The owner of the newly opened Bon Tempi were before the License Board this week after an incident occurred outside the bar.

PITTSFIELD, Mass. — The Licensing Board feels the owners of Bei Tempi responded properly to an early October melee outside of the bar.

A show-cause hearing for the newly re-opened establishment's annual all-alcohol seven-day license was held on Monday. This came after police observed a 15 to 20-person incident outside the bar on Oct. 5.

"I thought we'd see you again but not so soon. The issue for me is I believe that you inherited a problematic location," board member Jon Lifvergren said, referencing the establishment's past as the Crossroads Cafe.

Owner Elizabeth Zucco said this is a completely different establishment than Zucco's Family Restaurant.  

"I've held my license, as we know, for 22 years at Zucco's but it is a very different business. I approach this license with a different perspective," she said, adding that she plans to staff accordingly and stay ahead of any future problems.

According to police, around 12:30 a.m. on that Saturday, multiple patrol units responded to a report of a disturbance outside Bei Tempi at 195 Onota St.

"Dispatch received two separate calls from neighbors regarding this disturbance. No calls were ever received from anyone employed by or responsible for Bei Tempi. Upon arrival, officers found approximately 30 individuals outside. The parties at the center of the disturbance had been separated. The incident originally started within the bar," Capt. Matthew Hill said.

"Officers could not identify anyone outside to be an employee of the establishment and did not observe any bouncers or security. There are also concerns that one of the parties involved in the disturbance had been over-served inside the bar ...

"Based on that information is why I requested the show-cause hearing before the board. The main concern would be the serving alcohol to intoxicated persons and not reporting any disturbance initially to the Police Department."

He pointed out that this is the establishment's first time before the board and the owners have trespassed the offenders.

Zucco said that evening was a "fabulous night" with a DJ that usually brings a younger crowd. Two women began disputing in the restroom before the issue moved outside.

"He was saying about 30 people out front. That was pretty much our full attendance because once the argument happened, everyone dispersed to the front of the building," she said.

She rebutted the police's claim that there was no security that night, explaining that there were five people on that night including two door people. The women were asked to leave separately

"Anytime there's music or entertainment, there's two door people because one person just won't be able to A) make a phone call, B) maintain the issue. So we always have the two on," Zucco said.

"Even that night, it seemed to be plenty of staff and I think we did everything to our ability that we best could for that situation."

She said the individuals involved were served two rounds of drinks in the four hours they were there, adding that it was anger fueling the fight rather than intoxication.

"She was far from intoxicated. She was upset and angry and apologetic," she said.

"And then when they left the building, it was a good half an hour after the dispute had happened, my husband was at the door when they left making sure, and then the other girls pulled up, jumped out of their car, and literally attacked them and it was like a violent aftermath of what had happened."

Zucco said police arrived before she could call and a handful of staff members including her husband went outside to speak with officers. She said the police identified this as an issue with the two women and not alcohol, adding " I don't want that kind of behavior, people acting out aggressively."

During the argument, there were a few nips and small bottles of alcohol that were picked up off the ground. The owners assumed these belonged to people involved in the fight.

Richard Zucco explained that the girls "jumped on each other" across the street and diagonal from the bar.

"There was just a melee, three-four girls just jumping on each other and ripping their hair and stuff flying out," he said.

"So we calmed them down, pushed them apart, I picked the stuff up, and that's when we heard the cops coming."

He reported speaking to all of the police that night, signing no-trespassing papers, and being told that they would not have to go before the board. Hill explained that he depends on the information given to him by officers — and sometimes body cams.

Board member Kevin Sherman felt the owners did everything they were supposed to do, recognizing it is a challenging environment.

"I think making that phone call is always important. It sounds like you tried to but it was so quick so just keeping that in mind and if you feel it's gonna escalate, it can't hurt to make the phone call," he said.

"I don't see where the over-serving was really — I think it felt like more of an opinion than an actual statement."

Lifvergren said the incident didn't surprise him "given the history of that location" and thinks it will be a work in progress for a period of time.  

Board member Kathy Amuso, who has served for a handful of years, offered a glimmer of hope for the restaurant owners.

"We haven't had a lot of problems with that location and now you might want to say, 'Oh, it's a bad location,' but we haven't had any issues," she said.

"So I think it's each manager and owner taking care of their own and you have to be vigilant."

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