Asian Invasion

Formosa reopening at Amherst Chinese location 62 Main Street

Three new Asian restaurants will be opening (or reopening) by the first of the year helping to maintain Amherst's downtown reputation as a destination spot for fine cuisine.

Last night the Select Board approved an all alcohol license for a Steam Seafood Japanese Restaurant opening in the former location of All Things Local.

The Select Board grilled attorney Tom Reidy over two liquor law violations the company had at their Longmeadow location three years ago but ended up unanimously supporting issuing the $3,500 license.

Attorney Tom Reidy being grilled (or steamed) by Amherst Select Board

Of course it would have looked a little odd if they rejected the petitioner over that since they cut such slack to Panda East over the past year.  

 Ichiban is Japanese for "number one"

Property owner Barry Roberts told the board an industrial strength dehumidifier is being installed in the 3,750 square foot location to handle the steam given off by the electrical steam pots that will be used at every table.

A short while later the Select Board unanimously approved a Common Victualler licene for LiLi's Chinese Restaurant opening in the former location of Baku's African Restaurant at 197 North Pleasant Street.

 Baku's closed last month after 11 years in operation

No Scorpion Bowls For You!

Scorpion Bowls at the ready back in October on a Thursday night

While Panda East had no problem getting unanimous Select Board approval for a liquor license transfer from an absentee manager -- now replaced -- Panda did volunteer to give up serving their highly profitable Scorpion Bowls, which is kind of like McDonald's giving up serving french fries.

But like most things that offer high profit returns there was a downside: Like the temptation to serve college aged youth not yet of legal age to be consuming alcohol.

Back in January Panda East was busted for serving 17 underage individuals, many of whom did not even have a fake I.D. The Amherst Select Board voted unanimously to suspend their liquor license for two days and placed another 5 day suspension on hold for two years.

Well they did not have to wait long as they were again accused by APD of serving two underage patrons in late April, one of whom (a 17-year-old female) had to be transported by AFD to the hospital for alcohol overdose.

The Select Board discussed revoking their liquor license outright but settled on a 55-day suspension from May 4th to June 27 and required they straighten out the manager of record for a liquor license situation by that end date.

Scarlet Letter:  Posted on window last month

Attorney Kristi Bodin told the Select Board on Monday that going dry for the past two months during a tough time to do business in Amherst anyway, was actually a good thing.

Panda came to realize you don't need to rely on alcohol service to stay alive, as long as long as you have good quality food.

I'll eat to that!

Taking Responsibility

Panda East will remain open but cannot serve alcohol 5/4 through 6/27

Panda East restaurant will NOT appeal the decision of the Amherst Select Board who, acting as the town's Liquor Commissioners, voted unanimously to suspend their all alcohol permit from May 4th through June 27 for the second offense this year of serving alcohol to underage patrons.  

   Panda Garden East Liquor Suspension

According to Panda East's attorney Kristi Bodin, "The decision (not to appeal) is based on consideration of what is best for the business and what is best for the community."

Final Chance

Court is in session:  Select Board, Temporary Town Manger, Town attorney

Acting as Liquor Commissioners the Amherst Select Board last night had to balance two sometimes competing interests:  the ability of a small business to survive in an ever increasing competitive market and the protection of public safety i.e. keeping underage patrons from procuring alcohol.

Obviously the latter takes precedence.

After an hour of testimony, including that of Police Chief Scott Livingstone and Detective Brian Daley, and then another painstaking hour of discussion, they unanimously voted to suspend the liquor license of Panda East for a total of 55 days, May 4th through June 27.

Fifty days for the two new incidents and 5 days that were given in "abeyance" for the original incident in January.

 Detective Brian Daley and Chief Livingstone give sworn testimony to Select Board

Thus the Select Board softened the blow somewhat by allowing the suspension to run out during the late spring into summer, a slower time of year in our little college town.  Although they will be dry during busy commencement weekend.

At one point the specter of outright revocation was raised, and then another suggestion by Doug Slaughter of seven full months (June 1st to the end of the year) was briefly discussed.

Even after the number of days under discussion for suspension came down to a month or two, Mr. Slaughter suggested the start of the penalty be September 1st rather than the slow summer months.

Attorney Kristi Bodin attacked the most egregious incident where a 17-year-old female was allegedly served two Scorpion Bowls and required hospitalization for alcohol OD by stating all the evidence was hearsay and they were being denied the basic right to cross examine witnesses.

Ms. Bodin also pointed out after the January incident where Panda East was sanctioned for serving 17 underage patrons the recipe for Scorpion Bowls was reduced to one shot of alcohol.  And it's hard to imagine two shots could put someone into a stupor requiring hospitalization.

 Attorney Kristi Bodin, Amy Wu manager Panda East

The young women did tell investigators she went to a UMass dorm room after being at Panda East so it's quite possible -- in fact likely -- more alcohol was then consumed, pushing her over the edge.  

But the second incident where a 20-year-old used a fake Rhode Island license to successfully acquire alcohol was pretty much beyond reproach and even acknowledged by Attorney Bodin that her client "dropped the ball."

Although interestingly the night of the second incident APD was doing a sting operation using four 20-year-old UMPD cadets and all four were denied service after being carded.

In her closing argument, like any good defense attorney who is cornered, Attorney Bodin threw herself on the mercy of the "court" saying her client desperately wants to stay in business.

After the last incident in January she has been trying to change the image of the business back to a restaurant rather than a drinking establishment.

And after these most recent incidents Ms. Wu purchased a $5,000 electronic scanning machine to detect fake I.D.s  Although Temporary Town Manger Peter Hechenbleikner pointed out you still need to use commons sense since a real license can be used by the wrong party.

In addition to pulling their liquor license for 55 days the Select Board also gave Ms. Wu until that June 27 end date to have the liquor license transferred over to her name from that of current absentee owner Isaac Chow.

The Select Board also told the Town Manager to come up with a 11" by 17" sign to be prominently posted in the front entry of the eatery displaying the dates their liquor license is suspended. 

So does the punishment fit the crime?  Well, yes and no.

Since the Select Board let them off easy for the first incident back in January by only immediately pulling the license for two days -- a Monday and Tuesday no less -- this 55 day sanction seems rather stern.

But I have to wonder if one of the downtown bars involved with the infamous Blarney Blowout were involved rather than an iconic restaurant would the punishment have been a tad more severe?

Either way, it's getting harder and harder for small businesses to survive in the downtown.

And after the slew of publicity this incident has now generated combined with the real threat of revocation for another incident -- with APD on the watch -- I think Panda East has, finally, learned a hard lesson.

"The quality of mercy is not strain'd ..."

Strike Two!

Panda East, in the heart of downtown

For the second time this year Panda East Restaurant will be hauled before the Amherst Select Board acting as Liquor Commissioners on Thursday evening, for the serious charge of serving underage patrons.

Made even more serious since this is the 2nd offense in only three months and the underage minor was only 17 years old!

Click to enlarge/read

Back in January the Select Board voted unanimously to suspend their liquor license for two days -- January 25 and January 26 -- for the 17 counts of serving minors brought by Amherst Police.

But they also gave them an additional 5 days worth of license suspensions if the infraction should happen again within two years.

Apparently, it did.

Quite The Party

Panda East:  Restaurant with a $3,500 "all alcohol on premises liquor license" (now endangered)

Scroll down for update

I would imagine you could forgive a busy establishment in a college town missing a single patron in a large crowd of "college aged youth" whereby a determined 20-year-old with a fake I.D. manages to acquire alcohol.

   Underaged Drinking Panda East

But you really have to wonder about that establishment when they miss 17 patrons who were all underage with many of them with not even so much as a fake I.D.  

Yes, I said seventeen.  And the alcohol they acquired was one of the more expensive drinks offered on the menu:  Scorpion bowls.

Scorpion Bowls at the ready back in October on a Thursday night

The Amherst Select Board, acting as the town's Liquor Commissioners, at the request of Amherst Police Chief Scott Livingstone will hold a Hearing tonight to decide how to deal with this egregious violation.

UPDATE:  7:45 PM

Select Board votes unanimously to suspend liquor license for two days -- January 25 and January 26 -- for the 17 counts of underage drinking violation.

Also placed another 5 days worth of suspensions on hold for two years as a form of probation, or what District Court calls a "continuation without a finding."  As long as there are no other violations the 5 day suspension is terminated after the two years are up.