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Liquor-store owner, detectives clash over Carribean Festival citation
By adamg on Tue, 10/07/2014 - 4:00pm
Ramon Genao does not dispute that two guys walked out of his Hollywood Liquors II at 489 Blue Hill Ave. with alcoholic beverages - one a Bud Lime-a-rita - during the Caribbean parade on Aug. 23, or that they popped the tops and began drinking right outside his store.
But at a Boston Licensing Board hearing today, Genao protested what he called a no-win situation: Had he or his security guard noticed the drinkers immediately and called for police help - since drinking in public is illegal - he would have gotten a citation and be forced to appear before the licensing board. Instead, it was a busy day and a BPD detective happened to be right there, noticed the drinking and issued Genao a citation, forcing him to appear before the licensing board.
"We just can't control everything," especially on one of the busiest days of the year on Blue Hill Avenue, he said.
Board member Suzanne Ianella voiced sympathy, questioning why police, "in this day and age," would expect somebody like Genao to go outside and tell people to stop drinking when they might be armed.
But Sgt. Det. William Mulvey said the law is clear: Store owners are responsible for the sidewalk in front of their stores, whether they're in West Roxbury or anywhere else in the city, he said. "That's why they got the violation, and they'll get it again," he said.
Mulvey and Det. William Gallagher were on licensed-premises patrol during the parade, walking up and down the route looking for violations. Unlike during the St. Patrick's Day parade in South Boston, BPD does not station an officer outside every package store.
Genao said he had 14 workers on that day due to the expected heavy business during the parade and that he hired a security officer, at $300 for the day, to further help keep things under control.
He said security video he has shows the two men come out of his store, eating sandwiches as they stood there, along with other parade goers. And then, without warning, they popped open their drinks. "As soon as they opened [the cans], that's when the officer approached," he said.
Genao said he wants to work with police, and has worked with police, but added, "Why are we going to call police now, we get a violation every time."
Board Chairwoman Nicole Murati Ferrer said that if Genao or his workers did nothing wrong, then the board will dismiss the citation with a "no violation" finding.
But Genao said that still means he has to travel to City Hall for a hearing. "It's nerve wracking to me, actually," he said.
The board decides Thursday what action, if any, to take in the case.
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Comments
What year is this again?
Who cares if a couple of grownups drink a beer at a parade.
Geesh.
Clearly he has a case for appeal
A "Bud Lime-a-rita" may well be alcoholic, but I would dispute it's beverage status under a pure undrinkability argument.
But Sgt. Det. William Mulvey
Coakley
I wish she would attack the Nanny state with the same sort of venomous force that she attacks nannies with.
You seem to have a poor grasp
You seem to have a poor grasp of the role of Attorney General. Baker was is in the executive branch awhile ago though he did very little except push the big dig payments to our children and prime himself with connections in state government to get a sweet government handout for his health care firm, while profiting mightily.
Coakly?
She can't catch legislators pocketing cash, or legislating multi-million $ contracts for their buddy's software companies. I guess she expects the Feds to bust the illegal drinkers.
PS- Agree with the sentiments of how stupid our laws are. How ever did (bible belt) Atlanta manage to have beer concessions on the streets during the Atlanta Olympics?
Hmm
Maybe the answer is to fine the people who actually broke the law? Just a thought.
How exactly would the store owner been able to prevent this? The detectives didn't even give him a chance to call police/send security outside.
Equality
I'd love to know if this same move has been pulled by Boston's Finest on any of the liquor stores in South Boston during the Saint Patty's parade, or any of the Liquor Stores along the route of the Dorchester Day Parade.
#protectandserve
#bostonsfinest
Didn't Menino make sure the
Didn't Menino make sure the bars on route of the parade and liquor stores were closed early for the day of the St. Patricks day parade?
Did he do that for the Carribean festival as well?
Parades
The City should move the Caribbean parade and the St Patricks's parade down to the Seaport. Let all participants go crazy, drink alcoholic beverages and act like idiots. Let the Yuppies have some fun.
What is the problem here, again?
I went to the zoo for a concert in another city. I brought a six pack. We drank it with dinner.
Other people around us were drinking bottles of wine, with juice for the kids.
Nobody was drunk. Nobody was stupid. There were no problems.
Where does this attitude that "letting people do stuff means they will just go crazy" come from? I've been to many other places where these rules didn't exist, and the problems that were "supposed" to happen absent the rules did not exist, either.
Yup
In San Francisco you can drink on the beach. In NYC, nobody is going to bother you if you'd like to picnic in Central Park with a bottle of wine or a few beers. Here? No way I'd try that. Silly.
The purchaser should have been cited
Most of the people at St. Paddy's and Dot Day pour their alcoholic beverages into other cups; Solo, DD, PS, etc. A bit more discreet than cracking a can open in front of a cop, who does that?
Someone from another place
Somewhere where adults are allowed and expected to act like adults.
Kind of sad that MA seems to get way more worked up over people drinking beer in public than it does about putting dangerous drunk drivers in jail.
Where are adults expected to act like adults?
Who is more worked up about people drinking in public than putting drunk drivers in jail?
MA and 42 other states have an outright ban on open containers. The other states that do allow open containers in public, have some restrictions; 16 oz or less, must be in a plastic bottle, etc. In those states, the areas where you can have an open container are restricted and determined by local government.
Is there any good reason to have an open container law?
It seems like a really outdated relic of Prohibition days. New Orleans gets along just fine without such a law.
Actually not a state law.
The state leaves it up to Cities and Towns to regulate open container laws.
Right, and there are only a
Right, and there are only a few areas of cities/ towns, in a handful of states that allow open containers.
Yea but MA doesn't ban open containers.
It lets cities and towns set those rules.
Irrelevant
Regardless of whether you think the open container law is a joke or not, how on earth is the store owner responsible for others breaking the law? Is he supposed to put a time lock on all the bottles/cans so they can't open them until they get home? I think it's silly this was an issue at all, but if anything, fine the guys drinking and move along.
I understand that.
I understand that.
I was responding to this comment: "Somewhere where adults are allowed and expected to act like adults."
I should have worded it differently.
My point is; there aren't many places where open containers are allowed, places where adults are allowed and expected to act like adults.
I am not aware of any cities or towns in MA that allow open containers in public, are there any?
there aren't many places
Yeah? England, France, Germany, China, New Zealand, Japan, and on and on.
There are other places than
There are other places than the US, some of them are even major first world powers. Lots of them have no open container law, and they are yet to descend into drunken chaos.
Might depend on the neigborhood
I saw plenty of people openly drinking beer curbside at the Rozzie Day parade on Sunday. But it's a mellow crowd that turns up for that, so maybe the police aren't really looking for booze or following a zero tolerance policy. If the event has a tradition of rowdy behavior, BPD might well be on more of an alert standing.
Wait Wait Wait... WHAT!??
This guys is guilty of nothing but doing business. Bringing this guy in for a hearing is nothing more than a waste of public resources. How can the cops possibly say that store owners (or anyone else anywhere else) are responsible for enforcing law? That's why they exist. I agree with him that this appears to be a no win situation. If he didn't sell them alcohol he'd be accused of profiling or worse. If he confronted these guys who know what could have or would have happened. Though I don't agree with his argument of why he didn't call police, I do not agree with this law. The officer should have taken care of it. The end.
I don't understand why the
I don't understand why the store owner should be responsible for the actions of other people once they leave the store. I also totally agree with the guy about calling the cops. That guarantees a citation.
He's responsible because, as
He's responsible because, as the old saying goes, "It takes a village to enforce the nanny state."
Why call the cops?
I mean, there was one already there, how does it make sense to cite the guy for not calling in that circumstance?
Hmmm
We are a nanny state, what do people expect. Even biying perfectly legal product like tobacco is like buying heroin due to city and state regulations. Walk into a lot of liquor stores and it's like you're doing something sleazy and illegal. It's part of our charm. Thank you 17th century puritans and 22st century 'progressives'. Why don't we just get it overwith and ban anything that isn't fair trade and produced organically in Vermont?
What have the Romans ever done for us?
You know, I'll take the "charm" of having world-renowned educational institutions, unparalleled hospitals, a leading-edge technology/biotech sector, lots of parks, a pretty decent public transportation network (when it's not breaking down of course) , and a government that gives half a crap about social services over being able to freely walk around with a cup of booze any day of the week.
John Adams should rise from his grave and give you a good smack^H^H^H^H^H stern lecture about priorities.
You want to talk about
You want to talk about setting priorities? Who is it again that's spending time, effort, and money enforcing an asinine law? Because I don't think it's the people outside drinking a beer just trying to enjoy some sunshine.
Maybe?
Citing the store would (and did) cause less of a scene at the scene?
Remember how
a recent college graduate was struck by a stray bullet and died at this same parade? Maybe the cops literally had better things to do than hassle consenting adults and tax paying small businesses.
Remember how
the college student was struck by a stray bullet; before the parade, around 8:00 am, before the majority of detail officers arrived and way before liquor stores were open?
Thank you for saying it
Liquor store owner 1, useless Boston cop 0.
Pointless
The street is closed and thousands of people are out. Adults can have a few beers on the street and control themselves. Can't have that but it's ok if I want to pay Bob Kraft $50 so I can pound a 30-rack in his parking lot and drive home.