Methuselah Bar and Lounge is asking for a dismissal of allegations of overserving, saying no evidence has been provided by the police.

PITTSFIELD, Mass. — The Licensing Board has further continued two show-cause hearings for alleged improper alcohol service. 

The hearings for Bei Tempi on Onota Street and Methuselah Bar and Lounge on North Street were pushed to September. 

Bei Tempi is alleged to have served an 18-year-old who then returned home and became combative, resulting in an arrest. Methuselah was sent to the board for alleged over-serving in mid-June, on the night police responded to disturbances outside and made some arrests. 

The hearing for Bei Tempi was continued in July, and was continued again due to an "unavoidable medical issue" with one of the involved parties. 

Methuselah's hearing was continued because of a lack of substantial video recordings. The Pittsfield Police Department said it is restricted by the public records law, and lounge owner Yuki Cohen would like to see body camera footage from the second incident before she provides her surveillance videos.  

"It would be nice for us to understand what the issue was. In other words, we got that one little snippet [of video], and it shows what it shows, and we don't get anything else, and then we hear that the Pittsfield Police Department, everybody in the Pittsfield Police Department, descends on Methuselah," Chair Thomas Campoli said at last week's meeting.

At the beginning of the meeting, Cohen expressed that she would like a dismissal. 

"There was no overcapacity. Our capacity limit is 90. There is no proof of over service," she said. 

"The general laws and the [Code of Massachusetts Regulations] state that over-serving is at the time of service, when we hand you a drink are they looking intoxicated, and there was none of that that evening." 

The hearing was continued in June and July for varied reasons. It is based on alleged incidents on June 13 and 14, in the late hours of the night and early hours of the morning. 

On Friday, June 13, around  11:17 p.m., police observed a physical altercation in front of the 391 North St. bar, and multiple units responded. An arrest was made, and the commander of the evening shift spoke with bar security and took a headcount before leaving. The capacity was said to be around 60 people inside and another 15 outside. 

Police said they observed "clearly intoxicated" individuals who had been inside the bar before the disturbance. 

"The strength on that one alone, in bringing this before the board, was due to the actions, observations, and interactions of [Lt. Marc Maddalena] and the call for service that we had responding there required numerous units," Capt. Matthew Hill said. 

Not long after the midnight shift began, officers were called back to the bar for a "large disturbance" outside. Sgt. David Carusotto said there was an arrest made "where one gentleman was so intoxicated, I think there was issues that started either inside the bar or right outside the bar, so we were trying to find him a ride home, and then an assault happened." 

Police ordered the bar to close for the night. 

The department's records keeper compiled the body camera footage that was able to be provided.  It was basically Maddalena speaking to Methuselah staff during the earlier response, board members said. The video was not shown at the meeting. 

Hill admitted, "I have to be honest, I'm also having difficulties accessing that video myself right now to view and see what relevance it has." 

"It's just frustrating, honestly, that we can't get that stuff. That's why we're here, so we can determine were people being over-served," Campoli said. 

"I know it's not your fault, but I mean, I just don't know what else to say about it." 

Last year, the board issued a weeklong liquor license suspension to Methuselah for alleged over-serving that preceded a stabbing. 

In 2021, the bar was slapped with a 30-day liquor license suspension after being cited for COVID-19 violations after video footage of the owner dancing maskless atop her bar — along with other violations — surfaced. The establishment also faced a two-day suspension that same year and a five-day suspension in 2018.

Methuselah staff members challenged the claim of over-service and said nip bottles are sometimes found in the bathroom garbage, and that patrons could have taken other mind-altering substances. 

"I was one of the bartenders that evening, and I do not remember or believe that there's any point of over-service that evening. I am TIPS certified, and I look for signs of slurred speech and possible stumbling. And so I don't believe there's any point of over-service that evening," Josh Williams said. 

"… the point of service is the one point when it comes to TIPs certification that we're looking at, so if there was someone that was intoxicated over there, I did not serve them again." 

Cohen said she applied for an appeal through the Public Records Law to view the additional body camera footage, and agreed to look into producing her video footage if it can't be accessed. The police will attempt to provide a redacted version of the videos. 

"I think I'm being very stubborn, probably to my own demise, but I would like to see them show proof," she explained. 

"I feel like the burden of proof is on the city, so I feel like I'm innocent until proven otherwise." 

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