Chelsea licensing panel declines to find violations after bar disturbance; urges retraining and better video cooperation

The Chelsea Licensing Commission on Jan. 15 declined to find sufficient evidence that La Esquina Mariachi at 170 Washington Ave. violated city licensing rules after police presented surveillance video of a Nov. 16 disturbance that left one person cut.

The hearing opened with Sergeant Chung of the Chelsea Police Department presenting the police report and recommending review of the footage; Officer Jamil Santiago played and narrated the video for the commission, saying it showed a female worker taking multiple shots, interacting closely with patrons and "continuous touching" that the department considered a potential standards-of-conduct issue. Police records cited the call as occurring around 8:22 p.m. and officers reported arriving within minutes. Santiago described the moment the patron smashed a plate, producing blood on the floor, after which officers were summoned.

Mark White, attorney for La Esquina Mariachi's owner Alcides Perez, submitted a sworn affidavit and the server's time card and argued the woman seen in the video was off duty that day, sitting with regulars and not working. White told the commission, "I have a sworn affidavit from the individual, and I also have her time card from the day that I'd like to submit," and said the footage did not show her behind the bar or serving customers.

Commissioners and staff pressed competing points: police and some commissioners said the footage showed employees being touched repeatedly and that managers should call 911 when an encounter begins to escalate; White and the owner said the violent act was initiated by an outside patron who was not being served and that the staff acted reasonably. Commissioners also focused criticism on the initial refusal to provide surveillance footage to responding officers and on the optics of workers appearing in work clothing while drinking on premises.

After extended discussion about whether three rules cited in the notice (City of Chelsea Licensing Commission rules 2.09(b), 2.12 and 2.13) had been violated, a motion for a finding of "insufficient facts" on those counts passed by voice vote. The commission made no formal finding of violation.

Still, commissioners imposed several nonpunitive directions as part of the record: they urged the establishment to retrain staff on conduct and emergency response, prohibit employees from remaining in work attire while drinking on premises, ensure managers are prepared to call police promptly when patrons become aggressive, and to remedy any technical or access issues that prevent timely release of surveillance footage to police.

The commission emphasized that the determination reflected the specifics of this record — the available footage, the affidavit and time card — and did not amount to a statement that the conduct pictured was acceptable. The hearing record will remain available to staff and the police, and the commission asked that licensees comply quickly with evidence requests in future incidents.

The commission closed the matter with a vote finding insufficient facts to sustain the cited violations and with a directive to the licensee to conduct retraining and to coordinate with police on surveillance access. No formal disciplinary penalty was imposed at the hearing.