Lynn’s suspension of Raffi’s nixed

LYNN – The state Alcoholic Beverages Control Commission has overturned a ruling by the Lynn License Commission that suspended the operating license of the Raffi’s Place nightclub for 21 days.The favorable news for Raffi’s owner Rafael Guzman arrived only days after the ABCC upheld a different 14-day suspension by the local licensing board against the 408-410 Summer St. establishment.Tuesday’s hearing was continued because the more recent of the two ABCC rulings was handed down earlier than anticipated by Raffi’s lawyer Samuel Vitali and License Commission attorney Vincent Phelan.Vitali and Phelan had discussed a possible disposition prior to the state ruling.License Commission Chairman Richard Coppinger said the matter is far from over and that Guzman must still answer to 42 counts of serving liquor not purchased from a certified vendor and other charges.According to Vitali, the ABCC will likely toss out the other allegations for lack of evidence or simply because they are not accommodated by state law. He emphasized that some of the illegalities alleged by the license commission and Lynn police occurred after closing time in Raffi’s parking lot, which is not part of the premises and therefore cannot impact the license. The ABCC, too, pointed out in its ruling that the parking lot is not part of the premises.Lynn police found spent bullet casings in Raffi’s parking lot after responding to a report of gunshots. Officer Richard Fucci also arrested a man who claimed he worked as Raffi’s disc jockey after seeing him in a parked car, dividing an ounce of pot into smaller plastic bags. Guzman denied the man was his employee and no proof was offered otherwise, the ABCC determined.Raffi’s was the scene of another incident that involved assault and battery with a dangerous weapon on the same evening last winter. Police found a Spanish-speaking man bleeding at the corner of Witt and Summer streets. The victim said he had been struck over the head with a beer bottle by a man known as “Rebulu” while in Raffi’s Place.Coppinger said the bar staff failed to summon police and medical assistance, as required by law, and lacked management and control of the establishment. However, the ABCC decision seemed to suggest that Raffi’s staff cooperated with the investigations. Besides, said Vitali, Raffi’s does not serve drinks in bottles, so any bottle used as a weapon on a nearby street did not come from his client’s bar.The hearing on Raffi’s was continued until April.The License Commission also held a public hearing Tuesday for Cafe Tropicana, 49 Lynnway,where police responded to quell a fight involving over 30 people in the nearby Auto Zone parking lot.According to Vitali, club owner Gabriel Rivera should not be held responsible for a fight that occurred off his property.Coppinger said the brawl caused injury to participants, two of whom were stabbed, and a police officer who was sprayed with a repellent. He also noted that the owner of Cafe Tropicana may face serious charges stemming from presently unfounded allegations that the business has a silent partner.Although the documents were not made public, attorney Jonathan Sachariah, claiming to represent the silent partner, presented the License Commission with copies of a restraining order from Lynn District Court that was taken out in his client’s behalf. Sachariah said his client will seek a Superior Court injunction hearing aimed at showing an investment of $40,000 was made in the business, but that his client’s name was not included on the license. The attorney said his client hopes to “attach” the club’s license.”These are very serious charges,” Coppinger said.The hearing for Cafe Tropicana, which also includes allegations of remaining open after the citywide closing time, was continued to April.The commission also issued written warnings about closing-time violations against Something Irresistible at 125 Oxford St.; Tony’s Pub, 196 Franklin St.; and Max’s Pub, 47 Central St.David Perez, the