HomeMy WebLinkAbout2010 Mar 22 - Memo from William Moran Re: Suitability of Applicant , _ ,.
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Tu: 1'armuuth Licensing Authority rc�:•,;,�,�, a'!�!a
Cc: Massachusetts MADD.ma..tatcia madJ.or¢
Thomas Shack,Cape and Islands District Attomey, thomas.,hackui:state.ma.us
Daniei ferullo,Oflice of the Attorney General, Janiel.fenillo�u,iate.ma.us
ChiefAlmon[e, nwinwnte(u;vannuuth.niu.us
Chairtnan Yartnouth Licensing Authonty,jsullivan u� :innouth.ma.us
Ruben Lawton,Town Administrator, Klawton(u vamiouth.ma.us ,
7ames Huben,Chairman Yartnouth Board of Selectmen,Jhoben(ri;yarmouth.ma.us
From: William Moran
Date: 3/22/20 f 0
Re: Suitabiliry of Applicant,62 Highbank Rd, South Yarmouth, MA
Regarding the hearing application for 62 Highbank Road scheduled for 3/23/2010.
It has been the precrice of the Board of Selectmen and Yartnouth Licensing Authority to
not pertnit comments regarding character of a town employee in open session.The
method requested previously of the Board of Selectmen is to provide the comments in
writing so as not to publicly assault an employee of the town.
In keeping with your past practice, please accept this lettet as a request to delay the
hearing until such time that allegations of irresponsible behavior by the applicant can be
investigated and heard by the proper enforcement au[horities. Specifically,
ALLEGATION #1
The applicant, being a senior manager of the Town of Yarmouth Golf DepaRment failed
to report gambling on multiple occasions within a premise licensed to serve alcohol,
being Stephanie's Restaurant, Bayberry Hilis Golf Course to the proper authorities.
Furthertnorc, chese matters were discussed in a hearing on 3i 102010 in front uf the
htassathusetts Atcohol Beverage Con[rol Commission. At that hearing the Yarmouth
Town Adminiscrator and the Chair of the Yarmouth Licensing Authonty were swom in
and later restified that they were not aware of any gambling activities other than an
"occasional five dollar be[or bets for pro-shop memhandise.
The gambling alleged is not five doliar bets or bets for pro-shop merchandise but cash
bets of one-hundred dollars or more per participant. The gambling took place on the
licensed premise and paid out as cash on the licensed premise. The gambling events took
place on numerous occasions each year over the last eight years. The gambling was not
pemiitted or licensed. The gambling provided for cash prizes for various town sponsored
events. These gambling practices as described are strictly prohibited within a licensed
premise.
I allege the applicant on numerous occasions witnessed [he col)ection and payout of
monies on the licensed premise without taking the actions ex{�cted of a responsible town
employee and the applicant does not meet the standard of fitness expected of a manager
ofa licensed premise.
Since the Chair of the Yarmouth Licensing Authoriry and the Town Administrator have
tesdfied they were unaware of allegacions of gambling as described above,then it is now
reasonable to eapect they were equally unaware of the irtesponsible behavior exhibited
by the applicant. Therefore, a response to these allegations by the Yarmouth Licensing
Authority is in order, including an investigation and determination as to whether
disciplinary action should be considered for the applicant who failed to report their
observations to the proper authorities.
ALLEGATION /F2
The applican[, being a senior manager of the Town uf Yarmouth Golf Department, failed
w take actions in [he inceres� of public safery on numerous occasiuns when the applicant
was confronted with violations uf the open alcohol container law on the grounds of che
tuwn operated golf courses. Specificat(y;
On numeruus occasions,employees of Bass River Grilie,which is located on the grounds
of 62 Highbank Road, South Yarmouth,at one of the town's [wo golf facilities reponed
violations of the open alcohol container law w the applicant,which were ignored or
treated as nuisances by the applicant. At no time did any employee of Bass River Grille
observe the applicant taking action tha[ would be considered responsiblebehavior or in
the incerests of public safery.
On numerous occasions. I and others reported violations of the open alcohol con[ainer
law to the applicant at the facility known as Bayberry Hills Golf Course,which were
ignored or treated as nuisances by the applicanL At no time did the applicant take action
[hat would be considered responsible behavior or in the interests of public safery.
On one occasion,a ticensed private investigator reported multiple violations of the open
alcohol container law to the applican[at the facility known as 8ayberry Hills Golf
Course. At no time did the applicant take action that would be considered responsible
behavior or in the interests of public safety.
AI.LEGATION#3
The applicant is an employee of the Town of Yarmouth and keeps an office at 62
Highbank Road,South Yarmouth as well as a regular work schedule. The appticant's
work schedule does not include both weekend days, nor dces the applicant keep hours
after 1600 hundred hours.
i would like the Yarmouth Licensing Authoriry to be aware that on at least one of the
busiest weekend days each week the applican[ will not be scheduled for work. Also, the
applicant will nut be available during the busiest �imes of che day for the service of
alcuhol, being the hours be[ween I600 hours �ill dusk.
The applicant has historically taken his multiple vacation weeks during the busiest
periods uf the golf season and there has been no provision in the public advertisement of
[he subject hearing regarding alremative managers during time of absences.
Additionally, the app(icant holds the position of Golfoperations Manager. Therefore, [he
Yarmouth Licensing Au[hority should be morc than skeptical about the abifity of the
applicant to perform both functions competendy in a five day work schedule.
The applicant's primary responsibility is Golf Operations Manager.The applicant's
office is located outside of che view of the restaurant operation. The Yarmouth Licensing
Authority should be more than skeptical about the ability of the Golf Operetions Manager
to observe the daily goings-on in the restaurant/bar.
ALLEGAT[ON#4
The Yartnouth Licensing Authoriry is reminded of the standard oFqualifications rcquired
by the Town of Yarmouth for all previous managers of the same licensed
premise/location.
A review of the applicants resume clearly indicates that the applicant does not meet the
standazd set by the town for all previous managers of the premise licensed at 62
Highbank Road.
The applicant has been employed full time by the Town of Yarmouth golf division since
infancy with no experience in the food and beverage industry. The Yamwuth Licensing
Authority should expect the manager of the licensed premise/location to meet the same
standards regardless if they arc a town employee.
ALLEGATION k5
The Assistan[-Town Administratur wrote in an rmail dated 3%2?i2010 at 1553 hours the
fol luwing;
"Run Hewins'jub description has been changed. We are in the process of drafting
a revision to Ron's job description.The job description must be negotiated with
the union then brought to the Personnel Board for a classification review before i[
can be adop[ed."
The Yarmouth Licensing Authoriry should be receipt of the applicant's job description,
which includes the newly proposed duties as a manager of a licensed premise as well as
any other duties included in his job description and such job description should be
approved by the union and Personnel Classification Board prior[o submittal by the
apptican[. Anything less should be considered an incomplete package and therefore che
Yarmouth Licensing Authoriry should reject the application until such[ime the applicant
can demonstrate that his approved job description provides for the time necessary to
manage a licensed premise.
SUMMARY
• The applicant possesses no experience as a manager of a licensed premise.
• The applicant's current responsibilicies as a senior manager of the golf division do
not provide adequate time to act as manager of a licensed premise and as Golf
Operations Manager. Lacking sufficient time to perform as a manager of a
licensed premise may become an issue of public safety.
• The applicanPs work schedule does not permit the applicant eo be on premise
during the periods of time when alcohol is most likely to be served. Lacking the
work schedule to perform as a manager of a licensed premise may become an
issue of public safety.
• The applican['s indifference to the laws pertaining to gambling on a licensed
premise exhibie a lack of respect for the licensing ►aws of Massachuse[ts and go ro
the issue of character oE che applicant.
• The applicant's indifference when confmnted with violations of the open alcohol
container law exhibit a complete lack of respect for public safety that would not
be tolerated by the Yarmouth Licensing Authority for any previous applicant.
1 respectfulty request that this letter become a part of the hearing record to be held on
3l23/20I0 and that any fitness detertnination by the Yartnouth Licensing Au�horiry to
award the applicant a position as manager ofa licensed premise be held without prejudice
❑ntil the allegations are fulty irnestigated.
Allegations 7i I and tF2 can be confirmed with employees of Bass River Grille. If
necessary, f can provide under separate cover the names of individuals and telephone
numbers. For reasons ofprivacy, f have not included their phone numbers in this
coerespondence.
ln addition to the employees of Bass River Grille, f can also supply names and phone
numbers of others who witnessed ancVor participated in Alfegation ql. Again, for
reasons of privacy, I have not included their phone numbers in this cortespondence.
Both the names of employees and witnesses above are being copied to the Alcohol
Beverage Commission and are available immediately upon request.
Regarding job description, the email from ehe Assistant-Town Administrator is suached.
Sincer y, �
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W illiam n,'fown of Yarmouth Resident