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This article was published 16 year(s) and 3 month(s) ago

Blue Note Lounge sues Lynn over ruling by License Board

dliscio

August 27, 2009 by dliscio

LYNN – The owner of the Blue Note Lounge is suing the city, alleging the License Commission wrongfully ordered sanctions against the bar and nightclub.The Salem Superior Court complaint hinges on whether the city posted an incorrect date or otherwise failed to give proper notice of an administrative hearing that led to the temporary shutdown of the 111-113 Sagamore St. establishment.The Blue Note on Monday, Aug. 24 began a seven-day shutdown after its liquor license was suspended by the board. The establishment was also subject to a 30-day rollback of its hours of operation and loss of its common victualer’s and entertainment licenses.The lawsuit, filed Aug. 24, claims that Blue Note Lounge owner Kastriot, Inc., and manager Rafael Subero were notified by the city in a letter dated Aug. 4 that a hearing would be held on Aug. 18.The License Commission’s original master meeting list indicated the board would hold hearings on Aug. 25 but the date was later amended.Subero attended the Aug. 18 meeting at which the License Commission voted to suspend the Blue Note’s liquor license and other permits and rolled back the closing time. Since then, through Lynn attorney John Mihos, the Blue Note has attempted to show that the city did not provide proper notification and therefore the establishment should not be subject to the board’s rulings.According to the Aug. 4 letter sent by the License Commission to Subero, the hearing was scheduled to address police reports related to July incidents involving assault and battery with a dangerous weapon, disorderly conduct, liquor violations, three counts of failure to summons police, three counts of failure to summons medical aide, failure to register a promoter, lack of management and control, and a prior history of offenses.

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