License Commission

License Commission hearing Thursday, July 19, 2012, 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Walter Bayliss, Commissioner, presiding, Raymond Weicker, Commissioner, Brian Akashian, Commissioner, Kenneth E. Lavallee, Superintendent of Police, Arthur Ryan, Deputy Supt. of Police, Captain Jack Webb, Lowell Police Dept., Vesna Noun, City Councilor, William Martin, City Councilor, Christine O’Connor, City Solicitor, Eric Slagle, Asst. City Solicitor, Jennifer Myers, Lowell Sun reporter, Nick Petrakos, Craig Himmelberger, Daryl Deshler, Dick Kapala, Patrick Flaherty, Karen Finch, Kathleen Marcin, Aaron Steil, Stephen Greene. 6:30 convene, Commissioner Bayliss opening remarks; requests City Solicitor O’Connor to comment on proposed revision of License Commission regulations. City Solicitor O’Connor stated rules change increase in general conditions; entry hours, hours of entertainment, one-hour prior to; enter or re-enter, under-21 events, increase training, lighting issues, 20 minutes, amend service, last call, regulation to external or internal, ability to add special conditions if necessary – use of detail as example Commissioner Akashian establish to choose, when license to end, fee for 2 a.m. etc., a decrease in fee Commissioner Bayliss stated to adhere to earlier sale/service; closing is moved back; asked for those who wish to speak in favor Craig Himmelberger, 200 Market St., #617, stated rules are strictly enforced, appreciate of reminder, no substantial penalty (reference to compliance check, explained by Comm. Bayliss and Comm. Weicker) license violations are treated strictly, appreciate attempt to be fair; when there are rules to be enforced, should be enforced, more strict approach to violations . . . we as a community . . . send message to ownership of bars. I appreciate establishments to adhere to rules . . . more strict enforcement. Comm. Bayliss stated notice to [licensee] . . . reference ABCC [License Commission] never had decision overturned. Businesses have rights; ABCC - compliance check with restrictions in place Commissioner Weicker cites the nature of compliance checks – a test Craig Himmelberger stated subjective idea of enforcement, cites experience of being in an establishment, over-hearing conversation – set of rules that we choose not to enforce more strictly Stephen Greene, 181 Market St., hopefully solution to problem [revised regulations]; don’t want to have situation with bodies in morgue Kathleen Marcin, 200 Market St., spoke for residents of Downtown Neighborhood Association 122 Middle St. resident [female] spoke in favor . . . [question] would you give a closure to apply to the weekend, suspend five days, close two days; why is one of those days a weekend, five – seven days closure; mentions noting changes in red City Solicitor O’Connor recommends in red where there are changes in the regulations. Comm. Weicker stated the old regulations are on-line. Ex. Secy. stated regulations on-line for three or four years. 122 Middle St. resident notes recommendation of City Solicitor. The Commission closed that portion of the public hearing for those individuals who spoke in favor of the revised regulations [6:50 p.m.] Commissioner Bayliss asked for those who wish to speak against the revised regulations. Nick Petrakos, owner of Blue Shamrock, cites the downtown area, commercial district; boarded-up building, customers are residents. When people buy a place . . . new rules put us out-of-business; Minutes for meeting July 19, 2012 page 1 of 4 voluntarily – discretionary, closing at 1:15 a.m. Twelve people, three times a week, coming in after 1 a.m. Open seven days a week – in this economy, taxpayer footing the bill . . . owners are asked to take a pay cut. Tyngsboro has a 2 a.m. license. Employees depend on us; states supplies purchased from local businesses, this is all I got [Blue Shamrock]; states philanthropy Toys For Tots; rules are very intrusive; go to downtown meetings . . . [regulations] constitutes a roll back in hours, mentioning the ABCC opinion [constitutes possible roll-back]. Daryl Deshlor, 200 Market St., #341, stated he is manager at 25 Market St., against rules, agrees with what Nick said. Dick Kapala, 61 Clark Rd., owner of Cappy’s Copper Kettle, we had problems in past motorcycle gangs, ten years later, cites bar was out-of-business . . . enough regulations present; will be a problem patrons not being able to re-enter; customers [on Saturday] come to dance all night long. Alan Kaplan, owner of Village Smokehouse, cause people to leave at 12:30 a.m. to rush to other towns Patrick . . . to remove discretion for entertainment, cause a lot of issues; haven’t seen a lot of problems downtown . . . give another year or two before making decision Brian’s Ivy Hall employee, 141 John St., helps family out, would take away from me to make money; people aren’t coming at 12 o’clock . . . if you do stop [sic] closing at 1 a.m., people won’t come back Meg Ryan, employee and patron, everyone likes to do their own thing . . . once I go out, won’t be able to go back in, no matter money spent; to support economy. Kevin Hayhurst, owner of Brian’s Ivy Hall, [business] three nights a week, probably close business if it passes. Corey Belanger, owner of Major’s Pub, we the license holders pay property taxes, to keep tax base, coming in . . . very hurtful; Commission sent strong message on Fortunato . . . shame on us, we get the message; residents to live downtown, made decision to live downtown . . . we get the message. General Manager of Brian’s Ivy Hall states employees work for me are against this. Eric Finn, owner of Brian’s Ivy Hall, states he is against Joseph, a resident at 80 Rogers Street, states he is against Paul Kazalski, Jr., Manager of Polish American Veterans Club, stated he is against; dart leagues [play] sometimes late at night Chris, a bartender, resident, states depend on extra income Ronnie Brogan, owner of Garcia-Brogan on Middlesex St., states painting broad brush, [employees TIPS certified, cites Salem, MA example of two detail police paid for by downtown establishments, do not want to offend residents, recommendation detail on weekends. The Commission closed that portion of the public hearing for those individuals who spoke in against the revised regulations [7:20 p.m.] Kenneth E. Lavallee, Superintendent of Police, offered background information to this point; last summer report to Commission and City Council; Council instructed me some plan to cure some problems downtown; suggestions brought to City Manager, City Council; then Fortunato’s matter, cites special meeting of Council; brought to meeting regulation proposal by [request] of command staff; cites altercations taking place, recommendations led to discussion with your Commission. We continue to [see] issues occur. Police detail four hours Saturday nights, 11 p.m. to 3 a.m.; overtime cut, reference to extra personnel downtown. We have regular meetings; owners tonight have been very attentive, suggestion for voluntary compliance. We appreciate fact that their attention tonight appears . . . assessment people living downtown and business owners. [Police] found people in establishments with fake I.D.’s; not anti- Minutes for meeting July 19, 2012 page 2 of 4 establishment; downtown will thrive if people felt safe; public urination – troubling, that’s why regulations suggested. Commissioner Akashian stated . . . consistent on this, February 16th meeting [held by] City Council; [Council] chief policy maker, [vote] 9-0 to [endorse] draft regulations; couple of changes, overwhelming approved – took a direction of City Council – [Commission] we had numerous meetings, applaud those against and for. There are two issues, angst, # 1 roll back from 2 a.m. to 1:30 a.m., standard practice to proceed in vein, no issues, late service; [# 2] entertainment license crux, this issue, asked of Superintendent Lavallee to explain 1 a.m. [cessation] on entertainment Superintendent Lavallee stated command staff [discussion] how to slowly diffuse the night last call, officers working detail, indicated to me, benefit stopping at that time; 1 a.m. time to start thinking about leaving . . . background music not a problem; disc jockey and band[s] to stop . . . people would stay to as late as band is playing; a 1 a.m. [cessation] give people time to leave Commissioner Weicker stated consensus building best practices Superintendent Lavallee stated facilitate . . . Hookslide Kelly’s . . . regulations possibility as seeing, agreeing with that assessment. As we saw problems occur, they escalate; lot of input from people in this room Commissioner Weicker stated owners speaking against, one person, and a broad brush to everyone Superintendent Lavallee cites Garcia-Brogan Commissioner Weicker asked Garcia-Brogan’s success story; we can exempt them from regulations Superintendent Lavallee states Hookslide Kelly’s Commissioner Weicker stated to favor operate freely as they have Superintendent Lavallee stated hopefully an agreement Commissioner Akashian stated [patrons] . . . to re-enter after 1 a.m. Superintendent Lavallee stated Billerica has a 1 a.m. closing; Tewksbury, Westford, Chelmsford have 2 a.m.; Lawrence, some [licensees] have 1 a.m. Commissioner Akashian stated a rush at 1 a.m. People don’t feel safe downtown . . . didn’t hear anyone felt unsafe; where did you generate that? Superintendent Lavallee responds Commissioner Bayliss stated cutting back based upon people beaten-up Superintendent Lavallee stated many problems occur when bars closed, people feel unsafe, half of the arrests people don’t live in the City; cited incidents of disrespect to officers by patrons. Commissioner Akashian cited the matter of information requested by Commissioner Weicker [February 2012]; this morning report from Chief Lavallee . . . July 2011 assaults 33; July 2012 assaults 31; July 2011 disorderly 27; July 2012 disorderly 28; July 2011 vandalism 21; July 2012 vandalism 16; July 2011 public urination 4; July 2012 public urination 28 . . . find under disturbances [increase by one from 2011] . . . issuing report on day of hearing; public urination less of a crime [increase by twenty-four from 2011] Superintendent Lavallee stated some of these incidents dropped; public urination [increase / no tolerance per Lowell police dept.] Commissioner Akashian stated [vote] 9 – 0, Council wants downtown after 1 a.m., entertainment to stop at 1 a.m., no re-entry; City Council [is] chief policy entity; inclination to vote [for] regulations; entertainment 1:15 a.m., citing example of Red Sox game [televised] from California; inclined to vote for Minutes for meeting July 19, 2012 page 3 of 4 Commissioner Bayliss stated genuine concerns; License Commission by legislation [after] six years [can] get rid of us. Special conditions, 2 a.m. for some, 1 a.m. for some . . . everybody is the same; for everyone – Lowell Memorial Auditorium, Spinners, Tsongas – same for everyone, level playing field. Personally, upset, took people down the path . . . [incident in] bar – call police, we will not use against you . . . why taxes paid, people protected, police department, investment, business people showed up, cites notification process. Read regulations, big brother has hand in pocket; toughest person on board; business owner, you’ve got to control your business, if you don’t enforce, complaints reported by officers hired by establishments, those establishments should be commended; responsibility lies with owner, if owner can’t control, substantial complaint from police; question on taking false I.D.’s ; when you are wrong, you’re wrong. Business owners . . . real problem special conditions people exempt – entertainment, around 10 p.m., not correct, more of a burden as bar owners City Solicitor O’Connor stated [Commission] reserve right – no special conditions Commissioner Weicker cites [military example], conflicting testimony, we are told to change the way they are doing business; not a good idea to close down everyone, maybe they want businesses to close; we , the Commission, [request] information February (7) [2012]; July 19 [police data] – no information asked for; Lowell is supposed to be destination City; people will go someplace else, curtail activity, people will go someplace else – live in Lowell – I feel safe – cites incident at Fortunato’s, not at Hookslide Kelly’s, Garcia-Brogan – two more arrests, better enforcement of existing laws, better way to do it Commissioner Bayliss stated all things started to happen after Fortunato’s incident, police do what asked to do Commissioner Weicker stated number of arrests made by detail officers – cites matching detail schedule with arrests; asked for information . . . don’t have numbers to justify taking action to shut-down [establishment]; 90% of people stay out as long as possible, force them to [go] somewhere else; roll-back of hours Council endorsed; agrees with Commissioner Bayliss, Commission not subject to political pressure; after [downtown] incident, an off-the-cuff remark [by local business owner] should not be basis for over-reaction; inclination to go against roll-back in service hours; T.I.P.S. certification in favor; example of the business owner for 47 years. City Solicitor O’Connor stated 1 a.m., endorse of the regulations [by Council] Commissioner Akashian stated Council didn’t endorse roll-back of hours; cites one hour service, stop serving 30 minutes before Motion by Commissioner Akashian to approve revised regulations with two amendments – item 2.1 from 1 hour to 45 minutes, and item 2.2 from 1 hour to 45 minutes No second Motion by Commissioner Akashian, second by Commissioner Bayliss, to adjourn meeting, vote: ayes – unanimous Adjournment voted at 8:10 p.m. Ryan Wynn Executive Secretary-License Minutes for meeting July 19, 2012 page 4 of 4