License Commission

City of Chicopee, Massachusetts License Commission Joseph Martin, Chairman City Hall Annex – 274 Front Street – Chicopee, MA 01013 Donald Goulette Tel: (413) 594-1530 Fax: (413) 594-1531 Jeanette Jez Joseph Pasternak George Tarnowski Minutes for the March 18, 2021 meeting held in the City Council Chambers at 6:00 PM In attendance: Chairman Martin, Commissioners Goulette, Jez, Pasternak and Tarnowski. Also Atty. Corridan is present. Public Input: None Minutes for February are presented to the Board. Commissioner Jez makes a motion to approve. Commissioner Goulette seconds. Motion approved 5-0. Hearing for TD Sports Pub- In attendance: Tom Hill, Atty. Shawn Allyn and Det. Michael Dion. Chairman Martin reads the hearing procedure and then the alleged violations. Atty. Allyn objects to no cross examination. Det. Dion reads 2 police reports. The first report was generated from Officer J. Mikkola and the second was his own report. Atty. Allyn disputes the governor’s order in reference to the first report. On Count 1- There were patrons in the bar finishing their drinks and were leaving. Count 2- (referring to 2nd report) Mr. Hill has cooking equipment and serves food. There was an assumption made that no one was eating. The Board of Health has recommended use of disposal utensils /dishes. On Count 3 (referring to 2nd report) customers not wearing masks. They have submitted the policy recommended by the American Pool Association. On Count 4- no response. On Count 5 (referring to 2nd report) he doesn’t understand the violation. Mr. Hill has a policy if you are not wearing a mask you are asked to leave the establishment. Mr. Hill (referring to 1st report) stated there was no alcohol after 11:30 PM. There were people in the bar that stayed there for the bartender’s safety. He has had approximately 72 complaints that the Board of Health has addressed and has done everything they have requested. He has spent $20,000.00 in upgrades and kitchen equipment. He has added more bartenders and door staff in the last year. He has tables 6 ft. apart. There are 12+ menu items. Commissioner Jez states that the temporary orders were allowing take-out only in the beginning. Atty. Allyn states the August order allows shareable foods. Commissioner Jez states we were going by the Governor’s orders and not to confuse the two. Atty. Allyn didn’t hear and he is just going by the orders on the letter. Chairman Martin states let’s keep to the timeline that correlates to the violations. Atty. Corridan states we are operating off the notices. Atty. Allyn states he has nothing more to say and moving on states the Commissioners should not find any violations. Commissioner Jez states if you go on the states website you can correlate the violation dates to the orders. Atty Allyn states he prepared to what was cited and asks for fair treatment and has answered all allegations. Chairman Martin reads Count 1- (Police Report 20CHI-1276-OF) Violation of Governor Baker’s COVID Order effective March 17, 2020 prohibiting on-premises consumption of alcohol commencing at 12:00 AM and asks for a finding. Commissioner Goulette makes a motion that Count 1 is founded. Commissioner Jez seconds. Motion approved 5-0. Chairman Martin reads Count 2- (Police Report 20CHI-4874-OF) 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. Commissioner Goulette makes a motion that Count 2 is unfounded. No second. Commissioner Jez makes a motion it’s founded. Commissioner Tarnowski seconds. Motion approved 4-1. Motion approved. Chairman Martin reads Count 3- (Police Report 20CHI-4874-OF) 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. Commissioner Jez makes a motion Count 3 is founded. Commissioner Goulette seconds. Motion approved 5-0. Chairman Martin reads Count 4- (Police Report 20CHI-4874-OF) 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. Commissioner Jez makes a motion Count 4 is founded. Commissioner Goulette seconds. Motion approved 5-0. Chairman Martin reads Count 5-(Police Report 20CHI-4874- OF) 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. Commissioner Jez makes a motion Count 5 is founded. Commissioner Goulette seconds. Motion approved 5-0. Commissioner Jez makes a motion for a 1 day suspension for Counts 1-5. There is no second. Commissioner Tarnowski makes a motion for a 1 day suspension for Counts 1, 2, 3 (3 day) and a warning for Counts 4 and 5. No second at this time. After some discussion in which Commissioner Goulette states that Covid is affecting all businesses and this needs to be a consideration. Chairman Martin understands the concerns and reminds the Commissioners the need to remember their duties as Commissioners and the common good of the citizens. Commissioner Jez makes a motion for a 1 day suspension for Counts 1, 2, 3 (3 day) and a warning for Counts 4 and 5. Commissioner Goulette seconds. Motion approved 5-0. The suspension will be served after Covid regulations are rescinded. Atty. Allyn objects to the decision. Chairman Martin makes note of the objection. This concludes the hearing. Hearing for Dug-Out Café- In attendance: Det. Michael Dion, Mr., Benoit did not attend. Det. Dion reads his report and Chairman Martin reads the violations which are as follows: Count 1- Chapter 138 §69- Sale or delivery to intoxicated persons; Count 2- 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 3- 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. Commissioners question if the bottle was purchased from a package store or the bar. Also there is nothing noted in the report that the individual was seen leaving the bar. The individual did indicate to police he was there and he is known to frequent the bar. Commissioner Goulette does try to call the bar and there is no answer. At this time Commissioners continue discussion. Commissioner Goulette makes a motion that Count 1 is founded. Commissioner Jez seconds. Motion approved 3-2. Commissioner Jez makes a motion that Count 2 is founded. Commissioner Goulette seconds. Motion approved 3-2. Commissioner Goulette makes a motion that Count 3 is founded. Commissioner Jez seconds. Motion approved 3-2. Commissioner Jez makes a motion for a 1 day suspension for each Count 1 and Count 2 There is no second. Commissioner Goulette makes a motion for a 1 day suspension for Counts 1-3 (3 days total). Commissioner Jez seconds. Motion approved 3-2. Commissioners Pasternak and Tarnowski oppose. The suspension will be served after Covid regulations are rescinded Proposal for a Special Event Permit for the Center Fresh Farmers Market- the application will be tabled until the applicant has all the signatures and can be present to answer all questions. Application for a Common Victualer license for Koffee Kup Bakery, 520 East St (new) Commissioner Tarnowski makes a motion to approve. Commissioner Pasternak seconds. Motion approved 5-0. Application for Automatic Amusements (1 Dart, 2 Pool Tables) for the Buffalo Club, 333 James St. Commissioner Jez makes a motion to approve. Commissioner Pasternak seconds. Motion approved 5-0. Application for a Mobile Common Victualer for Auntie Cathie’s Kitchen (new) Commissioner Jez makes a motion to approve. Commissioner Goulette seconds. Motion approved 5- 0. Application for a Mobile Common Victualer for Thai Chili (new) Commissioner Goulette makes a motion to approve. Commissioner Pasternak seconds. Motion approved 5-0. RENEWALS Common Victualer 2 Brothers Mini Mart, 830 Chicopee St Commissioner Jez makes a motion to approve. Commissioner Goulette seconds. Motion approved 5- 0. Mobile Common Victualer Fire House Hot Dogs Commissioner Tarnowski makes a motion to approve. Commissioner Pasternak seconds. Motion approved 5-0. Establish Farmer Markets fee- tabled until application is received for the Farmer Market Filing fees – no fees were presented this month. ABCC approvals -none Review of Police reports- none Correspondence – update of the plans pending for Center Park.