Saugus Selectmen revoke Tabu’s license

SAUGUS – After two separate show cause hearings Tuesday night, the Selectmen voted to roll back the hours on Tabu Ultra Lounge and Nightclub’s liquor license to 12:30 p.m. and then took a second vote to revoke the license altogether, along with the entertainment license.Tabu attorney Frank Russell said he not only planned to appeal the revocations but would also layout in court alleged behind-the-scenes machinations and ethical violations that precipitated what he called a predisposed vote of the board.Tabu closed its doors last month and, according to Russell, was out of business for good. Tuesday, he also gave the board a signed purchase and sale agreement indicating the club had been sold to a restaurant operator – a sale that is now likely in jeopardy.Selectman Scott Crabtree said he was pleased to see the club was being sold, but board members agreed the hearings should go on as planned.The first hearing dealt with an incident that started inside Tabu, allegedly spilled into the parking lot and ended two miles down Route 1 with gun shots at Mobile on the Run.Police officers testified that inside Tabu, just prior to closing time, a man grabbed a woman by the arm as she was headed to the ladies room. Another man stepped in and an argument broke out, but security put an end to the disturbance.According to surveillance video, the man who grabbed the woman left the club at 1:42 a.m. and the victim left the club some six minutes later at 1:48 a.m.Police testified that words and hand gestures were exchanged in the parking lot, although they couldn’t clearly discern what was said or gestured.Fifteen minutes later, across the highway and two miles down the road, the same group of people along with nine or 10 more were involved in a fight at Mobile on the Run.Russell argued that club security settled the issue and since no one knows what was said in the parking lot, there is no proof that the argument was ongoing.”What is it you claim that Tabu should have done to prevent something from happening across the road, two miles down and 15 minutes later?” he asked adding, “It doesn’t follow that this benign incident put anyone on notice of what would happen down the road.”The town’s attorney, Ira Zaleznik, argued the evidence was more than sufficient to prove there had been violations to state law as well as liquor rules and regulations in that the licensee allowed an illegal action to take place.”The fact is it’s the responsibility of the license holder that when an incident takes place . . . they must do the utmost to make sure the violence doesn’t escalate,” he said.Zaleznik also pointed out that this is hardly the club’s first indiscretion but is instead the last in a long line of violent incidents that have taken place in or around Tabu.The second hearing raised the question of exactly who was operating the club during the four to six weeks it was open in early 2010 – Mezzanotte LLC, which owns the business, or JLMT, which held the liquor license. Further complicating the issue was the fact that Mezzanotte had foreclosed on JLMT and that Carl Amato was manager under both entities.Russell admitted to advising JLMT to operate the club while applying for a license transfer, but said it did so in order to pay off debts. He also said JLMT operated in the open with the knowledge of Zaleznik and the Alcohol Beverage Control Commission.Zaleznik said Mezzanotte was attempting to operate the club under subterfuge. He said while it appeared JLMT was operating the club, in fact Mezzanotte was, which violated the license because the license is in JLMT’s name.Selectman Michael Serino, who made both motions, agreed with Zaleznik. He said he could find no proof in the nearly 2-inches of documents presented that JLMT was in control of the establishment.”In my opinion Mezzanotte was operating in violation,” Serino said.Frank Amato said he was extremely disappointed in the board.”We did what the town wanted, we got rid of the nightclub,” he said. “Fo