Lynn license board shuts down bar, liquor store

LYNN – The city’s License Commission meted out punishment to two establishments Tuesday n a bar where heroin was sold and a package store caught in a police sting selling alcohol to a minor.Raffi’s Place, a bar at 408 Summer St., received a 14-day suspension after police described a heroin deal that went down inside the establishment’s disc jockey booth at 2 p.m last Oct. 16.D & M Variety Market, 99 Commercial St., got slammed with a 45-day shutdown following an undercover operation using a high school student who was able to purchase alcohol without showing identification.Both hearings before the three-member commission brought colorful testimony and conflicting stories. In the Raffi’s case, Police Lt. Daniel Fee and Sgt. Rick Carrow testified the suspect entered the bar and, while in contact with an undercover officer posing as a buyer, agreed to sell three “twists” of heroin for $100.According to Fee, the money was placed beneath a computer keyboard in the disc jockey booth at the rear of the building, and the heroin handed over in a paper towel. When police converged through the front and rear doors, the suspect fled to a bathroom in the basement.Fee said the suspect tossed additional packets of heroin in the toilet bowl and hid his cell phone behind the toilet tank. Police found the suspect’s fur-collared jacket on a bar stool.Rafael “Raffi” Guzman, the business owner, told the commissioners he often leaves the front and side doors unlocked, adding that the suspect apparently entered the bar to sell his narcotics in a public place, as drug dealers often do.Fee and Carrow suggested the suspect was familiar with the premises since he felt comfortable enough to enter the disc jockey booth. Attorney Samuel Vitali contended the opposite, arguing that the suspect became trapped in the cellar because he was unfamiliar with the building layout. “He was cornered like a rat,” the attorney said.Vitali also reiterated that drug dealers tend to conduct business in public places, including bars and restaurants, as a security strategy. Nothing in the record shows that the suspect operated a drug-selling operation from Raffi’s Place, he said.”I don’t want to lose my place because some crazy guy came in and sold something,” Raffi told the board. “This guy is a criminal The police already caught him.”Raffi, who has lived in Lynn for 23 years, opened the Summer Street establishment 12 years ago. It has been a source of neighborhood complaints and previous police action. Ward 6 Councilor Peter Capano also spoke at the hearing, telling commissioners that area residents fear that Raffi’s attracts gun play and drug dealing. “I think Raffi is a good guy. But I don’t think this type of establishment is in a great spot,” he said, citing neighborhood complaints of gunfire and drug activity. Capano said two neighborhood women were too afraid to attend the hearing.Police reports indicated the suspect pushed the barmaid as he attempted to flee. No evidence was presented that the barmaid witnessed the drug sale.Although Raffi’s has a video surveillance system, it was not working properly on Oct. 16. As required by law, Guzman in late 2008 had notified the commission that it was not functioning and that he lacked funds to repair it.Commission Chairman Richard Coppinger acknowledged that no evidence links Guzman to the crime. “If we thought you were involved in this, you would be under arrest,” he said.Coppinger said bar owners must be in control of their establishments at all times, adding that Guzman was not. As a result, the board voted unanimously to find him in violation of that ordinance and suspend his liquor license for 14 days.The case against D&M Variety stemmed from Oct. 27 when an underage high school boy purchased a six-pack of Mike’s Pink Hard Lemonade.According to Carrow and Patrolman Richard Fucci, the boy was given a $20 bill and instructed to enter the store and attempt to buy alcohol. Fucci said the boy returned within minutes carrying