Liquor Board Shuts Down Oliveira's Until Proper Approvals Had By State

The city's Licensing Board effectively shut down Oliveira's Steak House for up to three months Monday night with board members incensed at the restaurant owner's apparent disregard for following the rules.

The board has given the downtown Brazilian eatery and bar 90 days, effective July 1, to file proper forms with the city and state Alcoholic Beverages Control Commission, identifying who the corporate officers and manager of record are or else lose the license permanently.

And that was without board members even dealing with the to the Walnut Street establishment over the past year-and-a-half.

"I hate to put anyone out of business...but this has just been so blatantly not following the rules," said board member Charles Holden, Jr. "Everybody has to play by the same rules."

In order for the restaurant to keep its license, however, that paperwork must also be approved by the ABCC and the city -- it does include background checks and the like on corporate officers and on-site management.

The issues for board members Monday evening were that Zina Maria Rosa, the sole owner and manager of record with the city, has changed roles as a corporate officer since 2009, separate individuals are named as officers in filings with the Secretary of State's office and financial interest in the company has possibly been divvied up, all without seeking required approvals from the city and ABCC.

When it comes to alcohol licenses, business operations are closely scrutinized by authorities and the licenses are tied to the establishment's ability to operate at all. If the license is suspended, the restaurant has to lock the doors for that same period of time.

Beyond the abovementioned issues was the concern that Rosa is also not on the premises 40 hours a week, as required by law, and has failed to appear for hearings with the board three times now in recent months. Board members said at least two of those occasions were because she was apparently back in Brazil visiting a sick relative.

"Every time we've asked for the manager to come, she's in Brazil," said Holden, while he and fellow board members Minas Dakos and Nancy Delaney noted they were not unsympathetic to Rosa's circumstances.

"It's a legal requirement that she's here and working...it's a legal requirement that she come to these hearings," Holden said.

Sebastian Gomes, who is identified as the director of the company, and Olivia Rodriguez told board members that Rosa is regularly at the restaurant when she isn't in Brazil.

"Her mother is very sick," said Rodriguez.

According to corporate filings, Rosa and other officers live in Revere and East Boston.

Peabody attorney John Keilty appeared with Gomes and Rodriguez Monday to inform the board that Gomes and his wife Sebastia planned to buy out Rosa's share in the company and place Sebastia as the new manager of record. They hoped that would solve the board's concerns.

Board members repeatedly pointed out that even if Gomes could somehow get Rosa's signature the next day, it would still take time for the ABCC to review and approve the proper notifications. And so the problem would still remain.

"I think we should shut you down until the paperwork is in and the ABCC approves it," said Delaney.

Keilty said he was brought in by fellow attorney David Ankeles, who initially represented Rosa in 2009. Keilty said Ankeles filed the original paperwork with the ABCC then and was similarly unaware of the subsequent changes in corporate offices. They suspected an accountant was responsible for filing with the Secretary of State's office.

Holden explained to Gomes that waiting for the forms to fully process now would only protect him in purchasing the business.

"This is as much for your own protection," he said. "You may be buying from her, but perhaps others now also have interests in [the company]."

As for the neighborhood concerns and consequent police activity, while many of the incidents did not occur inside the restaurant, they nevertheless began at Oliveira's, said Deputy Chief Martin Cohan. He said the department would usually handle the issue first by speaking with the manager, but those efforts were frustrated by the ambiguity on that point.

"As far as we know, the manager is a puppet," said Cohan.

On multiple occasions, however, police have found that patrons were underage and over served and visibly intoxicated upon leaving Oliveira's.

Board members said it was the restaurant's responsibility to try its best to prevent and control those situations.

"I don't think any other business in the area gets as many calls as this one," said Delaney. "If I lived in the neighborhood, I'd be angry."

She noted the board has received a lot complaints from neighbors.

Keilty argued that most of the nuisance incidents listed by police occurred off the premises and therefore Oliveira's staff had limited ability to control the situations once the customers stepped outside.

Initially, the board was set to rescind the liquor license effective immediately, but agreed to postpone it for a week in order to let the staff use up perishable food supplies and prepare to close indefinitely.

Keilty indicated his clients may appeal the decision to the ABCC and then seek relief from the courts in order to keep the business from closing while awaiting the necessary approvals.

He said the plan is to have the paperwork ready to submit, at least, by the board's July 9 meeting.

"The sooner you do it, the better," said Dakos, addressing Keilty and his clients.