Continued Public Hearing – Liquor Violation – Waxy O’Connor’s 121 Main Street
Ms. Brue read the Public Hearing notice.
Atty. Brian Falk of Mirick O’Connell will be the Special Town’s Counsel on this matter.
Attorney Frank Spillane represented Waxy O'Connor's and was present along with coowners
Mark Rohleder and Paul McKenna. Manager Joseph Lothrup was also present.
Mr. Paicos reviewed the procedures for this hearing. Counsel for the Town and the
defendants have been negotiating and do have a settlement to present to the Board. If
the Board accepts this settlement, then no further testimony will be necessary. If the
Board does not accept the settlement then testimony will proceed.
Atty. Falk swore in the witnesses.
Sgt. Richard Noonan summarized the events of that evening. He noted that a written
notice that the department would be conducting compliance checks was given to the
establishment in early August and a notice was also published in the Foxboro Reporter
on August 30th as well as the Sun Chronicle on April 23rd.
A nineteen year old female from out of town as well as a police officer from her town
assisted Sgt. Noonan in conducting the compliance checks. At 7:10 p.m. the operative
entered the establishment and took a seat at the bar. An older gentleman saw her
waiting and waved the bartender over. She then ordered a Bud Light which the
bartender gave her and then went to help another patron. The operative then left to use
the bathroom. The operative stated that she was never asked for any identification or
Atty. Spillane noted that there is a new manager, Joseph Lothrup, at Waxy O’Connor’s
and paperwork will be filed with the town. Atty. Spillane stated that the description of
the incident is accurate in that a regular patron waived down the bartender to serve the
operative. The bartender assumed the operative was with this patron’s group and did
not ask for an ID. Atty. Spillane stated that the owner’s take this situation very seriously
and the bartender in question was fired. The remaining staff was retrained and TIPPS
trained and a license scanner has been obtained to verify ID’s. The procedures have
been reviewed by the new management and will continue to be improved.
The biggest change at Waxy’s is the change of manager. Mr. Gordon Hyde, the
previous manager and also part owner has been let go and bought out of the business.
The ownership was not aware of the seriousness of the situation until this past summer.
The other owners live in Florida. There are eight Waxy O’Connor locations on the east
coast, with two others located in Massachusetts.
Owner Mark Rohleder addressed the Board and acknowledged the seriousness of the
incident. He stated that the emphasis will now be on food service and less on a
nightclub type atmosphere. They have changed the menu and hired new cooks. The
cameras in the establishment will now also be used to keep an eye on patrons. New
security staff has been hired especially on Friday, Saturday, Sunday, during Patriot’s
games and other special occasions as needed.
Mr. Rohleder stated that this is a family owned business and this incident as well as the
others at the Foxboro location is a poor reflection on their business and they are
committed to making changes.