License Commission

Minutes of the Lowell License Commission meeting Thursday, March 22, 2012 Meeting convened at 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Raymond Weicker, Commissioner (presiding), Brian Akashian, Commissioner, Capt. Jack Webb of Lowell Police Dept., Eric Slagle, Asst. City Solicitor Absent: Walter Bayliss, Commission ⋅ The License Commission reviewed special one-day license applications for malt beverages & wines only, or either one Michael LaChance [present] of the Merrimack Repertory Theatre, premises at Liberty Hall, 50 East Merrimack Street, for theatrical performance scheduled Monday, March 26, 2012, concession half-hour prior to performance, and during 15 minute intermission th James O’Hearn [present] of the Pollard Library Foundation, 6 annual “Meet the Author” night featuring Dennis Lehane, Thursday, May 24, 2012 from 6 p.m. to 8 p.m. at the Memorial Hall, Pollard Memorial Library, 401 Merrimack St. Keomanee Lakongpheng [present] of temple Wat Lao Mixayaram of New England, Hellenic Cultural Center, 41 Broadway, New Year, temple Wat Lao Mixayaram of New England, Saturday, March 31, 2012, 6 p.m. to 12 midnight Monica Azevedo [present], Catering Manager for Aramark, Allen House, South Campus, UMass-Lowell, Eika Hunt reception, Saturday, March 31, 2012, 5:00 p.m. to 8:00 p.m. Motion by Commissioner Akashian, second by Commissioner Weicker, to grant special one-day licenses for malt beverages & wines only, or either one; vote: ayes C. Akashian, C. Weicker ⋅ The License Commission reviewed special one-day license applications for all alcoholic beverages Fernando Sousa [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village St. Fri., April 6, 2012 from 5 p.m. to 1:30 a.m., Holy Ghost Society Cantoria Sat., April 7, 2012 from 9 p.m. to 2 a.m., Brazilian Night In lieu of license granted and issued to Fernando Borba on February 2, 2012 for St. John Queen’s Ball, April 28, 2012, request that license be amended to date of Sat., May 5, 2012 from 6 p.m. to 2 a.m., and licensee to Fernando Sousa. Sat., April 28, 2012 from 5 p.m. to 2 a.m., Holy Ghost fundraiser Sat., September 1, 2012 from 3 p.m. to 1 a.m., Loreto Feast Sun., September 2, 2012 from 2 p.m. to 1 a.m., Loreto Feast Mon., September 3, 2012 from 2 p.m. to 10 p.m., Loreto Feast Motion by Commissioner Akashian, second by Commissioner Weicker, to grant special one-day licenses for all alcoholic beverages; vote: ayes C. Akashian, C. Weicker ⋅ The Commission reviewed the special events permit for amplified outdoor public entertainment applications Fernando Sousa [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village St. Holy Ghost Society Loreto Feast, Sat., September 1, 2012 from 3 p.m. to 12 mid., Sun., Sept. 2, 2012 from 2 p.m. to 10 p.m., Mon., Sept. 3, 2012 from 2 p.m. to 10 p.m. Commissioner Akashian advised Mr. Sousa of monitoring the volume during the Labor Day weekend celebration. Motion by Commissioner Akashian, second by Commissioner Weicker, to grant the special event permits for amplification at Holy Ghost Park for September 1, 2, and 3, 2012; vote: ayes C. Akashian, C. Weicker ⋅ The Commission opened the public hearing on the application for the transfer of the malt beverages & wines only Restaurant license [#063000291] from Li & Li, LLC, d/b/a Grace Garden, Zhen Huan Li, Manager, to Kevin Wong, d/b/a Foody Goody Asian Restaurant, premises at 101 Lakeview Ave. The following individuals were present: Kevin Wong, Atty. Kaleb Pan of Andover, MA, legal counsel to Mr. Wong, the applicant. Atty. Pan stated that Mr. Wong had a restaurant in Springfield, MA; he has SAFE training, and has liability insurance. Commissioner Akashian questioned as a manager of a restaurant, he is knowledgeable of laws on service of alcohol beverages. Atty. Pan and Mr. Wong acknowledged that he (Mr. Wong) has received training on service of alcoholic beverages. The Commission opened the hearing for public comment. Ms Lu Richards of the Centraville Neighborhood Association spoke in favor of the application. Ms Burke, an abutter to the restaurant, spoke in opposition; she stated that she had attended the hearing last year when the owner [Li & Li, LLC, Zhen Huan Li, Manager] of the restaurant applied for the license, and spoke in opposition to the application. Atty. Pan stated that employees are TIPS trained; Mr. Wong will not extend the hours for the restaurant; presently the hours are 11 a.m. to 10 p.m. License Commission meeting March 22, 2012 page 1 o f 4 Commissioner Akashian stated that if there is any change in the business model, you [Mr. Wong] are to let the License Commission know. Commissioner Weicker stated 11 years experience in managing restaurant. Motion by Commissioner Akashian, second by Commissioner Weicker, to grant the transfer of the malt beverages & wines only restaurant license from Li & Li, LLC to Kevin Wong, for premises at 101 Lakeview Ave., unnumbered doors south, east, north sides of building; dining room and kitchen of one-story building; basement for storage only, for the license year to expire December 31, 2012; vote: ayes – C. Akashian, C. Weicker. ⋅ The Commission reviewed the application for Old Gold, Silver, Platinum license, and the application for Second Hand Articles license by Evangelia Papadakis, d/b/a US Gold & Silver Exchange, for premises at 219 Central Street. Evangelia Papadakis was present; she was accompanied by her son. Mrs. Papadakis stated that she had a business in Florida dealing in precious metal. Commissioner Weicker asked if there had been a problem in law enforcement. Her son stated none. Commissioner Weicker questioned if an appointment had been made with the Lowell Police Dept. to guidelines for daily reports to be filed. Mrs. Papadakis and her son were to review the guidelines with the Lowell Police Dept. Motion by Commissioner Akashian, second by Commissioner Weicker, to grant license for Old Gold, Silver, Platinum, and license for Second Hand Articles license to Evangelia Papadakis for premises at 219 Central Street, for the license period to expire April 30, 2012; vote – ayes: C. Akashian, C. Weicker ⋅ The Commissioner reviewed the application by Thanh Tran for license for public amusement for Billiards and Pool for premises at 1558 Middlesex Street rear, request license for two (2) tables. Thanh Tran was present; he stated that he is renting the rear of building at 1558 Middlesex Street; there is a coffee shop with two pool tables. Captain Webb stated that he had spoken with Mr. Tran; Capt. Webb stated that he had observed alcohol beverages sales, and gaming activity on a recent inspection [January 28, 2012] of the premises. Capt. Webb stated that he had advised Mr. Tran to stop that activity; there has been no evidence since that time. Commissioner Akashian stated that the License Commission will schedule a public hearing; residents in the vicinity will be notified. Mr. Tran stated that operating hours are 3 p.m. to 12 midnight; there have been no more than 15 [patrons at any one time]. Motion by Commissioner Akashian, second by Commissioner Weicker, a public hearing on Mr. Tran’s application for Thursday, April 12, 2012 at 6:30 p.m., to be held in the Council Chamber; vote – ayes: C. Akashian, C. Weicker. ⋅ The Commission reviewed the written request from Atty. George C. Eliades, Jr., dated March 16, 2012, to continue hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against The Middle Street Village, Inc., d/b/a The Village Smokehouse, all alcoholic beverages Restaurant licensee at 92-98 Middle Street – sales of alcoholic beverages to two (2) intoxicated patrons the morning of February 4, 2012. Atty. Eliades also wrote that he is requesting additional information on the complaint that the Superintendent of Police may have. Motion by Commissioner Akashian, second by Commissioner Weicker, it was voted grant a continuance of the hearing per request of Atty. Eliades to the meeting of April 12, 2012 at 6:30 p.m. The Commission advised Asst. Solicitor Slagle about the police department responding to Atty. Eliades request for information. ⋅ The Commission opened the hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Resendes Incorporated, d/b/a Red Line Pub & Grill, all alcoholic beverages Restaurant licensee at 1018 Gorham Street – disturbance on the licensed premises the morning of February 11, 2012. John Resendes, manager of record for Resendes Incorporated, and Atty. John Hartigan, legal counsel for the licensee, were present. Lowell Police Officers Sgt. James Michael Fay, and Detective Todd Anthony Fenlon were present. Atty. Hartigan waived reading of complaint. Asst. City Solicitor Slagle reads complaint, cites dangerous conditions on premises. Commissioner Weicker asked who is to testify. Asst. Slagle states two assaults witnessed by staff members; [Lowell police] did not respond to the first incident, [allegation] cause for the second incident to take place. Sgt. Fay stated that he responded at 12:25 a.m. to a call for fight, facing the front, kicked the door in . . . the door had a “dead bolt,” the door is for service. The main entrance is recessed which initially had not been seen by Sgt. Fay. Asst. Solicitor Slagle questioned the legality of the dead bolt [for the service door. Atty. Hartigan submitted a floor plan of the Red Line Pub; explanation of the legal egress, means of access; the licensee is working with the Building Department; the door is a service door, door off-set with a dead bolt; there are two means of egress, all that was necessary; police first responder sought access thru service door. License Commission meeting March 22, 2012 page 2 o f 4 Commissioner Akashian asked Mr. Resendes about an exit sign. Mr. Resendes stated that there is no exit sign for the service door. Asst. Solicitor Slagle stated that letter from Atty. Hartigan should not be given any weight, not under oath, and no way addresses violation. Detective Fenlon stated that he was assigned to investigate, the bartender who was working came down to the station, she explained the incident, they (bartender/employees) did not call police. Detective Fenlon stated that he spoke to the victim of the assault. Upon being questioned by Asst. Solicitor Slagle, Det. Fenlon stated that he has not spoken to the victim of the second assault. Commissioner Akashian questioned Emanuel Sousa on the promotion of “bolly swag” at the Red Line Pub. There were two assaults [within] ½ hour, and no contact with the police department. Mr. Resendes was questioned by Commissioner Akashian . . . C. Akashian states people are instructed to leave, respond after second fight, an employee of three years. Commissioner Weicker question to Det. Fenlon . . . the police officer did not know who was involved in the second incident. Commissioner Akashian question to Captain Webb of the “Trainview” record . . . Capt. Webb stated that he was not aware of record. Asst. Solicitor Slagle stated that [police] routine response to the address, admission of evidence, rule and regulation violation Commissioner Weicker stated call to police, calm crowd, to turn lights on, violation of local regulation, photos clear, solid door – no sign, [premises] passed inspection, do not want to second guess, do not find fault on the door but on not calling [police], a violation for not making the call. Commissioner Akashian stated history of establishment, clean, but Mr. Sousa . . . have to make the call, aware of what is going on in the City, find violation of rule 25, relative to the door no violation. Motion by Commissioner, second by Commissioner Weicker, for violation of License Commission regulation # 25, it was voted to suspend for seven (7) days the all alcoholic beverages Restaurant license, common victualler license, entertainment license for restaurant, and license for automatic amusement device granted and issued to Resendes Incorporated for calendar year 2012; furthermore, to hold in abeyance five (5) days of the seven (7) days suspension for one (1) year [March 22, 2013]; ayes C. Akashian and C. Weicker; days of closure: Tuesday, May 1, and Wednesday, May 2, 2012 per order of License Commission. The Commission reviewed the communication from Christine O’Connor, City Solicitor, re City Council endorsement of revised rules and regulations of the City of Lowell License Commission governing the sale of alcoholic beverages. Commissioner Akashian stated that he thought it would be appropriate, and suggested that it be asked of the City Solicitor when she would be available to meet with the Commission; Commissioner Weicker agreed. Motion voted to send request for dates City Solicitor is available to meet with the License Commission. Motions of Commissioner Raymond Weicker, to wit: A motion to review the fees associated with licenses in the City of Lowell. To include a comparative study, by the Executive Secretary, of Lowell compared to both surrounding towns (Billerica, Chelmsford, Dracut, Tewksbury, Tyngsboro) as well as comparable sized cities (Worcester, Springfield) A motion to review revenue generated thru all licensed activities in the City, to include property taxes paid at any location holding any form of license issued. A motion to table any proposed regulatory changes until such time as the Commission has received a response to the requested information from the February 2, 2012 meeting of the License Commission and had an opportunity to review same. There was no action taken on motions of Commissioner Weicker. The Commission ratified hearing date of April 12, 2012 for the application for change of license type from Malt Beverages & Wines only to All Alcoholic Beverages by Q & Q Restaurant, Inc., d/b/a China Buffet, Amy Qing Lin, Secretary, for premises at 203 Plain Street. The Commission voted to cancel the all alcoholic beverages restaurant license, common victualler license, and entertainment license for restaurant granted and issued to Marev Corp. for 2012 upon review of the settlement agreement effective March 1, 2012 between Econ Realty Corporation and Thomas Economou, individually, and Marev Corp. and Mark Girolamo, individually, regarding property at 197 Market St., Lowell License Commission meeting March 22, 2012 page 3 o f 4 The Commission ratified hearing date of April 12, 2012 for the application by CB Enterprises Inc., d/b/a Majors Pub for change of location of license for all alcoholic beverages Restaurant from 34 Jackson St., to 197 Market St. Adjournment voted at 8:00 p.m. Executive Secretary-License June 14, 2012 License Commission meeting March 22, 2012 page 4 o f 4