Lowell finds Blue Shamrock liable for serving minor on Sept. 5, imposes one‑day suspension and corrective conditions
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Summary
After police testimony and a sworn statement from an 18‑year‑old patron, the Lowell License Commission found that the Blue Shamrock served a minor on Sept. 5 and failed to maintain required rosters.
After testimony from officers and detectives about an alleged Sept. 5 incident in which an 18‑year‑old patron said she was admitted without being carded and served a drink at the Blue Shamrock, the Lowell License Commission on Nov. 13 found sufficient evidence to support three violations and imposed disciplinary measures.
Officer Frederic Young and Detective Samantha Coleman with the Lowell Police Department described the investigation. According to Officer Young, the victim’s mother called police after her daughter texted that she felt sick and that someone might have tampered with her drink. The 18‑year‑old later told officers she and friends entered the Blue Shamrock around 11 p.m. without being carded and that she had been served a single mixed drink at the bar. Detective Coleman said the patron provided a sworn written statement and identification showing she was 18 and described physical symptoms including nausea and loss of coordination after the drink.
Captain Peaslee and investigators also told the commission that the Blue Shamrock failed to produce a timely duty roster for the night in question, which hindered the police’s effort to identify which bartender served the patron. Counsel for the licensee said payroll records could be provided; the licensee’s attorney stressed procedural concerns and argued that, absent live testimony from the victim, hearsay rules would bar a criminal‑style conviction. The law department and police replied that administrative proceedings may consider hearsay and that the victim’s contemporaneous statements are admissible under recognized exceptions.
After deliberation the commission voted that there was sufficient evidence to find violations of Massachusetts General Laws chapter 138 §34 (furnishing alcohol to a person under 21), relevant local license commission regulations (including roster and manager‑responsibility rules), and general compliance obligations. The commission then debated discipline. Counsel proposed parity with prior fines; police urged a stiffer response because of aggravating factors, including the possible tampering allegation and the failure to provide roster information. Commissioners discussed fines, suspension and voluntary restrictions; a motion to suspend the Blue Shamrock’s license for one day (to run concurrent for the three findings) was made, seconded and approved by roll call.
On a separate complaint tied to a Sept. 27 event, police alleged the licensee failed to notify the department of a promoted event and that an advertised cover charge discriminated on the basis of gender (free admission for women until midnight; $5 for men). Counsel said the event had been promoted by outside accounts and attendance was lower than capacity. After discussion the commission placed the Sept. 27 matter on file with no finding but admonished the licensee to notify police and the commission promptly in the future.
The commission instructed staff to notify the licensee of the disciplinary outcome and to post any imposed suspension; payroll and employee records were requested as part of the investigative record. The one‑day suspension and the requirement to produce records are the most recent procedural steps recorded at the meeting.
