License Commission

City of Chicopee, Massachusetts License Commission Donald Goulette Donald Derosia City Hall – 274 Front Street – Chicopee, MA 01013 Daniel Taney Tel: (413) 594-1530 Fax: (413) 594-1531 George Tarnowski Agenda for September 26, 2013 6:00 PM Minutes for July and August Discussion of Mayor’s request for Special Legislation for an above quota liquor license for Restaurant All Alcohol license for Colvest/Chicopee, LLC, 480-530 Memorial Dr Transfer of an All Alcohol Restaurant License from Jerry & Ray, LLC, D/b/a Mulligan’s Sports Bar, 621 Center St to Kelly’s Inc, 621 Center St with Leo P. Buono, Jr as manager Need Certificate of Good Standing for Mulligan’s , all other paperwork is in order Hearing for Polish National Home Café, 138 Cabot St Notice of alleged violations Count 1- M.G.L.Chapter 138§ Section 69. - Sale or delivery to intoxicated person(s) Count 2- Regulations of the ABCC 204 CMR 204-2.05: Licensed Premises (2) No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to the place in or on the licensed premises. The licensee shall be responsible therefore, whether present or not. Count 3- Chicopee Rules and Regulations- 1.08 Environs of Licensed Premises a. It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times. The PNA Café has closed. The Board of Directors have been sent a letter to appear for this meeting. There is some confusion over shareholders rights to this license. Atty. Rooke is reviewing the information. Hearing for Pulaski Hall Notice of alleged violations Count 1- M.G.L. §S 16. Dilution, changing or tampering with alcoholic beverages; suspension of license; prima facie evidence Any person holding a license under section twelve, thirteen, fourteen or fifteen who, directly or through any agent, employee or other person, dilutes or changes or in any manner tampers with any alcoholic beverage authorized to be sold under such license so as to change its composition or alcoholic content shall be punished by a fine of not less than two hundred nor more than five hundred dollars, and if any holder of such a license is convicted of a violation of the foregoing, his license shall forthwith be suspended, for a period of not less than six months, by the local licensing authorities which issued the same; provided, that cocktails and other mixed drinks may be prepared on premises licensed under section twelve, thirteen or fourteen. Possession on the licensed premises by any licensee referred to in this section of any alcoholic beverage differing in composition or alcoholic content from such beverage when received from the manufacturer or wholesaler and importer from whom it was purchased, except cocktails and other mixed drinks as hereinbefore authorized, shall be prima facie evidence that the said beverage has been diluted, changed or tampered with in violation of this section. Count 2- Regulations of the ABCC 204 CMR 204-2.05: Licensed Premises -2.05: Licensed Premises (1) Slot machines or any other devices which furnish anything besides merchandise of a quantity and quality commensurate with the price deposited therein are prohibited on licensed premises. Gambling of any sort, except those games of chance authorized by the Legislature and/or local licensing authorities, shall not be permitted on any license premises.  Count 3-M.G.L. CH. 138 §.112; Regulations of the ABCC 204 CMR 204-10: Club Restrictions Section 12 clubs may serve alcoholic beverages only to members. However, subject to regulations of the local licensing authority, clubs may serve alcoholic beverages to a guest of a member Count 4 Regulations of the ABCC 204 CMR 204-2.05: Licensed Premises (2) No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to the place in or on the licensed premises. The licensee shall be responsible therefore, whether present or not. Count 5-Regulations of the ABCC 204 CMR 204-2.05: Licensed Premises (8) All premises covered by a license or storage permit shall be kept in a clean and sanitary condition at all times. Count 6- Chicopee Rules and Regulations- 1.08 Environs of Licensed Premises a. It shall be the obligation of licensees to ensure that a high degree of supervision is exercised over the conduct of the licensed establishment at all times. Count 7- Chicopee Rules and Regulations 1.05 Physical Premises- (b).All premises covered by the license shall be kept in a clean and sanitary condition. Licensee had filed paperwork to change to a Restaurant license and did not follow through after they were advised they would have to modify their corporation. Last appeared before the Board in December 2012, license was suspended for 3 days and held in abeyance for 6 months. B Bar- inactive since August 2012 Violation of Massachusetts General Law Chapter 138, section 77 - Failure to conduct the licensed business. Application for a Common Victualer license for Jimmy’s Dog House, 930 Chicopee St with Melissa Rodriguez as manager (new owners) Application for a Special One Day Permit (Wine/Malt) for the Chicopee Boys and Girls Club of Chicopee, 580 Meadow St for the 9th Annual Charity Auction to be held on October 3, 2013 from 6:00 PM until 9:00 PM with Jason Reed as applicant Application for a Special One Day Permit (All Alcohol) for Eagles, 17 Sheridan St for a Golf Tournament to be held on October 5,2013 from 10:00 AM until 10:00 PM with Lionel Charette as manager Filing Fees Reviewed Filing Fees Review of Police reports Server Training reports not received from the following establishments: 99 Restaurants, Bridge Café, Cavalier, Chief’s, Falls Polish Home, Frontera Grill, Monty’s Roadhouse, Patti’s Four Ten, Red Fez, Rivoli, TD’s Sports Pub, Country Club Grille, Plaza Liquors, Liquor Shed, Tiger’s, Post 452, Fairview Legion, Angelo’s Family Restaurant, Village Pizza, and Westover Liquors Correspondence Upcoming topics for the next agenda Next meeting will be October 17, 2013