License Commission

A meeting of the Lowell License Commission convened at 6:30 p.m., Thursday, August 9, 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, Captain Jack Webb of the Lowell police department, Elliot Veloso, Assistant Solicitor The Commission approved the motion by Commissioner Akashian to ratify as granted the issuance on July 26, 2012 the Sidewalk Stand license to Phuc H. Luong, d/b/a Pure Froyo, 108 Merrimack St., for the season. The Commission reviewed the special one-day license application for malt beverages & wines only from Theodore Panagiotopoulos of Athenian Corner Restaurant, Inc., for a beer /wine concession to be located in the parking lot of Athenian Corner Restaurant @ 38 Shattuck St., for the "Rock the Block" concert to benefit the Merrimack Valley Food Bank, on Friday, August 24, 2012 (rain date Sat., Aug. 25, 2012), 6:00 p.m. to 12:00 midnight. Ted Panagiotopoulos was present. Mr. Panagiotopoulos stated the music will end at 11 p.m. Motion by Commissioner Akashian, second by Commissioner Weicker, it was voted to approve the special one-day license for Theodore Panagiotopoulos to sell/serve beer and wine only in the parking lot of Athenian Corner on Friday, August 24, rain date Saturday, August 25, 2012, from 6 p.m. to 12 midnight. The Commission reviewed the special events permit for amplified outdoor public entertainment applications: Mark Watson, Enterprise Bank, disc jockey with sound system, customer appreciation cook-out, Thursday, August 16, 2012, or rain date of Fri., August 17, 2012, 11:00 a.m. to 2:00 p.m., parking lot adjacent to Enterprise Bank, 222 Merrimack Street Prema Nagathan, Enterprise Bank, sound system, employee ice cream social, Thursday, September 13, 2012, 2:30 p.m. to 5:00 p.m., employee parking lot at 222 Merrimack St. Suzzanne Cromwell, Cultural Organization of Lowell/COOL, sound system for live music, Riverfest, Saturday, September 22, 2012, 11:30 a.m. to 3:00 p.m., Middlesex Community College, 33 Kearney Sq. Mark Watson was present as the Enterprise Bank representative; Suzzanne Cromwell was present for Cultural Organization of Lowell. Motion by Commissioner Akashian, second by Commissioner Bayliss, it was voted to approve special events permit for Mark Watson, Prema Nagathan, and Suzzanne Cromwell. The Commission opened the public hearing on the application for alteration of premises, with the expansion of service area, by CEC Entertainment, Inc., d/b/a Chuck E. Cheese’s, Deborah Shannon, Asst. Secretary, malt beverages wine only Restaurant licensee at 199 Plain Street, unit # 5. Michael Caras was present to represent CEC Entertainment, Inc. The Commission reviewed the affidavit attesting to the notification sent to the abutters; upon review affidavit was ordered placed on file. The hearing was opened for public comment. There were no individuals to speak in favor or against the application; that portion of the hearing was declared closed. The Commission reviewed the plan of the expansion for the customer service area; motion by Commissioner Bayliss, second by Commissioner Akashian, it was voted to approve the alteration of licensed premises; vote – ayes: unanimous. The Commission, prior to opening the hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Mr. Jalapeno, Inc., a malt beverages & wine only Restaurant licensee at 124 Merrimack St., addressed Brendan T. Doucette, manager of record of Mr. Jalapeno, Inc., about the fact that the Massachusetts Secretary of State Corporations Division had taken action to dissolve the corporation, Mr. Jalapeno, Inc., on or about June 18, 2012. Mr. Doucette purportedly had no knowledge of the matter. The electronic database of the Corporations Division of the Massachusetts Secretary of State does not record an annual report of condition for the corporation after the corporation’s inception in 2008. The Commission initially moved [motion by Commissioner Weicker, second by Commissioner Akashian] to revoke the alcohol beverages license, but amended the motion [by Commissioner Akashian, second by Commissioner Bayliss, on the recommendation of Assistant Solicitor] to a suspension of license indefinitely until the corporation is re-activated; presently, the corporation does not exist. The motion for suspension passed unanimously. The Commission opened the hearing on the allegations against the licensee, Mr. Jalapeno, Inc., as charged by Kenneth E. Lavallee, Superintendent of Police, for the following allegations: Selling or delivering an alcoholic beverage to a person under 21 years of age – MGL c. 138, s. 34 [1 count] 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] Brendan T. Doucette, manager of record, appeared before the License Commission to answer to allegations. Captain Webb read the letter of complaint aloud. The violations are based upon Lowell police detectives’ inspections of the licensed premises June 7, 2012, and June 11, 2012. Lt. Barry Golner of Lowell police dept. was present as a witness. Lowell police were able to ascertain on June 7, 2012 that a female patron, observed drinking an alcohol beverage on the licensed premises, was not of legal drinking age, 21 years of age or older; that the female patron had in her possession a State of Maine drivers license which was determined to be a false document. She produced for the police a Massachusetts driver’s license, “establishing her age as 20.” On each date of inspection by Lowell police, Mr. Doucette acknowledged that he was not on the licensed premises. Ricardo Candiani was present at the hearing. Mr. Candiani stated he was on the premises, and that police told him that the ID was “fake.” Commissioner Akashian stated that as a result of the finding from a previous complaint, the licensee received a seven days suspension; four days were held in abeyance. Commissioner Akashian made the motion to suspend licenses for sixty days. Commissioner Bayliss questioned Mr. Candiani about the mattress that was in the basement as noted in the police report. Commissioner Weicker asked who the owner of the business is. Mr. Candiani stated Victor Hernandez. Mr. Candiani stated that the restaurant had been closed for forty-five days [recently] by the Health Dept. Commissioner Akashian noted that the violations are happening when UMass in not in session. Commissioner Bayliss stated that [you] do not understand the concept of a liquor license; Mr. Doucette is manager in name only, a recipe for disaster; two different dates caught serving minors. Mr. Candiani explained his circumstances. Commissioner Bayliss stated Maine licenses are not acceptable; you have to step smarter. Commissioner Weicker stated no change in hours, no constant supervision; business model not working; twice in a row health offenses. Motion by Commissioner Weicker, second by Commissioner Akashian, to impose the four days held in abeyance in addition to sixty days suspension from the point of the indefinite suspension because of the corporation’s dissolution; to rescind motion for revocation; vote: ayes – unanimous. The License Commission vote is to impose the four (4) days suspension that was held in abeyance from the decision rendered on May 17, 2012, in addition thereto, the License Commission suspended the malt beverages & wines only Restaurant license, and license for common victualler for an additional sixty (60) days because of a finding that violations of law and regulations occurred on June 7, and June 11, 2012 on the premises of Mr. Jalapeno, Inc. The days of suspension shall run consecutively effective the day the corporation, Mr. Jalapeno, Inc., is on record with the Massachusetts Secretary of State Corporations Division as being in good standing with the Commonwealth of Massachusetts. The manager, Brendan T. Doucette, shall surrender the license for malt beverages & wines only, and license for Common Victualler in the Law office, City Hall. Prior to opening the hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Puff, Inc., d/b/a C’s Spot Bar, Claude Charlot, Mgr., an all alcoholic beverages Restaurant licensee at 171 Lakeview Ave. regarding the police report of June 28, 2012 inspection, Commissioner Akashian made the motion, second by Commissioner Weicker, to suspend the all alcohol beverages Restaurant license granted and issued to Puff, Inc. because the Massachusetts Secretary of State Corporation dissolved the corporation on or about June 18, 2012; vote - unanimous The Commission proceeded to open the hearing on the allegations of misconduct. Claude Charlot, manager of record, and legal counsel for Puff, Inc., Andrew J. Lacourse III of Dracut were present. Captain Webb read the summary; at 9:55 p.m., detectives observed unloading from pick-up truck of beer, beer purchased at Mannings Liquors; bar was dirty, fruit flies observed in bottle of Ginger Brandy Atty. Lacourse submits copy of health inspection for Commission’s review Atty. Lacourse stated old bottles of liquor, kept on his inventory, obtained signs from A.B.C.C., client [Claude Charlot, manager of record] thought he could purchase [beer] provided he had receipt, he was mistaken . . . some misunderstanding of signage, [client] clearly regrets . . . Commissioner Weicker cites the need for re-installing of the corporation . . . license [to be] returned Commissioner Bayliss cites signage should be put-up as soon as possible, comments about cleanliness, cannot understand [premises unclean]; ancillary/part-time venture Atty. Lacourse states Mr. Charlot to hire full-time manager Commissioner Akashian states regarding [complaints] . . . clean, signs, purchasing from unauthorized service Commissioner Bayliss, upon re-installing corporation, motion to suspend all alcoholic beverages Restaurant license for 30 days Commissioner Akashian states a little excessive on suspension Captain Webb states he is not aware of any present complaints Commissioner Akashian states . . . seems to be remedial action, 30 days Commissioner Weicker motion two-weeks suspension, suspended, for six months; second by Commissioner Akashian; vote: ayes – Commissioners Weicker, Akashian; no – Commissioner Bayliss The Commission opened the hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Puff, Inc., d/b/a C’s Spot Bar, Claude Charlot, Mgr., an all alcoholic beverages Restaurant licensee at 171 Lakeview Ave. regarding the police report dated July 6, 2012. Captain Webb read summary of complaint, cites invoices, conditions of premises unsanitary, back of bar . . . purchased beer from package store Atty. Lacourse cites health inspection [yellow copy of satisfactory inspection report for Commission’s review] Commissioner Akashian addresses Mr. Charlot . . . Mr. Charlot states his accountant advised him to retain receipt of purchase Sergeant Jonathan Noone of Lowell police department stated he had explicit conversation on the requirement to purchase [alcohol beverages] from distributors Mr. Charlot stated the police officer did not tell me that Atty. Lacourse stated a misunderstanding, no question, statute prohibits, can’t do that [purchase from package store] Commissioner Akashian asked other than these two instances, have you purchased from distributors Mr. Charlot stated only two times . . . Commissioner Akashian stated only two times . . . [you] got caught Commissioner Bayliss stated you have a responsibility to know law. Motion by Commissioner Weicker, second by Commissioner Akashian, that upon the re-installation of the corporation with the Massachusetts Secretary of State Corporations Division, a 30-days suspension of the all alcoholic beverages Restaurant license shall take effect with 2-weeks suspension to be served, and the balance of suspension [16-days] to be held in abeyance for 12-months. Vote: ayes – Commissioners Weicker, Akashian, Bayliss. The Commission discussed the next meeting date and time for the License Commission; the Executive Secretary spoke of the possibility for an application for change of manager for a club licensee; a tentative date and time for the next meeting is September 6, 2012 at 5 p.m. Motion by Commissioner Akashian to adjourn meeting at 7:35 p.m., second Commissioner Bayliss, so voted. Respectfully submitted Ryan Wynn, Ex. Secretary-License