PITTSFIELD — El Habanero Mexican Grill received a warning from the city’s Licensing Board after the business allegedly served alcohol to an underage customer, according to police.
“If there is another issue like this, whether it be serving a person under the influence or a minor, I would be inclined to suspend your license for a period of time – provided it can be proven, obviously” , said board Chairman Thomas Campoli, who noted this was the first time the restaurant had appeared before the board for disciplinary reasons.
The Mexican restaurant at 685 Merrill Road was the subject of a show cause hearing Monday requested by the Pittsfield Police Department in connection with a December incident in which an 18-year-old was served… alcohol in the establishment.
Capt. Matthew Hill detailed a Dec. 24 incident that sent responding officers to El Habanero after receiving a tip that a person they were looking for was in the restaurant. The person in question, an 18-year-old man, had been involved in another incident two hours earlier, Hill said.
When officers arrived, they found the individual they were looking for and took him outside, where he was “unsteady, had glassy/bloodshot eyes and a strong odor of alcohol coming from his breath.” according to the justification. request. The individual reportedly said he had “four or five” drinks at the restaurant.
Officers also observed other patrons they believed to be minors drinking at the bar with them, according to the show cause request, including at least five people who followed them out of the bar and recorded the incident with their phone.
Officers did not check the identities of these customers, instead focusing on stopping and arresting the person they were looking for.
Campoli also cited a photo posted on Instagram, provided by police, showing the same teen drinking a beer at the restaurant in November.
Armando Chaires, manager of El Habanero, apologized and said he had stepped up the restaurant’s measures to ensure this doesn’t happen again.
Chaires said the restaurant has two security guards working at all times: one to check the identities of potential customers and one to check for weapons. Chaires said he didn’t know how the 18-year-old was able to get served and said he may have used a fake ID.
Responding officers clarified that the teen in question did not have a fake ID when they arrested him.
Chaires explained that the restaurant has a wristband system for its customers, giving red wristbands to those under 21 and green wristbands to those of drinking age to distinguish the two groups among customers. The bar currently allows people between the ages of 18 and 21 to visit for weekend entertainment.
Board members suggested that Chaires abandon the wristband system and simply limit entry to those 21 or older during the weekend, including member Dennis Powell, who said the system seemed ineffective. Members highlighted several ways to circumvent the bracelet system.
“It would probably be better not to mix the two,” Powell said, referring to underage and legal customers. “You’re just making trouble for yourself.”
The board ultimately decided to place the hearing on record without taking action, but warned Chaires that it needed to make changes. Chaires said the restaurant has stepped up its ID verification measures since the incidents.
Campoli pointed out to Chaires that it is his job as manager to ensure that no minor is served and that no already intoxicated person is over-served.
“What we got here is these two bad things appear to have happened,” Campoli said. “And we cannot tolerate this. This board cannot tolerate this.
Campoli also noted that the restaurant is not a “walk-in” business, given its location in Shops at Unkamet Brook, which is most accessible by car. That made allegations of serving underage customers more serious, he said.
“It’s a very bad combination,” Campoli said. “Young people drink, get drunk, drive – bad scene.”
