City officials say the two latest violations bring the total number of liquor license infractions at Samba to five. The prior three occurred two years ago, and resulted in a 30-day license suspension.
FRAMINGHAM – Southborough Police Chief Kenneth Paulhus knows where he will be on the night of Aug. 17.
At 7 p.m., Paulhus said he will tune in to a virtual public hearing when the Framingham Board of License Commissioners hears evidence on alleged liquor-license violations at Samba Steak & Sushi, at 1138 Worcester Road (Rte. 9).
“I’m shocked he’s still in business,” Paulhus said of Samba’s owner, Shiyun Zhang.
Paulhus is not alone.
Comments posted on Facebook after the Daily News reported earlier this month that Samba was cited by police for two liquor-license violations, included: “You would think by now since they’re always being watched, they would abide by the rules." Another read: “If you can’t do it right then you deserve to be shutdown (sic).”
On June 12, a police check at the restaurant noted customers were served alcoholic drinks by restaurant staff at outdoor tables in the restaurant’s parking lot during the pandemic, according to a letter dated July 15 to Samba officials from city Licensing Coordinator Diane Willoughby.
Samba was not approved for outdoor dining until three days later, on June 15. Zhang was informed of that decision the following day, the letter said.
Two alleged violations are cited in the letter – Samba served food and drink outside a dining room, or other areas, deemed reasonable by local licensing authorities; and no person shall drink alcoholic beverages in a public way to which the public has the right to access.
The board could possibly amend, suspend or revoke the license.
When contacted about the latest alleged violations, Zhang said, "I need to talk to my attorney. I'm not talking to anybody."
City officials say the two latest violations bring the total number of liquor license infractions at Samba to five. The prior three occurred two years ago, and resulted in a 30-day license suspension.
License board Chairman Adam Barnosky declined to comment on the specifics of the latest allegations until he’s heard all of the facts. Fellow board member Stuart Pologe echoed that statement.
When asked if the board would consider shutting down Samba, Pologe replied, “If the charges merit it, I’m willing to take that action.”
30-day suspension
Last summer, the board slapped Samba with a 30-day suspension of its liquor license for three violations in 2018. Sixteen days were served, with 14 held in abeyance for two years.
One of the violations was serving alcohol to a minor who allegedly choked Zhang so violently that he bled from his ear. There was also a stabbing in the restaurant’s parking lot, and the victim described his level of intoxication after being served several drinks at Samba as near "blackout drunk." In that incident, Samba was cited for not having its staff complete training to serve alcohol.
The third violation involved serving alcohol to a minor during a police compliance check.
Paulhus’ history with Zhang is connected to China Gourmet, Zhang’s other restaurant at 1583 Worcester Road in Framingham.
In 2015, two Southborough police cruisers were struck by customers leaving China Gourmet in separate incidents. Both drivers were charged with driving drunk, and the restaurant's liquor license was suspended.
“It was one of the worst cruiser accidents I’ve ever seen,” Paulhus said of one of the crashes. “The officer was out for several months with back pain. I don’t know how he walked out of that crash.”
Police attempts to obtain surveillance video at China Gourmet that potentially captured those customers being served alcohol were unsuccessful. Police were told the video was destroyed in an electrical fire. Paulhus believes it was purposely destroyed.
“It’s one of the most egregious destructions of evidence in my 30 years of law enforcement,” he said.
Zhang faces a charge in Middlesex Superior Court of withholding evidence from an official proceeding. A court clerk said a final trail conference is set for Sept. 25, with a jury trial possible in October.
The first trial ended in a hung jury, which led to a mistrial.
Tax payments
Like all restaurants, Samba pays meal and personal property taxes.
The amount of meal taxes paid is unknown, because state law prevents the state Department of Revenue from commenting on an individual taxpayer’s account. Personal property tax levied against the equipment needed to run a business, like kitchen and bar equipment, was more than $1,100 each for Samba and China Gourmet in fiscal 2020, which ended June 30.
When the license board meets next month to weigh evidence, Barnosky said taxes paid by a business “doesn’t enter into whether or not we suspend or not suspend a license.”
What should enter into the decision is Samaba’s track record, said Dorene Calmus, who for 23 years has lived on Mayhew Street Extension, located next to Samba's parking lot.
Noise from late-night music was a problem several years ago, and Zhang corrected it, Calmus said. Spillover partying into the restaurant’s parking lot was another issue.
“Zhang tends to push the limit a bit,” Calmus said. She wants Samba to succeed, but it has to follow the rules.
“Should he lose his license? No. Should he be fined? Yes,” Calmus said. “For the most part, he’s been a good neighbor.”
Slapped with fines
Fines are nothing new for Samba.
Between May 27 and June 11, Samba was fined $300 by the city for violating a state order not to serve food and beverage on-site during the coronavirus pandemic. It was fined another $300 for allowing outdoor seating in its parking lot during the pandemic without receiving local approval.
Paulhus said he’s shocked every time he reads about violations at Samba, and has the Aug. 17 public hearing circled on his calendar.
Calmus said there is a point when a business crosses the line, but she’s not sure that point has been reached.
“If violations tally up, at which point do you say ‘enough is enough?,’” Calmus said. “Hit (Zhang) in the pocketbook, and give him one last chance.”
Henry Schwan is a multimedia journalist for the Daily News. Follow Henry on Twitter @henrymetrowest. He can be reached at hschwan@wickedlocal.com or 508-626-3964.
The Link LonkJuly 30, 2020 at 05:15PM
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Framinghams Samba Steak has Aug. 17 hearing before Board of License Commissioners - MetroWest Daily News
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