Tuesday, January 24, 2012

Should the Planning Board get sued ( again ) if it approves Pasquarelli's Club.

Once again the Planning Board has put itself in a position to return to court for violations, not only of it's own regulations and rules of procedure ( by the way, they have removed these from their by-laws though they are required by law to have them ); but State Statutes also. It is quite evident that several members of this board, including the chairman and land use assistant, haven't a clue as to what is and isn't allowed under the law and how to proceed in issues like this. The simple fact the majority have voted to accept Mr. Pasquarelli's application as complete is unlawful and once again shows just how dysfunctional this board has become under the direction of Margaret Sharra.
The following information was provided to the board at the last hearing and was ignored and the hearings will continue on this matter despite the facts. Even his attorney Silas Little didn't raise any objections to the following, knowing full well that this application for a private club is a farce, but he is after all getting paid to be there by someone.

Read the minutes drafted by Margaret Sharra, then read over these highlights of the State Statutes.

Section 175:1

    175:1 Definitions. – In this title:

XXI. "Club-social'' means a group of individuals, incorporated under the laws of this state and may be affiliated with any national fraternal organization approved by the commission, either of which shall have been in existence for at least one year before the club's application for license. The premises occupied by the club, whether owned or leased shall not have been operated for pecuniary gain for that one-year period. The club shall be for the use of members and their guests and the property and fixtures of the club shall belong to the members. The members shall have the right to vote in club affairs and run for office.

XXIII. "Cocktail lounge'' means a room operated for the purpose of serving liquor and beverages without the benefit of food. A cocktail lounge shall be equipped with a bar area for the display of stock and the preparation and refrigeration of product.

XLVII. "Live entertainment'' means at least one person employed with or without compensation to entertain guests or patrons on the premises of a licensed establishment and shall include, but not be limited to, musicians, disc jockeys, theater companies and other related performers. Mechanical music, automated recordings of any type, videos or films by themselves shall not be considered live entertainment. Audience participants shall not be considered live entertainment.

LIV-a. "Private club'' means an organization incorporated under the laws of this state, whose members are equal shareholders, whose assets belong to the members equally, and whose members have an equal vote in club affairs and a right to run for club offices. The licensed area of a private club shall be operated solely for the use of members and their accompanied guests, and shall be open for inspection by investigators of the commission and local law enforcement officials whenever operating.

178:22 On-Premises Cocktail Lounge Licenses. –

(2) 3A. (A) "Private group'' means an assembly of persons gathered for a designated social or business occasion, present by invitation or reservation and shall in no way be construed to mean the general public.

    (h) Veterans' Clubs, Private Clubs, and Social Clubs.

          (1) The commission may issue cocktail lounge licenses to private clubs. Each licensee shall make a sworn report to the commission for each month on or before the fifteenth of the following month, in such form as the commission may require, showing the income from liquor and beverages sold and the expenses properly chargeable to the business for the month.

(4) Clubs may allow private groups to bring in or sell their own liquor and beverages in approved rental facilities provided there is a complete separation between the club area and the rental area.

(7) No licensee corporation shall permit a person, either elected or appointed, to hold multiple corporate offices or permit an officer to hold the position of director.

(9) All clubs shall annually provide written documentation to the commission which shall include:
(B) Minutes of all membership meetings, meetings held by officers and directors, and any special meetings;
(C) Copies of all contracts entered into between the licensee corporation and any director, officer, or manager of the licensee corporation, as well as any provider of services to the club.

(10) For the purposes of subparagraph (h):
             (A) "Minutes'' means detailed written memoranda of a transaction, proceedings, or club operations.
(11) No director, officer, or employee of a licensee corporation shall engage in any undertaking that shall place the personal interests of a person ahead of the interests of the membership of the club.

The commission may issue a cocktail lounge license to any nonprofit performing arts facility which seats more than 50 persons. The commission shall determine by rule whether a facility is a nonprofit performing arts facility.

Section 354-A:2
    354-A:2 Definitions. – In this chapter:

VI. "Employee'' does not include any individual employed by a parent, spouse or child, or any individual in the domestic service of any person.
VII. "Employer'' does not include any employer with fewer than 6 persons in its employ, an exclusively social club if such club, is not organized for private profit, as evidenced by declarations filed with the Internal Revenue Service or for those not recognized by the Internal Revenue Service, those organizations recognized by the New Hampshire secretary of state.
XIV. "Public accommodation'' shall not include any institution or club which is in its nature distinctly private.


Anonymous said...

How come your not mentioning that Moser wants to see this club?

Anonymous said...

Who said Moser wanted to see this club, you? No one wants to see this club except Pasquirrelli and his drinking buddies.

Anonymous said...

Moser confirmed that rumors of plans by Pasquarelli to provide adult entertainment have circulated for about a year, but adult entertainment is not allowed in Winchester.

“I can’t speak for everyone on the board. For myself, if he plays by the rules he’ll get it,” Moser said.

Anonymous said...

When the hell is this town going to get rid of Maggie? We are bitching about the school budget but she costs the town just as much money. Enough said get rid of her. While you are at it get rid of Gus, too.

If it's true that Beaman's are backing the squirrel then they should go too.

numerous police calls for misconduct said...

So what do you have against Brain Moser? He simply stated that if Pasqarelli played by the rules he would be "obligated" to vote in favor as he would have no other choice other than to abstain. But there's no worries here, Pasqarelli never plays by the rules as his past conduct clearly shows, so Brain won't be put in that position.

Westport resident said...

I'd be more worried about Beaman, who through my observations at several past meetings hasn't a clue on how to conduct a meeting and should never have been voted as chairman and Sharra who's obvious influence over him and that big fellow Doherty(?) is so apparent it's almost funny to watch. She continues to rule that roost despite having no official title other than self appointed secretary and Land Use Assistant. Your Gus Ruth is hardly impartial on anything involving people he knows or what Sharra wants and is also a big problem on the board for his inability to tell the truth. Someday the citizens of Winchester will wake up and vote for some people with a conscience and common sense who'll hand down fair and just and legal decisions, not like the ones this group has come to. They are an abomination and have cost your town thousands in legal fees with many more dollars to come. How many lawsuits are in the works now against this group?

Anonymous said...

So if this board knows he's been planning on having adult entertainment despite not being legally able to, why then are they even bothering having a hearing? Just tell him no based on his big mouth and leave it at that.

Dirty town said...

Why isn't there any articles about ZBA member, Bill McGrath, trying to build a 5 unit apartment complex on Lake Shore Drive? He is before his own board right now and they have postponed closing the public hearing after four hours of testimony.

This hearing screams, "Margaret, if I scratch your back, will you scratch mine?" The answer is - Hell Yeah!

Anonymous said...

Because that information has been hidden from everyone by Margaret Sharra and town administrator Joan Morel. There have been no public meeting minutes for the ZBA put up on the town's website since September of last year. The ZBA has met to discuss this variance proposal on 1/5, again on 1/19 and will meet again tomorrow night 1/26 and yet there has been no public notice or reports filed. Why?

Anonymous said...

hmmm ive seen the notices at the post office and Kulicks

mail gets delivered said...

Many of us do not go to the Post Office or shop at Kulicks market.

Anonymous said...

The state won't screw around. He'll never get a liquor license. No one will go to his "club" if there's no booze. Mags may be able to skirt local law, but she can't override state law.

Anonymous said...

Has any one heard that John pasquarelli was once again nailed for DWI. I heard someone say they heard it on the scanner a couple of weeks ago.