License Commission

A meeting of the Lowell License Commission convened at 3:35 p.m., Friday, May 11, 2012 in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, Massachusetts 01852 Present: Walter Bayliss, Commissioner, presiding, Raymond Weicker, Commissioner, Brian Akashian, Commissioner, Kenneth E. Lavallee, Superintendent of Police, Christine O’Connor, City Solicitor, Captain Jack Webb - Lieutenant Frank Rouine - Lieutenant Dan Laroque - officers of the Lowell Police Department, Lyle Moran, Lowell Sun reporter, Nick Petrakos, owner of the Blue Shamrock restaurant, Mark Goldman of Oakland Street Commissioner Bayliss addressed Solicitor O’Connor about a motion by Councilor Martin on the Council agenda for meeting to be held on May 15, 2012; Commissioner Bayliss questioned why then is the License Commission meeting. Solicitor O’Connor stated that that is an independent issue. Commissioner Bayliss stated that if he [Councilor] doesn’t like what Commission does, [he] can bring in his own. Solicitor O’Connor stated whether Council approves, regulations are the licensing board; City can address illegalities of license[e]. Commissioner Akashian stated that he [Commission] had asked for data from the police department, questioned number of staff [personnel] available. Superintendent Lavallee stated there are four (4) data analysis [Superintendent outlined salary structure of personnel]; Superintendent Lavallee stated what I instructed, to get complete report would impact everyday [activity], take each and every report, couple of years, arrests, take weeks, number of hours; we have information available, numerous arrests, vandalism, public urination, . . . of each request, computer system, . . . difficult task. Commissioner Akashian stated we have to clean up downtown, major issue . . . if analysts have to [obtain] information . . . uncooperative; Commissioner Akashian states there is a Captain, two (2) Lieutenants, Superintendent, four (4) police officers [present]; manpower to go over crime reports. Superintendent Lavallee stated information so task oriented, so difficult, so long term, record speaks for itself . . . crime taking place on the streets. Commissioner Akashian asked how many officers; Superintendent Lavallee stated 231 officers . . . accounting for officers out because of injury leave; active military . . . cites downtown problem [addressed] with overtime. Commissioner Weicker stated that he had requested [information], what we hear anecdotally . . . cites report of $20 bill scam . . . we are trying to get a handle of what regulations to establish . . . fake ID . . . how many arrests being made by detail police . . . we need to know the scope. Superintendent Lavallee stated that he rued the day of including the fake $20 bill complaint in the report . . . [officers] patrol [downtown] 10 p.m. to 4 p.m.; cites 169 complaints in 2011, e.g. disorderly conduct, indecent exposure. Commissioner Weicker stated downtown protected for overtime; [Commission] can structure fees in order to hire more officers. Superintendent Lavallee stated we are never at full strength Commissioner Weicker states fee structure so more police are hired; budget not keeping demands with City; if something we can do to get what you need Superintendent Lavallee states overtime allows us to hire officers Solicitor O’Connor states License Commission doesn’t have impact in direct way; need has arisen with the time frame . . . Commissioner Weicker asked if officers working 10 p.m. to 4 p.m.; Superintendent Lavallee affirmed; Commissioner Weicker states wonderful with extra police officers downtown Commissioner Akashian states that saying License Commission not acting is unfair Commissioner Weicker asked if the regulations are the same ones as the Council [received] License Commission minutes May 11, 2012 [page 1 of 3 ] Solicitor O’Connor stated [downtown problem] cannot go on . . . what is repugnant License Commission starts review of regulations. Commissioner Weicker recommends condense regulations . . . gets to the point of restating what already is stated Commissioner Akashian recommends change in title to Alcohol Beverages Regulations for Licenses issued by the Lowell License Commission – Commission approves. Commissioner Weicker, after comments of Executive Secretary, recommends 1.02 Filing of Applications be amended by Secretary, noting ABCC retail license application available on the [ABCC] web-site – Commission approves Commissioner Bayliss cites abutter notification . . . Commissioner Weicker requests legal opinion on statute [chapter 138, section 15A, MGL] . . . is the [proposed regulation] going beyond statute? – Commission approves Commissioner Weicker recommends that assessors charge be stricken – Commission approves Commissioner Weicker cites redundancy in 1.07, 1.08, 1.09 following 1.06 Compliance with All Laws and Regulations, recommends that they be stricken – Commission approves Solicitor O’Connor questions change specifically tax obligation Commissioner Akashian recommends tax obligation in 1.06 include Local, State, and Federal – Commission approves Commissioner Weicker states “al licenses” Commissioner Weicker recommends 1.10 be amended to read “notify the License Commission Executive Secretary;” again in 1.11 – Commission approves Commission approves 1.12 Commission approves 1.13 to read “notify License Commission immediately” Commission approves that items 1.14, 1.15 be stricken out, comment by Commissioner Weicker that 1.14 not necessary, already in the law Commission approves 1.16 Employee Consumption Prohibited Commission approves 1.17 be deleted Commission approves 1.18, 1.19, 1.20, and 1.21 Commission approves 1.22 be deleted Commission approves 1.23, 1.24, 1.25, 1.26, and 1.27 Commission approves 2.10 and 2.02 be deleted Commission initially approved to strike 2.03, but upon comment of Solicitor O’Connor of past practice of License Commission to roll-back hours as a disciplinary measure, not consistent with statute section 12, chapter 138, approves a request for a legal opinion on 2.03 Commission approves to strike 2.04; insurance mandate in statute for restaurant, hotel, tavern, club but excludes retail package stores Commission approves that 2.05 be held back for review at a later date Commission approves that 2.06 be referred to Board of Health on question of enforcement Commission approves that second sentence in 2.07 be stricken; first and third sentences approved Commission approves that 2.08 – Entertainment be reviewed for separate licensing; request legal opinion on [defining specific types] of entertainment Commission approves 2.09 be held for clarification as to definition of promoter Commission approves that 2.10 be stricken, but that Mass Law chapter 140, section 183D, and 204 CMR 2.00 ABCC 204-2.26: Cover Charge be recorded on entertainment license Commission approves 2.11, and that the word “equivalent” be inserted in place of “similar” in line 6, paragraph 1 Commission approves Health Inspector review 2.12 Refuse Removal License Commission minutes May 11, 2012 [page 2 of 3 ] Commission approves 2.13; insert “License Commission” in place of “licensing authority” Commission approves 2.14 Commission approves 2.15; insert “License Commission” in place of “licensing authority;” reference inserted “All plans and documents submitted as required in 1.02 Filing of Applications and 1.03 Filing Fees.” Secretary commented that licensees do make unauthorized changes. Commission approves 2.17 Commission approves 2.18 [?] Commission approves Section 3 Special Conditions as reserved to License Commission; patron entry hours, 3.04, move to “General Conditions;” reserve entertainment, 3.05, for further discussion – move item to “General Conditions” Commission approves 3.01 be amended to “public need;” Commissioner Akashian and Commissioner Weicker discussed “aggressive” aspect to video cameras [3.02]; request review of previously established policy- procedure in New York City and other locales Commission approves request that 3.03 be reviewed in comparison to ABCC 204 CMR 4.00; possible consideration that 3.03 be reserved for venues with occupant load greater than [250?], for outdoor venues [e.g. Lowell Folk Festival, extended outdoor seating for restaurants at special events] Commission concluded discussion at the end of the review of Section 3. On a motion by Commissioner Akashian, second by Commissioner Weicker, the Commission voted to continue the review of proposed regulations on Thursday, May 17, 2012 at 5 p.m. in the Council Chamber; vote – ayes: unanimous On a motion by Commissioner Akashian, second by Commissioner Weicker, the Commission voted to adjourn at 6:10 p.m. Respectfully submitted Ryan Wynn Executive Secretary-License Commission May 16, 2012 License Commission minutes May 11, 2012 [page 3 of 3 ]