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Another restaurant told to shut down after ISD fails to tell owner she needs a food-serving license
By adamg on Tue, 05/10/2011 - 5:29pm
The Boston Licensing Board today ordered a new Roxbury restaurant to close immediately because it doesn't have a food-serving license.
The owner of Eddy's Restaurant, 2253 Washington St., told the board today that she went to Inspectional Services at 1010 Massachusetts Ave. and was told all she needed to open were permits from ISD and a health inspector. Through her daughter, acting as an interpreter, she said somebody there told her she didn't need a common victualer's license because her restaurant was too small for one.
"Although 1010 Mass. Ave. may have told your mother she doesn't need one, they're wrong," board Chairwoman Nicole Murati Ferrer told her, adding that until she went before a neighborhood civic group and then the licensing board, she had to close up.
This is the third time in a month Ferrer has told restaurants they had to shut immediately because they made the mistake of listening to ISD. Last month, restaurants in Allston and Roxbury had to shut, although in their cases it was just for a day.
Police Det. Eric Eversley said he visited Eddy's twice, in February and March, and both times told workers they needed a license. The first time, he warned them; the second time, he issued a citation, which is what led to today's hearing.
"This is a criminal offense, so criminal charges can be brought against you," Ferrer warned.
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Comments
Wow, Nicole Murati Ferrer is
Wow, Nicole Murati Ferrer is an asshole.
This poor woman gets incompetence from ISD and threats from the licensing board, just because she wants to open a business. Why is local government so full of morons and self-important bureaucrats? You know Ms. Ferrer felt really proud of herself telling a woman she could go to jail.
I was going to say that it's time for Bostonians to consider organizing a referendum to return to Licensing Board back to the city's control, but we all know that it wouldn't solve a thing.
Yeah, seriously messed up
They're closing down a family-owned business because their departments can't communicate with each other?
they're closing a family-owned business
...because they ignored a visit + warning from a code enforcement officer (thus ending their ignorance excuse), and apparently when they got a real citation, still didn't feel they needed to educate themselves on the law. "Oh, we didn't know. Now waive the law for us" apparently is what they thought was going to happen? They probably would have impressed more if they came and said "we got the citation, hired a lawyer, have been advised on the process, and already contacted the civic board and asked for hearing with the licensing board."
Also: if you're opening a business, you should consult with a lawyer and tax accountant to form the company, etc. Had they done so, I'm sure the lawyer would have said "and you need a license from the city."
Which costs more? A lawyer, or being shut down for several weeks? Hmmmmm.
So official stupidity is okay by you?
Boston needs to grow up and join the 20th century - "you should just know" and "you need to pay a lawyer" is somehow okay by you when SHE ASKED THE GODDAMN CITY WHAT SHE NEEDED TO DO?
Enough with the medieval fifedom shit already.
meh
Your point is valid (the city should be giving correct info, no disagreement there) but it would also be relevant...if the city inspector showed up and issued a citation immediately and the board shut them down.
Which is not what happened.
Their "but the city told us..." excuse was valid until they were given a warning. They did nothing - and then they got a citation much later. And then they still did nothing, except to show up and give excuses.
Any responsible business owner would have reacted better to the warning. This woman wanted a get-out-of-the-process-free card.
Don't you think
That the city REALLY needs to get its act together? It already takes years to get the permits and inspections to open a place of business because the City of Boston can't coordinate departments. I get the impression that the point of this incompetence is deliberate: making it confusing is a way to maximize payoffs and hiring of friends.
What I left out from the post, but will add
It's not like this is the restaurant's first interaction with officialdom. A police detective actually visited the place twice, first in February and again in March. The first time, he told her she needed a license. When he returned a month later, he issued a citation.
What I don't get is why ISD seems to be telling people they don't need a common victualer's license. It's not like this is a new requirement - it goes back decades.
New guy on the beat?
Could you find out? Maybe they have a new inspector that wasn't properly trained.
I think
.. they have an _every_ inspector who isn't properly trained. After very recently being on the receiving end of ISD incompetence, I totally empathize with the afflicted here. Though my compassion ends where their willful ignorance (post citation) begins.
Really?
I get it - the rules are the rules - but a simple CV license is obtained through a very quick application process where one need only demonstrate public need. I am guessing that nobody is ever denied a simple food service CV License (We are not talking about a liquor license here). In this economic climate, it is tough enough to survive as a small business - never mind surviving after making an investment to only be shut down for a meaningless infraction. The City absolutely needs to be a bit more flexible on this type of enforcement. Perhaps instituting a grace period for business owners to come into compliance might work. Sure, there will be the blatant scofflaws who ignore the rules and should be shut down. But then there are the rest of the poor slobs who just don't understand the process - and of course ISD is no help. As for the new Chairwoman - she needs to lighten up and get a clue. Criminal charges? I bet she can't name one person who has ever been found guilty or faced criminal prosecution for not having a CV.
Neighborhood associations
I don't know if it's a legal requirement or not, but the board doesn't take action on any license - liquor or just CV - unless it hears from the neighborhood association. It doesn't always go along with whatever the association votes (if it did, Harvard Avenue would be a ghost town at 12:30 a.m.), but it will defer votes - or take conditional votes - without that neighborhood meeting.
Gee, let's punish people creating business
How about having a direct, easy to follow flow chart for opening a food business? One with simple yes/no questions. Question one, are you serving alcohol? No? Go to step three...
It seems as though the only way to not get punished here is to break the law. "Oh, you had a bad childhood? Here's a get out of jail free card, and a free pass for a carjacking to get home ok.".