License Commission

Minutes for Lowell License Commission meeting, Thursday, January 31, 2013; convened at 6:30 p.m. in the 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, Christine O’Connor, City Solicitor, Elliott Veloso, Assistant City Solicitor The Commission reviewed the applications for special one-day license for malt beverages & wines only, or either one. Commissioner Akashian informed the applicants of their responsibility as a licensee for alcohol beverages, suggesting that the non-emergency telephone number to the police station be readily available in the event of a problem. Lisa J. Durkee Abbott, present, for Saturday, April 6, 2013 from 6:00 p.m. to 11:00 p.m.; the event is a Benefit Concert/Reception for Refugees from Mali; Proceeds to benefit the work of Relief International. The location for the event is Mill Number Five, 250 Jackson Street. Mrs. Abbott explained that at the event there will be a VIP reception, a concert after; proceeds to benefit Relief International. There will be a TIPS certified bartender present. Mrs. Abbott asked if insurance is required; she was told there is no requirement for insurance. Corey Belanger, present, of CB Enterprises, Inc., for Friday, February 8, 2013 from 7:00 p.m. to 10:00 p.m.; the event is the MicroBrew Challenge / Winterfest 2013. The location for the event is the Jeanne D’Arc Credit Union parking lot, 1 Tremont Place. Mr. Belanger stated that fee per person is $25.00; individuals are to receive 15-single samples, and there will be a food concession. It is requested to waive license fee because proceeds to benefit City of Lowell Winterfest 2013. Shawn Sirois, present, of the Lowell Fire Fighters Association for Sunday, April 21, 2013 from 11:00 a.m. to 3:00 p.m.; the event is the Lowell Fire Fighters road race at a fence enclosed area outside club premises at 362-364 Fletcher St. at Willie and Cross Streets. Mr. Sirois stated that it will be the 8th year for the event. Thomas McKay of Backstage Concessions, Inc., Arcand Drive, Club Celsius/The Nordic Night Club, Friday, February 8, 2013, 6:00 p.m. to 12:00 midnight – Kira Walz was present for Backstage Concessions. She stated it is the 3rd year for Backstage Concessions. Thomas McKay of Backstage Concessions, Inc., Arcand Drive, Club Celsius/The Nordic Night Club, Saturday, February 9, 2013, 12:00 noon to 12:00 midnight Thomas McKay of Backstage Concessions, Inc., Jeanne D'Arc Credit Union parking lot, 1 Tremont Place, an enclosed tent, Club Fahrenheit/Sponsor Tent, Saturday, February 9, 2013, 6:00 p.m. to 12:00 midnight On a motion by Commissioner Delaney, second by Commissioner Krieger, it was unanimously voted to approve license applications for malt beverages and wines only. License Commission minutes for meeting of January 31, 2013 page 1 of 6 On a motion by Commissioner Delaney, second by Commissioner Krieger, it was unanimously voted to waive the license fee for Corey Belanger of CB Enterprises, Inc. The Commission reviewed the applications for special one-day license for all alcoholic beverages by Fernando Sousa, present, of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, for Saturday, February 9, 2013 from 11:00 a.m. to 2:00 a.m., for Carnival; Sunday, February 10, 2013 from 11:00 a.m. to 12:00 a.m., for Carnival; Friday, February 15, 2013 from 5:00 p.m. to 1:30 a.m., for Valentines Dinner; Saturday, February 23, 2013 from 9:00 p.m. to 2:00 a.m., for Brazilian Night; Saturday, March 9, 2013 from 5:00 p.m. to 1:30 a.m., for Noite Lajes; Mr. Sousa stated he has been a board member for three (3) years. On a motion by Commissioner Delaney, second by Commissioner Krieger, it was unanimously voted to approve license applications for all alcohol beverages The Commission reviewed the application by the Polish American Veterans of Lowell, Inc., all alcoholic beverages Club licensee at 201 Coburn Street, for change of manager from Paul Kazalski, Jr. to Stephen G. Craig of Dracut, MA. Mr. Craig was present. Mr. Craig stated that he has worked at several licensed establishments; has been a member of the Polish American Veterans club for 20 years, Commissioner Akashian asked several questions regarding number of club members, and of the means for entry to the license premises. Mr. Craig stated that there are 160 full members with additional associate members. A member and guest according to Mr. Craig are to push the door buzzer; members and guests are to sign-in upon entering the club. Mr. Craig has had supervising experience at Raytheon. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was unanimously voted to approve Stephen G. Craig as manager of record of the Polish American Veterans of Lowell, Inc. The Commission reviewed the application for Second Hand Motor Vehicles – Used Car Dealer, Class II, license Fred’s Fuel Inc., Farid H. Geha, President, Patrick Nassar, Treasurer, dba The Right Price, for premises at 459-479 Broadway. Special permit from Zoning Bd. of Appeals granted 5/8/01 with condition - no more than four cars be sold at any one time and must occupy parking spaces 7 through 10 as outlined on proposed plan. Farid Geha and Patrick Nassar were present. Mr. Geha stated the license would help business; it would not be the main business; there are two gas pumps, a store, and garage. Mr. Geha, when asked, stated he was involved with second-hand car sales for three years; familiar with rules, customers, and the car auction. Commissioner Akashian stated [that you need to be] fully aware of rules. Commissioner Akashian asked who is to sell cars. Farid Geha and Patrick Nassar stated they both would be selling. The Commission License Commission minutes for meeting of January 31, 2013 page 2 of 6 reminded the corporate officers that is a limit of 4 cars for sale/storage. Commissioner Delaney asked if there is a mechanic available; Mr. Geha stated yes. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was unanimously voted to grant a license for Second Hand Motor Vehicles – Used Car Dealer, Class II, to Fred’s Fuel Inc., Farid H. Geha, President, Patrick Nassar, Treasurer, for premises at 459-479 Broadway, subject to condition of ZBA dated 5/8/01. The Commission reviewed the application for Pawnbroker license and application for license for Old Gold, Silver, Platinum by Chheng Koy and Mera Adella Som, dba Complete Jewelry & Loans, for premises at 183 East Merrimack St. The licensee presently for Pawnbroker and Old Gold is Mera Adella Som, dba Complete Jewelry & Design, 183 East Merrimack St. Licenses are to expire April 30, 2013. Mera Som and Chheng Koy were present. Ms. Som stated she has had the business since 2011 at 183 East Merrimack St. Captain Webb stated, when asked by Commissioner Akashian, that the police have had no issue with [Mera Som]; she is in full compliance. Commissioner Akashian asked Mr. Koy if he is aware of the rules and regulations; Mr. Koy stated that he is. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was unanimously voted to grant the Pawnbroker license, and license for Old Gold, Silver, Platinum to Chheng Koy and Mera Adella Som, dba Complete Jewelry & Loans, for premises at 183 East Merrimack St. for the license period to expire April 30, 2013. License for Pawnbroker and license for Old Gold, Silver, and Platinum issued to Mera Adella Som, dba Complete Jewelry & Designs, 183 East Merrimack Street, for license period to expire April 30, 2013 are cancelled effective issuance of said licenses to Chheng Koy and Mera Adella Som. It is required that $3,000.00 bond be issued to said partners. Commissioner Akashian opened the discussion on the review of revised rules and regulations of the Lowell License Commission. Commissioner Akashian addressed the matter of a copy of changes submitted by Elliott Veloso, Assistant City Solicitor, prior to the meeting. Asst. Solicitor Veloso stated that the Law Department had taken a look at the old regulations and the new regulations [revisions]; two additions were made for the License Commission to consider (a) section 1.19 – suspension, modification . . . expanded to keep authority, [an] holistic view, license establishment, enforce; and (b) section 8.02, first sentence [is] a response of art galleries, the management of the City’s art galleries to have light refreshments, not [the] sale [of alcohol beverages]. Asst. Solicitor Veloso stated a comparison was done to [other] cities in Massachusetts . . . from no standard, a municipality taking a blind eye, or a municipality has a set of rules, but no enforcement. An art gallery where alcohol is ancillary, regulated, section 8.02 is a specific regulation, certified cultural events, special one-day license at a reduced rate at certain time of the year; there would be no purchase at the supermarket . . . maintaining regulation, shadow activity not out in the open. License Commission minutes for meeting of January 31, 2013 page 3 of 6 Commissioner Krieger asked if art gallery to have twelve events be allowed special license, standard license after twelve, maintain regulation scheme . . . Commissioner Akashian stated rules and regulations that were presented [City Manager, Superintendent of Police, Law Department] last year, License Commission had extensive hearings May 11, May 17, June 7, July 19 [2012], extensive process, . . . didn’t go forward, vote not taken . . . [proposed amendments 1.19 and 8.02] didn’t use what was presented July 19 . . . Commissioner Akashian made the motion to work-off regulations presented July 19, work-off [draft] incorporate any changes at next meeting. Solicitor O’Connor, in reference to amended regulations, stated changes made . . . renew objections [of] Law Department . . . not amended regulations [July 12, 2012 draft]. Captain Webb stated it is the Superintendent’s recommendation to go forward from the original revision of March 2012. Commissioner Akashian stated that the [Commission] work-off that [July 19, 2012] draft going forward . . . [we] just received a new draft tonight . . . Commissioner Akashian [his] motion [on the table]; Commissioner Delaney second the motion; vote yea: Commissioner Akashian, Commissioner Delaney; vote nay: Commissioner Krieger. Motion passes to use draft of July 19, 2012 revised regulations going forward for review, discussion, and amendment. Commissioner Krieger questioned the regulation for “cover charge;” and stated of not sure how two regulations from Law Department [merge] Asst. Solicitor Veloso stated that he will have a red line draft [showing] changes, integrate, both drafts . . . section 1.19, special conditions, line items . . . to compare two documents . . . July 19 draft to work off, red draft, start with that base [per] vote[of Commission] Solicitor O’Connor stated changes, new draft from November 2012, City [officials] worked on an issue thought to pull that in [section 1.19 and 8.02] the only change . . . same draft as originally . . . changes for substantive, work-off this draft [July 19, 2012] constitutes substantive changes. Commissioner Akashian stated staggered fees [noted] . . . work-off of it, July 19, 2012 version . . . not waste 7 ½ hours [sum total of time from hearings held May, June, July 2012] . . . if City to add that’s fine . . . more comfortable with . . . than other draft. Commissioner Krieger requests [draft] line-in and line-out to understand . . . to be searchable, go back and forth. Commissioner Akashian stated red-line draft, two-columns; to go up on [License Commission] web-site . . . made a bunch of changes Solicitor O’Connor stated I agree, [draft] on-file, track changes, what changes, language . . . will be available [for] tracking. Commissioner Akashian stated the Law department can incorporate new add-ons to July 19th draft for the next meeting February 14, 2013 . . . possibly do all in one night, then have hearing. License Commission minutes for meeting of January 31, 2013 page 4 of 6 Motion by Commissioner Akashian, second by Commissioner Delaney, it was unanimously voted to take-up regulations at the next meeting of the License Commission. The Commission reviewed 2013 renewal applications filed in November 2012 of licensees in 2012 that have not complied with Massachusetts laws that require issuance of a certificate of inspection and certificate of liquor liability insurance, in order that the annual liquor license is approved. The following license renewals are affected: Lowell Sports Club, Inc., at 490 Central St.; WKA Investments LLC, at 201 Cabot St.; TR Enterprises, Inc., at 135 Central St.; Brazilian Tropic, Inc., at 26 Andover St.; Vannak Kann, at 74 Middlesex St. The Commission reviewed communications from Vannak Kann, and from Michael Breda of JAMBRA Board, re: 74 Middlesex St., each received January 28, 2013. Michael Breda of JAMBRA Board was present. Commissioner Akashian extended an invitation to Mr. Breda to address the Commission. Mr. Breda that members of the JAMBRA board are looking for an update on the business at 74 Middlesex Street; there has been no update from the owner. Commissioner Akashian stated that he saw a sign on the façade that read “Crown Night Club.” Karen Bell, business owner at 80 Middlesex Street, stated she spoke for Vannak Kann [at the public hearing] . . . Vannak stated he was to have a “sports club,” and have food catered on the premises. Since that time, [Vannak] has serious financial problems; [he] has invited others in the process . . . great faith, other people in the process. Building permit for night-club; Facebook [advertisement]; intended problem our concern, everyone satisfied ownership . . . misconception, Vannak assured her of sports club. Commissioner Akashian stated change to Crown Sports Club. Motion by Commissioner Akashian, second by Commissioner Delaney, it was voted that written notification be sent to Vannak Kann, which he is to appear before the Commission on February 14, 2013. Commissioner Akashian stated he would not be available for hearings on the following communications from Superintendent of Police L & M Liquors, Inc., 424 Chelmsford St., Leonia M. Mendonca, Manager, all alcoholic beverages Package Store licensee, alleged violation sale of alcohol beverages to person under 21 years of age, 1-count D & Y Corp., dba Jerry’s Food Store #2, 207 University Ave., Bhupendra Patel, Manager, a malt beverages & wines only Package Store licensee, alleged violation sale of alcohol beverages to person under 21 years of age, 1-count. License Commission minutes for meeting of January 31, 2013 page 5 of 6 Motion by Commissioner Delaney, second by Commissioner Krieger, it was voted to notify L & M Liquors, Inc. and D & Y Corp. to appear for hearings on allegation of misconduct on Thursday, February 14, 2012 at 6:30 p.m.; ayes Commissioner Delaney, Commissioner Krieger; abstain Commissioner Akashian Motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to schedule hearings for February 28, 2013 at 6:30 p.m. based upon the communications from the Superintendent of Police regarding BEKS, Inc., dba Brian’s Ivy Hall, 74 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee, report of December 21, 2012 disturbance; BEKS, Inc., dba Brian’s Ivy Hall, 74 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee, report of January 1, 2013 altercation not reported to Lowell Police Dept. The Commission reviewed the application by Mariachi Foods, Inc., d/b/a El Potro Mexican Grill, Joseph M. Carreiro Jr., a corporate Director, for an all alcoholic beverages Restaurant license for premises at 124 Merrimack Street, unnumbered door south side of building; first floor-one room for restaurant, kitchen; a storage area in basement. The Executive Secretary requested a vote of the Commission to ratify action of the publication of the legal notice for February 1, 2013, and hearing to be held February 28, 2013; motion by Commissioner Delaney, second by Commissioner Krieger, so voted. The Commission reviewed the application by Sompao Meas Hall, Inc., Kimmaley Mam, President, for the transfer of the all alcoholic beverages Restaurant license from Sompao Meas, Inc., Sethy Pao, President, for premises at 450 Chelmsford Street, two unnumbered doors west side, three unnumbered doors south side of building; first floor, one function hall, and eleven rooms, approx. 10,968 sq. ft.; second floor, small offices, approx. 480 sq. ft. The Executive Secretary requested a vote of the Commission to ratify action of the publication of the legal notice for February 1, 2013, and hearing to be held February 28, 2013; motion by Commissioner Delaney, second by Commissioner Krieger, so voted. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 7:30 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for meeting of January 31, 2013 page 6 of 6