Pittsfield Board Suspends Bei Tempi's Liquor License for Underage Service
PITTSFIELD, Mass.— The Licensing Board on Monday voted to suspend Bei Tempi's liquor license for five days, determining that it was "more likely than not" that the bar served at least one underage patron alcohol.
The penalty will begin on July 6.
"I just think the conventional wisdom would dictate that two minors don't go into a bar on multiple occasions to get juice," board member Jon Lifvergren said, referring to the contents of a glass in video surveillance.
"It's conceivable, it's possible, but conventional wisdom- just, every fiber of my being is just saying, what's the likelihood of that? That they've been there, from what I understand, on multiple occasions, to have some juice?"
Earlier this year, Police Capt. Matthew Hill received a call from an upset parent about her 19-year-old daughter patronizing Iztac Mexican Restaurant at night and being served. Those photos resulted in a two-week liquor license suspension for Iztac, which is now closed, and the same mother submitted an almost identical complaint about Bei Tempi, accompanied by photos.
At the last hearing, the board watched security footage from the night, around 11 p.m., which does not display the establishment's door or bar, and heard from the patron's mother.
Attorney Ken Ferris on Monday argued that there isn't enough information to substantiate the claim, specifically that video footage only showed a reddish liquid in a glass held by one of the girls and that they didn't appear to be stumbling.
He said they were there to dance and not to drink.
Board member Kathy Amuso said the police wouldn't have brought the incident forward if they didn't feel underage people were drinking.
"And can we say for sure they were? No, but we've had the police come here before and say, 'They did the right thing, they called at 11:30 when there was an issue.' They didn't do this with this," she said.
"And lastly, they had minors in the bar, and they shouldn't have been there at that time of night."
Lifvergren said he made the motion with these justifications: It's more likely than not that alcohol was served, the underage patrons had been there on numerous occasions or more than one occasion, and the board was promised that this could not and would not ever happen.
The hearing for Zuke's Soups and Variety LLC, doing business as Bei Tempi, was continued for the third time last month. Chair Thomas Campoli voted against the suspension, and Amuso suggested it start on July 6.
Bei Tempi has been accused of underage service by two different parents in the past year and has promised to run IDs through an authenticator to ensure their patrons are of age.
Last year, a different mother approached the Licensing Board asking for accountability after her underage child was allegedly served at Bei Tempi. After drinking at a graduation party, she said her 18-year-old son became further intoxicated at the establishment before returning home late and becoming combative, resulting in an arrest by police.
That report was dismissed after the claimant failed to show up for the final hearing.
Owner Elizabeth Zucco, who was not present at this hearing, promised that they are running every ID at the door through an authenticator.
"Approaching a year ago, they were here under very similar circumstances, with a different mom and different kids, and at that point, there was not enough evidence to conclude that any adverse penalty should take place," Lifvergren said.
"However, Mrs. Zucco made it crystal clear that there was never a minor in that bar, and there never will. 'I'm going to get myself the latest, greatest ID scanner to ensure that I'm not here again.' Here we are."
Tags: license board, underage drinking,
