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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.

Pittsfield Board Suspends Bei Tempi's Liquor License for Underage Service

By Brittany PolitoPrint Story | Email Story

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,   

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Dalton Voters Nix Mobile Tiny Homes, Approve Clean Air Funds

By Sabrina Damms

DALTON, Mass.— The two-year-long effort to implement movable tiny homes in the town’s bylaws failed during a special town meeting on Monday. 

Fifty-seven voters approved only four of the six articles on the warrant during the meeting that lasted a little more than an hour. 

The articles on the movable tiny houses, articles 5 and 6, failed 20-41, following an amendment and a discussion that lasted a little over half an hour. This topic was one of the most anticipated prior to the meeting. 

For more than two years, Amy Turnbull has been advocating to amend the bylaw, but has met obstacles delaying the effort.  She took the situation into her own hands by spearheading a citizens’ petition to put it on a town meeting warrant after the discussion was tabled during multiple Planning Board meetings.

During her presentation, she reiterated arguments she made during previous meetings, specifically how moveable tiny houses are a more affordable option in addressing the housing crisis and align with the town’s master plan. 

Although the state has made accessory dwelling units allowed by right to help address the housing crisis, ADUs now cost more than $300,000 to build. Movable tiny homes offer a lower cost way to add a dwelling unit on a lot, she said. 

“Originally, I wanted this bylaw to be an ADU bylaw, but because I felt like it was important to put a special permit into it,” Turnbull told iBerkshires. 

“[However,] the attorney's office confirmed that that was not possible to do because an ADU is a by-right use, so at the 11th hour we had to move the language into a different category, which is accessory use.”

This “muddled” communication between Turnbull, as a citizen’s petition, and the town’s attorney made it challenging to develop language to accurately represent the goal of the article, she said. 

In a follow-up with iBerkshires, Turnbull explained she was not surprised by the result. 

“I think there's probably a history that petition articles fail, and having the support of the planning board is paramount, but when you've got people on the planning board that use their personal opinions and bias, and keep tabling meetings. It's difficult to make change,” she said. 

The Planning Board voted to neither recommend nor oppose the articles on movable tiny houses following a public hearing that was requested during the annual town meeting, where the topic was “tabled.” 

Those against the article argued that it was too vague and incomplete and lacked clear limits on the number of units, placement rules, and detailed standards for height, design, and utilities. 

During her presentation, Turnbull said that tiny homes could be designed to match the architecture of the neighborhood. 

Opponents of the articles said requirements to have the unit align with the neighborhood design were not delineated in the proposed bylaw, so it was not a guarantee.  They also raised concerns about the neighborhood impacts and town finances, specifically how it should be taxed and the impact it may have on property values. 

With the failure of the articles, Turnbull said she was not sure how to proceed, whether it's moving to Great Barrington, where movable tiny homes are permitted, advocating for state legislation, specifically Bill 1474, or looking into buying “a really big, ugly trailer” to put on her property. 

In a follow-up, Town Manager Eric Anderson said that if voters choose to, they can "resurrect" the item at a future town meeting via citizens' petition, whether it's with the same or alternative language. 

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