License Commission

Minutes of meeting of the License Commission held Thursday, September 27, 2012, convened at 6:30 p.m. in the Council Chamber, nd City Hall, 2 floor, 375 Merrimack St., Lowell, MA 01852 Present: Commissioner Brian Akashian, presiding, Commissioner Denis Teague, and Capt. Jonathan Webb of Lowell police dept., Elliott Veloso, Assistant Solicitor. Commissioner Akashian opened the meeting by recognizing Commissioner Walter F. Bayliss, Jr. for his public service and dedication. Commissioner Bayliss recently concluded his 17 years of service with the Commission; he was first appointed to the License Commission March 1995, then Chairman in September 1997. Commissioner Akashian expressed the appreciation that is shared by many people who know of the public service of Walter F. Bayliss, Jr. The Commission opened the public hearing on the application by 99 Restaurants of Boston, LLC, John R. Grady, Vice President, all alcoholic beverages Restaurant licensee at 850 Chelmsford St., for stock transfer. Gregory C. Demakis of Demakis Law Offices, P.C., legal counsel, was present to address the License Commission for “99.” Legal notice was published in the Lowell Sun newspaper on Friday, September 14, 2012. Atty. Demakis read a prepared statement which in his remarks explained that 99 Restaurants of Boston, LLC would be owned by Fidelity National Financial, Inc., a publicly traded company under the rules and regulations of the Securities and Exchange Commission. The stock transaction has been reviewed by the Alcoholic Beverages Control Commission; Atty. Demakis defined the review as being an “inverted process;” [his law office] met with the ABCC on several occasions; the ABCC sent an advisory to the licensing authorities about their finding upon review of the stock transfer from the publicly traded company, O’Charley’s Inc. [LLC]. The ABCC wrote “that the transaction is consistent with the purposes of the law * and would not result in the individual corporate licenses being deemed out of compliance with the applicable statute” * Massachusetts General Law chapter 138. There was no public comment. The hearing was closed; on a motion by Commissioner Akashian, second by Commissioner Teague, the Commission voted to approve the application by 99 Restaurants of Boston, LLC – vote: ayes - Commissioner Akashian, Commissioner Teague. The Commission, on a motion by Commissioner Akashian, second by Commissioner Teague, voted to accept for ratification the issuance of a special one-day license for malt beverages & wines only to Monica Azevedo, Catering Manager for Aramark, on September 14, 2012, for a reception at the Allen House, UML South Campus on Tuesday, September 18, 2012 from 4:30 p.m. to 6:30 p.m. The Commission reviewed special one-day license applications for malt beverages & wines only from Monica Azevedo, Catering Manager. Ms Azevedo was present. Commissioner Akashian inquired as to the location of the ETIC * building. Ms Azevedo stated at th 40 University Ave.; she also stated that there would be no students at the October 19 events when asked by Commissioner Akashian; she anticipated the age group to comprise people who are 40 years and older. Commissioner Teague asked of the available parking. Ms Azevedo stated that parking is available [in the courtyard behind] Cumnock Hall, 31 University Ave. Motion by Commissioner Akashian, second by Commissioner Teague, to approve license applications: ⋅ Monica Azevedo, Catering Manager for Aramark, for a welcome new faculty event at the Allen House, UML South Campus on Tuesday, October 2, 2012 from 3:30 p.m. to 5:30 p.m. ⋅ Monica Azevedo, Catering Manager for Aramark, for work environment reception at the ETIC * Building, 40 University Ave. on Friday, October 19, 2012 from 5:00 p.m. to 6:30 p.m. ⋅ Monica Azevedo, Catering Manager for Aramark, for work environment dinner at Cumnock Hall, UML North Campus on Friday, October 19, 2012 from 6:30 p.m. to 9:00 p.m. Vote: ayes – Commissioner Akashian, Commissioner Teague * Emerging Technologies and Innovation Center The Commission reviewed Public Amusement applications from Thomas McKay – Mill City Management, Inc. for scheduled events at Lowell Memorial Auditorium, 50 East Merrimack St. Kira Waltz was present as representative for Mill City Management. Motion by Commissioner Teague, second by Commissioner Akashian, to approve license applications: ⋅ Concert – Midtown Men, MCM Presents, promoter, Fri., October 12, 2012, 8 p.m. ⋅ Concert – In the Mood, Artbeats Entertainment, promoter, Thurs., October 18, 2012, 7:00 p.m. ⋅ Concert – Chris Tomlin, New Sound Concerts, promoter, Fri., October 26, 2012, 7:30 p.m. ⋅ Show – Aspara Dancing Stones, Angkor Dance Troupe, promoter, Sat., October 27, 2012, 7:30 p.m. Vote: ayes – Commissioner Teague, Commissioner Akashian License Commission minutes September 27, 2012 side 1 o f 4  The Commission reviewed special events permit for amplified outdoor public entertainment application: ⋅ East Pawtucketville Neighborhood Group, Nataliya Poto, representative, for permit to have sound system for disc jockey for Sat., September 29, 2012 from 10:00 a.m. to 4:00 p.m. The event is Green Day to be held at Gershom parking lot, Bourgeois Park, Fells Playground. Nataliya Poto was present; she stated that Green day is a community event. Commissioner Akashian cautioned that the permit is a common sense license. Motion by Commissioner Akashian, second by Commissioner Teague, to approve license application; vote: ayes – Commissioner Akashian, Commissioner Teague The Commission reviewed the Second Hand Articles license application of Calvin A. Taylor for a thrift store at 341 Westford Street. Mr. Taylor was present. Commissioner Akashian questioned Mr. Taylor if he had a meeting with the Lowell Police dept. Mr. Taylor stated that he spoke with Captain Taylor; he answered that he received the regulations; he is a Lowell resident, self- employed, and it is the first time for applying for [second hand articles] license. Commissioner Akashian advised Mr. Taylor to be careful in dealing with customers, and if there is any issue to keep in contact with Lowell Police. Motion by Commissioner Akashian, second by Commissioner Teague, to approve license application of Calvin A. Taylor for Second Hand Articles; vote: ayes – Commissioner Akashian, Commissioner Teague. The Commission reviewed the application for Old Gold, Silver, Platinum license from Oddorm Phal and Narim Phal, d/b/a PVM CASH FOR GOLD, for retail store at 5 Middlesex Street. Oddorm Phal [son] and Narim Phal [mother] were present. Oddorm Phal and Narim Phal are tenants of Hubert and Thelma Martyn. Oddorm Phal stated that they have had a business in Chelmsford, MA for four years. Mr. Phal submitted a letter from the Chelmsford Police Department; communication was ordered to be placed on file for the record. The Commission reminded the applicants to call [and report to] the Lowell Police Dept. on follow-up to any inquiries about purchasing items that have precious metal. Motion by Commissioner Teague, second by Commissioner Akashian, to approve license application of Oddorm Phal and Narim Phal for Old Gold, Silver, Platinum; vote: ayes – Commissioner Teague, Commissioner Akashian. The Commission reviewed the application to amend license for Second Hand Articles issued to 2002 Enterprises, Inc., d/b/a Video Thunder, Abdol Shams, President, premises at 494 Bridge Street; licensee request to amend license to remove condition of VCR, DVD, PlayStation accessories only, thereby allowing all second hand articles. Abdol Shams and Art Shams [son] were present. Abdol Shams stated that he has been in the video business for 20 years; trying to change. Art Shams stated [trying] to be a little more progressive, e.g. cell phones, electronics, other goods, laptops, DVDs, reduce, reuse, and donate. Commissioner Akashian questioned Mr. Shams on the nature of the business. Mr. Shams stated he has a store in Nashua, NH, looking for expansion of business; stated he has a very good relationship [with Lowell police]. Captain Webb stated that Detective Kelly has reported that [business] is very cooperative. Commissioner Teague questioned Mr. Shams. Motion by Commissioner, second by Commissioner Teague, it was voted to approve amendment to the Second Hand Articles license by removing the condition of VCR, DVD, PlayStation accessories only. The Commission reviewed the Old Gold, Silver, Platinum license application from 2002 Enterprises, Inc., d/b/a Video Thunder, Abdol Shams, President, premises at 494 Bridge Street. Abdol Shams and Art Shams were present. Commissioner Akashian questioned the 20 years of being in business in the City of Lowell, and having [the business] turn into another type of retail business. Motion by Commissioner Teague, second by Commissioner Akashian, to approve license application of 2002 Enterprises, Inc., d/b/a Video Thunder, Abdol Shams, President, premises at 494 bridge Street for Old Gold, Silver, Platinum; vote: ayes – Commissioner Teague, Commissioner Akashian. The Commission reviewed the Second Hand Motor Vehicles-Used Car Dealer , Class II, license application from KMH Automotive Corp., Keith Harley, President, d/b/a KMH Motors Corp., for premises at 45 Meadowcroft Street, unit #3, and to include fenced area adjacent to unit #4 and area in front; unit #3 is 1200 square feet [per lease]. Keith Harley was present. Mr. Harley was questioned by the Commission about paragraph #7 of the lease in which it allows for automotive repair only. Mr. Harley stated there is a “typo error;” also, Mr. Harley stated there is close to 2,700 sq. ft. outside, fenced area [adjacent to] unit #1; has service repair business. Commissioner Teague asked where [would you] store cars, you would need 16 spaces. Mr. Harley stated he can store 6 cars inside of garage; nature of business very specialized. Commissioner Teague asked how many spaces dedicated to repair vehicles. Mr. Harley stated one or two other spaces. Commissioner Teague asked Mr. Harley to define the public way from a copied picture of an aerial view of building and surrounding land. Mr. Harley approached the Commissioners table to view the aerial picture from the City of Lowell GIS web site. Mr. Harley pointed his finger to a line which appears to be a License Commission minutes September 27, 2012 side 2 o f 4  property line. Commissioner Akashian stated my concern is that the lease needs to be clarified, protect us, and protect you; you’re diagram should show what spaces, specific square footage. Executive Secretary stated the regulation of the Lowell License Commission which Mr. Harley was given a copy prior to filing his application. Commissioner Akashian stated that the application be taken under advisement. Commissioner Teague stated that the matter [of amending the lease] be brought to the attention of the landlord. Motion by Commissioner Akashian to continue the matter to the next meeting of the License Commission, second by Commissioner Teague; vote – ayes: Commissioner Akashian, Commissioner Teague. The Commission reviewed the Lowell Police Department report of Downtown Disorder January 1, 2012 – September 4, 2012. Commissioner Akashian and Commissioner Teague addressed the report which states a number of incidents i.e. [indecent exposure], vandalism, disorderly. Captain Webb stated that police reports would note establishments. Commissioner Akashian stated the report calls out certain establishments; [Commission] haven’t had complaints; someone saying certain things, did it happen [in] certain establishments, some of the responsibility maybe that of the establishment[s], maybe can’t [be determined establishment responsibility]. Commissioner Teague asked Captain Webb if [incidents] outside licensed premises or inside? Captain Webb stated majority outside. The Commission concluded discussion; moved to the next matter of letters received from Kenneth E. Lavallee, Superintendent of Police, letters regarding allegations that certain alcohol beverages licensees are in violation MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age. The Commission complaints filed against the following licensees: ⋅ Lucky Bee, Inc., dba Pete’s Exxon, 185 Woburn St., malt beverages & wines only package store ⋅ Ornelas Enterprises, Inc., 1012 Gorham St., all alcoholic beverages package store ⋅ Sean Gannem, dba 7-Eleven Store, 55 Chelmsford St., malt beverages & wines only package store ⋅ L & M Liquors, Inc., 424 Chelmsford St., all alcoholic beverages package store ⋅ D & Y Corp., d/b/a Jerry’s Food Store #2, 207 University Ave., malt beverages & wines only package store ⋅ Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, 412-424 Lawrence St., all alcoholic package store ⋅ CB Enterprises, Inc., d/b/a Major’s Pub, 197 Market St., all alcoholic beverages restaurant ⋅ Camila, LLC, d/b/a Reservations, 179 Central St., all alcoholic beverages restaurant ⋅ Lowell Sports Club, Inc., 490 Central St., all alcoholic beverages club ⋅ 280 Central, Inc., d/b/a Ward Eight, 276-280 Central St., all alcoholic beverages restaurant Prior to scheduling hearing dates for licensees, the Commission reviewed calendar for the months of October, November, and December 2012. Contingent upon the Council Chamber being open to hold a public meeting, the Commission voted to schedule meetings for 6:30 p.m. on Thursday, October 18, November 8, November 29, and December 13, 2012. The Commission proceeded to schedule hearings for licensees charged by the Superintendent of Police, as follows: ⋅ Hearings for October 18, 2012 Lucky Bee, Inc., dba Pete’s Exxon, 185 Woburn St., malt beverages & wines only package store Ornelas Enterprises, Inc., 1012 Gorham St., all alcoholic beverages package store Sean Gannem, dba 7-Eleven Store, 55 Chelmsford St., malt beverages & wines only package store ⋅ Hearings for November 8, 2012 CB Enterprises, Inc., d/b/a Major’s Pub, 197 Market St., all alcoholic beverages restaurant Camila, LLC, d/b/a Reservations, 179 Central St., all alcoholic beverages restaurant Lowell Sports Club, Inc., 490 Central St., all alcoholic beverages club 280 Central, Inc., d/b/a Ward Eight, 276-280 Central St., all alcoholic beverages restaurant ⋅ Hearings for November 29, 2012 L & M Liquors, Inc., 424 Chelmsford St., all alcoholic beverages package store D & Y Corp., d/b/a Jerry’s Food Store #2, 207 University Ave., malt beverages & wines only package store Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, 412-424 Lawrence St., all alcoholic package store The Commission reviewed the following communications: ⋅ Kendra Amaral, Deputy Director Division of Development Services, communication dated September 17, 2012 re: T’s Café, 1556-1558 Middlesex Street ⋅ Mr. Thanh Tran, 1558 Middlesex Street Rear, Lowell, MA, letter dated September 11, 2012, from License Commission, notice of vote to deny public amusement license for billiards and pool; order to remove pool tables ⋅ Lowell police incident report, dated 9/24/2012, re: premises Thanh Tran, d/b/a T’s Café, 1558 Middlesex St. rear, used for playing of billiards without license, and after order per License Commission to remove billiards tables upon denial of license application License Commission minutes September 27, 2012 side 3 o f 4  Commissioner Akashian asked after the denial [of Thanh Tran’s license application for billiards and pool April 12, 2012] what can the License Commission do, [may] Law department review? [There was no application for common victualler license from Thanh Tran]. Assistant Solicitor Elliott Veloso said a suit can be filed, presumably commercial, supposed unlicensed use of tables Commissioner Akashian asked if the matter may be addressed immediately in the court of appropriate jurisdiction at earliest convenience. Several residents of Joffre Street at Middlesex Street were present at the regular meeting. Thomas Bellegarde, 45 Joffre St., addressed the Commission about the neighbors’ frustration [with the activity at T’s Café]; Mr. Bellegarde stated it is not fair to neighbors, very serious problem. Debbie Bellegarde [resident of Joffre Street] presented a display of color photographs of T’s Café and [customers] outside; the Commission reviewed the photographs at the Commissioners table. Captain Webb stated that he has observed [the business] . . . special investigation; Captain Webb stated he is not happy about what is going on [at T’s Café]. Commissioner Akashian made the motion that the Commission authorize Law Department to file law suit regarding any [violation] of statute, regulation (CMR) in our behalf. Commissioner Teague asked if Mr. Tran had been informed of [today’s] meeting. Executive Secretary Wynn stated no. Commissioner Teague stated options are available, multi-level fashion, fine/punishment, and notification to Mr. Tran who is not present. Motion failed for lack of a second. Commissioner Teague made the motion requesting Law department provide options in order to address [T’s Café] at next meeting; second by Commissioner Akashian. Assistant Solicitor Veloso stated Law dept may review [matter of] public hearing; the on-going investigation, and law-suit review. Mr. Bellegarde stated [the matter of T’s Café] has been going on all summer. Commissioner Teague stated that he is concerned about Mr. Tran not being notified of meeting. A [third] resident of Joffre Street cited drinking outside, friends inside [T’s Café]. Commissioner Akashian stated call Lowell police department. The next scheduled meeting of the License Commission is October 18, 2012 at 6:30 p.m., to be held in the Council Chamber. Motion by Commissioner Akashian, second by Commissioner Teague, it was voted to adjourn the meeting at 7:50 p.m. Respectfully submitted Ryan Wynn, Ex. Secretary-License License Commission minutes September 27, 2012 side 4 o f 4