License Commission

Meeting of the Lowell License Commission, Thursday, May 3, 2012, convened at 6:30 p.m. in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Walter Bayliss, Commissioner (presiding), Raymond Weicker, Commissioner, Brian Akashian, Commissioner, Lt. Frank Rouine of the Lowell Police Department. The Commission reviewed special one-day license applications for malt beverages & wines only, or either one Rev. Charles J. Hughes [present] of St. Anthony Church for Sat., May 12, 2012 from 11 a.m. to 12 midnight, Our Lady of Fatima Feast to held at church parking lot 893 Central Street Suzanne Frechette [present] of St. Joseph High School re-union committee for Fri., June 1, 2012 from 6 p.m. to 10 p.m. at 741 Merrimack St. [one-day permit required from City of Lowell for public assembly] Motion by Commissioner Akashian, second by Commissioner Weicker, it was voted to unanimously approve applications by Rev. Charles J. Hughes and Suzanne Frechette. The Commission reviewed applications for special events permit for amplified outdoor public entertainment Middlesex Community College, Mary-Jo Griffin, Director of Public Affairs, for Friday, May 11, 2012 from 10 a.m. to 2 p.m., Campus Spring Fling @ campus quad adj. to MCC City Campus, 33 Kearney Sq., sound system for live music, disc jockey, public address St. Anthony Church, Rev. Charles J. Hughes, Our Lady of Fatima Feast, Sat., May 12, 2012 from 11 a.m. to 12 mid., sound system for live music, disc jockey, public address Hannah Hammond-Hagman [present], Cultural Organization of Lowell/COOL, sound system for live musicians and performers, In the Acre Festival, Saturday, June 9, 2012, 12 noon to 4:00 p.m., North Common Lowell Transitional Living Center, Philip Maynard [present], Board of Directors-Clerk, Sun., June 10, 2012 from 10:30 a.m. to 5 p.m., Steps to Home – Walk to End Homelessness, sound system for d.j., parking lot at Canal and Jackson Streets. Motion by Commissioner Akashian, second by Commissioner Weicker, it was voted to unanimously approve applications by Mary-Jo Griffin, Rev. Charles J. Hughes, Hannah Hammond-Hagman, and Philip Maynard. The Commission reviewed applications for Public Amusement licenses Jason E. DellaGatta [present], Belltime Ent., for pro-wrestling show at Club Lafayette, 465 Fletcher Street, Fri., May 11, 2012, 7 p.m. th to 11 p.m. Mr. DellaGatta, when asked by Commissioner Bayliss, stated there would be no detail police present for the May 11 show. [Note: Jason E. DellaGatta notified License Commission office prior to April 13, 2012 that event cancelled; license previously granted on January 12, 2012] Carnival, Dean & Flynn Inc., d/b/a Fiesta Shows of Seabrook, NH, John A. Flynn [present], representative, at Regatta Field, Pawtucket Blvd., Thurs., May 24, Fri., May 25, 2012 – 6 p.m. to 11 p.m.; Sat., May 26 – 1 p.m. to 11 p.m.; Mon., May 28 to Fri., June 1, 2012 – 6 p.m. to 11 p.m.; Sat., June 2 – 1 p.m. to 11 p.m. Motion by Commissioner Akashian, second by Commissioner Weicker, it was voted to unanimously approve applications by Jason E. DellaGatta and John A. Flynn. The Commission opened the hearing continued from April 12, 2012 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, and Tom Economou were present. The Commission opened the hearing for public comment. John Noveau of Market Street stated his objection because of sound issues; recommended entertainment license be amended that Sundays to Thursday, no amplification, and that the [restaurant] be sound-proofed. Tom Economou stated that there has been a [license] at the location for 35 years. The Commission closed the portion of the hearing for public comment. Commissioner Bayliss stated sound will have a direct impact on business. Lt. Rouine, when asked by Commissioner Bayliss, stated that the Lowell Police Department does not [foresee] a problem. Commissioner Akashian stated Market Street is a main thoroughfare; at present, no restrictions on amplification. On a motion by Commissioner Weicker, second by Commissioner Akashian, it was unanimously voted to approve application for change of location of license by CB Enterprises, Inc. from 34 Jackson St. to 197 Market St. Motion by Commissioner Weicker, second by Commissioner Akashian, it was unanimously voted to transfer licenses of CB Enterprises Inc. 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 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. License Commission minutes May 3, 2012 The following individuals were present: Ruby A. Purohit, Luz Paulino, and Atty. James Flood, Jr., legal counsel for Ahy Bar Restaurant, Inc. No remonstrants appeared. The hearing was declared closed. On a motion by Commissioner Akashian, second by Commissioner Weicker, it was unanimously voted to approve transfer of the all alcoholic beverages restaurant license; to approve Ruby Purohit as manager of record for Ahy Bar Restaurant, Inc.; to grant licenses to Ahy Bar Restaurant, Inc. for premises at 26 Andover St. for common victualler, entertainment in a licensed restaurant for live music, disc jockey, juke box, and for automatic amusement device for calendar year 2012. The Commission ratified request for continuance by Atty. George Theodorou, legal counsel for Mr. Jalapeno, Inc., filed April 30, 2012. Hearing is re-scheduled for May 17, 2012 at 6:30 p.m. on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Mr. Jalapeno, Inc., Brendan T. Doucette, Manager, malt beverages & wines only Restaurant licensee at 124 Merrimack Street, for violation of law and regulations that Lowell police report took place on the premises March 10, 2012: patrons not of legal age furnished alcohol beverages on licensed premises – MGL c. 138, s. 34 [2 counts]; failure to properly label a tap, faucet, or draughting device – MGL c. 138, s. 12; failure to maintain the licensed premises in a clean and sanitary condition – 204CMR2.05(8); failure to display Alcoholic Beverages Control Commission warning signs – MGL c. 138, ss. 34A, 34D [2 counts]; no licensee for the sale of alcoholic beverages shall permit any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore, whether present or not – 204CMR 2.05 (2). The Commission ratified request for continuance by Atty. George Theodorou, legal counsel for Mr. Jalapeno, Inc. filed, April 30, 2012. Public hearing is re-scheduled for May 17, 2012 at 6:30 p.m. to consider the public need in accordance with section 12 of chapter 138, MGL, to decrease hours for the sales of alcoholic beverages during the calendar week from 2:00 a.m. to 11 p.m. for Mr. Jalapeno, Inc., Brendan T. Doucette, Manager, malt beverages & wines only Restaurant licensee at 124 Merrimack Street. The Commission reviewed the application by WKA Investments, LLC, d/b/a The Brewery Exchange, all alcoholic beverages Restaurant licensee at 201 Cabot Street, for change of manager from Vincent P. Fraumeni to Wayne F. Brasco, Jr. Wayne F. Brasco, Jr. did not answer the call by the Executive Secretary; Mr. Brasco was recorded as not present. Commissioner Bayliss questioned the present status of Vincent P. Fraumeni; the Secretary informed the Commission that Vincent Fraumeni had quit the position as Manager of Record on February 17, 2012. Motion by Commissioner Bayliss, second by Commissioner Akashian, it was unanimously voted to suspend the all alcoholic beverages restaurant license granted and issued to WKA Investments, LLC for calendar year 2012, premises at 201 Cabot Street, for violation of Massachusetts General Law chapter 138, section 26, and License Commission regulation, not having a duly appointed manager of record. The Commission voted to advertize the application by Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin V. Hayhurst, President, for an all alcoholic beverages Restaurant license for premises at 76 Merrimack Street, first and second floors, for Friday, May 11, 2012 in the Lowell Sun newspaper, and that the public hearing is scheduled for Thursday, June 7, 2012 at 6:30 p.m. The Commission reviewed additional applications filed by Hayhurst Group Inc. for premises at 76 Merrimack St., first and second floors: license for common victualler; license for entertainment in a licensed restaurant for live music, disc jockey, juke box; license for automatic amusement device; said applications will be acted upon after the public hearing scheduled for June 7, 2012. The Commission reviewed and ordered placed on file communication from Office of the Superintendent of Police received on April 26, 2012 to withdraw complaint, dated March 26, 2012, without prejudice against Puff, Inc., d/b/a C’s Spot Bar, Claude Charlot, Manager, all alcoholic beverages Restaurant licensee at 171 Lakeview Ave. The Commission reviewed communications from Kenneth E. Lavallee, Superintendent of Police, dated May 1, 2012 Allegations that the following retail package store licensees sold/delivered alcoholic beverages to a minor in conjunction with Lowell Police Department compliance check conducted on Thursday, April 26, 2012: Shiv-Kris Corporation, d/b/a Powers Liquor, 23 Wood St., Sonal J. Patel, Mgr.; Lucky Bee, Inc., 185 Woburn Street, Peter Vogiatzoglou Sr., Mgr.; Vijay Patel, d/b/a Jerry’s Food Store, 1172 Lawrence St.; Belvidere Liquors, Inc., 36 Concord St., Manuel Correia, Mgr.; it was voted that each licensee is to be notified to appear at hearing for Thursday, May 17, 2012 at 6:30 p.m. Motion to adjourn at 7:20 p.m. by Commissioner Akashian, second by Commissioner Bayliss; so voted. Respectfully submitted Ryan Wynn Executive Secretary-License License Commission minutes May 3, 2012