License Commission

FITCHBURG CITY CLERK BOARD OF LICENSE COMMISSIONERS Nov 10 2022 9:40 am Fitchburg City Hall, City Clerk’s Office 718 Main Street, Fitchburg MA 01420 Daniel Sarefield, Chairman Richard Boscardin John Zarrella MINUTES OF MEETING A meeting of the Board of License Commissioners was held on October 17, 2022 in the Fitchburg City Hall, 3rd floor Conference Room, Fitchburg, and called to order by Commissioner Sarefield at 6:00 PM. Commissioner Boscardin was present, Commissioner Zarrella was absent, and FPD Liaison Lieutenant Howe was absent. I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) The minutes of October 3, 2022, were approved by unanimous consent 2/0. II. NEW APPLICATIONS Special One Day License All Alcoholic Beverages Keith Russo, Marconi Club, for Special One Day all alcoholic beverages license for Marconi Club Benefit Fundraiser from 1:00 PM to 11:00 PM on November 26, 2022 for approximately 150 - 200 people at Senior Center, 14 Wallace Ave. Mr. Keith Russo, was present at the meeting. Marconi Club is a non-profit 501(c)(3), hosting event to generate revenue for the Marconi Club. Motion to approve the application was approved by unanimous roll call vote 2/0. Monday - Saturday Entertainment Permit Keith Russo, Marconi Club, for Marconi Club Benefit Fundraiser, for live acoustic music from 1:00 PM to 11:00 PM on November 26, 2022 for approximately 150 - 200 people at Senior Center, 14 Wallace Ave. Mr. Keith Russo, the applicant, was present at the meeting. Motion to approve the application for an entertainment license for the stated dates was approved by unanimous roll call vote 2/0 Tracy Daniell, Ethos Cannabis, for Halloween/ 2-year anniversary community event for live acoustic music from 11:00 AM – 8:00 PM on Friday October 28, 2022, for approximately 200 people at 20 Authority Drive. Ms. Tracy Daniell, the applicant, was present at the meeting, she noted hosting a community event with vendor truck for their customers. Page 1  Motion to approve the application for an entertainment license for the stated date was approved by unanimous roll call vote 2/0. New Restaurant, All Alcohol Beverage License Dario’s On Main Inc. 655 Main Street (Refer to a public hearing on November 9, 2022) Elmer Melendez, the applicant/ Corporate Officer, was in attendance. Application accepted and sent to public hearing of November 9, 2022 by roll call vote 2/0. Taxi / Livery Service Applications – NEW Jessica Ortiz – Ortiz Transportation LLC. Livery Service (New) Ms. Jessica Ortiz, the applicant, was present at the meeting. She noted that her transportation company will bring people to and from any appointments, work etc. Hoping to build daily, weekly, monthly fairs. Will be utilizing a software program to price all fares, wants to be competitive and a little less than a taxi service. Commissioner Sarefield asked if Ms. Ortiz had read the Fitchburg License Commission Regulations for Taxi & Livery Services. Ms. Ortiz stated that she had not. Commissioner Sarefield highlighted some important rules and regulations and provided her a copy of the regulations for to review. Motion to approve the application was approved pending a CORI inquiry by unanimous roll call vote 2/0. Taxi / Livery Application Operator Permit – NEW Jessica Ortiz – Ortiz Transportation LLC. Livery Service Driver (New) Ms. Jessica Ortiz, the applicant, was present at the meeting. She noted currently she is the only driver and has someone that will be working dispatch. The software program handles all calls and follows locations of all drivers. Motion to approve the application was approved pending a CORI inquiry by unanimous roll call vote 2/0. III. SUMMONS HEARING Kingston Island Cuisine, 480 Main Street Regarding Fitchburg Police Incident Report #22-33832-OF Commissioner Sarefield opened the Summons Hearing at 6:45 PM. Mr. Christopher Graham, the licensee/Manager of Record, and his attorney, Mr. James O’Connor, were present. Commissioner Sarefield apologized that Commissioner Zarrella and Lieutenant Howe were unable to attend tonight’s meeting due to personal family matters. Page 2  Attorney O’Connor asked if Mr. Ted Lappas, the building owner/landlord, had been summoned to the hearing, since he had provided the video. Mr. O’Connor stated that he should be at the hearing. Mr. Graham provided sales receipts and provided reports of purchases from his distributors. Commissioner Sarefield explained that the Board had received an incident report (#22-33832) from Lieutenant Howe, with video that appears to show Mr. Graham and others removing closed Corona beer boxes from the premises through the Putnam Street entrance between approximately 1:40 AM and 4:10 AM on six separate occasions between March 6 through August 13, 2022. The videos were reviewed. Attorney O’Connor, stated that the video does not make clear what is inside the boxes. Commissioner Sarefield asked the licensee to describe what was happening in the videos and what was in the boxes. Mr. Graham indicated that he was selling excess dishes and glassware from the restaurant in the boxes. Commissioners Sarefield and Boscardin noted that while the Board is sympathetic and seeks only to work with licensees to maintain compliance with the regulations, the Board must review this matter carefully because of the appearance of several potential violations of the license. Commissioner Sarefield indicated that the Board would continue this hearing at the next regular meeting on November 9, 2022 and would summons Mr. Lappas for the continuation of the Summons Hearing. Commissioner Sarefield closed the hearing at 7:48 PM Motion to continue the Summons Hearing at the next regular meeting on November 9, 2022 and to summons Mr. Lappas was approved by unanimous roll call vote of 2/0. IV. CORRESPONDENCE 1. Fitchburg Police Department Incident Report # 22-3854-IN regarding an incident at Tryst, 320 Main Street on September 17, 2022, Alarm System Activate, no Fire - Unintentional City Clerk to follow-up with Fire Chief on evacuation process when fire alarms are going off, will report back at the November 9, 2022 meeting. 2. Upper Common LLC. Upper Common LLC., DBA Boulder Drive Change of Stock or Ownership. City Clerk to follow up with City Solicitor and report back at the November 9, 2022, meeting. V. NEW BUSINESS There was no new business to discuss. The meeting adjourned at 8:10 PM Respectfully submitted, Joanna Bilotta, City Clerk Approved: __________________ ___________________ _________________ Daniel Sarefield Richard Boscardin John Zarrella Page 3