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License Commission

Regular Meeting

Fitchburg, MA · September 6, 2023

AgendaMinutes

Minutes

BOARD OF LICENSE COMMISSIONERS City Hall, 718 Main Street FITCHBURG CITY CLERK Fitchburg MA 01420 Sep 27 2023 3:08 pm (978) 829-1820 3:08 pm, Sep 27, 2023 Daniel Sarefield, Chairman Richard Boscardin John Zarrella MINUTES OF MEETING A regular meeting of the Board of License Commissioners was held on Wednesday, September 6, 2023 and called to order by Commissioner Sarefield at 6:00 PM. Commissioner Boscardin was present. Commissioner Zarrella was absent. FPD Liaison Lieutenant Jeffrey Howe and City Clerk Joanna Bilotta and Assistant City Clerk Elizabeth McNiff were present. I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) The minutes of August 23, 2023 were approved by roll call vote 2/0. II. NEW APPLICATIONS Please note that the Commission may enter into Executive Session pursuant to G.L. c. 30A, sec. 21(a) (5) (Discussion of CORI results), if required during this portion of the Agenda, and will return to regular session upon completion. Solicitor Applications Abigail Sarante – Trinity Solar Inc. Ms. Sarante was absent at the meeting. Application to be moved to September 18, 2023 meeting approved by unanimous roll call vote 2/0. Monday- Saturday Entertainment Permit Shane Franzen, Fitchburg State University, Ross Parking Lot, 160 Pearl Street, for DJ, Carnival Rides, Friday, November 3, 2023, from 5:00 PM to 10:00 PM for approximately 1000 people. Mr. Franzen was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Shane Franzen Fitchburg State University, Civic Center Upper Lot, 160 Pearl Street, for DJ, Saturday, November 4, 2023, from 11:00 AM to 4:00 PM for approximately 300 people. Page 1 Mr. Franzen was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Jeramy Torres Pagon, Iglesia Levontando Las Manos Caidas, Upper Common, 857 Main Street, for live amplified music, Saturday, September 16, 2023, from 9:00 AM to 7:00 PM, for approximately 45 people. Mr. Torres Pagan was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Amended the time to ending at 5:30 PM. Amended application approved by unanimous roll call vote 2/0 Michael J. Roberts, LUK Crisis Center Inc., Saima Park, 61 Scott Road, for live acoustic and amplified music, Saturday, September 23, 2023, from 1:00 PM to 6:00 PM for approximately 200 people. Mr. Roberts was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 James Bunnell, Fitchburg Parks & Recreation Department, 718 Main Street (Outside Lawn), for movies, annually, for approximately 25-40 people. Mr. Bunnell was absent at the meeting. City Clerk Joanna Bilotta spoke on his behalf, informing the commission that he is changing the location on his annual permit from Crocker Field to 718 Main Street outside lawn. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Achla Madan, Fitchburg Blacksmith Art & Music Festival, Riverfront Park, 0 Boulder Drive, for live band, Saturday, September 30, 2023, from 7:00 AM to 7:00 PM for approximately 400 people. Ms. Madan was absent at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Fiesta Shows, 254 Summer Street, for the St. Bernard’s Carnival to include amusement rides and games on Thursday, September 7th and Friday, September 8, 2023, 6:00 PM – 11:00 PM, Saturday, September 9, 2023, 12:00 PM to 11:00 PM. Page 2 Mr. Flynn was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Sunday Entertainment Permit Katherine Marsh, Legends Bar & Grill, 68 Airport Road #10, for live amplified music, Sunday, September 24, 2023, from 12:00 PM to 5:30 PM for approximately 100 people. Ms. Marsh was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Fiesta Shows, 254 Summer Street, for the St. Bernard’s Carnival to include amusement rides and games on Sunday, September 11, 2023, from 1:00 PM to 11:00 PM. Mr. Flynn was present at the meeting. Commissioner Sarefield reviewed application and verified the times. Application approved by unanimous roll call vote 2/0 Special One Day All Alcoholic Beverage License Katherine Marsh & Zach’s Goal Organization, Legends Bar & Grille, 68 Airport Road #10, All Alcoholic Beverage License, Sunday, September 24, 2023, from 12:00 PM to 5:30 PM for approximately 100-120 people. Ms. Marsh was present at the meeting. Commissioner Sarefield reviewed application and verified that all servers are TIPS Certified and need to use Wholesale distributors. Application approved by unanimous roll call vote 2/0. Special One Day Wine & Malt Beverage License Michael J. Roberts, LUK Crisis Center Inc., Saima Park, 61 Scott Road, for Wine & Malt Beverage License, Saturday, September 23, 2023, from 1:00 PM to 6:00 PM for approximately 200 people. Mr. Roberts was present at the meeting. Commissioner Sarefield reviewed application and verified that all servers are TIPS Certified and need to use Wholesale distributors. Application approved by unanimous roll call vote 2/0. Page 3 Roy Nascimento, North Central Massachusetts Chamber of Commerce, 860 South Street, for Wine & Malt Beverage License, Wednesday, September 05, 2023, from 3:00 PM to 5:00 PM for approximately 50-60 people. Mr. Nascimento was present at the meeting. Commissioner Sarefield reviewed application and verified that all servers are TIPS Certified and need to use Wholesale distributors. Application approved by unanimous roll call vote 2/0. Change of Manager Laura A. Bayless, Fitchburg State University Falcon Hub, 160 Pearl Street Ms. Bayless was present at the meeting. Commissioner Sarefield reviewed application and that Ms. Bayless was tip certified. Application approved by unanimous roll call vote 2/0. III. PUBLIC HEARING Application for Transfer of Annual All Alcohol Beverage Licensed Om & Mahi Corporation, DBA Peerless Package Store from Peerless E C Inc., 528 John Fitch Highway Commissioner Sarefield open the public hearing at 6:38 PM Mr. Patel and his attorney Mr. Porter were present at the meeting and shared his plans for the business with the commission. Mr. Porter informed the commission that he was making no changes to the hours or building. Commissioner Sarefield informed them to make a change to the ABCC application that was handwritten. There was no public comment opposed. Public Hearing was closed at 6:39 PM Application approved by unanimous roll call vote 2/0 IV. SUMMONS HEARING Majors Cafe, Ellen Griffin, 149 Lunenburg Street Page 4 Officer McCue and Garcia provided a detail report of alleged violations of the late night closing permit. Ms. Griffin was present at the meeting, and stated her recollection of the evening. Commissioner Sarefield and Commissioner Boscardin rolled back the late night closing permit to 1AM and also suspended her license for 3 days. Majors Café would be closed Friday, September 8, 2023, Saturday, September 9, 2023 and Sunday, September 10, 2023. The commissioners also informed Ms. Griffin that should any problem arise the most important thing to do is contact the police immediately. 3 day suspension and late night closing permit revocation approved by unanimous roll call vote 2/0. V. CORRESPONDENCE There was no correspondence. VI. NEW BUSINESS NEXT REGULAR MEETING Monday, September 18, 2023 The meeting adjourned at 8:01 PM Respectfully submitted, Joanna Bilotta, City Clerk Approved: __________________ ___________________ ___________________ Daniel Sarefield Richard Boscardin John Zarrella Page 5

Agenda

Filed in the City Clerk’s Office: CITY OF FITCHBURG NOTICE OF PUBLIC MEETING 3:24 pm, Sep 06, 2023 BOARD OF LICENSE COMMISSIONERS MEETING MEETING DATE: Wednesday, September 06, 2023 MEETING TIME: 6:00 ☐AM ☒PM FITCHBURG CITY HALL 718 MAIN STREET FITCHBURG, MA 01420 MEETING PLACE: 3RD FLOOR CONFERENCE ROOM I. REVIEW AND APPROVAL OF MINUTES OF PRIOR MEETING(S) 1. Special Meeting Minutes of August 23, 2023 II. NEW APPLICATIONS Please note that the Commission may enter into Executive Session pursuant to G.L. c. 30A, sec. 21(a) (5) (Discussion of CORI results), if required during this portion of the Agenda, and will return to regular session upon completion. Solicitor Application Abigail Sarante – Trinity Solar Inc. Monday – Saturday Entertainment Permit Shane Franzen, Fitchburg State University, Ross Parking Lot, 160 Pearl Street, for DJ, Carnival Rides, Friday, November 3, 2023, from 5:00 PM to 10:00 PM for approximately 1000 people. Shane Franzen Fitchburg State University, Civic Center Upper Lot, 160 Pearl Street, for DJ, Saturday, November 4, 2023, from 11:00 AM to 4:00 PM for approximately 300 people. Jeramy Torres Pagon, Iglesia Levontando Las Manos Caidas, Upper Common, 857 Main Street, for live amplified music, Saturday, September 16, 2023, from 9:00 AM to 7:00 PM, for approximately 45 people. Michael J. Roberts, LUK Crisis Center Inc., Saima Park, 61 Scott Road, for live acoustic and amplified music, Saturday, September 23, 2023, from 1:00 PM to 6:00 PM for approximately 200 people. James Bunnell, Fitchburg Parks & Recreation Department, 718 Main Street (Outside Lawn), for movies, annually, for approximately 25-40 people. *Please note: Massachusetts Open Meeting Law requires that all topics that the Chair reasonably anticipates must be listed and that the list of topics must be sufficiently specific to reasonably inform the public of the issues to be discussed at the meeting. CITY OF FITCHBURG NOTICE OF PUBLIC MEETING Achla Madan, Fitchburg Blacksmith Art & Music Festival, Riverfront Park, 0 Boulder Drive, for live band, Saturday, September 30, 2023, from 7:00 AM to 7:00 PM for approximately 400 people. Fiesta Shows, 254 Summer Street, for the St. Bernard’s Carnival to include amusement rides and games on Thursday, September 7th and Friday, September 8, 2023, 6:00 PM – 11:00 PM, Saturday, September 9, 2023, 12:00 PM to 11:00 PM. Sunday Entertainment Permit License Katherine Marsh, Legends Bar & Grill, 68 Airport Road #10, for live amplified music, Sunday, September 24, 2023, from 12:00 PM to 5:30 PM for approximately 100 people. Fiesta Shows, 254 Summer Street, for the St. Bernard’s Carnival to include amusement rides and games on Sunday, September 11, 2023, from 1:00 PM to 11:00 PM. Special One Day All Alcoholic Beverage License Katherine Marsh & Zach’s Goal Organization, Legends Bar & Grille, 68 Airport Road #10, All Alcoholic Beverage License, Sunday, September 24, 2023, from 12:00 PM to 5:30 PM for approximately 100-120 people. Special One Day Wine & Malt Beverage License Michael J. Roberts, LUK Crisis Center Inc., Saima Park, 61 Scott Road, for Wine & Malt Beverage License, Saturday, September 23, 2023, from 1:00 PM to 6:00 PM for approximately 200 people. Roy Nascimento, North Central Massachusetts Chamber of Commerce, 860 South Street, for Wine & Malt Beverage License, Tuesday, September 12, 2023, from 3:00 PM to 5:00 PM for approximately 50- 60 people. Change of Manager Laura A. Bayless, Fitchburg State University Falcon Hub, 160 Pearl Street III. PUBLIC HEARING Application for Transfer of Annual All Alcohol Beverage Licensed Om & Mahi Corporation, DBA Peerless Package Store from Peerless E C Inc., 528 John Fitch Highway *Please note: Massachusetts Open Meeting Law requires that all topics that the Chair reasonably anticipates must be listed and that the list of topics must be sufficiently specific to reasonably inform the public of the issues to be discussed at the meeting. CITY OF FITCHBURG NOTICE OF PUBLIC MEETING IV. SUMMONS HEARING Majors Cafe, Ellen Griffin, 149 Lunenburg Street V. CORRESPONDENCE VI. NEW BUSINESS NEXT REGULAR MEETING Monday, September 18, 2023 Joanna Bilotta-Simeone, City Clerk *Please note: Massachusetts Open Meeting Law requires that all topics that the Chair reasonably anticipates must be listed and that the list of topics must be sufficiently specific to reasonably inform the public of the issues to be discussed at the meeting.

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