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License Commission

Regular Meeting

Lowell, MA · February 28, 2013

Agenda

Agenda

Lowell License Commission minutes for meeting, Thursday, February 28, 2013 at 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Brian Akashian, Commissioner (Chairman), Christy Delaney, Commissioner, Cliff Krieger, Commissioner, Captain Jack Webb of Lowell police department, Christine O’Connor, City Solicitor, Elliott Veloso, Asst. City Solicitor The Commission reviewed the applications for public amusement licenses by Thomas McKay – Mill City Management, Inc., for events at Lowell Memorial Auditorium, 50 East Merrimack St. Katrina Garavanian was present as representative of Thomas McKay. Show – Lord of the Dance, Wednesday, March 6, 2013, 7:30 p.m. to 11:00 p.m., and Show – Ron White – Comedian, Friday, March 8, 2013, 8:00 p.m. to 11:00 p.m. Motion by Commissioner Krieger to approve licenses for shows at the Auditorium, second by Commissioner Delaney, vote: ayes – C. Krieger, C. Delaney, and C. Akashian The Commission reviewed the applications for special one-day license for malt beverages & wines only, or either one by: Lewis G. Demetroulakos Esq. [present] for Saturday, March 16, 2013 from 6:00 p.m. to 9:00 p.m. at the Hellenic Cultural Center, 41 Broadway; the event is for the Hellenic Culture & Heritage Society. Richard S. Barrett [present] of Kilkenny Pub for Sunday, March 17, 2013 from 3:00 p.m. to 12:00 midnight at the tent enclosed area of parking lot adjacent to Kilkenny Pub, 660 Rogers Street Mr. Demetroulakos requested that his application be amended to the time 7:00 p.m. to 10:00 p.m. Commissioner Akashian reminded [applicants] that the license would be in his name. Mr. Barrett was asked how many years he had held the St. Patrick’s Day event; Mr. Barrett responded 12 years. C. Akashian also reminded Mr. Barrett of the anticipated “heavy traffic” in the area of Kilkenny Pub; Mr. Barrett stated he will have a detail police officer present during the event. Motion by Commissioner Delaney to approve licenses for special one-day malt beverages & wines only, second by Commissioner Krieger, vote: ayes – C. Delaney, C. Krieger, and C. Akashian The Commission reviewed the application for special event permit for amplification of sound by Richard S. Barrett [present] of Kilkenny Pub, Inc., 660 Rogers Street, sound system for band, disc jockey, St. Patrick's Day, Sunday, March 17, 2013 from 4:00 p.m. to 10:00 p.m. in a tent enclosed area at the parking lot adjacent to Kilkenny Pub, 660 Rogers Street. Commissioner Akashian reminded Mr. Barrett that the amplification permit is a common sense license; if the sound can be heard in the Highlands, it is too loud. Commissioner Krieger asked about the tent size; Mr. Barrett stated 30 ft. by 60 ft. Motion by Commissioner Krieger to approve special event permit, second by Commissioner Delaney, vote: ayes – C. Krieger, C. Delaney, and C. Akashian The Commission reviewed the applications for special one-day license applications for all alcohol beverages by Fernando Sousa [present] of the Holy Ghost Society, for events at Holy Ghost Park, 65 Village Street, for: Saturday, March 2, 2013, 12:00 p.m. to 1:00 a.m., Carnival, a rescheduling of event postponed because of inclement weather February 9, 2013; Saturday, March 16, 2013, 4:00 p.m. to 1:00 a.m., Souza wedding reception; Saturday, March 23, 2013, 5:00 p.m. to 1:30 a.m., Holy Ghost fundraiser; Saturday, March 30, 2013, 5:00 p.m. to 1:30 a.m., Noite Cantoria; Saturday, April 6, 2013, 5:00 p.m. to 1:00 a.m., Medina wedding shower; Saturday, April 13, 2013, 5:00 p.m. to 1:00 a.m., Nelly Sweet 15TH; License Commission minutes February 28, 2013 page 1 o f 6 Saturday, April 20, 2013, 5:00 p.m. to 1:00 a.m., HG Queens Ball; Saturday, April 27, 2013, 5:00 p.m. to 1:00 a.m., Trinity Princess Ball; Saturday, May 4, 2013, 4:00 p.m. to 1:30 a.m., wedding reception; Saturday, May 11, 2013, 5:00 p.m. to 1:30 a.m., S. Joao Queens Ball. Commissioner Akashian asked if events would be inside, to which Mr. Sousa stated yes. Motion by Commissioner Delaney to approve licenses for special one-day malt beverages & wines only, second by Commissioner Krieger, vote: ayes – C. Delaney, C. Krieger, and C. Akashian The Commission reviewed the application by Worthen House Café, Inc., all alcoholic beverages Restaurant licensee at 141-145- 147 Worthen Street, for change of manager from Nikolaos Hamourgas to Penny Hamourgas of Dracut. Penny Hamourgas was present; she stated, when asked by Commissioner Akashian why the change, because of health issues. Mrs. Hamourgas stated she understood the rules. Motion by C. Delaney to approve the manager change of the Worthen House Café, Inc. to Penny Hamourgas, second C. Krieger, so moved. The Commission reviewed the application by Greater Lowell Buick GMC Inc., Eleanore Moore, President, to amend Second Hand Motor Vehicles license, Class I, used car Agent, license # 204-A, for premises at 733 Rogers Street, granted and issued for 2013 to Greater Lowell Pontiac-Buick-GMC, Inc., Eleanore Moore, President – licensee amended corporate name, no longer a recognized agent for “Pontiac.” Eleanore Moore was present. Ms. Moore stated that “Pontiac” is no longer. Motion by C. Krieger, second by C. Delaney, to approve the application to amend the Class I license, so moved. The Commission reviewed the application for Second Hand Articles by Edward Ramirez Grullon, d/b/a New to You, 244 High Street. Licensee presently is Angel A. Kuilan, d/b/a New-To-U Thrift Store [license expires April 30, 2013]. Edward Grullon and Angel Kuilan were present. The Commission became aware that Mr. Grullon does not speak or read English language. Commissioner Akashian asked Captain Webb if there are any police officers who speak Spanish; Captain Webb stated that there is a detective assigned to Special Investigations who speaks Spanish. Commissioner Akashian asked that Mr. Grullon meet with the police officer to go over the rules and requirements for the purchase of second hand articles. C. Akashian made the motion to continue the matter of Mr. Grullon application to March 14, 2013, second Commissioner Delaney, so moved. The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against BEKS, Inc., 74 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee, alleged that Lowell police were not notified of the assault on the licensed premises of a patron the morning of January 1, 2013. Kevin Hayhurst was present. The licensee was represented by Attorney Raymond T. Weicker of law office Qua, Hall, Harvey & Walsh, 25 Fletcher St., Chelmsford, MA. Commissioner Brian Akashian stated for public disclosure that he has no relationship with Atty. Raymond T. Weicker, and that there is no conflict of interest that he hear the allegation against BEKS, Inc. Attorney Weicker stated for public disclosure that he has no relationship with Commissioner Brian Akashian, and that there is no conflict of interest that he act as legal counsel for BEKS, Inc. before the License Commission. Attorney Weicker waived reading of the complaint. Captain Webb read the summary of the allegation from the Superintendent of Police. Lowell police officer Nick Laganas was on John Street when called upon by a young woman who informed him fight upstairs at Brian’s Ivy Hall. Officer Laganas stated that he saw a small fight, the time was 2:00 a.m., and there were approximately 30 to 40 people [present]. Commissioner Akashian asked if the City [Solicitor] had any questions. Asst. Solicitor Veloso asked Officer Laganas what he saw on the stairwell leading to Brian’s; the police officer encountered five (5) people, stated that he spoke to them for a brief moment; then entered Brian’s Ivy Hall, one of the individuals appeared injured, marks on man’s face. The officer was asked if there were any charges brought forward; the officer stated simple assault and battery on both guys, both individuals spoke . . . [one of the men] attempted to get girlfriend away. Attorney Weicker questioned Officer Laganas, to which the officer responded that he had received notice from patron. Commissioner Krieger asked the officer had the fight ended; officer Laganas stated that cleaning-up had just begun, there was a peripheral fight. In a question and answer between Captain Webb and Attorney Weicker . . . the notice [rule 25] was verbal. License Commission minutes February 28, 2013 page 2 o f 6 Asst. Solicitor Veloso stated that the officer did not receive call . . . it was then stipulated [per Commission, police/Solicitor, Attorney Weicker] that there was no telephone call from Brian’s Ivy Hall. Attorney Weicker presented Jeff McCarthy, an employee of Brian’s Ivy Hall; Mr. McCarthy stated that he was outside, and then went back in, he encountered a Marine on the stairway, he was looking for his girlfriend, he went upstairs, and she was with two of her friends, if there were any problems would notify [police]. . . Commissioner Akashian asked Mr. McCarthy if he had talked to the Marine, who Mr. McCarthy saw punching the wall . . . Commissioner Krieger stated no fight in stairwell or on the main floor . . . Asst. Solicitor Veloso asked Mr. McCarthy were he was before 2 a.m. . . . Mr. McCarthy stated behind the bar, went outside at 1:40 a.m. . . . Atty. Weicker stated guy was punching wall; [Mr. McCarthy] came rushing in, [Marine] was not an employee. Commissioner Krieger had a question for Mr. McCarthy. Atty. Weicker questioned Mr. McCarthy . . . Mr. McCarthy stated did not engage in a fight. Kevin Hayhurst stated that we couldn’t move them [patrons], asked to move him, there was no altercation up there [3rd floor]. Atty. Weicker stated that [Brian’s Ivy Hall] had ten (10) bouncers, and four (4) bartenders; there were 350 patrons, five (5) people at 1:45 a.m.; lights were turned-on. Asst. Solicitor Veloso asked . . . were you not able to clear out people . . . Mr. Hayhurst stated people being social, police were present at the bottom of the stairs. Asst. Solicitor Veloso asked Mr. McCarthy about the Marine. Commissioner Akashian asked for final statement. Atty. Weicker stated the purpose for Rule 25 by phone or otherwise . . . officers told outside, standard any person can walk into establishment, like Russian Roulette; everybody was present, no information lost, somewhat of a disturbance [Marine] waiting for girlfriend . . . [management] did right thing, requested assistance; [Rule 25] should not be used as a basis for punishment; don’t have bouncers play vigilante, figuring out why [patrons] not going, then disperse them. There were 30 people, 20 of whom accounted for as employees, hold on to them to determine cause [of problem] did right thing. [There should be] no punishment. Asst. Solicitor Veloso stated [management] did not contact police. Atty. Weicker states objection. Asst. Sol. Veloso states police officer testified of a fight in the stairwell, ripped clothes . . . no contact with police, [recommends] disciplinary action; Officer Laganas did not witness fight . . . Commissioner Akashian asked a question . . . female identified herself as a patron. Atty. Weicker stated another officer was working with Officer Laganas . . . Commissioner Krieger asked Mr. McCarthy [if] police on street . . . Mr. McCarthy stated police [present] at closing time. Commissioner Akashian asked Commissioner Delaney and Krieger for their comments . . . Commissioner Krieger stated it is confusing as to dispatching police officers downtown, someone could pick-up phone to call police station . . . Commissioner Delaney stated cites the statement from Captain Webb, where there is the difficulty [present] at closing time on Thursday, Friday, Saturday [in the downtown area], police have extra patrol . . . do not dispute Mr. Hayhurst [statements], [I] encourage calling . . . Atty. Weicker states there was one conversation, nice to have a phone call . . . think it is faster to run outside, better to call direct. . . . Commissioner Delaney stated just pick up phone, and send someone outside . . . Commissioner Akashian stated there was a similar hearing [December 20, 2012], same situation previously . . . to call police if there is any indication on January 1, 2013 . . . Kevin Hayhurst stated [didn’t] think it was a question [of being necessary to call] . . . Commissioner Delaney suggested to Mr. Hayhurst with a handful of police outside, establish rapport. Commissioner Akashian stated it is confusing as to who notified police . . . Atty. Weicker stated Commission consider that there were multiple people working, matter of probability [management] held onto everybody until police came, run risk of injury. Asst. Solicitor Veloso stated no phone call . . . why did Officer Laganas testify [to] a fight, no communication . . . Commissioner Delaney questioned Officer Laganas . . . Officer Laganas stated a criminal complaint[s] filed by two individuals. Commissioner Akashian stated notify police department in the future, phone call is better . . . Kevin Hayhurst stated people trying to get in, wouldn’t let them in, made call earlier in the night. Asst. Solicitor Veloso stated stipulation to no call . . . Commissioner Akashian asked for recommendations from Commission . . . Commissioner Krieger stated action needs to be taken, suspension or not, not making phone call [was] wrong decision. Commissioner Akashian made the motion, second by Commissioner Delaney, to find the licensee, BEKS, Inc., in violation of License Commission rule # 25 on January 1, 2013 for neglecting to call the Lowell police department for an altercation on the licensed premises, vote – ayes: C. Akashian, C. Delaney, C. Krieger; Commissioner Akashian made the motion, second by Commissioner Delaney, to suspend the all alcoholic beverages Restaurant license granted to BEKS, Inc. for 2013 for one (1) day, and to hold said suspension in abeyance for three (3) months [May 31, 2013], vote – ayes: C. Akashian, C. Delaney, C. Krieger. License Commission minutes February 28, 2013 page 3 o f 6 The Commission opened the hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against BEKS, Inc., 74 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee, regarding report of disturbance that occurred on the licensed premises December 21, 2012, and of Lowell police having to respond 16 times in 2012 for fights or disturbances, and 6 calls were answered for loud music complaints. Atty. Raymond Weicker, legal counsel for BEKS, Inc., was present, stated there is no complaint, no violations, no instances of proof beyond hearsay, no penalty for calling police . . . Atty. Weicker waived reading . . . Captain Webb read a summary from the Superintendent of Police communication, dated , of the December 21, 2012 incident . . . Atty. Weicker stated calls to Captain Webb, officer initiated . . . Atty. Weicker mentioned cell phone, cites chapter 139 of the Massachusetts General Laws regarding State Police. Officer Michael Giuffrida addressed the Commission, answered questions on the matter of speaking with Mr. Papoulias, Director of Operations for Brian’s Ivy Hall on Thursday evening December 20, 2012; police were sharing information about the event scheduled that evening, to discuss some security measures. Commissioner Akashian asked question of Officer Giuffrida . . . the police officer stated [with possible] 300 to 400 patrons with seven (7) security staff on hand thought it was insufficient, conversation at 8:44 p.m. Asst. Solicitor Veloso asked about security precautions, Officer Giuffrida stated two (2) people at the door, [security] had one type of metal detector, security staff outside bathroom; patrons under 21, a check mark on back of hands, patrons 21 and older bracelet. There was no security camera; metal detector hand held type . . . Officer didn’t think one type was sufficient. Atty. Weicker asked Officer Giuffrida if [because of gang comments] plan in place to check for weapons. Police officer Laganas addressed Commission, stated he requested to have people move off stage . . . Commissioner Akashian asked about thrown ice . . . Officer Laganas described that fights broke-out . . . Asst. Solicitor Veloso asked question of police officer. Atty. Weicker asked question, Officer Laganas stated he was present, pepper spray released. Police officer Rojas stated what he witnessed, observed fight after . . . Asst. Solicitor Veloso questioned Officer Rojas; officer cited incident of assault and battery on police officer. Atty. Weicker and Asst. Solicitor Veloso exchanged question and comment with Officer Rojas regarding an incident of a female patron with the police officer, the cause for her arrest. Police officer Charles Pappaconstantinou was asked by Commissioner Akashian for his description of what happened . . . a male patron broke a window . . . police officer asked about the number of years of service, Officer Pappaconstantinou stated nine (9) years . . . asked by Commissioner Akashian if he felt security was sufficient to control crowd, were there enough employees. Officer Pappaconstantinou stated he was not sure how many employees working. Commissioner Krieger asked Officer Pappaconstantinou if a rap band constitutes entertainment. Asst. Solicitor Veloso asked the police officer if in his opinion [rap band] constitutes danger to yourself and others. Officer Pappaconstantinou stated yes; six or seven officers, chaos, officers outnumbered. Asst. Solicitor Veloso asked how many [means of] egress, Officer Pappaconstantinou stated two (2), front and rear, front is main entrance. Atty. Weicker made reference to the broken window, a patron was inciting the crowd . . . asked Officer Pappaconstantinou about help from employees [of Brian’s Ivy Hall], asked the officer about having worked a police detail. Officer Pappaconstantinou stated yes . . . Tsongas [Center] . . . asked what concerts had he worked . . . Atty. Weicker stated the staff ratio, had seven (7) officers, seven (7) security . . . asked how soon the patrons arrived . . . 6 p.m. to 2 a.m. . . . how many people arrested . . . Atty. Weicker and Asst. Solicitor Veloso alternated asking Officer Pappaconstantinou questions. Sergeant David Peaslee appeared before the Commission stated he is a street supervisor, he stated he did not go into Brian’s Ivy Hall; there was a crowd in the streets, [they] were dispersed. Asst. Solicitor Veloso asked Sgt. Peaslee how many [police] units affected in the City of Lowell; Sgt. Peaslee stated the City was affected. Question from Atty. Weicker to Sgt. Peaslee . . . Lieutenant James Hodgdon was present, addressed the Commission, he is charge of patrolling . . . responded to a large fight at Brian’s Ivy Hall. Commissioner Krieger asked Lt. Hodgdon if he works with Brian’s Ivy Hall to make for a coordinated affair . . . Atty. Weicker asked Lt. Hodgdon if he responded to a phone call. Demetrios Papoulias, Director of Operations for Brian’s Ivy Hall, answered questions . . . [business] opens 8:30 p.m., patrons arrive after 10:30 p.m. . . . asked about [additional] security . . . Mr. Papoulias stated there were ten (10) security staff on the floor, additional employees . . . no one arrested for pushing and shoving after 1:00 a.m. . . . one (1) person arrested, 300 people were out the door by 1:30 a.m., staff was still there. Mr. Papoulias cited business policy of a bracelet for patrons 21 years of age License Commission minutes February 28, 2013 page 4 o f 6 and older, and a stamp [on the hand] for patrons under 21 years of age. Atty. Weicker stated that [Brian’s Ivy Hall] was working with Lowell police; there were no injuries . . . [Mr. Papoulias] has had fifteen (15) years of experience. Commissioner Akashian asked who hired entertainer . . . [Mr. Papoulias] answered under contract [to a third party] there is a cover charge at the entrance; a description of the entrance is given . . . fees [because of] contract. Mr. Papoulias, when asked about ‘Chief Keef’ said he had not heard of him before. Commissioner Akashian asked Kevin Hayhurst about what steps had been taken . . . chain of command, manager of record is on the premises . . . Mr. Hayhurst stated he was never told of Lowell police coming by earlier . . . there was a police presence on the dance floor, police very helpful in that situation; when ice was thrown, there were no weapons found. Mr. Hayhurst stated it was not a fight . . . one woman bumped into another [woman]. Commissioner Akashian asked Mr. Hayhurst if there was sufficient security, to which Mr. Hayhurst stated yes. Commissioner Delaney asked [Mr. Hayhurst] if the wand had been used . . . Mr. Hayhurst stated [it is used] every night; no bottles [served]. Asst. Solicitor Veloso asked Mr. Hayhurst who you contracted with to which Mr. Hayhurst had no answer; he is on the premises all the time, Mr. Hayhurst stated. Atty. Weicker stated that the timing one hour and a half before start of performance, Director of Operations added security staff from seven (7) to ten (10) people to address the increase in crowd. Asst. Solicitor Veloso questioned on the name of the contractor. Commissioner Akashian questioned about the receipts for the cover charge. Asst. Solicitor Veloso asked Captain Webb if he knew who the promoter was. Captain Webb stated the same promoter as Fortunato’s, a violation of the liquor control act. Chief Keef did not appear that night. Commissioner Akashian stated the Commission hearing all the testimony, cites rules and regulations . . . disorder. Atty. Weicker stated there were no allegations of wrong doing . . . [hearing] is informational, to discuss what happened; information given to establishment at the last minute, no evidence of gang, more security brought in, something more concrete, intelligence, . . . did pan out . . . fight [was] unfortunate. Commissioner Akashian asked Asst. Solicitor Veloso if [hearing] is a disciplinary hearing; Asst. Solicitor Veloso stated no, contrary to violations violence with police across town, multiple violations, failed to [stop] disorder, Rule 19. Atty. Weicker states Rule 19 . . . Commissioner Akashian states violation of Rule 11, and 204CMR2.00 [204- 2.16: Cover Charge], licensee turned over beneficial interest . . . [manager] testimony wholly inadequate. Atty. Weicker stated that there have been no charges, Rule 11, no disorder, clear testimony [cause for] broken window [patron] out of breath; nothing indicate any type of activity not appropriate; notice of requirement [violations] . . . game of innuendo . . . [licensee] brought in security; no testimony to support disorder. Asst. Solicitor Veloso stated [hearing] clear in process, answer to report, due process. Commissioner Akashian cites disturbance [on the premises], a lack of security, cover charge [violation] . . . [C. Akashian] motion for four (4) days suspension of licenses for the period March 28 to March 31, 2013, second Commissioner Delaney, vote: ayes – C. Akashian, C. Delaney, C. Krieger. Commissioner Akashian made the motion that BEKS, Inc. manager file application with the License Commission for entertainment license when there is to be a promoter hired whose name and address is noted on the application. Atty. Weicker questioned the form for a promoter, what standard, until [what] time can’t conduct business. Solicitor O’Connor stated would be the discretion of the License Commission. Commissioner Krieger stated the Commission [should] have 48 hours notice of the name of the promoter. The Commission agreed to review on March 14, 2013 an application which [may] take effect March 15, 2013. Commissioner Akashian amended his motion that effective March 15, 2013; BEKS, Inc. shall file application for license when a promoter is hired for entertainment on the premises; the name of the promoter, and promoter’s address to be included on the application, second Commissioner Delaney, vote: ayes – C. Akashian, C. Delaney, and C. Krieger. The Commission reviewed the application by QSC Restaurant Management Group, Inc., d/b/a Good Thymes Family Restaurant, James Boutin, Manager, all alcoholic beverages Restaurant licensee at 1278 Gorham Street, one unnumbered door on the north side, one unnumbered door on the east side of building; first floor-one room for restaurant, one room for kitchen and storage, for the alteration of premises; application subject to legal notice publication, abutters’ notification, and public hearing. The Commission voted to have publication of a legal notice in the local newspaper for March 15, 2013, and to schedule a hearing on said application for March 28, 2013 at 6:30 p.m., to be held in the Council Chamber. The Commission reviewed a communication from Kenneth E. Lavallee, Superintendent of Police, dated January 29, 2013, re: allegation of violations on December 31, 2012 [regulation 204 CMR 4.03 re: licensee offering unlimited number of drinks] by The Middle Street Village, Inc., dba The Village Smokehouse, Alan F. Kaplan, Manager, all alcoholic beverages Restaurant licensee at 92-98 Middle St. Motion by Commissioner Akashian, second by Delaney, to schedule a hearing for The Middle Street Village, Inc. for March 28, 2013 at 6:30 p.m., so voted. License Commission minutes February 28, 2013 page 5 o f 6 Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to ratify the amendment of the following licenses previously granted by the License Commission, dates for each license changed from February 8-9, 2013, the original dates for Winterfest 2013, due to inclement weather: Special events permit for amplified outdoor public entertainment applications, granted January 10, 2013, Christopher Samaras of the City of Lowell, 375 Merrimack Street, for Outdoor venues: Arcand Drive, enclosed tent, bands, sound system, outdoor sled track, Fri., February 22, 6 p.m. to 12 a.m.; Sat., February 23, 2013, 12 noon to 12 a.m. Jeanne D’Arc Credit Union parking lot, 1 Tremont Place, an enclosed tent, Fri., February 22, from 6 p.m. to 12 a.m., and Sat., February 23, 2013, 6 p.m. to 12 a.m. Special one-day license application for malt beverages & wines only, or either one, granted January 31, 2013, Corey Belanger of CB Enterprises, Inc., for Friday, February 22, 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; Thomas McKay of Backstage Concessions, Inc., Arcand Drive, Club Celsius/The Nordic Night Club, Friday, February 22, 2013, 6:00 p.m. to 12:00 midnight; Thomas McKay of Backstage Concessions, Inc., Arcand Drive, Club Celsius/The Nordic Night Club, Saturday, February 23, 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 23, 2013, 6:00 p.m. to 12:00 midnight. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to adjourn the meeting at 8:55 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes February 28, 2013 page 6 o f 6

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