License Commission

Lowell License Commission minutes for meeting, Thursday, April 11, 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, Elliott Veloso, Asst. City Solicitor. Commissioner Krieger motion to approve minutes for meeting March 28, 2013, second Commissioner Akashian, so voted. The Commission reviewed the public amusement license application from Saint Margaret School, Rev. Raymond P. Benoit, Parish Administrator, for Fair in conjunction with St. Margaret School Family Festival. The dates and hours for the event are: Wednesday, April 17, from 6 p.m. to 9 p.m., Thursday, April 18 from 6 p.m. to 10 p.m., Friday, April 19 from 6 p.m. to 10 p.m., and Saturday, April 20, 2013 from 12 p.m. to 10 p.m. The event will be held on school grounds at 486 Stevens St. The event promoter is East Coast Amusements, LLC, Jack Keough of Carlisle, representative. Carol Wemmitt was present to represent St. Margaret School. Ms. Wemmitt stated that St. Margaret’s has had the fair for twenty (20) years. Filed were copies of East Coast Amusements certificate of insurance, and license to operate amusement devices issued by the Department of Public Safety. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to grant a public amusement for fair license to Saint Michael School for the period April 17 to April 20, 2013 for premises at 486 Stevens St.; vote – ayes: Commissioner Akashian, Commissioner Delaney, Commissioner Krieger. The Commission reviewed the application for a special one-day license for malt beverages & wines only by James O’Hearn of Pollard Library Foundation for Thursday, May 2, 2013 from 6:00 p.m. to 8:00 p.m. The event is Pollard Library Foundation’s 7th Annual “Meet the Author” Night to be held at the Memorial Hall, Pollard Memorial Library, 401 Merrimack St. James O’Hearn was present. Mr. O’Hearn stated that this is the seventh year for the public event; his fourth year as an applicant. The event author will be Ben Mezrich. On a motion by Commissioner Krieger, second by Commissioner Delaney, it was voted to grant a special one-day license for malt beverages & wines only to James O’Hearn of the Pollard Library Foundation for May 2, 2013 vote – ayes: C. Krieger, C. Delaney, C. Akashian. The Commission reviewed the application for special event permit for amplification of sound from David McCloskey, Executive Director, Lowell Transitional Living Center, 205-209 Middlesex Street, sound system for disc jockey, Steps to Home - Walk to End Homelessness, Sunday, June 9, 2013, 10:00 a.m. to 5:00 p.m., parking lot @ Canal and Jackson Streets. Philip Maynard was present as representative for the L.T.L.C. Mr. Maynard stated it is the second year for the walk. Commissioner Akashian made the motion to approve the amplification permit for the event of June 9, 2013, second by Commissioner Delaney, so voted. The Commission reviewed the application by CEC Entertainment, Inc., dba Chuck E. Cheese’s, 199 Plain St., Unit 5, Michael Caras, Manager, malt beverages & wines only Restaurant licensee, for change in corporation officer, Secretary, License Commission minutes for April 11, 2013 page 1 of 4 from Meredith Bjorck to David A. Deck. Michael Caras, the manager of record for the Lowell Chuck E. Cheese’s restaurant, was present. Mr. Caras confirmed the corporate officer change; he stated he has been manager for three (3) years in Lowell. Commissioner Krieger made the motion to approve David A. Deck as Secretary for CEC Entertainment, Inc., second by Commissioner Delaney, so voted. The Commission opened the 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. Hearing date continued at the request of Alan F. Kaplan. The following individuals were present: Alan Kaplan and Tim Kelleher, corporate officers for The Middle Street Village, Inc.; Lowell police officers Lt. James Hodgdon, and Officer John Boutselis. Captain Webb read the letter from Superintendent Lavallee, outlining the incident which is cause for the allegations as charged against the licensee. Mr. Kaplan thanked the Commission for granting the continuance on the hearing date. Mr. Kaplan explained that last year the restaurant did the same thing, commenting that he had a conversation with Chief Investigator Mahony of the A.B.C.C. about the [New Year’s eve function]; Mr. Kaplan stated further that what the police officer saw on the screensaver, there is no difference from a year ago . . . we’ll not do it again. Commissioner Akashian asked Mr. Kaplan how long he has owned the business, Mr. Kaplan stated 26 years, and Commissioner Akashian asked if you are now aware of the “happy hour regulation?” Mr. Kelleher noted that the [regulation] shows up prior year on the License Commission web page. Lt. Hodgdon when asked by Commissioner Akashian stated that he was directed [by commanding officer] to check Facebook posting . . . open bar . . . Lt. Hodgdon stated that he spoke to employee, Steve Linehan, who told him staff was having party. Commissioner Akashian, speaking to Mr. Kaplan, stated 26 years as a business owner, your duty is to be up on Commonwealth regulations, . . . nine (9) years [in Lowell], since 2004 . . . give some leeway . . . employees [are] agents of the establishment; posting on Facebook trying to sell tickets, marketing event . . . rules of the CMR’s of the A.B.C.C. can’t do that. Commissioner Krieger asked how many employees there are. Mr. Kaplan answered twenty-five (25). Commissioner Akashian cited the police officer who spoke [to Mr. Kaplan]. Mr. Kaplan stated he didn’t want to be confrontational. Commissioner Akashian asked if Mr. Kaplan had someone working at the door; Mr. Kaplan stated yes . . . Commissioner Akashian stated for a party hosted by employees . . . Mr. Kaplan stated [this New Year’s Eve] based on prior year’s experience. Asst. Solicitor Veloso stated it was an illegal event, a violation of CMR’s regardless of what happened [last] year. Commissioner Akashian asked if City of Lowell License Commission, in five years, any disciplinary action . . . Mr. Kaplan stated [licensee] failed a “sting” compliance check, the result was six (6) months probation, stating that [licensee] passed eight or nine compliance checks. Commissioner Krieger stated [Commission] should take some action for the serving event, a suspension. Commissioner Delaney agreed. Commissioner Akashian stated taking responsibility, lucky nothing happened that night . . . we agree Commissioner Krieger is right . . . [given] track record, compliance checks, business has evolved from restaurant to bar; Lowell police take very seriously [the incident] . . . License Commission minutes for April 11, 2013 page 2 of 4 recommendation of a three (3) days suspension of [liquor] license, to hold in abeyance for 1-year . . . Commissioner Akashian made the motion for a three (3) days suspension of the all alcoholic beverages Restaurant license granted and issued to The Middle Street Village, Inc., d/b/a The Village Smokehouse for violation of 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 on December 31, 2012, and to hold said suspension in abeyance for one (1) year [April 11, 2014], second by Commissioner Krieger, vote – ayes: Commissioners Akashian, Krieger, and Delaney. The Commission reviewed the application for special event permit for amplification of sound from Mary-Jo Griffin, Director of Public Affairs, Middlesex Community College, sound system for live music, disc jockey, public address, Campus Spring Fling, Friday, May 10, 2013 from 10:00 a.m. to 2:00 p.m., campus quad adjacent to MCC City Campus, 33 Kearney Sq. Mary-Jo Griffin was present. Ms. Griffin stated that the campus event has taken place for several years; she described the quad area at the City Campus when asked by Commissioner Krieger. Commissioner Akashian reminded Ms. Griffin that the special event permit is a common sense license. Commissioner Akashian made the motion to approve the amplification permit for the event of May 10, 2013, second by Commissioner Delaney, so voted. The Commission reviewed the application by Angel Perez, dba Angel Appliances, for license for Second Hand Articles for major household appliances, at 250 Middlesex St. Angel Perez was present accompanied by his wife, Mrs. Perez, who helped with English and Spanish translation for Mr. Perez. Commissioner Akashian and Commissioner Krieger from their questions heard that Mr. Perez intended [used] appliances obtained from a source in Connecticut, repairs would be made in Lawrence, prior to be offered for sale in Lowell. The Commission requested that Mr. & Mrs. Perez contact a police officer of the Lowell police department who will be able to explain what is required of a licensee in Spanish; Captain Webb made available contact information to Mr. Perez. On a by Commissioner Akashian, second by Commissioner Krieger, to continue the matter to the next regularly scheduled meeting on April 25, 2013, so voted. The Commission reviewed a communication from the Office of the Superintendent of Police, dated March 25, 2013, regarding allegations of misconduct against Puff, Inc., dba The C-Spot, Claude Charlot, Manager, all alcoholic beverages Restaurant licensee at 171 Lakeview Ave. It was voted to notify the licensee to appear before the License Commission to answer to the allegations of misconduct at a hearing at 6:30 p.m., Thursday, May 23, 2013 to be held in the Council Chamber. The Commission, having reviewed the Executive Secretary report, on a motion by Commissioner Akashian, second by Commissioner Delaney, voted to cancel the special one-day license for malt beverages & wines only granted to Christine Cheuk-Trainor of Aramark Catering on March 28, 2013; said license was not issued for event date of April 3, 2013. Applicant wrote in email that UML Plastic Engineering Reception for April 3, 2013 cancelled. License Commission minutes for April 11, 2013 page 3 of 4 The Commission voted to schedule the next regular meeting for Thursday, April 25, 2013 at 6:30 p.m., to be held in the Council Chamber. The public hearing for the revised regulations for alcohol beverages is set for 7:00 p.m. The Commission noted that meetings to discuss and review proposed changes in the regulations took place five (5) times prior to or after regularly scheduled License Commission business [The following dates are when discussion and review took place: January 31, February 14, February 28, March 14, and March 28 – 2013]. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 7:15 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for April 11, 2013 page 4 of 4