License Commission

City of Chicopee, Massachusetts License Commission William Pagel, Chairman City Hall – 274 Front Street – Chicopee, MA 01013 Donald Goulette Tel: (413) 594-1530 Fax: (413) 594-1531 George Tarnowski Joseph Martin Jeanette Jez Minutes for October 27, 2016 In attendance: Chairman Pagel, Commissioners Goulette, Tarnowski, Martin and Jez. Also Atty. Rooke is present. Minutes for September are presented to the Board. Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Application for Transfer of Stock, Change of Beneficial Interest and Manager for Dug-Out Café, 134 Meadow St. Commissioner Goulette makes a motion to approve. Commissioner Jez seconds. Motion approved 5-0. Hearing for Dug- Out Café- In attendance: Roger Benoit, JR., Officer Nicole Devlin, Ryan Romano and Det. Mike Dion. At this time the Commissioners have reviewed several police reports and a call log. Mr. Benoit Jr states that the Willimansett area has changed over the years. He returns to the bar every night at closing. Officer Devlin summarizes her report for the Commissioners. Officer Romano also summarizes his report. At this time the Commissioners question Mr. Benoit about security and he states he has bouncers/security for 6 months. He is shocked to learn that there have been 22 calls to his establishment in the past year and a half. Mr. Benoit Jr then informs the Board that he opens the bar, leave for a couple of hours comes back in the afternoon and cooks, leaves and come back at closing. Commissioner Martins asks as a manager what he can change to correct this. Mr. Benoit Jr states he has hired security for Friday and Saturday nights. Commissioner Jez explains that this Board is only trying to help him with this issue and asks that he look at the incidents in order to improve his business. Mr. Benoit Jr states he doesn’t want to worry about Mickey Mouse incidents. Chairman Pagel questions if he is saying these incidents did not happen. Atty. Rooke asks if he is admitting to these violations. Mr. Benoit responds yes. Commissioner Tarnowski states that there have been incidents of overserving customers’ and that the changing neighborhood is no excuse. Mr. Benoit Jr states the bartender in that incident has been terminated. He wants to run a respectable business. Commissioner Jez reiterates that they want this information to be helpful to him in running his business. The Commission then found there is sufficient evidence of violation of Count 2- M.G.L. Chapter 140 § Section 183A. – The licensing authorities shall grant a license under this section unless they find that the license, taken alone or in combination with other licensed activities on the premises, would adversely affect the public health, safety or order, in that the concert, dance, exhibition, cabaret, or public show cannot be conducted in a manner so as to: (a) protect employees, patrons, and members of the public inside or outside the premises from disruptive conduct, from criminal activity, or from health, safety or fire hazards; Count 3- 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 4- 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 Chicopee License Commission in a 4-1 vote suspends all licenses for a period of three (3) days with a one (1) day suspension to be served on November 3, 2016 and two (2) days to be held in abeyance for a period of 6 months provided no further violations. Hearing for Frontera Grill. In attendance: Federico Mendiola. Chairman Pagel states this is an informational hearing as we have received a complaint of loud noise. Mr. Mendiola informs the Board that he has spoken with this person several times. He calls to complain about employees playing loud music in their cars. When he checks there is no noise. The police have been several times to check also and there has not been any noise. The Commissions just want him to be mindful of the residential neighborhood. Application for a Change of Manager for Buffalo Club, 333 James St. In attendance: Robert Lafleche. Mr. Lafleche informs the board that he has been bartending for over 20 years. He is currently enrolled in a TIPs course for certification. He has read the Policy manual. Commissioner Goulette makes a motion to approve. Commissioner Jez seconds. Motion approved 5-0. Application for a Change of Beneficial Interest for the VFW Post #625, 374 Front St Commissioner Goulette makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Application for Automatic Amusement (2 Pool Table) for Cabot Pub II, 66 Cabot St Chairman Pagel tables this application until the next meeting. Application for a Common Victualer for Dunkin ‘Donuts, 650 Memorial Dr Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Application for a Mobile Common Victualer for Big Cees BBQ Commissioner Martin makes a motion to deny this application based on health departments regulations. Commissioner Tarnowski seconds. Motion approved 5-0. Application for a Special One Day Permit(Beer/Wine) for Aramark @Elms, 291 Springfield St for the Business Division Orientation to be held on Thursday November 3, 2016 from 5:00 PM until 9:00 PM with Mark Marson as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Application for a Special One Day Permit(Beer/Wine) for Aramark @Elms, 291 Springfield St for the Elms College Christmas Party to be held on Friday December 9, 2016 from 3:30 PM until 9:30 PM with Mark Marson as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Application for a Special One Day Permit(Beer/Wine) for Aramark @Elms, 291 Springfield St for the Religious Studies/Advent to be held on Thursday December 15, 2016 from 6:30 PM until 9:30 PM with Mark Marson as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 5-0. Filing fees are read by Commissioner Tarnowski Review of Police reports- At this time the Board reviewed police reports for Rollin’ roc and Cabot Pub. They will appear for a hearing in November. Correspondence –Chairman Pagel reads a letter from the Fire department concerning TD’s Pub. They will be asked to appear at a hearing in November.