The Boston Licensing Board yesterday handed a warning to the Tasty Burger on L Street for the beer-holding people Boston Police detectives said they found loitering outside its pick-up window during the St. Patrick's Day parade this year.
BPD Sgt. Det. Robert Mulvey told the board the citation was more of a notice to the burger joint to plan better for next year than punishment for this past parade's activities.
Tasty Burger attorney Dennis Quilty questioned the citation's validity, because it specifically mentioned "patron consuming alcohol on seasonal patio" and that's an impossiblity since the restaurant's patio disappeared with the construction of a new building next door.
Mulvey then said he meant the small area in front of the take-out window, which was covered with plastic sheeting. Even though the sheeting might have extended over the public sidewalk, the fact it was attached to the Tasty Burger building meant it had become part of Tasty Burger's property through the legal theory of curtilage, he said.
Quilty still objected, saying it was unfair to blame Tasty Burger for the activities of beer swillers on the busiest, beer-swillingest day of the year in South Boston. The manager "would have to have 50 staff people outside" to try to keep the sidewalk clear of beer imbibers, he said.
However, the manager of the Tasty Burger agreed to try to do better next year.
The warning means Tasty Burger could be treated more harshly if it receives another citation.