License Commission

City of Chicopee, Massachusetts License Commission Donald Goulette City Hall Annex – 274 Front Street – Chicopee, MA 01013 Joseph Martin Tel: (413) 594-1530 Fax: (413) 594-1531 Jeanette Jez Minutes for the February 25, 2021 meeting held in City Council Chambers @ 6:00 PM In attendance: Commissioners Goulette, Martin and Jez. Also In attendance Atty. Kevin Corridan Public Input-none Minutes for January are presented to the Board. Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 3-0. Hearing for TD Sports Pub-Postponed Hearing for Court Yard Café- In attendance: Junior Williams and Det. Mike Dion. Det. Dion reads his report to the Commissioners. Mr. Roman witnessed the event in question and states the report is factual. Mr. Williams reads a statement. He thought it was acceptable to have this event. The food was purchased from his other business, Hazel’s Kitchen as this location does not have a kitchen. He was not on the premises when the incident happened. There was supposed to be another event the next day that was ultimately cancelled. There was a patrol car stationed outside of the location that day. Mr. Williams approached the officer and asked why he was there, the officer stated he was assigned there to make sure there were no events that day. Mr. Williams assured him there would not be, the event had been cancelled and the officer thanked him for being a man of his word. He states he felt discriminated against that no other business in Chicopee would have a police officer stationed outside. Commissioner Goulette asks what happened that night. Mr. Williams thought it was ok to have a party. The regulations changed that week. He was constantly checking on the regulations. He was asked if the DJ that night was wearing a mask. He does not know as he stepped out for a bit. Commissioner Martin asks if prior to that night if he checked the states website. Mr. Williams stated he was going by what he heard. Commissioner Martin states as an owner he should be aware of the laws and guidelines. Det. Dion states there were no masks being worn in the bar. The police department is under orders not to enter an establishment due to Covid. Mr. Williams was apologetic when he eventually spoke to Det. Dion. The cruiser was stationed out front to make sure there were no issues that night. Commissioners found Count 1- Violation of Governor Bakers Covid 19 orders Phase 4 reopening plan for bars, etc.; Count 2-Violation of Governor Baker’s COVID Order No. 43 guidelines Phase III, Step 1 Licensees are reminded that until Phase IV commences all licensees licensed for the sale of alcoholic beverages for on-premises consumption must provide seated food service with the sale of alcohol. The food must be prepared on-site and under a retail food permit issued by a local licensing authority pursuant to 105 CMR 590.00. Beginning tomorrow, August 11, 2020, for each customer, an item of prepared food must be ordered at the same time as an initial alcoholic beverage(s) order. One or more shareable food item(s) may be ordered as long as it/they would sufficiently serve the number of people at the table. Items such as potato chips, pretzels, and other pre-packaged or manufactured foods do not constitute food “prepared on-site.” Also effective tomorrow, any licensees holding private functions on their premises must limit attendance to 25 people for indoor events and 50 people for outdoor events. Food must also be served as described in the preceding paragraph.; Count 3- Failure to ensure proper Social distancing as detailed in the Safety Standards and Checklist -Require face coverings for all customers and workers at all times, except where an individual is unable to wear a face covering due to medical condition or disability. Customers must wear face coverings unless seated at tables.; Count 4- Failure to ensure Social distancing as detailed in the Safety Standards and Checklist -All other amenities and areas not employed for food and beverage service (e.g., dance floors, pool tables, playgrounds, etc.) must remain closed or removed to prevent gathering of customers; Count 5-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 were founded. Commissioner Martin states that we are not here to close your business. This happened at the height of a serious surge in Covid cases. He is hoping that the opportunity to re-open will be soon. He also wants Mr. Williams to understand what the obligations of having a liquor license are going forward. To understand all the regulations and laws associated with a liquor license. Commissioner Jez makes a motion to suspend all licenses for 2 days and to hold in abeyance for 6 months provided there are no further violations. Commissioner Martin seconds. Motion approved 3-0. Also noted during this hearing, Mr. Williams will be changing the location of this license to his other business, Hazel’s Kitchen. He was told he could not change the location if his license was suspended so he has held off on the paperwork. That is untrue. He has been advised to start the paperwork immediately. This concludes the hearing. Application for a new Annual Wine/Malt Restaurant license for Emray, Inc., d/b/a Pizza Palace- In attendance: Atty. Neil Phillips and Oner Onder. Atty. Phillips informs the Board that Mr. Onder had purchased the Pizza Palace business approximately a year ago and would like to now add a beer/wine liquor license as was previously held there. He does not have any previous experience handling alcohol but is TIPs certified. At this time the capacity is limited to about 15 people inside. Once the pandemic and capacity limits are lifted the capacity is 32. There have been favorable responses from the neighbors for the license. Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 3-0. Application for a Common Victualer license for Dunkin Donuts, 820 Memorial Dr (new owner) Commissioner Martin makes a motion to approve. Commissioner Jez seconds. Motion approved 3-0. Application for a Common Victualer license for Sam’s Food Store, 810 Meadow St (new owner) Commissioner Martin makes a motion to approve. Commissioner Jez seconds. Motion approved 3-0. RENEWALS Common Victualer City View Mini Mart, 2041 Memorial Dr EZ Mart, 345 Chicopee St Pizza Express, 557 East St Tejada Market, 720 Chicopee St Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 3-0. Mobile Common Victualer D & M Catering Commissioner Jez makes a motion to approve. Commissioner Martin seconds. Motion approved 3-0. Filing fees are read by Commissioner Jez ABCC approvals: Flanagan’s transfer has been approved Review of Police reports- there is a report of a possible violation concerning Dugout Café. Commissioners decide there is enough information to hold a hearing Correspondence -none