License Commission

Lowell License Commission minutes for meeting, Thursday, March 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. Commissioner Akashian motion to approve minutes for meetings February 28, 2013, and March 14, 2013, second Commissioner Krieger, so voted. The Commission reviewed the applications filed for public amusement licenses by Thomas McKay - Mill City Management, Inc., for two shows at the Lowell Memorial Auditorium; 50 E. Merrimack St. Kira Waltz was present as representative for Mill City Management. The Commission, on a motion Commissioner Delaney, second by Commissioner Krieger, voted to grant licenses for the following shows: New England Music Awards, Saturday, April 13, 2013, 7 p.m. to 11 p.m., Joseph Graham, promoter; and Fiddler on the Roof, Thursday, April 18, 2013, 8 p.m. to 11 p.m., Mill City Management Presents, promoter. The Commission reviewed applications for special one-day license for all alcoholic beverages from the following individuals: Mary Ciccarelli [present] of St. Michael Parish for Saturday, April 27, 2013, 5 p.m. to 6 p.m. at the school hall, 21 Sixth St., and 6 p.m. to 11 p.m. at the church hall, 24 Sixth St. The event is the St. Michael Parish Annual Auction. Fernando Sousa [present] of the Holy Ghost Society for Sunday, March 31, 2013, 2:00 p.m. to 11:00 p.m. at Holy Ghost Park, 65 Village St. The event is the Holy Ghost Easter Dinner. Commissioner Akashian reminded applicants of their responsibility selling and serving alcohol beverages; and to call the main telephone number for the Lowell police station if a problem should start. On a motion by C. Delaney, second by C. Krieger, it was voted to grant special one-day licenses to Mary Ciccarelli of St. Michael parish, and to Fernando Sousa of the Holy Ghost Society. In addition applications for special one-day license for malt beverages & wines only, or either one were reviewed from Christine Cheuk-Trainor [present] of Aramark Catering, for the following events: Emerging Technology and Innovation Center, University Ave., UML Plastic Engineering Reception, Wednesday, April 3, 2013, 4:00 p.m. to 7:00 p.m., and for Cumnock Hall Auditorium, University Ave., UML Retirement Celebration for Ken Geiser, Friday, April 26, 2013, 5:30 p.m. to 8:30 p.m. Motion by C. Krieger, second by C. Delaney, it was voted to grant special one-day licenses to Christine Cheuk-Trainor of Aramark Catering. The Commission reviewed the application for special event permit for amplification of sound from the East Pawtucketville Neighborhood Group, Kristy Shockley [present], representative, for Saturday, May 4, 2013 from 10 a.m. to 2 p.m. The event is the Franco-American Festival at the Gershom Street parking lot. Sound amplification permit is for a d.j. and musicians. Motion by C. Krieger, second by C. Delaney, it was voted to approve the application for sound amplification permit by the East Pawtucketville Neighborhood Group. The Commission opened the public hearing on the application by QSC Restaurant Management Group, Inc., d/b/a Good Thymes Family Restaurant, James Boutin, President, all alcoholic beverages Restaurant licensee for premises at 1278 Gorham Street, for alteration of licensed premises for expansion of premises to include entire first floor with additional seating area, kitchen, new unnumbered door on west and the east sides of building. James Boutin was present; Atty. James Flood was present as legal counsel for QSC Restaurant Management Group, Inc. Atty. Flood stated that the request for outside seating was to be too much of a problem so it is for that reason the licensee filed on March 15, 2013 to withdraw from the application “outside area for six (6) tables located in front of the building.” The seating capacity for the restaurant increases from 79 to 108. Commissioner Krieger questioned Atty. Flood about the matter of construction relating to the proposed expansion having been completed. Atty. Flood acknowledged that changes have been made. Commissioner Akashian opened the hearing for public comment requesting for those who wished to speak in favor of the application. There was no person who requested to speak in favor of the application. The Commission closed that portion of the hearing. Commissioner Akashian opened the hearing for public comment for those who wished to speak in opposition to the application. There was no person who requested to speak in opposition of the application. The Commission closed that portion of the hearing. On a motion by Commissioner Krieger, second by Commissioner Delaney, it was voted to approve the application for alteration of premises by QSC Restaurant Management Group, Inc., d/b/a Good Thymes Family Restaurant, James Boutin, President, all alcohol beverages Restaurant licensee for premises at 1278 Gorham Street for an expansion to include entire first floor with additional seating area, kitchen, new unnumbered door on west, new unnumbered door on east sides of building. Vote – ayes: Commissioner Krieger, Commissioner Delaney, Commissioner Akashian. The Commission reviewed the request for continuance from Alan F. Kaplan, Manager, received March 21, 2013 regarding the following: hearing on the allegation of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against The Middle Street Village, Inc., d/b/a The Village Smokehouse, Alan F. Kaplan, Manager, all alcoholic beverages Restaurant licensee 92-98 Middle Street, for illegal open bar in violation 204 CMR 2.00 Regulations of the Alcoholic Beverages Control Commission 204-2.05 License premises (2); Prohibition of Certain Practices 204-4.01 Definitions, 204-4.02 Required Records, 204-4.03 Certain Practices Prohibited. Mr. Kaplan, in said communication, requested the hearing be rescheduled due to a family commitment in New Mexico. The motion to continue the hearing to April 11, 2013 at 6:30 p.m. by Commissioner Akashian, second by Commissioner Delaney, so voted. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 6:45 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].