Liquor License Hearings Result in Letters of Reprimand, A One-Day Supension

After four liquor license violation hearings, three establishments will receive a letter of reprimand while a fourth establishment will receive the letter along with a one day suspension.

On Nov. 12, the selectmen voted 5-0 to give a letter of reprimand to Gillette Stadium for a violation on Aug. 16, 3-2 to give a letter of reprimand to Skipjacks, 3-2 to give a letter of reprimand to Tastings Wine Bar and Bistro, and 3-1 to give the Foxboro Country Club a letter of reprimand and a one-day suspension in February.

In both 3-2 votes, Jim DeVellis and Ginny Coppola voted no on the grounds that both establishments should have to serve a one-day suspension. 

In the vote for the Foxboro Country Club, selectman John Gray and acting town manager Bob Cutler recused themselves due to their membership to the club and Lorraine Brue was the lone vote against the motion.

Unlike the Gillette Stadium violation, the other three came during an announced compliance check on Sept. 26.

According to Foxboro Police Sergeant Richard Noonan, who conducted the compliance checks, the check consisted of a 19-year-old boy walking into the establishment under the watchful eye of a Foxboro police officer. The kid then walked up to the bar, made conversation with the bartender, and was asked what he wanted to drink.

All three times he asked for a Bud Light, handed over his genuine driver’s license when asked to show ID, and took possession of the beer after it was paid for with money supplied by the Foxboro Police Department.

In each sting, the ID used was the vertical under-21 state license, rather than the standard horizontal one given those of legal drinking age.

The managers of the establishments, apologized in front of the selectmen for the violations, understanding the severity of the situation.

“It’s more embarrassing us that we would fail such an easy compliance check. No trickery was involved,” Skipjacks GM Peter Dowd said.

In the case of Skipjacks, the manager on duty observed the bartender hand over the beer but thought everything was ok because the ID was handed back. The employees has since been fired after not properly reading the license.

Dowd said the main focus for Skipjakcs is the dining experience rather than drinks. On event days, IDs are checked at the door and out of state licenses are not accepted during certain events such as UMass football games which attracts fans not from Massachusetts.

The staff also keeps an eye out for anyone who may have had too much to drink during meals according to Dowd.

During the hearing for Tastings, owner Bill Martin said the bartender looked at wrong date, which was unacceptable for him. The bartender was suspended three days for the error but not fired. 

“We’re mortified by this event. This is not what we’re all about. In my opinion, the person made it worse because he stuck out like a sore thumb,” Martin said, referring to the older crowd that Tasting attracts.

According to Martin, many steps have been taken to avoid a repeat offense including adding a calendar with the minimum drinking age behind the bar, making the entire staff get recertified for handling alcohol, and having a discussion on safe alcohol serving at all pre-shift meetings.

Chairman Mark Sullivan was fine with the punishment, confident that the worker wouldn’t let a similar mistake happen again.

“I’m not one to say you should have terminated her. I can guarantee you that girl will never make that mistake again. Sometimes you have to learn a lesson the hard way,” Sullivan said.

The Foxboro Country Club received the most sever punishment due to the need to avoid a 2-2 vote and the semi-private nature of the club.

"This one I find a bit more difficult because it's a private club. How does a kid dress like that enter the club?" Sullivan asked, noting that the 19-year-old kid was dressed in a hoodie for the sting.

Manager Stephen Champaign said the club is semi-private with the dress code only enforced on the golf course.

The bartender was terminated after accepting the license with Champaign making no excuses for the violation.

"There's no good reason why this individual did not understand that license," Champaign said.

According to Champaign, the club’s staff is TIPS certified on a yearly basis and is now in the process in getting recertified in response to the violation.

When any outings or events happen, the staff does review the policy for serving alcohol.

The violation for Gillette Stadium was the first for the stadium build in 2002 and as far as stadium and police officials could remember, the first for either Gillette Stadium or the old Foxboro Stadium. The violation came after an officer was altered of a situation in seats located in the South end zone during a Patriots preseason game on Aug. 16.

According to Noonan, the office was approached about two girls who just bought beers from a hawker. After talking to the girls, the officer confirmed that the girls bought the beers and were 18.

The hawker did admit that he checked their IDs and sold the girls the beers while knowing they were not 21 or older. The hawker was fired on the spot and later summoned to Wrentham District Court for selling alcohol to a minor.

Nolan also said the hawker received a letter of disinvite and is subject to arrest for trespassing if he is caught on Gillette Stadium or Patriot Place property.

“We don’t dispute the fact. It was a rogue hawker and in this particular case he knew the girls,” attorney for the Kraft Group Steve Miller said.

Jim Nolan, the manager of record for the Gillette Stadium license, added that the now former hawker was team trained and certified. Like all employees that serve alcohol at the stadium, he did sign the stadium's food and beverage policy that workers must agree to every time they serve alcohol. 

Failure to comply with the policy is grounds for dismissal.

To help avoid the situation again, Nolan said the hawkers have been told if they have any doubt of the validity of an ID, they should take it to guest services to have it run though a scanner. The customer will then get a wristband that along with the ID, shows that the customer is of legal age to drink alcohol.

While Nolan asked the board to fine no find particularly because of the 15 million people that have attended ticketed events before a violation took place, the selectmen were worried that such a decision would set a precedent for future first time violators.

In addition, the guidelines used by the board calls for at least a letter of reprimand and/or a suspension for up to three days.

“The fact that you fired his kid, that’s why I assumed we should have a letter of reprimand and not a suspension. That’s the only reason I say a letter of reprimand and not a suspension,” Coppola said.

Nolan also added that is it unlikely the former hawker will be welcomed back to stadium property.