License Commission

City of Chicopee, Massachusetts License Commission William Pagel, Chairman City Hall Annex – 274 Front Street – Chicopee, MA 01013 Donald Goulette Tel: (413) 594-1530 Fax: (413) 594-1531 George Tarnowski Joseph Martin Jeanette Jez Minutes for May 24, 2018 meeting held in the City Council Chambers at 6:00 PM In attendance: Chairman Pagel, Commissioners Goulette, Martin and Jez. Atty. Rooke is also present. Minutes for April are presented to the Board. Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Hearing for K of C Elder Council #69: In attendance Detective Michael Dion, Marsha Pelc and Brian Houghton. At the time of this hearing the Commission reviewed a police report. At this hearing the Chicopee K of C Elder Council #69 representatives stipulated to the violations. Based on the facts, the Commission found the licensee in violation of: Count 1- M.G.L.Chapter 138 § Section 12 – License authorizing sale of beverages to be drunk on premises; (No patrons or employees of a Section 12 pouring license may leave the premises with alcoholic beverages.)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; (d.)Licensees shall take such steps as are necessary to ensure that patrons or employees do not leave the premises with alcoholic beverages. Such steps shall include having an employee stationed at the door to watch patrons as they leave. When patrons are observed leaving the premises with beer bottles, beer cans, or cups or glasses filled with liquids that smell like alcoholic beverages to the Chicopee License Commission’s agents, it shall be presumed that the vessels contain alcoholic beverages. (e.)When any noise, disturbance, misconduct, disorder, act or activity occurs in the licensed premises, or in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for the use of its patrons, which in the judgment of the Chicopee License Commission adversely affects the protection, health, welfare, safety or repose of the residents of the area in which the licensed premises are located, or results in the licensed premises becoming the focal point for police attention, the licensee shall be held in violation of the license and subject to proceedings for suspension, revocation or modification of the license. Count 5- Chicopee Rules and Regulations-1.10 Standards of Conduct on the Premises d. No manager or employee shall consume any alcoholic beverages while on the licensed premises while on duty or after the official closing hour. At this time Commissioner Jez makes a motion suspend all licenses for a period of two (2) days to be held in abeyance for 6 months provided there are no further violations. Commissioner Martin seconds. Motion approved 4-0. Application for a Transfer and Pledge of License from Scrappy’s Liquor Locker Inc., to Keshar Enterprises, Inc., 577 East St. In attendance: Atty. Thomas Truax, Paresh Patel and Ankitkumar Patel. Atty. Truax informs the Board that this is a transfer and pledge of a license. They will be acquiring the store and the real estate. His clients have 14 years of experience in selling alcohol. This is their 4th store. Mr. Paresh Patel will be the manager of record. He is TIPs trained but will be taking a classroom course as required. They have rea the Policy & Procedures Manual. They will be keeping on 2 or 3 of the current employees. Mr. Szczur will be available to help them during the initial transition. Commissioner Martin asks if they have a training program. Mr. Patel states that they will be focusing on checking ID’s. Atty. Truax states they will have a policy of carding anybody that looks under 40 years of age in compliance with M.G.L. Ch. 138. They will also be looking into ID scanner. Commissioner Goulette states that at the classroom course for TIPs training they will learn a lot more about checking ID’s and observation of customers for intoxication. Commissioner Jez makes a motion to approve the Transfer and Pledge. Commissioner Goulette seconds. Motion approved 4-0. Application for a Change of Manager for Red Fez, 70 Exchange St. In attendance: Antonio Forte and Tanya Forte. Mr. Forte has not read the Manual but will be sent one. Mr. Forte will be taking a classroom course; he has taken an on-line course. Commissioner Martin respectfully asks if his communication skills are adequate for the job due to Portuguese being his first language. Mr. Forte states yes he can do the job and he feels he can get his point across. He will be on premise approximately 50 hours per week. Commissioner Jez cautions that in the general area where they are located they should pay extra attention to over serving or serving intoxicated persons to avoid any potential problems. Commissioner Goulette makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for Mobile Common Victualer for Miguel O’Leary’s (new) Commissioner Goulette makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Down Town Get Down- Mobile Common Victualer Applications: Chicopee Public School Food Service Sabor Latino Restaurant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for Mobile Common Victualer for The Very Best Soft Ice Cream Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for an Automatic Amusement for Bulls Eye Café, 621 Center St (1 Pool Table, 1 Skill Touch) Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special Event Permit for the Cruise for Vets Amvets, 754 Montgomery St to be held on June 30, 2018 from 2:00 PM until 7:00 PM with David Pedroza as applicant Commissioner Jez makes a motion to approve and waive the police details. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (Beer/Wine) for the Moose Lodge, 244 Fuller Rd for the Weekly Cruise Night to held on the following dates from 5:00 PM until 10:00 PM with Richard Maxwell as applicant Thursday May 23, 31 June 7,14,21,28 July 5,12,19,26 August 2, 9,16,23,30 September 6, 13, 20 Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (Beer/Wine) for the Moose Lodge , 244 Fuller Rd for the Dakin Humane Society Fundraiser to be held on Sunday June 2, 2018 from 5:00 PM until 10:00 PM with Richard Maxwell as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Thursday June 21 , 2018 from 1:00 PM until 10:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Saturday June 23 , 2018 from 12:00 PM until 10:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Saturday June 30 , 2018 from 12:00 PM until 5:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Thursday August 2 , 2018 from 5:00 PM until 10:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Saturday August 18 , 2018 from 12:00 PM until 5:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Sunday September 30 , 2018 from 12:00 PM until 5:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (All Alcohol) for the Kennedy Post #275, 41 Robbins Rd for the American Legion Bike Night to be held on Sunday October 7 , 2018 from 12:00 PM until 5:00 PM with Robert Baranowski as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (Beer/Wine) for the Amvets Post 12, 754 Montgomery St for Bike Night to be held on Thursday May 31 , 2018 from 5:00 PM until 11:00 PM with Howard Cormier as applicant ( 2 detail officers required per police) Commissioner Jez makes a motion to approve. And amend the end time to 10:00 PM Commissioner Goulette seconds. Motion approved 4-0. Application for a Special One Day Permit (Beer/Wine) for the Amvets Post 12, 754 Montgomery St for Bike Night to be held on Thursday July 12 , 2018 from 5:00 PM until 11:00 PM with Howard Cormier as applicant ( 2 detail officers required per police) Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit (Beer/Wine) for the Amvets Post 12, 754 Montgomery St for Bike Night to be held on Thursday August 23 , 2018 from 5:00 PM until 11:00 PM with Howard Cormier as applicant ( 2 detail officers required per police) Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit(Wine/Malt) for Log Cabin and Delaney House for the Chicopee Chamber Event @ Mercedes Springfield, 295 Burnett Rd to be held on May 10, 2018 from 4:30 PM until 6:30 PM with Peter Rosskothen as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit(Wine/Malt) for Log Cabin and Delaney House for the Chicopee Chamber Event @ Mercedes Springfield, 295 Burnett Rd to be held on Saturday June 23, 2018 from 11:00 AM until 3:00 PM with Peter Rosskothen as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Application for a Special One Day Permit(Wine/Malt) for Log Cabin and Delaney House for the Multi Chamber After Hours Event @ Sunshine village, 75 Litwin Ln to be held on May 31, 2018 from 4:30 PM until 6:30 PM with Peter Rosskothen as applicant Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 4-0. Filing fees are read by Commissioner Goulette ABCC approvals- none Review of Police reports: Det. Dion submits 2 reports for the View Street Tavern and a printout of drink specials for the Rivoli that was found on Facebook. The Commissioners will bring View Street Tavern in for a hearing at the next meeting. Correspondence – Updates for the Fairview K of C- paperwork has been submitted has required Castle of Knights- paperwork has been submitted has required. Rivoli- paperwork was submitted but was incorrect and was sent back. The paperwork has been given to them numerous times. Mr. Diaz submitted the paperwork on May 22nd the day before it was due. At this time the Commissioners discuss the situation with not only the paperwork not being submitted but the submission of the drink specials situation. There are serious concerns as who is actually running this establishment. Det. Dion has not seen Mr. Wargulewski in the establishment at any time he has been there. At this time Commissioner Goulette makes a motion to send a cease and desist letter immediately until such a time as all paperwork has been approved by the License Commission and the ABCC. Commissioner Martin seconds. Motion approved 4- 0. Ms. Taillefer states that she would like to confer with Atty. Rooke about the situation. The Chairman agrees. The Commission wants the letter done immediately. Det. Dion will hand deliver the letter and retrieve the licenses. Update for TIPs certification: Several submissions have been received that employees have ETIPs certification and they are expiring this year. They will be notified that renewal does need to be a classroom course. Update on Maximum Capacity: Mr. Robert has informed the office that there will be painting on the interior and exterior of the building that will be taking place over the next few weeks. He was also cautioned that alcohol cannot be consumed on the premise at this time or it can cause a delay in the transfer.