License Commission

⋅ Minutes of Lowell License Commission meeting Thursday, January 10, 2013 ⋅ Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 ⋅ Present: License Commissioners: Brian Akashian (Chairman), Christy Delaney, Clifford Krieger; Captain Jack Webb of Lowell police department, Elliott Veloso, Assistant City Solicitor. ⋅ Commissioner Akashian opened the meeting at 6:30 p.m., introducing Commissioner Clifford R. Krieger with a warm welcome. Commissioner Krieger appointed by the City Manager, and received confirmation by the City Council on January 8, 2013. ⋅ Commissioner Brian Akashian and Commissioner Christy Delaney proceeded with the review of testimony from the hearing held December 20, 2012 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, and Atty. John Hartigan, legal counsel for Resendes, Inc. Commissioner Akashian stated the matter had been taken under advisement at the last meeting; the allegations and the testimony regarding Red Line Pub is that a very serious incident took place on November 10, 2012; the evidence shows that the manager did not handle himself well, not becoming action of a manager of a [licensed] establishment. A review of violations, Commissioner Akashian states there had been disorderly conduct; the hindering of agents of the License Commission [Lowell police] in the performance of their duties; and illegalities on the licensed premises, Mr. Sousa, the bar manager, whose actions during an altercation and his behavior to Lowell police was not appropriate. Commissioner Delaney stated that she agreed with the findings stated by Commissioner Akashian. On a motion by Commissioner Akashian, second by Commissioner Delaney, the following disciplinary action was voted: the all alcoholic beverages Restaurant license granted and issued to Resendes, Inc., d/b/a Red Line grill & Pub, premises at 1018 Gorham St., for the calendar year 2013, is suspended effective 8:00 a.m., February 4, 2013, the days of suspension are five (5) days to be served that had been held in abeyance in the License Commission decision on March 22, 2012; ten (10) days suspension, five (5) days of which to be held in abeyance for one (1) year from January 10, 2013; the license suspension shall end at 2:00 a.m., Thursday, February 14, 2013; (vote) ayes - Commissioner Akashian, Commissioner Delaney. ⋅ Katrina Garavanian was present on the matter of public amusement applications filed by Thomas McKay - Mill City Management, Inc., for premises at Lowell Memorial Auditorium, 50 East Merrimack Street. Applications for the following events were reviewed: ⋅ Boxing, 67th Annual Golden Gloves Boxing, January 11, 18, 22, 29, February 5, 12, 15, 19, 20, 2013, 7:30 p.m. to 12:00 a.m., each date, Lowell Sun Charities, promoter ⋅ Show, Sesame Street Live, January 24, January 25, January 26, 2013, morning, matinee, and evening shows, Mill City Management Presents, promoter ⋅ Concert, Lynyrd Skynyrd Concert, Saturday, January 19, 2013, 8:00 p.m. to 11:00 p.m., Mill City Management Presents, promoter ⋅ Show, Men are from Mars, Women are from Venus, Thursday, February 14, 2013, 8:00 p.m. to 11:00 p.m., Mill City Management Presents, promoter ⋅ Concert, Little Big Town Concert, Saturday, February 16, 2013, 8:00 p.m. to 11:00 p.m., Mill City Management Presents, promoter ⋅ On a motion by Commissioner Akashian, second by Commissioner Delaney, licenses were voted approved; ayes – Commissioner Akashian, Commissioner Delaney, Commissioner Krieger. ⋅ Michael LaChance of Merrimack Repertory Theatre, appeared before the License Commission on the matter of his application for special one-day license for malt beverages & wines only, for an event to be held at the office of the MRT, 132 Warren Street, for a wine and beer tasting as a fundraiser, Tuesday, March 19, 2013, 6:00 p.m. to 8:30 p.m. On a motion by Commissioner Delaney, second by Commissioner Akashian, license voted approved. ⋅ Fernando Sousa of the Holy Ghost Society, appeared before the Commission on the matter of his application for a special one-day license for all alcoholic beverages for the Smith Fest event at Holy Ghost Park, 65 Village Street, for Saturday, January 26, 2013 from 11:00 a.m. to 5:00 p.m. Mr. Sousa stated the event is sponsored by a non-profit organization, a run will take place at Shedd Park. On a motion by Commissioner Akashian, second by Commissioner Delaney, license voted approved. ⋅ Christopher Samaras of the City of Lowell, 375 Merrimack Street, appeared before the Commission on the matter of the applications Special events permit for amplified outdoor public entertainment filed for Winterfest 2013. The outdoor venues are: Arcand Drive, enclosed tent,  bands, sound system, outdoor sled track, Fri., February 8, 6 p.m. to 12 a.m.; Sat., February 9, 2013, 12 noon to 12 a.m. ⋅ Jeanne D’Arc Credit Union parking lot, 1 Tremont Place, an enclosed tent, Fri., February 8, from 6 p.m. to 12 a.m., and Sat., February 9, 2013, 6 p.m. to 12 a.m. Mr. Samaras stated that the Friday event at Jeanne D’Arc Credit Union parking lot will end at 10 p.m. on Friday. Commissioner Akashian asked how many years had the event taken place; Mr. Samaras stated 14 years. Commissioner Akashian stated how good the vent had been for the City of Lowell. The hours for Friday, February 8, 2013 at Jeanne D’Arc Credit Union parking lot are amended to 7 p.m. to 10 p.m. On a motion by Commissioner Akashian, second by Commissioner Delaney, licenses voted approved. ⋅ The Commission reviewed the application for Second Hand Articles and/or Clothing – May 1, 2012 to April 30, 2013. Deisamely Vargas, dba JC Wireless, for premises at 70 Bridge Street, is the applicant; she had appeared before the License Commission on December 20, 2012. The Commission requested that Ms. Vargas speak with Lowell police. Ms. Vargas stated that she met with Lowell police officer Kelly on January 2, 2013; the police officer, according to Ms. Vargas, advised her on how to proceed with reporting information to the Lowell Police Department when she has purchased second-hand merchandise. Commissioner Akashian and Commissioner Delaney were satisfied that Ms. Vargas met and spoke with a Lowell police officer about the proper handling of second-hand merchandise in accordance with City ordinance chapter 185 Junk and Secondhand Dealers. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to grant a license for Second Hand Articles and/or Clothing – May 1, 2012 to April 30, 2013 to Deisamely Vargas, dba JC Wireless, for premises at 70 Bridge Street – vote: ayes Commissioner Akashian and Commissioner Delaney. ⋅ The License Commission received representatives of the Citywide Neighborhood Council; Anne Marie Page addressed the Commission in behalf of the Council representatives who were in attendance. Mrs. Page stated that the Council is comprised of all neighborhood leaders; the Council requested that the License Commission consider the quality of life of the City residents when reviewing applications and regulations. Commissioner Akashian thanked Mrs. Page and representatives of the Citywide Neighborhood Council for their attendance and recommendation. ⋅ The Commission reviewed a communication from Atty. Brad M. Pacheco, dated 12/29/2012, re: Lowell Sports Club, Inc. will not seek to renew for 2013 the all alcoholic beverages Club license and any other license and or permit with the City of Lowell, Massachusetts for premises at 490 Central Street. A discussion ensued between the Commission, Executive Secretary, and Captain Webb. Captain Webb stated that Lowell Police Special Investigations had discovered activity at the club which was cause to obtain search warrants; an employee of the club was arrested; there was drug activity, and question as to the true management. ⋅ The following five licensees as reported by the Executive Secretary have not complied with inspections; and that liquor licenses have not been issued for 2013: ⋅ El Rincon, 135 Central Street ⋅ Senmonorom, 1671 Middlesex Street ⋅ Brazilian Tropic, 26 Andover Street ⋅ Reservations, 179 Central Street ⋅ Khmer Sports Club, 74 Middlesex Street ⋅ The Executive Secretary stated that the Massachusetts Alcoholic Beverages Control Commission has an advisory on addressing the matter of a licensee who has filed a renewal application but is not in compliance with Massachusetts law regarding certificates of inspection and liquor liability. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to request the Law Department review the matter of sending notices of hearing to each licensee that is not in compliance with Massachusetts law, having filed renewal application, but is not in compliance law requiring certificates of inspection and liquor liability insurance; so moved. ⋅ It was suggested the matter be reviewed by the Law Department for the purpose of notifying each licensee of a hearing for the revocation of the liquor license. Commissioner Akashian responded to the comment from Captain Webb that Lowell Police detectives observed [construction] work taking place at 74 Middlesex St., the site of Khmer Sports Club; it appears that nightclub will open, a change of the business model originally proposed at the time the license [all alcoholic beverages Restaurant license] was granted [October 20, 2011]. ⋅ On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to notify Khmer Sports Club of a hearing for February 14, 2013 on the matter of the proposed change in business model for Khmer Sports Club; so moved. ⋅ On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 7:00 p.m. respectfully submitted: Ryan J. Wynn, Executive Secretary.