Domino’s Fined for Late Hours
|Pizza Shop Stayed Open Later than Legally Authorized
– Allison Goldsberry
Despite having a special permit only allowing Domino’s Pizza on Mystic Avenue to operate until 1AM Sunday through Thursday and until 2AM Friday and Saturday, the pizza shop remained open until 2AM every night until it was fined in March.
Restaurant owner Henry Askew told the City Council, which granted him the special permit last summer, that he sincerely believed those were his hours of operation.
“I’m an idiot…I freely admit I was operating until 2AM this whole year. That’s what I thought my hours were,” said Askew at Tuesday night’s Council meeting.
Askew, who was fined $300, said he made a dumb mistake he did not intend to make again.
Some Councilors did not buy Askew’s argument and said the restaurant owner knew full well what his hours were and he deliberately remained open to “get a leg up” on the competition.
Both Councilors Michael Marks and Robert Penta pointed out that Askew met with the Council and area residents several times last year about the restaurant’s late night hours after the residents complained about traffic and noise from late deliveries.
The restaurant previously had a permit to operate until 4AM on weekends, which the Council did not renew last summer.
The restaurant’s violation was called to the city’s attention by alert neighbors who noticed the business operating well past its 1AM closing time. Both Police Chief Leo Sacco and Code Enforcement Officer John Bavuso investigated, and Chief Sacco witnessed a delivery headed to Tufts last month at 2:40AM.
After some debate and some strong words for Askew, the Council decided to continue Domino’s special permit with its current hours of operation, which is until 1AM Sunday through Thursday and until 2AM Friday and Saturday. The restaurant is under a six month review period and could risk losing its permit if it is found in violation of its hours of operation again.
“It’s important that you as a restaurant owner in the community play by the rules,” said Councilor Marks.
“I don’t want to put the gentleman out of business…but the residential neighborhood comes first,” said Councilor Robert Maiocco.
The city requires any restaurant that wants to remain open past 11PM to obtain a special permit. Several pizza shops near Tufts University currently have permits that allow them to remain open until 3AM.
According to City Solicitor Mark Rumley, closing times are to be adhered to as closely as possible, which means a business open until 1AM must also have its deliveries done by that time.
State-Funded Green Line Position Unlikely
The Council heard back from Community Development Director Lauren DiLorenzo about the possibility of a state-funded position to manage the Green Line Extension to Medford, and it doesn’t look good.
The Council requested the administration look into the position at a meeting in January. According to Council President Stephanie Muccini Burke, DiLorenzo said the state told her it lacks the resources to make the position a reality.
The Council will now turn to Medford’s state delegation to see if they can successfully persuade the state to fund the position. Councilor Fred Dello Russo, Jr., a member of the Green Line Project Advisory group, said he will also look into the creation of the position as part of the state’s mitigation for the project.