Town of Raynham, Massachusetts
558 South Street, Raynham, MA 02767
ph: 508.824.2707
Board of Selectmen Minutes 03/15/2011
BOARD OF SELECTMEN                                                            March 15, 2011

Chairman Marie Smith called the regular meeting of the Raynham Board of Selectmen to order at 7:04pm.

Present were Marie Smith, Donald L. McKinnon and Joseph Pacheco.

Acceptance of the Minutes -- Mr. Pacheco motioned and Mr. McKinnon seconded to accept the minutes of the March 8, 2011 meeting as printed.  Mrs. Smith made it unanimous.

Mr. Pacheco motioned and Mr. McKinnon seconded to release selected Executive Session minutes.  
Mrs. Smith made it unanimous.

Mr. Buckner’s Town Administrator’s Report was reviewed.

7:10pm – Public Hearing – Applications for an Annual Wine & Malt Beverage License
Mr. Buckner informed the Board that the applicant for Asian Palace, Inc. had failed to comply with requirements for notifying abuttors.
Hibachi Sushi Buffet, Inc.  – Attorney Chris Coleman was present to represent the applicant Ai Hui Lu, Manager.  Abutter notifications were presented to Mr. Buckner.  Attorney Coleman informed that previously the establishment applied for a license under a different manager and the translation as to the information asked by the Board to the applicant was misunderstood.  The establishment now is requesting the Board’s approval on the application for an annual wine & Malt Beverage License under Ai Hui Lu, Manager.  
Ms. Lu has been in the restaurant business for many years including her recent employment with New China Super Buffet in Woonsocket, RI where she was an Assistant Manager.  Ms. Lu is TIP certified and has served alcohol.  Attorney Coleman informed that the establishment at 1470 Rt. 44 is approximately 7000sq. ft. and will be able to seat 156 patrons along with 14 bar seats.  The proposed hours of operations are Monday through Saturday 11am to 12 midnight and 12pm to 12 midnight on Sundays.  Attorney Coleman stated that the Hibachi Sushi Buffet is presently the only Chinese restaurant in Raynham that does not serve alcohol.  
Mrs. Smith asked if the renovations/construction has begun.  Present from Attorney Coleman’s Office was translator Andrea Kor who questioned the applicant on the renovations.  Ms. Kor informed the Board that the renovations/construction has begun.  Mr. Pacheco stated that he has concerns with the application due to the previous issues of the applicant.  His concerns are that if issues arise in the future and there are violations, who would be available to appear before the Board and would it be the correct individual.  Attorney Coleman stated that he too was astonished to learn of the information received from the previous applicant, but has looked into the new applicant himself and assured the Board that Ms. Lu is the correct person for the business.  Attorney Coleman informed the Board that the business is family owned and although the previous applicant will not be the Manager, he will be employed at the restaurant.  Attorney Coleman stated that Ms. Lu has had the experience and will be able to make sure the establishment is run properly.  Mr. Pacheco informed all that the Board will be tabling their decision for one week pending background checks on the applicants.  
Mr. McKinnon concurred with Mr. Pacheco and also stated that he does not agree with the error in translation.  He also informed that all individuals serving alcohol should be TIPS certified.  Attorney Coleman informed that applicant would hire an alcohol trainer to be brought to the site for all employees to be TIPS certified.  
Mr. Pacheco motioned and Mr. McKinnon seconded to take under advisement for one week.  Mrs. Smith made it unanimous.
7:24pm – close Public Hearing

7:25pm – Public Hearing - Applications for an Annual Wine & Malt Beverage License Ryan Family Amusements, Inc.
Present were Attorney Paul Tardif from Yarmouthport; Michael Poe, Manager of Ryan Amusements and Rob Nichols, President of Ryan Amusements, Inc.
Abutter notifications were presented to Mr. Buckner.  Attorney Tardif informed all that Mr. Poe has been employed by Ryan Amusements for 17 years with the last 13 years being in Raynham.  Mr. Poe is TIPS certified and that the applicant is applying for a Wine & Beverage General on Premises License for the establishment on 115 Rt. 44.  Attorney Tardif informed that Ryan Amusement presently has five locations in Massachusetts and Raynham is the only establishment that does not serve alcohol.  The proposed hours of operations would be till 10pm weekdays and 12 midnight on weekends.  Attorney Tardif informed all that the license that the applicants are applying for does not require food to be served at the establishment.  The applicant is not looking into acquiring the license for an increase in their business, just as an amenity for their patrons.  Attorney Tardif informed of the revenue percentage sale of alcohol at the Buzzard Bay establishments- approximately 2.3% where there is no food served.  He stated that the license would cover the entire premises, but that the business would self-patrol certain areas where no alcohol would be allowed, such as the lanes, game room and party room when children are present.  The facility allows for the serving area to have total visibility of the entire establishment.  Mr. Nichols informed the Board that he has been with Ryan Amusements for 33 years and the business has been running for a total of 52 years.  The company does have a total of five establishments in the State and that the serving of alcohol would just be an amenity for their customers.  Mr. Nichols stated that he would still like to maintain the establishment as a family environment.  Attorney Tardif said that the building is equipped with seven cameras and monitors for visibility at different locations throughout.  He also suggested the Board contact the local Towns/Cities were Ryan Amusements establishments are located to inquire as to their standing.   Mr. Pacheco thanked the application and Council for the presentation and stated that he would like to see them thrive and grow in their business and in Raynham.  Mr. Pacheco stated that the City of Taunton presently has AMF Lanes and on certain nights there are police details.   He stated to the applicant that if there would ever be a need for a police detail, would the applicant have any issues with that.  Attorney Tar stated that it would not be an issue, although if there were ever to be an incident, the applicant would likely turn in the license.  Mr. Pacheco asked if bands would be used for those allowed alcohol.  Mr. Poe informed that he would be using the bands for those patrons being served alcohol.  Mr. Pacheco also asked if pitchers or cups would be used.  Mr. Poe informed that only cups would be used and that all servers will be TIPS certified.  Mr. McKinnon thanked the applicant for their presentation and informed of his concerns with the connecting business that does have a full liquor license.  Attorney Tardif agreed with Mr. McKinnon’s concerns and the adjacent business, although the establishment will be monitoring all patrons by self-patrolling the areas within.  Mrs. Smith asked Mr. Poe if he has ever served alcohol.  Mr. Poe informed that he has not although prior to being employed by Ryan Amusements was employed as kitchen help where that business did serve alcohol.
Mr. Pacheco motioned and Mr. McKinnon seconded to take under advisement for one week.  Mrs. Smith made it unanimous.   7:40pm – Close Public Hearing

Mr. McKinnon spoke of the possible elimination of the Boston television channels for Raynham residents and requested Mr. Buckner forwarded correspondence to Representative Frank’s office.  Mr. McKinnon’s concerns to be addressed for Raynham is that if Providence, Rhode Island channels are only received in Raynham and Raynham’s home state is Boston, residents could not receive emergency information regarding Homeland Security.  Mr. McKinnon motioned and Mr. Pacheco seconded to forward correspondence to Representative Frank’s Office.  Mrs. Smith made it unanimous.

Correspondence – The Board received from Kevin Ellis a request to host Raynham’s 12th Annual Pride Day on September 18, 2011, rain date September 25, 2011.  Mr. Ellis informed the Board that Park & Rec has approved.  Mr. Pacheco motioned and Mr. McKinnon seconded to approve Raynham’s 12th Annual Pride Day, September 18, 2011, rain date September 25, 2011, 1-4pm.  Mrs. Smith made it unanimous.

Correspondence – The Board received a request for a Tag Day from the Wildcat Travel Team of Berkley for August 20 & 21, September 18.  Mr. Pacheco motioned and Mr. McKinnon seconded to approve the Tag Days for the Wildcat Travel Team of Berkley for August 20 & 21, and September 18.  Mrs. Smith made it unanimous.

Correspondence – The Board received from Comcast-Xfinity their Annual Notice for Filing.

Correspondence – The Board received information regarding Raynham’s Annual Rabies Clinic to be held on April 9, 2011, 12-2pm behind the Police/Fire Station.

Correspondence – The Board received from Attorney Antine notice from the ABCC that it had upheld the Board’s decision to cancel and revoke the all-alcoholic beverage license of JoKar, Inc., d/b/a Joe T’s Pub & Billiards. They have 30 days to appeal the ruling in court.

Correspondence – The Board received from Mrs. King information regarding Jess Marie Road.  Mrs. King informed the Board that all third quarter taxes are currently paid in full.

7:52pm-Mr. Pacheco motioned and Mr. McKinnon seconded to adjourn for the performance of administrative duties, signing Bills with no business to be conducted afterwards.  Mrs. Smith made it unanimous.

Respectfully submitted,

Dawn Caradonna
Recording Secretary