License Commission

BOARD OF LICENSE COMMISSIONERS City Hall, 718 Main Street F I T C H B U R G C I T Y C L E R K Fitchburg MA 01420 Apr 20 2023 8:06 am (978) 829-1820 Daniel Sarefield, Chairman Richard Boscardin John Zarrella MINUTES OF MEETING A regular meeting of the Board of License Commissioners was held on Monday, April 3, 2023 and called to order by Commissioner Sarefield at 6:05 PM. Commissioner Boscardin and Commissioner Zarrella were present. FPD Liaison Lieutenant Jeffrey Howe and City Clerk Joanna Bilotta were present. I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) The minutes of March 20, 2023 were approved by roll call vote 3/0. I. NEW APPLICATIONS Special One Day Wine & Malt License Jeff McVoy, Compass Group NA – DBA Chartwells Dining Services, Fitchburg State University Hammond Building, Main Lounge, 160 Pearl Street, April 27, 2023, from 5:00 PM to 9:00 PM. Approximately 115 people, for wine and malt license. Mr. McVoy was present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications and will be using Atlas Wholesale and M.S. Walker Distributor’s. Application approved by unanimous roll call vote 3/0 Jeff McVoy, Compass Group NA – DBA Chartwells Dining Services, Fitchburg State University Recreation Center, 130 North Street, May 5, 2023, from 7:00 PM to 11:00 PM. Approximately 200 people, for wine and malt license. Mr. McVoy was present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications and will be using Atlas Wholesale and M.S. Walker Distributor’s. Application approved by unanimous roll call vote 3/0 Jeff McVoy, Compass Group NA – DBA Chartwells Dining Services, Fitchburg State University Hammond Building, Main Lounge, 160 Pearl Street, June 2, 2023, from 5:00 PM to 8:00 PM. Approximately 100 people, for wine and malt license. Mr. McVoy was present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications and will be using Atlas Wholesale and M.S. Walker Distributor’s. Application approved by unanimous roll call vote 3/0 Page 1 Michael Roy, The Cellar, 14 Mill Street, April 15th, 29th, May 6th, 13th, 27th, June 10th 24th, July 8th, 22nd, August 5th, 19th, 19th, September 2nd, 16th, 30th, October 14th, & 28th, from 4:00 PM – 12:00 AM, for wine and malt license. Mr. Roy was present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications. Motion to continue application to a special meeting on Friday, April 7, 2023, at 11:00 AM approved by unanimous roll call vote 3/0 Special One Day All Alcoholic Beverages License Cathleen O’Neil, Fitchburg High School Class Reunion, Saima Park, 67 Scott Road, June 10, 2023, from 2:00 PM to 8:00 PM. Approximately 50 people, for all alcoholic beverages. Ms. O’Neil was present at the meeting. Commissioner Sarefield reviewed application and verified all servers have TIP certifications and to utilize a wholesale distributor from the list provided. Application approved by unanimous roll call vote 3/0 Monday - Saturday Entertainment Permit Elisa French, Coggshall Park, 159 Electric Avenue, April 29, 2023, from 12:00 PM to 12:30 PM. Wedding Ceremony, approximately 35 people, for live amplified music. Ms. French was present at the meeting. Commissioner Sarefield reviewed application and verified times for the music. They amended the Time to 12:00 PM to 1:00 PM. Amended application approved by unanimous roll call vote 3/0. Shara Osgood, Lowe Park Chalk Art Festival, Lowe Park, 174 Elm Street, May 13, 2023, from 11:00 AM to 5:00 PM. Approximately 50 people, for live acoustic music. Ms. Osgood was present at the meeting. Commissioner Sarefield reviewed application and verified times for the music. Ms. Osgood informed the commission of a rain date of May 20, 2023. Application approved by unanimous roll call vote 3/0 Savannah Amoral, Crossroads Community Church, Goodrich Park, 111 Goodrich Street, May 6, 2023, from 3:00 PM to 7:00 PM. For live amplified music. Ms. Amoral was not present at the meeting. Application approved by unanimous roll call vote 3/0 Savannah Amoral, Crossroads Community Church, Green Street Park, 55 North Street, May 26, 2023, from 3:00 PM to 7:00 PM. For live amplified music. Ms. Amoral was not present at the meeting. Application approved by unanimous roll call vote 3/0 Page 2  Michael Roy, The Cellar, 14 Mill Street, April 15th, 29th, May 6th, 13th, 27th, June 10th 24th, July 8th, 22nd, August 5th, 19th, September 2nd, 16th, 30th, October 14th, & 28th, from 4:00 PM – 12:00 AM, for Live acoustic music. Ms. Roy was present at the meeting. Commissioner Sarefield reviewed application and verified all dates and times for the music. Motion to continue application to a special meeting on Friday, April 7, 2023, at 11:00 AM approved by unanimous roll call vote 3/0. Early Sunday Opening Permit Leslie Colon, Dario’s Diner Inc. DBA El Toro Steakhouse, 187 River Street, permission to serve alcoholic beverages on Sunday beginning at 10:00 AM as allowed by M.G.L Ch. 138 S33B Ms. Colon was present at the meeting. Commissioner Sarefield reviewed application and verified time for the Sunday permit per M.G.L CH. 138 S, 33B. Application approved by unanimous roll call vote 3/0 Transfer of Licensed Premises Krish Liquor, Inc., from E. Failte, Inc., DBA Bill Bailey’s Package Store (Refer to a Public Hearing Wednesday April 19.) Mr. Patel shared with the commission that he will not be changing anything at current location. Application was moved to a Public Hearing on Wednesday, April 19, 2023. Alteration of Licensed Premises Continuation: The Graham Witherspoon Companies, LLC DBA, Kingston Island Cuisine 480 & 488 Main Street. Mr. Graham and Mr. Green were present at the meeting. Mr. Green shared that he is going to add the partners name to the liquor license. Request to withdraw this application and will be issuing new application to change the name of the LLC and Change Corporate Name, Change of Officers. II. SUMMONS HEARING Topp’s Liquors, 128 Water Street, regarding Fitchburg Police Incident Report #23-10874 Mr. & Mrs. Patel and Attorney Pearlman were present at the meeting. Mr. Pearlman spoke of behalf of the Patel’s and apologizes for the selling of the flavor vapes, it was wrong and they are taking full responsibility for their actions and will not do it again. The commission thanked the applicants for their honesty. Motion to suspend for two days held in abeyance for one year from today. Approved by unanimous roll call vote 3/0. Page 3  Mill City Pub, 19 Airport Road, regarding Fitchburg Police Incident Report #23-10877 Lt. Howe provided a detail of the incident report of a customer being over severed with the serving of 3 IPA’s and two shots within a two hour time period, the customer left the establishment and was in a car accident down road. General Manager Mr. Champagne explained that the customer was severed two IPA’s and two shots between 5:00 PM – 7:00 PM. They noticed him getting intoxicated so they provided water and food from 7:00 PM through 8:39 PM. The customer had a service dog, which he put in his vehicle and he stayed in the vehicle with the dog. As soon as security turned away he started the car and left the establishment. Officer Dawson came to the location and they explained what had just happened as they were compiling information to call the Police Department, and then Officer Gilot showed up at the location as well, they explained to him what had just happened and then officer Gilot went to the scene of the car accident. The commission took no action regarding the Police Incident Report #23-10877 approved by unanimous roll call vote 3/0. III. CORRESPONDANCE ABCC Actions On file with the City Clerk’s Office IV. NEW BUSINESS NEXT REGULAR MEETING Wednesday, April 19, 2023 The meeting adjourned at 7:56 PM Respectfully submitted, Joanna Bilotta, City Clerk Approved: __________________ ___________________ ___________________ Daniel Sarefield Richard Boscardin John Zarrella Page 4