On Monday, January 21, 2019, at 11:10 A.M., I was dispatched to RENT A CENTER located at 105 Broadway for three males consuming alcohol in public. Officer Brioso responded as backup.
The reporting party, XXXX (Manager) stated to Somerville Police control that when one of the employees asked the three men to leave, they started yelling at him and refused to leave.
Upon arrival, I observed a store employee engaged in a verbal argument with two men on the sidewalk directly outside the store. I identified them as Tarcicio Infante and XXXX. Infante had an open container of alcohol in his possession 50 ml (Firball) nip.
I placed Infante under arrest for violation of Sec. 9-1. – Alcoholic beverages in public places, which states: “No person shall give, sell, deliver or consume any alcoholic beverage, including but not limited to beer and wine, on any street nor shall any person have in his or her possession an open container containing such beverage on any street, unless said person (1) is a licensed common victualler that has been granted a permit to place and maintain outdoor seating on a public sidewalk (section 12-14) and is duly permitted by the Somerville Licensing Commission to serve alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to conduct a festival, fiesta, street fair or any similar event (section 8-14(a)) and is permitted by the Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said event, or is a patron thereof. For purposes of this subsection a container shall be deemed open, regardless of its closed or capped condition if the original sealant of the bottler has once been broken.”
Infante was transported to the Somerville Police Headquarters via unit 200, operated by Officer Ubeda, and book by Lieutenant DiGregorio.
I issued Infante citation# 57588 for violation of Sec. 9-1.
Samir Messaoudi #312