Workers Required To Review Liquor Regs

 HARWICH – The select board has directed The Port Restaurant and Bar, Inc. to have its employees read and understand the town’s liquor license regulations. The board made the decision in its May 27 meeting when acting on alleged violations that occurred last summer.

While hearings on violations occurred last fall, the board received the findings of the hearing officer, Town Administrator Joseph Powers, on April  7. Powers held a show-cause hearing on three alleged violations by The Port Restaurant on Sept. 5.

The alleged violations occurred on July 6 and included a failure to ensure that patrons left the premises in an orderly manner; hindering or delaying any investigator, inspector or any other authorized agent of the licensing authority in the performance of duty; and failure to cooperate with authorized agents of the licensing authorities.

 Powers also conducted a show-cause hearing on alleged violations at Perks on Nov. 20, and his findings were also presented to the board on April 7. The town alleged that there were three instances of entertainment/noise emanating from Perks on Aug. 4, Aug. 31, and Oct. 13. 

The town’s findings related to The Port restaurant’s alleged violations found an employee of the establishment delayed an investigator in the performance of his duties. The allegation of failing to ensure patrons left the establishment in an orderly manner and failing to cooperate with an authorized agent were refuted, according to Powers’ findings.

“Given that the town and your hearing officer have acknowledged the efforts of the establishment’s manager on duty that evening were ‘helpful,’ I find that the allegation was perpetrated by one particular employee who was described as a summer employee. That individual was not made available as a witness due to being away at school,” Powers wrote in his report to the board.

 Powers’ recommendation to the board was to require that the establishment provide and show proof of additional training for establishment employees, including summer employees, to understand and implement the town’s liquor license regulations.

 Port attorney Dina J. Browne said she would put a package together, including documentation from the police department’s annual seminar on liquor license regulations, and be sure it is presented to each employee as they are hired.

 Select Board member Donald Howell said each employee will have to sign a document confirming that they have received and read the documents. The board approved a motion to that effect 5-0.

 “I intended it to be for The Port only as they had incurred an actual violation due to employee ignorance,” Howell said. “As we continue to hold the annual meeting with all licenseholders, designated representatives, and the Harwich Police Department, that should be sufficient unless an establishment shows itself to be negligent in upholding its license terms due to employee ignorance. At this point, I suppose that the same conditions would be imposed by the board on that licenseholder, too.”

 As for the alleged violations at Perks, Powers found that the exhibits and sworn testimony support the allegations that music was played after the closing hour set by the establishment’s licenses, and he upheld the charge. He further found that noise emanating from inside the establishment was heard “outside the boundaries” of the premises.

 In his recommendation, Powers wrote that the owners of the establishment testified and provided proof that they have made further investments in sound control equipment and mechanisms. 

 “I recommend that they ensure to the town that those systems and mechanisms remain in place and further, that they have adequately proven to have trained all staff to ensure the proper working of the same,” Powers wrote in his report. 

 Select Board member Peter Piekarski wanted more information on what has been put in place to control sound. The board voted 4-1 to continue the hearing to allow the owners of the establishment to explain what steps they have taken. Select Board Chair Jeffrey Handler dissented, saying that he does not want to be “micromanaging” the establishment.