License Commission

A meeting of the Lowell License Commission convened at 5:05 p.m., Thursday, May 17, 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 of the Lowell Police Department, Jennifer Myers, Lowell Sun reporter, Mark Goldman of Oakland Street Commissioner Akashian, beginning with Section 4: Waiver, 4.01 stated re-title paragraph, use special conditions instead City Solicitor O’Connor stated reserve for itself special conditions Commissioner Weicker stated handcuffed, tailor to each individual Solicitor O’Connor . . . absorbed in general conditions, institute special conditions Commissioner Weicker . . . reserve right [to establish special conditions] . . . cites statutory reference, regurgitates statute . . . big problem Solicitor O’Connor states special conditions, reserving License Commission ability to add case by case basis Commissioner Weicker states our ability statuary granted . . . this is law, these are our additional regulations Solicitor O’Connor stated regulations put people on notice, certain rules and regulations, there is additional language . . . special conditions, promulgate rules and regulations, well worth to leave in specific right to institute into license . . . why put City in position if not in regulation, then have to litigate Commissioner Weicker stated case law to narrow down, then you preclude others . . . by enumerating [you] limit yourself, we are overly specifying Solicitor O’Connor stated there is no enumeration if you don’t put [it] in Commissioner Weicker . . . we open ourselves to legal challenges Commissioner Akashian stated if we just put [in] general language pursuant to Massachusetts General Law Discussion continued on the section of special conditions Solicitor O’Connor stated remove special . . . reserve; summary of one-drink may hold-up Consensus of License Commissioners section on video cameras is deleted Commissioner Akashian stated Section 3 Special Conditions [with only paragraph 3.01; 3.02 Video Cameras and 3.03 One Drink Per Patron are deleted; 3.04 Patron Entry Hours and 3.05 Entertainment Hours are moved to Section 2 General Conditions Commissioner Weicker stated right to impose special conditions [in accordance with] chapter 138 (MGL) Consensus of License Commissioners section 4 is deleted; Section 5 will be section 4 Superintendent Lavallee stated slow progression on patrons exiting, emphasis on slow progression Commissioner Akashian stated change language on opening and closing hours, 8 a.m. to 2 a.m., all sales cease 1:30 a.m. [reference to section 5.02] Commissioner Weicker stated Cambridge seems to [break it] down . . . 1 a.m. license, etc., thirty minutes after that to get patrons off the premises, plus language of clear [premises] at closing Commissioner Akashian stated not a bad idea, already pushing at 2 a.m. There is a discussion on extending a ½ hour to get patrons out after service is stopped Superintendent Lavallee stated to have people leave at an orderly fashion Commissioner Bayliss stated once entertainment stops people lose interest Commissioner Weicker asked do you want everyone to filter out at same time Commissioner Bayliss questioned whether bedlam is created . . . create tier system Commissioner Weicker stated if we stay with that Commissioner Akashian stated strike out “sales;” all service shall cease . . . Superintendent Lavallee stated he cannot accept 2:30 a.m. . . . 2 o’clock be the limit Commissioner Akashian stated extra ½ hour to 2:30 is too late License Commission minutes May 17, 2012 [page 1 of 2 ] Solicitor O’Connor stated public need, hours roll back, not to be done as disciplinary hearing but public hearing for public need. This type of action is not modification of license, roll back is not modification of license. Section 12 to roll back hours not appealable to A.B.C.C.; when they commingled, then [subject to review]. Commissioner Bayliss cited the example of five restaurants Solicitor O’Connor stated case law, rule set forth in statute, cites comments of Commissioner Weicker Superintendent Lavallee stated all restaurants closing same time Commissioner Weicker stated proposing free market Superintendent Lavallee cited example of public need, where fight takes place Solicitor O’Connor stated cannot use as part of disciplinary measure, two hearings, one disciplinary, one for public need, that is the way intended to work Commissioner Akashian stated hours of operation from opening time 8 a.m. to closing time 2 a.m., otherwise specified on license, 5.02, as specified on license all patrons shall be off premises, all alcohol [sales stop] ½ before [closing]; package stores don’t have to touch Draft revised regulations sections 5.03, 5.04, 5.05: accepted Draft revised regulations section 6.01: accepted Commissioner Weicker comments about bad practice, regurgitate what is in the statute Solicitor O’Connor comments troubling in reference to Commissioner Weicker comment, cite example of removing federal and state tax. Notify licensee that it is not comprehensive, designed to give people as much knowledge Commissioner Weicker cites Department of Revenue, Internal Revenue Service; they [agencies] don’t get us information Draft revised regulations 6.02, 6.03, 6.04: add reference to chapter and CMR Draft revised regulation 6.06: Commission recommends legal opinion on annual financial report Draft revised regulations Section 7, Section 8, Section 9: accepted Discussion on staggering license fees, and of a break-down on entertainment On a motion by Commissioner Akashian, second by Commissioner Weicker, the Commission voted to continue the review of proposed regulations on Thursday, June 7, 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 hold a public hearing on the revised regulations on Thursday, June 14, 2012 at 6:30 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 6:30 p.m. Respectfully submitted Ryan Wynn Executive Secretary-License License Commission minutes May 17, 2012 [page 2 of 2 ]