License Commission

Minutes of License Commission meeting, Thursday, April 12, 2012, convened at 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Walter Bayliss, Commissioner, presiding, Commissioner Raymond Weicker, Commissioner Brian Akashian, Captain Jack Webb of the Lowell Police Department, Eric Slagle, Asst. City Solicitor The Commission reviewed the public amusement applications filed by Thomas McKay – Mill City Management, Inc. for events at Lowell Memorial Auditorium, 50 East Merrimack St. Kira Walz was present, as representative for the Auditorium. Motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to approve licenses for the event applications: Show, Colin & Brad: Two Man Group, Friday, April 13, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Show, Girls Nite the Musical, Saturday, April 14, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Concert, Daughtry Concert, Monday, April 23, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Show, Super Scientific Circus, Tuesday, April 24, 2012, 10:00 a.m. to 1:00 p.m., MCMP, promoter Show, 100 Years of Broadway, Thursday, May 3, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Show, Burn the Floor, Tuesday, May 8, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Boxing, Irish Joe McCreedy Boxing, Wednesday, May 9, 2012, 8:00 p.m. to 11:00 p.m., CFC Promotion, promoter Show, Weird Al, Thursday, May 10, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Concert, Blood, Sweat & Tears Concert, Thursday, June 7, 2012, 8:00 p.m. to 11:00 p.m., MCMP, promoter Show, MCC Celebrity Forum, Friday, June 15, 2012, 8:00 p.m. to 11:00 p.m., Middlesex Community College, promoter Show, Live, Laugh, Love Comedy Benefit, Friday, June 22, 2012, 8:00 p.m. to 11:00 p.m., Kristin Corbett Scholarship Fund, promoter The Commission reviewed the public amusement application for Fair by Saint Margaret School, Rev. Raymond P. Benoit; the event, St. Margaret School Family Festival, is to take place on school grounds @ 486 Stevens Street, , Wed., April 18, 6 p.m. to 9 p.m.; Thurs., April 19, 6 p.m. to 10 p.m.; Fri., April 20, 6 p.m. to 10 p.m.; Sat., April 21, 2012, 12 p.m. to 10 p.m.; East Coast Amusements, LLC, promoter. Danielle Caron was present, as representative of Saint Margaret School. Motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to approve license. The Commission reviewed special one-day license applications for malt beverages & wines only, or either one James J. Jeffers [present] for 119 Gallery, 119 Chelmsford Street, 119 Gallery Benefit Anthology Performance, Thursday, May 3, 2012, 7:00 p.m. to 11:00 p.m. Felicia M. Sullivan [present] for 119 Gallery, 119 Chelmsford Street, 119 Gallery Benefit Anthology Performance, Friday, May 4, 2012, 7:00 p.m. to 11:00 p.m. The Chairman advised each applicant to have the local police number available if there is need to call. Motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to approve licenses. The Commission reviewed applications for special events permit for amplified outdoor public entertainment from Theodore Panagiotopoulos [present] of Athenian Corner Restaurant and Lounge, Inc., sound system for musician(s), band, on the patio, enclosed private parking lot adj. 207 Market Street, April thru September 2012; [per city ordinance] Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 midnight; and from Sambath Bo [present] of Clemente Park Committee, CMAA, sound system for band, traditional musicians, public address, Cambodian New Year Celebration, Cambodia Town & Clemente Park Committee kick-off, Sunday, April 15, 2012, 12 noon to 5 p.m., at Roberto Clemente Park, 803 Middlesex Street. Tom Bellegarde addressed License Commission, spoke favorably of the event to take place at Clemente Park. Motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to approve special events permits. The Commission opened the hearing on 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 199 Plain Street, unit #4, formerly 203 Plain Street. The following individuals were present: Qiong Lin, manager of record for Q & Q Restaurant, Inc., and Atty. Chris Coleman, legal counsel for the licensee. No remonstrants appeared. Ms Lin stated that the restaurant will have a service bar, and that beverages will be served by a wait-staff. Motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to grant an all alcoholic beverages restaurant license to Q & Q Restaurant, Inc. for premises at 199 Plain St., unit # 4, formerly 203 Plain St., for the calendar year to expire December 31, 2012. For cancellation upon approval by Alcoholic Beverages Control Commission will be the malt beverages & wines restaurant license issued to Q & Q Restaurant, Inc. for calendar year 2012. Meeting of License Commission April 12, 2012 The Commission opened the hearing on the application by CB Enterprises Inc., d/b/a Majors Pub, Corey Belanger, President, for change of location of license for all alcoholic beverages Restaurant from 34 Jackson St., to 197 Market St. Corey Belanger was present; Mr. Belanger requested a continuance of the hearing because the landlord is unable to be present, indisposed after a medical procedure. Commissioner Akashian suggested that public comment be allowed. Asst. Solicitor Slagle offered suggestion on public comment. Commissioner Akashian stated an explanation of the business’s history, and the same type of business to be maintained as 34 Jackson St. Downtown residents were permitted to speak. Clint Baptiste of 181 Market St., Lowell stated what he is doing we have seen in the past; two previous owners at 197 Market St., loud music from d.j., smoking outside, constant noise, fights, vomiting, drunk patrons, commercial windows broken six times, spoke to police officer of car parked at hydrant . . . we propose police detail on nights busy, designated smoking area. Al Zani stated his concern about noise, work a 12 hour shift, Friday, Saturday, Sunday . . . limit entertainment license, enjoyed peace and quiet [The Dubliner closed since January 2012]. Motion by Commissioner Akashian, second by Commissioner Bayliss, to allow commentary from those who wish to speak in opposition at a later date; vote: ayes C. Akashian, C. Bayliss; no C. Weicker Kathy Marcin and Mike Fossum addressed the Commission; each person spoke favorably in support of the application. Motion by Commissioner Akashian, second by Commissioner Bayliss, to allow commentary from those who wish to speak in favor at a later date; vote: ayes C. Akashian, C. Bayliss; no C. Weicker Motion by Commissioner Akashian, second by Commissioner Bayliss, to continue hearing to May 3, 2012; vote: ayes C. Akashian, C. Bayliss, C. Weicker. The Commission took no action on the CB Enterprises Inc. applications to transfer licenses for common victualler, and for entertainment in a licensed Restaurant for live music, disc jockey, juke box from premises at 34 Jackson St. to 197 Market St. The Commission opened the hearing on the application by Thanh Tran for license for public amusement for Billiards and Pool for premises at 1558 Middlesex Street rear; Mr. Tran requests license for two (2) tables. Thanh Tran was present. Mr. Tran stated that he has two pocket billiard tables; zoning [board] approved conversion of two-car garage to café [Mr. Tran filed a business certificate with the City Clerk office 11/21/11, T’s Café]. Captain Webb addressed the License Commission, he cited police reports [copy on file] upon inspections; the first inspection, January 28, 2012, police observed open bottles of beer, prepared food, two pool tables, and seven (7) individuals present. A follow-up inspection on March 22, 2012, there was no evidence of alcohol beverages. Commissioner Bayliss asked Mr. Tran if tables are still there, and has an occupancy permit been issued. Mr. Tran stated yes to both questions. Mr. Tran mentioned it was a case of beer [ref. police report], got rid of it, since there has been no alcohol. Commissioner Bayliss stated occupancy for 40 people, corner of parking lot, nail salon, café, now pool hall; from outside looks as if garage doors taken-off, boarded up, garage that has been converted. Mr. Tran stated never gets over-crowded, will pave whole parking space. The Commission opened the hearing for public comment; Commissioner Bayliss asked for those who wish to speak in favor of the application. No one requested to address the Commission to speak favorably on the application. The Commission opened the hearing for those who wish to speak in opposition to the application. Tom Bellegarde, resident of Joffre Street, stated his concerns, questions multiple businesses, has resided [on Joffre St.] for 27 years, submitted pictures to the Commission of the exterior of the building at 1558 Middlesex Street, stated excellent job in renovations, explains pictures, cites number of cars between nail salon and café, no sidewalk on street, mentions cars are parking on Joffre Street, turning of cars very difficult to navigate. Shelley Epstein, resident of Joffre St., stated not an appropriate business. Debbie Bellegarde, resident of Joffre St., stated she is opposed; she stated she heard and saw a person with a cigarette and beer in hand; you can’t look inside, cars ‘til 2 a.m. – 3 a.m., other residents 25 to 50 years of age. Joe Michaud, resident of Joffre Street, stated he is concerned about children, early morning activity, couple of cars parked there, not type of business for the street. Sean McNary, resident of Joffre Street, stated he can’t understand tables are there already. Vannak Pril, resident of Joffre Street, stated he is opposed. The Commission closed that part of the hearing on public comment. Commissioner Akashian stated that there are many people opposed, do not think [the location] is a proper place, not to approve. Mr. Tran stated tables were there before, every day cleaning up lot, invested over $30,000 - $40,000 dollars, a sponsor of UTEC downtown. Commissioner Akashian stated location isn’t good for pool and billiards, other locations may have more to offer. Commissioner Weicker stated that he agrees with Commissioner Akashian; auto dealers, repair shops, a few restaurants, not a night time location. Mr. Tran stated he is open to 11 p.m. Meeting of License Commission April 12, 2012 Commissioner Weicker cites state law (statute), [pool/billiards] doesn’t fit location, [previously] guess was glass business, closing at 7 p.m., [pool/billiards] not an appropriate use, find a better location, not in a residential area. Commissioner Bayliss comments on copies of pictures, closed-in, no windows. Mr. Tran stated uncle owns building, café [with] four coffee tables. Commissioner Bayliss stated probably a business that could flourish elsewhere. On a motion by Commissioner Bayliss, second by Commissioner Akashian, it was unanimously voted to deny application by Thanh Tran for license for public amusement for Billiards and Pool for premises at 1558 Middlesex Street rear. (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. George C. Eliades, legal counsel for The Middle Street Village Inc., regarding complaint from Superintendent of Police, asked for a motion to dismiss before any further action. Commissioner Weicker asked [of Asst. City Solicitor Slagle] why today [regarding letter from the City in denying legal counsel’s request for a copy of the video] Asst. Solicitor Slagle states first violation . . . Commissioner Weicker states any material, other than what . . . did exercise subpoena. . . Asst. Solicitor Slagle states [City] relying on statement [and] hearsay . . . Commissioner Weicker asked what information is out there . . . Atty. Eliades states not Mr. Slagle prerogative . . . outrageous what Mr. Slagle did . . . public record anything that is out there . . . kangaroo court . . . only thing that comes in evidence are two reports, evidence, record, medical diagnosis . . . officer said to Chief . . . most damning statements . . . hearsay . . . they don’t have written statements from two victims Commissioner Akashian states letter from Atty. Eliades regarding video, police report relying on video, mentions the frustration expressed Asst. Solicitor Slagle mentions the frustration, Atty. Eliades not entitled to any records . . . on-going criminal investigation Commissioner Bayliss states City gets to kick the hell out [of licensee] . . . [complaint] come in, since March . . . information out there, mentions officer(s) report(s) Commissioner Weicker states if information [out there], investigation isn’t complete, do not file [complaint] from Superintendent of Police. Asst. Solicitor Slagle states officers are here to testify. Commissioner Weicker asked do you have a witness to testify that person was intoxicated, cites A.B.C.C. decision, garbage complaint without witnesses. Atty. Eliades states law [is] to respond within 10 days. Commissioner Bayliss makes the motion that complaint be set aside [until] investigation complete. Atty. Eliades asked if investigation complete. Asst. Solicitor Slagle stated on-going investigation . . . [to Atty. Eliades, Slagle] states on-going investigation, cannot give out – he [Slagle] can redact out. Atty. Eliades stated no basis, 10 days to reply, cites time span of responding, reference to comment of Commissioner Akashian to Asst. Solicitor Slagle [Atty. Eliades reference to meeting of March 22, 2012 which Atty. Eliades viewed on LTC web-site]. Asst. Solicitor Slagle stated I’ll respond to it if he is entitled to it. Commissioner Weicker asked for a copy to the [licensing] board. Atty. Eliades states ask[ing] to go forward with this case [is] clear violation of due process. Asst. Solicitor Slagle stated to Atty. Eliades . . . no public record. Commissioner Weicker stated I don’t want to hear this. Motion by Commissioner Weicker, second by Commissioner Bayliss, to find no violation against The Middle Street Village, Inc. on the Superintendent’s allegations of misconduct on the morning of February 4, 2012; vote: ayes Commissioner Weicker and Commissioner Bayliss; no: Commissioner Akashian. Asst. Solicitor Slagle stated City of Lowell objects to [vote of] no violation. Commissioner Akashian stated to dismiss complaint without prejudice. The Commission reviewed the application filed for the transfer of the all alcoholic beverages Restaurant license from Brazilian Tropic, Inc., Keylla Carvalho, Manager, to Ahy Bar Restaurant, Inc., Luz Paulino, President, for premises at 26 Andover Street, four unnumbered doors on the north (1), east (2), west (1) sides of building; first floor-one room for restaurant, kitchen; basement-one room for lounge, three rooms for storage. It was voted to set the hearing date for Thursday, May 3, 2012 at 6:30 p.m., Council Chamber. Legal notice will be published in accordance with Mass. General Law chapter 138. The Commission discussed with Chandra Parry [present] the subject matter of her email to the License Commission, dated April 9, 2012, regarding excess noise emanating from the premises of Brian’s Ivy Hall on Monday morning April 9, at 12:45 a.m. Commissioner Akashian cited a 2007 communication on subject between the City Council and City Manager.; reference to the City ordinance on noise, and the issue of a violation which a monetary fine is assessed. Commissioner Akashian stated to call police; you don’t want to bring criminal complaint. Ms Parry states almost given . . . asked when is [music] to be turned down, it is on-going. Commissioner Akashian asked of the complaints from residents, where are the complaints. Ms. Parry asked called (sic) police. Kevin Hayhurst stated that there are no police reports of any noise. Officer David Pender [present] of Meeting of License Commission April 12, 2012 the Lowell Police Department stated he was there [Brian’s Ivy Hall] when complaints came-in, the decibel reading at the time was 60 dbl. Commissioner Akashian stated dbl of 95 and above [violation]. Kevin Hayhurst stated that he had built a wall to specifications. Commissioner Akashian stated City can try some other enforcement measures per Captain Webb. Kevin Hayhurst stated no police reports; never once did officer show up to tell us to turn down [music]. A resident of 33 Middle Street, unit 23, [affects] sales of condo. Commissioner Bayliss asked Captain Webb to look into enforcement of noise violation. Commissioner Akashian stated a violation write ticket; evidence that there is [a] violation; compliant. Commissioner Weicker stated random spot checks. Commissioner Akashian stated Lowell Police Department is resident friendly, spot check in alley. The Commission reviewed the communication from Kenneth E. Lavallee, Superintendent of Police, dated March 26, 2012, allegation of misconduct against Puff, Inc., all alcoholic beverages Restaurant licensee at 171 Lakeview Ave. It was voted to set the hearing date for Thursday, May 3, 2012 at 6:30 p.m., Council Chamber. The licensee is to be sent two notices of st nd hearing: 1 on the allegations of misconduct; 2 on public need to decrease hours of the restaurant after 11 p.m. The following communications were read and ordered placed on file: R & W Management, Two Meetinghouse Road, Chelmsford, MA, dated March 22, 2012, William Whitehouse, Trustee, Greater Lowell Trust, re: lease for HEGA Corp. for 76 Merrimack St., Lowell expired December 31, 2011; business closed Ole Restaurant and Tapas Bar. Taya Dixon Mullane, President, Lowell Highlands Neighborhood Group, dated April 9, 2012, re: Lower Highlands Neighborhood Group is supportive of the activities scheduled to take place on April 15, 2012 at Clemente Park, sponsored by the Clemente Park Committee in conjunction with the Cambodian New Year Celebration Kenneth E. Lavallee, Superintendent of Police, dated April 5, 2012, re: Lowell Police Dept. “Downtown Crime Activity 2010 – 2011 Comparison” Motion to adjourn at 8:30 p.m. by Commissioner Akashian, second by Commissioner Bayliss; so voted. Respectfully submitted Ryan Wynn Executive Secretary-License Meeting of License Commission April 12, 2012