Selectmen: Sting Operation Determined Fair, 15-Day Suspension Upheld

The Board of Selectmen voted against a ruling from the state alcohol commission on Tuesday, May 14, resulting in a 15-day suspension for Bay State Foods at 1418 Beacon Street.

Last year, Bay State Foods appealed a ruling from January 2012 after the Brookline Police conducted a sting operation in October 2011. The owners of Bay State Foods went before the Massachusetts Alcoholic Beverage Control Committee (ABCC) last May. The ABCC ruled that the sting operation was handled improperly, thus making the operation and transaction invalid.

The state guidelines for a sting require that, among other things, the minor operative leave all of their personal belongings at the police station and that the buyer should leave the store after the sale. In this case, the minor had his wallet on him.

On October 27, 2011, the minor went to purchase a 1.75-liter bottle of vodka. The manager, Marcello Rullo, asked if the young man was 21. The minor said that he was 21-years-old, but he didn’t have his license on him.

Rullo then asked when the young man’s birthday was. The minor stated his actual birthdate, which would have made him 20 years old. The minor then pulled out his wallet and paid for the vodka. By having that wallet on his person and by hanging around the store after the sale as opposed to leaving instantly, the ABCC ruled that the sting was conducted improperly and the punishment should be nullified.

The Board of Selectmen saw no evidence that there was any entrapment or that the sting was somehow conducted unfairly.

Rullo’s attorney, Bob Allen asked the Board of Selectmen to dismiss the punishment from 2012 because the sting was conducted improperly.

“I think it’s clear that the young man said his real birthdate and that he was under 21-years-old,” Selectmen Dick Benka said.

“We operate under Brookline guidelines,” Chairwoman Betsy Dewitt said. “This is a precident which basically says, you can walk into any licensed store, admit that you’re under age and be sold an alcoholic beverage in violation of the law and if it happens that you didn’t run out the door, it’s somehow valid? I am horrified.”

Bob Allen said that Rullo had learned from this event, acknowledging the “stupidity” that took place. Allen said that since then, aside from a maturation of, Russo had cleaned up the storefront, invested $50,000 into his business and stopped selling cheap, domestic beer.

The Board of Selectmen voted unanimously to uphold the 15-day suspension for Bay State Foods.