License Commission

⋅ Minutes of meeting of the License Commission held Thursday, October 18, 2012, convened at 6:35 p.m. in nd the Council Chamber, City Hall, 2 floor, 375 Merrimack St., Lowell, MA 01852 ⋅ Present: Commissioner Brian T. Akashian, presiding, Commissioner Christy K. Delaney, Commissioner Denis T. Teague, Capt. Jonathan Webb of Lowell police dept., Elliott Veloso, Assistant Solicitor. ⋅ The Commission reviewed the special one-day license application for malt beverages & wines only by James J. Jeffers for Sun., October 28, 2012 from 5:30 p.m. to 10:00 p.m.; the event is the Annual Benefit Art Auction to be held at the 119 Gallery, 119 Chelmsford St. Mr. Jeffers was present; Mr. Jeffers stated that he has prior experience having had been granted a license previously this year in answer to a question from Commissioner Akashian; Commissioner Teague asked about available parking; Mr. Jeffers stated that there is a lot of parking [in the area]. Mr. Jeffers was advised by Commissioner Akashian to call Lowell Police Station, not 911, if police assistance is needed at the event. Motion by Commissioner Akashian, second by Commissioner Teague, it was voted to grant a special one-day license for malt beverages & wines only to James J. Jeffers for October 28, 2012; vote: ayes – Commissioner Akashian, Commissioner Teague, Commissioner Delaney. ⋅ The Commission reviewed the special one-day license application for all alcoholic beverages by Jennifer Smith Sharkey, Asst. Director Development of House of Hope, Inc., for Thurs., October 25, 2012 from 6:00 p.m. to 8:30 p.m. The event is the Harvest of Hope benefit to be held at the Whistler House Museum of Art, 243 Worthen St. Ms Sharkey was present. Ms Sharkey stated that the House of Hope has the bar service Bartenders of New England, Middleboro, MA. Commissioner Akashian reminded Ms Sharkey that the license is in the applicant’s name, citing the responsibility of the licensee/manager. Commissioner Teague spoke of his personal knowledge of the House of Hope. Motion by Commissioner Teague, second by Commissioner Delaney, it was voted to grant a special one-day license for all alcoholic beverages to Jennifer Smith Sharkey for October 25, 2012; vote: ayes – Commissioner Teague, Commissioner Delaney, Commissioner Akashian. ⋅ The Commission reviewed the applications from Natalia Melo of the Holy Ghost Society. Three special one-day license applications for all alcoholic beverages were filed on October 17, 2012 for the following events to be held at Holy Ghost Park, 65 Village Street: Sat., October 20, 2012 from 9:00 p.m. to 1:30 a.m., Brazilian Night; Sat., October 27, 2012 from 5:00 p.m. to 1:30 a.m., for Soao (sic) Jorge Gala; and Sat., November 2, 2012 from 6:00 p.m. to 1:30 a.m., for New England Stars (hockey team) fundraiser. Natalia Melo was present. Commissioner Akashian addressed the matter of the late filing of Ms Melo’s applications. Assistant Solicitor Veloso stated that the City’s Law office contacted the Massachusetts Attorney General’s office regarding the “open meeting law.” Asst. Solicitor Veloso stated that there is a very narrow exception that the AG’s office acknowledged in this instance [the License Commission] has had numerous experiences with Holy Ghost [Society], and it is not expected that there would be public comment; however, the matter should be placed on the next meeting agenda to allow the public to comment if they may wish to do so. Commissioner Akashian, noting the narrow exception per the AG’s office, [the Holy Ghost Society] has spent a lot of money, and has continued to cooperate with the City of Lowell. Natalia Melo stated her apology for the lateness of the applications. Commissioner Teague addressed Ms Melo about the 1:30 a.m. closing for each application. Ms Melo stated that alcohol beverages service will stop at 1:00 a.m. Commissioner Teague expressed great concern after 1:00 a.m. Commissioner Akashian stated that there have been no violations; the only complaints have been for outside amplification. Executive Secretary stated that previous applications/licenses [from the Holy Ghost Society] had a 2:00 a.m. closing. On a motion by Commissioner Akashian, second by Commissioner Teague, it was voted to grant a special one-day license for all alcoholic beverages to Natalia Melo of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, for each event: ⋅ Brazilian Night, Saturday, October 20, 2012, 9:00 p.m. to 1:30 a.m. ⋅ Soao (sic) Jorge Gala, Saturday, October 27, 2012, 5:00 p.m. to 1:30 a.m. ⋅ New England Stars (hockey team) fundraiser, Friday, November 2, 2012, 6:00 p.m. to 1:30 a.m. ⋅ Vote: ayes – Commissioner Akashian, Commissioner Teague, Commissioner Delaney ⋅ The Commission reviewed for ratification the issuance on October 11, 2012 of a special events permit for amplified outdoor public entertainment to Global Spectrum/Tsongas Center, Kyle Swartz – Senior Event Manager, 300 Martin Luther King Jr. Way, the event was the UML Fall Festival, Sat., October 13, 2012, 10:00 a.m. to 4:00 p.m., held behind Tsongas Center [north side], a sound system for live music; motion by Commissioner Akashian, second by Commissioner Teague, to ratify; so voted. ⋅ The Commission reviewed special events permit for amplified outdoor public entertainment applications from: ⋅ Global Spectrum/Tsongas Center, Kyle Swartz – Senior Event Manager, 300 Martin Luther King Jr. Way, the event is the Alan Jackson Block Party, Fri., October 19, 2012 from 5:00 p.m. to 7:00 p.m., to be held behind Tsongas Center [north side], sound system for band and radio station. ⋅ Global Spectrum/Tsongas Center, Kyle Swartz – Senior Event Manager, 300 Martin Luther King Jr. Way, the event is UML Open House, Sun., October 28, 2012 from 8:00 a.m. to 12:00 p.m., to be held at the circle/grass area of the John F. Cox Circle, UML Band to perform several sets without a sound system. ⋅ Kyle Swartz was absent. Commissioner Akashian stated Mr. Swartz presence is necessary, adding that other applicants are expected to be in attendance when their applications are [on the meeting agenda]. Commissioner Akashian stated a letter should be sent to Mr. Swartz to advise him of the License Commission policy; Commissioner Teague stated his agreement. Motion by Commissioner Akashian, second by Commissioner Teague, it was voted to grant to Global Spectrum/Tsongas Center special events permits for amplified outdoor public entertainment for October 19, 2012 and October 28, 2012; vote: ayes – Commissioner Akashian, Commissioner Teague, Commissioner Delaney. ⋅ The Commission reviewed the matter of the application for Second Hand Motor Vehicles-Used Car Dealer, Class II, license continued from September 27, 2012: 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]. Mr. Harley was absent. th Executive Secretary stated that he sent Mr. Harley a letter to remind him of the October 18 meeting, and of his telephone conversation with Mr. Harley. Commissioner Akashian stated there will a second call for Mr. Harley at the end of the meeting. ⋅ The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Lucky Bee, Inc., d/b/a Pete’s Exxon, Peter Vogiatzoglou, Sr., Manager, 185 Woburn St., a malt beverages & wines only package store letters, re MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age. Peter Vogiatzoglou, Jr. and Erica Page were present, representing Lucky Bee, Inc. Captain Webb read the letter from the Superintendent of Police in which is described the incident of September 6, 2012. In part, the letter reads as follows: At approximately 6:15 PM, the [underage] male entered the Lucky Bee Store at 185 Woburn St. The 20 year old male purchased a twelve pack of Heineken Light beer, and was not asked for identification by the female clerk. Captain Webb stated that Lowell police have concern for the location. Detective Richard Desilets addressed the License Commission, speaking of the incident at the Lucky Bee store. Peter Vogiatzoglou, Jr. addressed the Commission, stating he had no excuse, has tried to get employees on the same page. Commissioner Akashian stated that the [compliance check] is a teaching tool but Lucky Bee [has] bad students, noting that it is the fourth instance [being cited for not asking for identification prior to sale of alcohol beverages]; Commissioner Akashian stated there is no excuse whatsoever, there is a Dunkin’ Donuts [and other business activities]; [Lucky Bee] is held to a higher standard. Commissioner Akashian stated that a seven days suspension was held in abeyance [from decision of the License Commission on May 17, 2012]; recommendation is [the] seven days suspension and [additional] thirty days suspension, total of thirty-seven days suspension. Commissioner Akashian stated that another incident [recommendation] to revoke license. Commissioner Teague remarked that is a cogent analysis; citing that [Lucky Bee] store is next to highway, fourth time, discipline is in order. Commissioner Delaney agreed with recommendation for discipline. Motion by Commissioner Teague, second by Commissioner  Delaney, it was voted that Lucky Bee, Inc. violated MGL chapter 138, section 34, on September 6, 2012, and that the malt beverages & wines only Package Store license granted and issued for calendar year 2012 to Lucky Bee, Inc. for premises at 185 Woburn Street is suspended for seven days that were held in abeyance from decision of License Commission on May 17, 2012, and to add thirty days suspension; that the thirty-seven days of suspension shall commence November 1, 2012; vote: ayes – Commissioner Teague, Commissioner Delaney, Commissioner Akashian. Furthermore, the License Commission was in agreement of the recommendation for said license to be revoked, if the licensee is found [at a later date] to be in violation of chapter 138 of Massachusetts General Laws, and the alcoholic beverages rules and regulations of the Commonwealth of Massachusetts and the Lowell License Commission. The Executive Secretary spoke of the appeal of the License Commission decision that the licensee may pursue with the Alcoholic Beverages Control Commission. ⋅ The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Ornelas Enterprises, Inc., 1012 Gorham St., Teresa Ornelas, Manager, all alcoholic beverages package store, re MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age. Teresa Ornelas was present. Captain Webb read Superintendent’s letter to the License Commission dated September 12, 2012. Detective Desilets of the Lowell police dept. was present. Mrs. Ornelas stated she was responsible for the illegal sale on September 6, 2012; she had not asked for ID from the underage person who was working with Lowell Police Special Investigations Section; the item purchased was a 12-pack of Heineken Light Beer. Commissioner Akashian made the recommendation that the letter be placed on file; advised that it is a teaching experience. Mrs. Ornelas stated that the store does not have an “ID swipe,” but she had taken a TIPS class. Motion by Commissioner Akashian, second by Commissioner Teague, it was unanimously voted to place letter on file without further action. ⋅ The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Sean Gannem, d/b/a 7-Eleven Store 2466-33097A, 55 Chelmsford St., Sean Gannem, Manager, malt beverages & wines only package store, re MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age. Sean Gannem was present. Mr. Gannem waived a reading of the complaint. Captain Webb presented a summary of the complaint. Mr. Gannem questioned the manner of the Lowell police operative; Mr. Gannem presented a picture of the transaction as recorded on the store security system. The Commission reviewed the picture as did Captain Webb. Detective Desilets stated the [operative] was confused. Commissioner Teague question Detective Desilets as to how tall the [operative] is; Detective Desilets stated 6 feet. Commissioner Akashian stated [operative] presented two twelve packs [to the register], only purchased one. Mr. Gannem stated that the store security is an advanced system, personal ID [check]. Commissioner Akashian asked of the store policy; Mr. Gannem stated a person [is to appear] over thirty. Commissioner Akashian stated he was surprised, he is aware the store is a strict establishment. Mr. Gannem stated two years ago, there was a similar incident; the store employees are trained, there is a security system; there is a company that works undercover. The employee was let go after the incident according to Mr. Gannem. Commissioner Gannem stated your store is different from a package store; recommend service for undercover check. Motion by Commissioner Akashian, second by Commissioner Teague, it was unanimously voted to suspend the malt beverages and wines only Package Store license for two days, and to hold said suspension in abeyance for six months. ⋅ Asst. Solicitor Elliot Veloso stated options in order to address the use of unlicensed billiard tables and of the operation of unlicensed restaurant at T’s Café, 1558 Middlesex Street Rear. Asst. Solicitor Veloso explained case law on licensing. The licensing authority can deny for illegal use without hearing; criminal sanctions can be imposed, Massachusetts General Law chapter 140, sections 178 and 179. Commissioner Akashian stated no power for the License Commission to act; since no license has been issued, the Lowell police and the District Attorney have jurisdiction. Tom Bellegarde, a resident of Joffre Street, abutting  property owner to 1558 Middlesex St., asked captain Webb a question about having the parking checked- out. Asst. Solicitor Veloso stated an enforcement officer can check into the parking. ⋅ Executive Secretary requested a review of the issuance on October 3, 2012 of a common victualler license to James Holland, d/b/a Jim’s Snack Bar, City Hall, 375 Merrimack Street, re waiver of annual license fee in accordance with MGL chapter 6, section 133D, to wit: Notwithstanding the provisions of any general or special law to the contrary, no rental or other charge shall be demanded, assessed, exacted, required or received for the granting of authority to a vendor licensed by the commission for the blind to operate a vending facility pursuant to the provisions of this chapter. Motion by Commissioner Akashian, second by Commissioner Teague, it was voted unanimously to reimburse the $75.00 fee for common victualler license to James Holland. ⋅ Applications by Number Two China Star LLC for an all alcoholic beverages Restaurant license, common victualler license, and license for entertainment in a licensed restaurant for premises at 1733 Middlesex St. The Commission found the application incomplete, to be continued to November 8, 2012 meeting. ⋅ The Commission voted to schedule hearing for November 8, 2012 on the application by Bhumi Liquors, Inc. for the transfer of the all alcoholic beverages Package Goods Store license from Ornelas Enterprises, Inc. for premises at 1012 Gorham Street; legal notice for publication October 26, 2012. ⋅ No appearance of Mr. Harley for the used car Dealer application. ⋅ No appearance of Mr. Swartz for amplification permit applications; per order of Commission notification Mr. Swartz to be sent copy of License Commission policy on attendance of applicants at meetings. ⋅ The next scheduled meeting of the License Commission is November 8, 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 7:40 p.m. Respectfully submitted, Ryan Wynn, Ex. Secretary-License.