Lynn bar shut down for lack of food menu

LYNN – The city License Commission has ordered Hogan’s II closed for 30 days because the drinking establishment has nothing on its food menu.Police detectives went to Hogan’s II at 158 Franklin St. last Oct. 8 to investigate a Lynn man’s complaint that he had been savagely beaten by Hells Angels bikers inside the barroom.Hogan’s II owner Ernest Karydis said no evidence exists to show the alleged assault and battery occurred at his business, during an administrative hearing Tuesday before the three-member License Commission.A Hogan’s II bartender on duty that night told the commissioners she refused to serve a seemingly intoxicated customer who was later described at the hearing as the beating victim, a York Road resident.Sgt. Richard Carrow, head of the Police Department’s Special Investigations Unit, said the victim was badly bloodied and taken to the hospital by ambulance for treatment of a broken nose. The victim told investigators he was jumped by members of the Hells Angels Motorcycle Club.Carrow became incensed Tuesday when the bartender told the commissioners she had no knowledge of what occurred on Oct. 8 relative to an assault. The bartender also claimed that Carrow later entered the bar and said to her, “You know exactly why I’m here, Suzy Q.”License Commissioner Richard Coppinger said Hogan’s II has been the scene of previous altercations, such as an assault and battery involving Hells Angels in July 2009 that led to a seven-day suspension of its liquor license.”This is a very serious public safety hazard,” Coppinger said.But the bar’s lawyer countered that only the alleged events of Oct. 8 are at issue.Edward McManus, a private investigator hired by Karydis, told the board he interviewed the victim, who indicated he was attacked on the street, not inside the bar.Coppinger peppered Karydis and the bartender with questions about the kind of food served at Hogan’s II. The commissioner quickly learned that the bar has no food menu and no food other than items in a vending machine.According to Coppinger, Hogan’s II has a common victualler’s license issued by the city, which requires that food be served. He further explained to Karydis that the establishment’s liquor license hinges on its common victualler’s license.Since Hogan’s II admittedly does not serve food, the License Commission voted unanimously to suspend the establishment’s common victualler’s license for 30 days. Without it, the bar cannot serve alcohol, License Commission Chairman Patricia Barton explained.Coppinger reminded Karydis and the bartender that the state requires food be served where alcohol is consumed to keep patrons from drinking on an empty stomach and becoming intoxicated.Vincent Phelan, attorney for the commission, said a common vitualler’s license is not required for a vending machine offering snacks. However, he opined that such a vending machine most likely does not satisfy the food service requirements set by the state Alcoholic Beverages and Control Commission.The administrative hearing on the alleged assault was continued to January.