License Commission

Minutes for meeting of the License Commission held Thursday, December 20, 2012, convened at 7:00 p.m. in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Commissioner Brian T. Akashian [Chairman], Commissioner Christy Delaney, Capt. Jonathan Webb of the Lowell police dept., Elliott Veloso, Assistant Solicitor The Executive Secretary requested of the License Commission a vote to ratify cancellation of the special one-day license for all alcoholic beverages per request of Natalia Melo of the Holy Ghost Society at Holy Ghost Park, 65 Village Street on December 7, 2012; the license was for the following event - Dwane birthday party, Saturday, December 8, 2012, 6:00 p.m. to 1:30 a.m.; credit fee paid for license granted November 8, 2012; issued November 13, 2012, license # 98SP2012. Motion by Commissioner Akashian, second by Commissioner Delaney, to ratify the cancellation of said license; so moved. The Executive Secretary requested of the License Commission a vote to ratify the issuance of a special one- day license for all alcoholic beverages to Natalia Melo of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, fundraiser for Family Leite, Saturday, December 15, 2012, 6:00 p.m. to 1:30 a.m., December 16, 2012 @ 1:30 a.m., Credit fee for cancelled event of December 8, 2012, license #98SP2012, paid $125.00 on 11-13-2012. Motion by Commissioner Akashian, second by Commissioner Delaney, to ratify the issuance of said license; so moved. The Commission reviewed the application for special one-day license for malt beverages & wines only, or either one by Christine Trainor of Aramark, Allen House, 3 Solomont Way, South Campus, UMass-Lowell, Retirement Party, Friday, January 25, 2013, 2:30 p.m. to 5:30 p.m. Christine Trainor was present. Ms. Trainor stated that she had not submitted an application previously; Commissioner Akashian advised Ms. Trainor that the license would be in her name, and to be aware of what is going-on [at the event]. Motion by Commissioner Akashian to grant the license for said event, second by Commissioner Delaney; so moved. The Commission opened the public hearing on the application by TreMonte Restaurant Group, LLC, Anthony Contarino, Manager, for an all alcoholic beverages Restaurant license, for premises at 44 Palmer Street, 112 Middle Street, unnumbered door south side; first floor-one room for restaurant, bar area, kitchen; second floor-dining room; basement for storage. The Commission reviewed the affidavit filed by the applicant regarding notification having been sent to abutters, property owners touching, and any church, school, or hospital within a radius of 500 feet of 44 Palmer St. in compliance with section 15A of chapter 138, MGL; affidavit was ordered to be placed on file. Anthony Contarino was present. Mr. Contarino spoke of the two restaurants in Woburn [Massachusetts] that he has financial interest. Mr. Contarino stated that the second floor of the Palmer Street premises will offer entertainment; the restaurant will have a “bar club,” food, restaurant-wise will be stone-fried pizza, draft beer, 20-seat bar, horse-shoe shape, 6 foot lights around bar. The restaurant will cater for christenings, business meetings; price for food $9 to $17 range; there will be outdoor seating. Commissioner Akashian spoke of [violations in 2012] that had occurred with the previous restaurant; Commissioner Akashian offered advice that a good product will sell; business model to encourage change. Commissioner Akashian asked if there was anyone who wished to speak in favor of the application. Mr. Gregory Hickox stated that the Woburn restaurants have a great reputation. Commissioner Akashian asked if anyone wished to speak in opposition to the application; there was no one who spoke in opposition. The Commission closed the public comment portion of the hearing. Commissioner Delaney wished Mr. Contarino the best of luck when the restaurant does open. Commissioner Akashian and Mr. Contarino spoke of the [upper-class students] at UMass-Lowell. Mr. Contarino stated that the food from the menu and the price of draft-beer would be to cater to the college student budget. Commissioner Akashian asked Mr. Contarino if the wait-staff would be TIPS trained; Mr. Contarino responded in the affirmative. The License Commission did not find that an all alcoholic beverages Restaurant license for the premises at 44 Palmer Street is detrimental to the religious activities held at St. Anne’s Episcopal Church, 8 Kirk St., and at St. Joseph’s The Worker Shrine, 37 Lee Street; the location of each church is within a 500 foot radius from the nearest corner of the respective church to that of the building of premises at 44 Palmer St. License Commission minutes December 20, 2012 page 1 o f 7  On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to grant the all alcoholic beverages Restaurant license for calendar year ending December 31, 2013 to TreMonte Restaurant Group, LLC, Anthony Contarino, Manager, for premises at 44 Palmer Street, 112 Middle Street, unnumbered door south side; first floor-one room for restaurant, bar area, kitchen; second floor-dining room; basement for storage. [The application is subject to approval by the Massachusetts Alcoholic Beverages Control Commission]. The Commission voted to approve Anthony Contarino as manager of record for TreMonte Restaurant Group LLC. The Commission also voted to grant the following licenses for calendar year 2013 to TreMonte Restaurant Group LLC for premises at 44 Palmer Street: common victualler license; license for entertainment in a restaurant for live music, disc jockey, and juke box; license for automatic amusement devices. The Commission opened the public hearing on the application by Rosenbloom Corporation, Sangita A Patel, President, for the transfer of the all alcoholic beverages Package Goods Store license from Ornelas Enterprises, Inc., Teresa Ornelas, President, for premises at 1012 Gorham Street, and two unnumbered doors; first floor-one room, three rooms for storage; cellar for storage. Sangita Patel was present, and Atty. George Theodorou as legal counsel for Rosenbloom Corporation. Teresa Ornelas was present as owner of Ornelas package store. Atty. Theodorou addressed the Commission, citing the Rosenbloom store up the street . . . when the opportunity came up [Mrs. Patel] decided to invest in the [package store] business . . . one family [transferring] to another family. When asked by the Commission, Mrs. Patel stated that she has had prior experience, having worked at her brother’s package store in Hudson for 10 years. Mrs. Patel stated that she had applied before at a different location [in 2012 application for a malt beverages & wines only Package Store license by Test N Build Inc., d/b/a Rosenbloom Groceries, Sangita Patel, President, for premises at 1088 Gorham Street]. Commissioner Akashian requested public comment as to be in favor or opposed; there were no individuals who spoke in favor or in opposition to the application. The public comment portion of the hearing was closed. Commissioner Akashian asked if Mrs. Patel intended to stay at the location; Mrs. Patel stated that she would remain at the location, unless there may be a need to expand to another location. Commissioner Akashian stated his experience having gone to the store, suggesting an increase in lighting in the parking lot as a safety measure for customers. Commissioner Akashian asked Captain Webb if Lowell police had a problem with the store; Captain Webb stated no. On a motion by Commissioner Delaney, second by Commissioner Akashian, it was voted to grant the transfer of the all alcoholic beverages Package Store license from Ornelas Enterprises, Inc. to Rosenbloom Corporation for premises at 1012 Gorham Street, and two unnumbered doors; first floor-one room, three rooms for storage; cellar for storage, for calendar year 2012 [2013]; vote: ayes – Commissioner Delaney and Commissioner Akashian. The Commission voted to approve Sangita A. Patel, as manager of record for Rosenbloom Corporation. [The application is subject to approval by the Massachusetts Alcoholic Beverages Control Commission]. The Commission reviewed the application by Lowell Post 87 of the Dept of Mass The American Legion, all alcoholic beverages Club licensee for premises at 684 Westford Street, for change of manager of record from Dennis Pare to George W. Goodwin of Lowell. George Goodwin and Dennis Pare were present. In response to several questions from Commissioner Akashian, Mr. Goodwin stated that he never directly managed a licensed establishment for alcoholic beverages; he has been a part-time bartender, and has not been TIPS certified. Dennis Pare stated that the club has a membership of over 100; Friday night has approximately 10-12 people, the average age is 60 years; members have cards for entry, and a member can press a buzzer in order to enter the premises. Mr. Goodwin stated that he will work 2 to 3 hours every day; employees are part-time, and there are volunteers. Commissioner Akashian stated to Mr. Goodwin that the buck stops with you. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to approve George W. Goodwin as manager of record for The American Legion [the application is subject to approval by the Massachusetts Alcoholic Beverages Control Commission]. License Commission minutes December 20, 2012 page 2 o f 7  The Commission reviewed the application for a license for Second Hand Motor Vehicles-Used Car Dealer, Class II, for calendar year 2013 beginning January 2, 2013 Diesel Motor Group LLC, Gregory T. Hickox, Manager, and Sokline Khin, Manager, for premises at 20 Saunders Street, an open lot approx. 7,164 sq. ft. with one story building for office approx. 1,200 sq. ft. Conditions: maximum number of motor vehicles for sale/storage is 12; no junk vehicles or parts thereof; no string lights or banners. License for calendar year 2012, to expire January 1, 2013: Michael T. Ing, d/b/a Tech Heng Used Cars & Repairs, used car Dealer, Class II, license # 700-B, for premises at 20 Saunders St. Commissioner Akashian at the outset stated that the law office he is employed with has represented the landlord, and current licensee, of premises at 20 Saunders Street; that he [Commissioner Akashian] has no financial arrangement with Mr. [Michael] Ing presently. Atty. Phil Nyman introduced himself to the Commission as legal counsel for the applicant, Diesel Motor Group LLC. Gregory T. Hickox and Sokline Khin were introduced as Managers of the LLC. Mr. Hickox will not be active in the day-to-day business; Mr. Khin will be very active in the dealership according to Atty. Nyman. The Saunders Street premises has been refinished and refurbished; there is an office, computer, bathroom, large yard, signage on the building in order to increase and make better for customers. The zoning district is o.k., ground surface, and repair facility available, improvements, re-painted. There is a large connection with the Cambodian community according to Atty. Nyman. Mr. Hickox stated that he is involved in real estate in Lowell; vehicles to be offered for sale are medium class. There has been no problem with law enforcement. The LLC has a lease for whole year with an extension for a second year. Commissioner Akashian asked Mr. Hickox and Mr. Khin if they have had experience selling cars. Mr. Hickox stated he has none; Mr. Khin stated he is in training, learning [about the business]. Commissioner Akashian stated that the Registry of Motor Vehicles has specific regulations on dealer plates; make sure you are familiar with Massachusetts statute and regulations. Commissioner Akashian stated that there is a limit of 12 cars for the open lot, pointing out that from an aerial photograph available on the City of Lowell GIS web-site, a count of 29 vehicles appears in the photo; do not want to see more than 12 vehicles on the lot. Attorney Nyman stated that he had said as much. Commissioner Delaney stated that compliance with the conditions is important; since there is no real experience [between the Managers], who will there to advise you. Mr. Khin stated friends [will advise]. Commissioner Delaney reminded the Managers that cars sold have a warranty. Motion by Commissioner Delaney, second by Commissioner Akashian, it was voted to grant a license for the calendar year to expire January 1, 2014 for Second Hand Motor Vehicles – Used Car Dealer, Class II, to Diesel Motor Group LLC, Gregory T. Hickox, Manager, and Sokline Khin, Manager, for premises at 20 Saunders Street, an open lot approx. 7,164 sq. ft. with one story building for office approx. 1,200 sq. ft. Conditions: maximum number of motor vehicles for sale/storage is 12; no junk vehicles or parts thereof; no string lights or banners. The Commission reviewed the application for Second Hand Articles and/or Clothing – May 1, 2012 to April 30, 2013 from Deisamely Vargas, dba JC Wireless, for premises at 70 Bridge Street. Deisamely Vargas was present. When asked by Commissioner Akashian, Ms. Vargas stated that she would be buying and selling [used] cell phones. Commissioner Akashian questioned as to whether or not Ms. Vargas had reviewed the rules and regulations of the Commonwealth of Massachusetts. Ms. Vargas stated she had. Commissioner Akashian cited his personal experience of a losing a cell phone, stated [the concern of the Commission] of selling stolen property, i.e. cell phones. Ms. Vargas stated she would hold for 30 days [the items purchased from customers]. Ms. Vargas acknowledged that she had not spoken with anybody at the Lowell police department. Ms. Vargas previous experience has been working at flea markets. Commissioner Akashian, due to the concern the Commission has for the receiving of stolen property by second hand dealers, he moved that the matter of the application be continued to next scheduled meeting of the License Commission, in order that Ms. Vargas arrange for a meeting with Lowell police about the procedure to be followed per regulation and police request for records of property owners who sell cell phones. Commissioner Delaney agreed. Captain Webb stated police will go over the procedure, particularly with regard to [used] electronics. Motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to continue the matter of the application by Deisamely Vargas to next scheduled meeting [to be determined]. License Commission minutes December 20, 2012 page 3 o f 7  The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, Januareo D. Pereira, Manager, all alcoholic beverages Package Store licensee at 412-424 Lawrence Street, re MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age [1 count]. Mr. Pereira was present. Mr. Pereira stated an apology for not attending the hearing which was first scheduled for November 29, 2012. The Commission accepted the apology of Mr. Pereira. Mr. Pereira stated that he would wave reading of the alleged violation. Captain Webb addressed the Commission about the incident in which Lowell police were conducting a compliance check of licensed establishments on September 14, 2012; a female operative was given specific instructions on how to proceed upon entering the package store; the store sales clerk failed to ask for picture identification from the female when she came to the register with a six-pack of Twisted Tea in hand. She was able to make the purchase. After exiting the store, the female operative went directly to where police were waiting. Detectives entered the store, and informed the sales clerk of the illegal sale. The sales clerk, George Sousa, admitted to Lowell police that he did not ask the female [customer] for identification. Mr. Pereira stated that his employee did not do his job; he has been in the business for 28 years. Mr. Pereira stated that he has been cited three or four times in the past [most recently 2009 under the corporate name Gerald V. Hickey, Inc.] Commissioner Akashian stated to Mr. Pereira that you need to change procedure; sales clerks need to TIPS certified; the compliance check is meant to keep you on your toes. If police go in, Commissioner Akashian stated, it must be happening other times. Mr. Pereira was asked if he had a scanner in the store for ID cards; he said he did, and cameras everywhere in the store. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to find Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, Januareo D. Pereira, Manager, all alcoholic beverages Package Store licensee at 412-424 Lawrence Street, in violation on one (1) count of MGL chapter 138, section 34, to wit - sale or delivery of alcoholic beverage(s) to a person under 21 years of age on September 14, 2012. The Commission, on the motion by Commissioner Akashian, second by Commissioner Delaney, voted to suspend the all alcoholic beverages Package Store license granted and issued to Januareo D. Pereira & Son, Inc. for one (1) day, and to hold said one (1) day suspension in abeyance for three (3) months [to expire March 20, 2013]; vote – ayes Commissioner Akashian, Commissioner Delaney. The Commission opened the hearing on the status of manager of record for Camila, LLC, d/b/a Reservations, Dolores Cruz, Manager, all alcoholic beverages Restaurant licensee at 179 Central Street. Dolores Cruz and Jorge Torres were present. Attorney Michael Talty was present, as legal counsel for Camila, LLC. Commissioner Akashian questioned why no one was present at the last meeting [November 29, 2012]. Attorney Talty acknowledged that it was the fault of Ms. Cruz and her son, Jorge Torres, for their absence; Atty. Talty asked if they move on, having admitted their fault. Commissioner Akashian stated that Mr. Torres had spoke with Mr. Wynn [Executive Secretary-License Commission] on the day of the hearing [November 29, 2012]. Commissioner Akashian stated it shows a complete disregard [for the License Commission]. Attorney Talty stated [they] understand; that we want to move forward. Atty. Talty stated the hours of the business have changed; no longer opened during the day; nights and weekends, Thursday to Sunday, 4 p.m. to 2 a.m. Commissioner Akashian stated that the City [police, inspectors] have to be able to get in touch; City Hall needs to have contact respond; can’t be [unreachable via mail and telephone]. The Commission took no disciplinary action. The Commission reviewed the application by Camila, LLC, d/b/a Reservations, all alcoholic beverages Restaurant licensee at 179 Central Street, for change of manager of record from Dolores Cruz to Jorge Torres of Lowell. Atty. Michael Talty, with Dolores Cruz and Jorge Torres present, stated that Mr. Torres is TIPS trained, has been working at the restaurant for a year and a half. Captain Webb stated when asked by the Commission if he wished to comment stated that it has been difficult for police to enter the establishment; on October 26, 2012, Detective Coughlin went to the restaurant to serve notice for the License Commission hearing; she was told by Dolores Cruz son, Jorge Torres, that he was the manager of the club, and that Ms. Cruz was out-of-state. Captain Webb cited the incident of April 28, 2012 when Officer Pappas had gone to the restaurant, and on October 14, 2012 when police also went to the restaurant. License Commission minutes December 20, 2012 page 4 o f 7  Captain Webb stated [police] have some question of who is managing. Commissioner Akashian stated that the reputation [of management] is not very good; if application is approved it is expected that [Mr. Torres] be in cooperation with the License Commission, Lowell police, and inspectors of the Fire Department and Development Services. Commissioner Akashian stated today is December 20, 2012, there are eleven (11) inspections not completed; someone has to be present for Fire Department may address [the responsible manager]; there are eleven (11) days to do it; you got to schedule and be down there. Motion by Commissioner Akashian to reinstate the all alcoholic beverages Restaurant license for Camila, LLC, second by Commissioner Delaney, motion carried. Commissioner Akashian stated that the CORI check has to come back; motion by Commissioner Akashian to approve Jorge Torres as manager of record for Camila, LLC, pending the outcome of the CORI check, second by Commissioner Delaney, motion carried. Commissioner Akashian told Dolores Cruz that she is manager of record pending the CORI and then subsequently the application being approved by the Massachusetts Alcoholic Beverages Control Commission. The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against BEKS, Inc., d/b/a Brian’s Ivy Hall, Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee at 74 Merrimack St., re Rule # 25 of the Rules and Regulations of the License Commission, to wit, licensee did not notify the Lowell police department immediately after an assault on the premises. Kevin Hayhurst was present. Captain Webb read the summary of the incident on November 25, 2012 at 1:21 a.m., at Brian’s Ivy Hall, Lowell police officer Pappas spoke to an employee; an altercation had taken place inside the establishment. Officer Pappas is present. Kevin Hayhurst stated he had seen the altercation, that an employee was instructed to contact the police, an arrest was made of two people; Lt. Hodgdon was notified as it occurred. Commissioner Akashian asked Lt. Hodgdon of the matter. Lt. Hodgdon stated that he was flagged down in his police vehicle, an individual approached his vehicle, went to John Street, employee was not identified, the one who notified police of two males having been assaulted. Officer Charles S. Pappas stated that he spoke to a victim, who didn’t want to tell officer; a suspect was stopped by Lt. Hodgdon. Assistant Solicitor Veloso had no questions when asked by Commissioner Akashian. Commissioner Delaney asked about other employees [of Brian’s Ivy Hall]. There was no other person present to speak for Brian’s Ivy Hall. Kevin Hayhurst stated that he had been standing right there at the time it happened. Commissioner Delaney stated that she is trying to understand, what to clarify [where people were] at the time. Mr. Hayhurst stated there is a common hallway; bouncer was stationed on the ground floor. Captain Webb was asked by the Commission of any [other] incidents of not reporting; Captain Webb stated not other than sound, no complaints. Commissioner Akashian stated that it is a good practice to call Lowell police, read rule; that is something to address on revision of rules and regulations . . . good practice to call. Commissioner Delaney agreed, especially when an altercation occurs, [which] is alarming itself, enough time elapsed. Officer Pappas, when asked by the Commission, stated employees were cooperative. Lt. Hodgdon, when asked by the Commission, stated there [were] no issues, no problem. Commissioner Akashian stated to call in the future, even if you flag down police. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted place Superintendent’s letter on file; no additional action taken. The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against Resendes, Inc., d/b/a Red Line Grill & Pub, John M. Resendes, Manager, all alcoholic beverages Restaurant licensee at 1018 Gorham St., re MGL c. 272, s. 53 – Disorderly Conduct; MGL c. 138, s. 63A – Hindering the investigation of agents of the License Commission; 204 CMR 2.05 (2) No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to the place in or on the licensed premises. The licensee shall be responsible therefor, whether present or not. John Resendes was present. Atty. John Hartigan was present as legal counsel for Resendes, Inc. Capt. Webb read summary of incident which occurred on November 10, 2012 at 2:05 a.m. Atty. Hartigan stated that the allegation of illegality not exactly accurate, everything outside premises. Mr. Sousa not fully understood obligation end[s] on licensed premises; he exited, tried to assist people, officers first arrived, had him from behind. There were no Trainview hats, t-shirts; police officer hits Mr. Sousa in head, he was upset, he was told to go to the deck. Ms. Carvalho was present. Mr. Sousa goes inside to smoke a cigarette; two License Commission minutes December 20, 2012 page 5 o f 7  officers cut him off premises. It is important to point out Mr. Sousa is upset; there is no issue of hindering investigation, no over-serving, no over-crowding . . . thinks what we got, no justification . . . Mr. Sousa to be running show, to keep in context, Mr. Sousa got hit in the head. Commissioner Akashian asked if the City had any questions . . . to speak to Mr. Sousa. Asst. Solicitor Veloso questioned Daniel Sousa about why he got involved with the altercation; Mr. Sousa stated he tried to help; asked when Officer Fernandez told you to back away . . . Mr. Sousa stated he went into the premises to grab a cigarette; asked when Lt. Dowling approached . . . Mr. Sousa stated he was outside; asked if he went into the premises . . . Mr. Sousa stated he did not go in; asked why did he clear the premises . . . Mr. Sousa stated couple of men were arguing, there were no weapons. There were no further questions for Mr. Sousa from Asst. Solicitor Veloso. Commissioner Akashian and Commissioner Delaney questioned Mr. Sousa about getting involved in the altercation. Mr. Sousa stated [the altercation] was all outside, when [people] tried to come back on the deck, he told them to get out, kept them out of the establishment; Mr. Sousa said someone informed him that there was a fight outside, officer showed-up, went inside, and went out to deck. Lt. Ed Dowling of the Lowell police department was questioned. He said he has been an officer for 34 years. When he arrived, Officer Fernandez had arrived, two individuals taken into custody, bartender, 25 people watching, bouncer had white t-shirt soaked in blood, there was blood on the door-jam, inside door, deck. Lt. Dowling stated he spoke to the barmaid . . . out-of-control. Mr. Sousa came in screaming, telling everyone to get out, and pointing to bouncer. Police told Mr. Sousa to relax, wanted to find out what happened . . . went back out to the parking lot, couple of [beer] bottles thrown at the cruiser . . . a person involved in fight was not wearing shirt, blood inside bar. Asst. Solicitor Veloso stated blood inside on various locations. Lt. Dowling stated call came in via 9-1-1; [Mr. Sousa] rude and intoxicated. Lt. Dowling stated he did not witness [fight] in parking lot . . . Mr. Sousa when on the deck refused to help us, asked 3 or 4 times refused, first 3 times [Sousa] at top of stairs, we [police] were at the bottom of the deck. Atty. Hartigan questioned Lt. Dowling as to blood inside establishment; Atty. Hartigan made reference to police report, submission to License Commission; Atty. Hartigan cites last paragraph of police report [there is no reference to blood in the report received by the License Commission] . . . Lt. Dowling stated his report it is noted of blood. Commissioner Akashian stated that testimony [regarding blood] will not be considered by the Commission. Commissioner Akashian referenced the Commission’s previous discussion about evidence not available before a hearing. Atty. Hartigan said he had no further questions. Commissioner Delaney stated she had no questions for Lt. Dowling. Commissioner Akashian questioned Mr. Sousa as to how long he has been working at the Trainview; Mr. Sousa stated 3 years, he stated when asked that he has had no training [no T.I.P.S. certification]; Mr. Sousa said he had been taught by a couple of bartenders. Commissioner Akashian made reference to his [Sousa] presence as manager when there was a fight last February [February 11, 2012] at the Trainview . . . told that deck is part of the licensed premises; thought you were protecting patrons, 15 officers [have to] go to your place . . . there are no allegations of over-service, minors . . . [but] something happened. Asst. Solicitor Veloso stated this is the second incident this year . . . altercation; raises serious [questions] of management of establishment; there is no report to contradict Lowell police [report and testimony]. Atty. Hartigan stated that of the previous incident . . . failure to report incident last time; cited the Resendes family history. Commissioner Akashian stated that the scale of the incident is troublesome . . . would like to take under advisement, to think about it. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to take the matter of the testimony and police report under advisement. Commissioner Akashian and Commissioner Delaney reviewed with the Executive Secretary the list of licensees who have filed renewal for 2013 the licenses for alcoholic beverages licensees re: common victualler entertainment, automatic amusement device; the renewal of liquor licenses in accordance with MGL chapter 138, section 16A Commissioner Akashian and Commissioner Delaney reviewed the 2013 calendar, selecting the following dates for License Commission meetings to be held in the Council Chamber, 2nd floor, City Hall, 375 Merrimack Street, meetings scheduled to convene at 6:30 p.m. on the following Thursday evenings: January License Commission minutes December 20, 2012 page 6 o f 7  10, 31, February 14, 28, March 14, 28, April 11, 25, May 9, 23, June 6, 20, July 18, August 1, 22, September 12, 26, October 10, 24, November 7, 21, December 5, 19. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 9:10 p.m. Respectfully submitted: Ryan J. Wynn Executive Secretary January 9, 2013 License Commission minutes December 20, 2012 page 7 o f 7