License Commissioners Review Decision to Grant Licenses to Restaurant Owners with Prior Labor Violations

Report on the Meeting of the Board of License Commissioners, February 29, 2024

This meeting was held over Zoom and was recorded. It can be viewed here.

Present
Marian Walker (Chair), Doug Slaughter, Hallie Hughes. Absent: Dillon Maxfield and Gaston de los Reyes.

Staff: Steven McCarthy, Licensing Coordinator

The Board of License Commissioners approved  at its December 28, 2023 meeting, the transfer of the liquor licenses for Savanna’s Restaurant on University Drive and Amherst Burger on North Pleasant Street to Amherst Public House and Amherst Uptown Bar and Grille, both managed by Paul Tupa  Subsequently, the Board learned that Tupa and his partner Paul Lucido had recently been fined almost $500,000 for violating child labor laws at their two establishments in Plymouth, the Plymouth Public House and the Tavern on the Wharf.  Tupa had also been part of a group that was fined $80,000 in 2020 for wage violations at the Red Hat restaurant in Boston.

Board Chair Marian Walker looked into how the Board could have missed the previous violations. She contacted Attorney General Andrea Campbell’s office and discovered that the judgement of the child labor violation was made on December 20, 2023, but was not made public until January of 2024, after the Board had approved the transfer of the liquor licenses. She said the Board would not have known about the citations and the fines unless they had called the Attorney General’s office prior to the hearing to see if there were any pending cases. This has not been the practice of the Board. She stated that the AG’s office told her that they deal with over 800 cases a year, and that this one was probably reported in the Plymouth newspapers because of the size of the settlement.

Tupa and Lucido promptly paid their fines, and their liquor licenses have been renewed in Plymouth.

Board member Doug Slaughter said the Board is usually more concerned with violation of the liquor laws than wage violations. The license application asks about alcohol violations and nonpayment of taxes, but not about wage violations. He suggested that Board check with the AG’s office prior to granting a license, but noted that it is sometimes hard to find that information, because it may be under the name of a different limited liability corporation than the one listed on the application.

Amherst Has a Wage and Tip Theft Bylaw
Licensing Coordinator Steve McCarthy pointed out that the town passed a Wage and Tip Theft Bylaw in November of 2020 and began enforcing it April 1, 2022. According to the bylaw, business owners receive a warning for the first violation and a $300 fine for each subsequent violation. He said the Board of License Commissioners, Human Rights Director, or the police can enforce the bylaw.  In addition to the fine, violators can have their license suspended or revoked after a hearing or be required to post a wage bond.  

Because the commissioners were largely unaware of the Wage and Tip Theft bylaw, McCarthy suggested that the board discuss it at their next meeting. Slaughter agreed, saying, “We want people who are good business owners.”

McCarthy also suggested adding a supplemental page to the license application explaining the local regulations. He said he will work on a draft and bring it to the next meeting. The Board next meets in person at Town Hall on March 14 at 5:30.