License Commission

Lowell License Commission minutes for meeting, Thursday, May 23, 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, Ken Rossetti and Kerry Regan, Asst. City Solicitors Commissioner Akashian made the motion to approve minutes for the regular meeting April 25, 2013, second Commissioner Krieger, so voted. For ratification the issuance of the following license on May 1, 2013: Special one-day license for wines only to Steve Syverson, President, Arts League of Lowell, Inc.-for premises at 307 Market Street, the event Arts League of Lowell gallery grand opening, Saturday, May 11, 2013 from 7:00 p.m. to 10:00 p.m. For ratification the issuance of the following licenses on May 15, 2013: Walter Bettencourt of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, for Holy Ghost Pentecost Feast, Sunday, May 19, 2013, 12:00 noon to 10:00 p.m. Walter Bettencourt of the Holy Ghost Society, special events permit for amplification - sound system for band, disc jockey, Holy Ghost Pentecost Feast, Sunday, May 19, 2013, 12:00 noon to 10:00 p.m., outdoor grounds of Holy Ghost Park, 65 Village St. Public Amusement For ratification the amendment of the license for carnival granted March 14, 2013, issued May 6, 2013 to Dean & Flynn Inc., dba Fiesta Shows of Seabrook, NH, John A. Flynn, representative, at Regatta Field, Pawtucket Blvd., dates and hours amended, as follows: Wed, May 22 to Fri., May 24, 2013 from 6:00 p.m. to 11:00 p.m.; Sat., May 25, 2013 from 12 noon to 11:00 p.m.; and Monday, May 27, 2013 from 12 noon to 8:00 p.m. John Flynn of Fiesta Shows filed application 5/3/2013 to amend license granted March 14, 2013 by adding May 22, and to cancel the dates from May 28 to June 1, 2013. Motion by Commissioner Krieger, second by Commissioner Akashian, to ratify licenses issued, so voted. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one: James Demetri [present] of the Transfiguration Greek Orthodox Church, for premises at 25 Fr. John Sarantos Way, the event is the Transfiguration Church festival, Friday, June 14, 2013, 11:00 a.m. to 11:00 p.m. Saturday, June 15, 2013, 11:00 a.m. to 11:00 p.m. Cynthia Kuenzler [present] of All Sports Heroes Uniforms, Sporting Goods and Promotions Inc. for Saturday, June 15, 2013 from 5:00 p.m. to 9:00 p.m. The event is Safariland Training, a private function, to be held at 18 First St. Penny K. Hamourgas [present] of Worthen Café for enclosed parking lot at 152 Worthen Street, Worthen Block Party, Friday, June 7, 2013, 6:00 p.m. to 1:00 a.m.; and Saturday, June 8, 2013, 5:00 p.m. to 1:00 a.m. Madeline B. Boisvert [present] of Lowell Lodge of Elks #87, at the Lowell Lodge of Elks grounds @ 40 Old Ferry Rd., for the Elkfest Benefit Music Festival, Saturday, June 22, 2013, 1:00 p.m. to 8:00 p.m. Commissioner Akashian explained that each applicant is responsible since the license will be in the name of the applicant; each applicant is in control. Madeline Boisvert stated that there are volunteers to serve alcohol beverages. Cynthia Kuenzler stated that beer and wine will be offered [at the private function], not for sale. Motion by Commissioner Delaney, second by Commissioner Krieger, it was to approve license special one-day licenses for malt beverages and wines only for James Demetri, Cynthia Kuenzler, Penny Hamourgas, and Madeline Boisvert. The Commission reviewed special one-day license applications for all alcohol beverages: Walter Bettencourt [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, for events: Trinity Feast, Saturday, May 25, 2013, 4:00 p.m. to 11:00 p.m. Trinity Feast, Sunday, May 26, 2013, 1:00 p.m. to 10:00 p.m. Trinity Feast, Monday, May 27, 2013, 12:00 noon to 10:00 p.m. Brazilian Night, Saturday, June 1, 2013, 9:00 p.m. to 1:30 a.m. St. Anthony's Feast, Saturday, June 8, 2013, 4:00 p.m. to 11:00 p.m. St. Anthony's Feast, Sunday, June 9, 2013, 12:00 noon to 11:00 p.m. Susan Lawrenson [present] of Lowell Lodge of Elks #87, Elks grounds @ 40 Old Ferry Rd., for: Lodge Summer Campfire Kick-off, Saturday, June 15, 2013, 7:00 p.m. to 11:00 p.m. Hawaiian Luau Campfire, Saturday, July 27, 2013, 7:00 p.m. to 11:00 p.m. Campfire Cookout, Saturday, August 17, 2013, 6:00 p.m. to 10:00 p.m. End of Season Campfire, Saturday, October 5, 2013, 7:00 p.m. to 11:00 p.m. Motion by Commissioner Krieger, second by Commissioner Delaney, it was to approve license special one-day licenses for all alcohol beverages for Walter Bettencourt and Susan Lawrenson. Per request of Stephen G. Craig of Polish American Veterans of Lowell, Inc., his special one-day license application for all alcohol beverages for Saturday, June 22, 2013 from 11:00 a.m. to 8:00 p.m. for an event on the club grounds at 201 Coburn Street was withdrawn without prejudice. The Commission reviewed applications for special event permits for amplification of sound: James A. Demetri [present], Transfiguration Greek Orthodox Church, sound system for band, Transfiguration Church festival, Friday, June 14, 2013, 11:00 a.m. to 11:00 p.m., and Saturday, June 15, 2013, 11:00 a.m. to 11:00 p.m., church grounds at 25 Fr. John Sarantos Way; Walter Bettencourt [present] of the Holy Ghost Society, outdoor grounds of Holy Ghost Park, 65 Village St., sound system for band, disc jockey, for the following events: Trinity Feast, Saturday, May 25, 2013, 4:00 p.m. to 11:00 p.m. Trinity Feast, Sunday, May 26, 2013, 1:00 p.m. to 10:00 p.m. Trinity Feast, Monday, May 27, 2013, 12:00 noon to 10:00 p.m. St. Anthony's Feast, Saturday, June 8, 2013, 4:00 p.m. to 11:00 p.m. St. Anthony's Feast, Sunday, June 9, 2013, 12:00 noon to 10:00 p.m. Dean Easterling [present], Event Manager, Global Spectrum/Tsongas Center, 300 Martin Luther King Jr. Way, sound system for live music, Tsongas Center Back Yard Music Series, June 27, July 11, July 18, August 1, August 15, August 22, 2013, 6:00 p.m. to 8:00 p.m., Tsongas Center North Lawn Madeleine B. Boisvert [present], Lowell Lodge of Elks #87, sound system for 5-bands, i.e., Free Spirit, Groove Syndicate, the Stirr, Cornestone, Mike Kendall on Acoustic, Elkfest Benefit Music Festival, Saturday, June 22, 2013, 1:00 p.m. to 8:00 p.m., 8:00 p.m., Saturday, June 22, 2013, Elks grounds at 40 Old Ferry Road Penny K. Hamourgas [present], Worthen House Café, Inc., sound system for band and/or disc jockey, Worthen Block Party, Friday, June 7, 2013, 6:00 p.m. to 12:00 midnight, and Saturday, June 8, 2013, 5:00 p.m. to 12:00 midnight at the parking lot 152 Worthen St. Commissioner Akashian reminded each applicant for sound amplification that he/she is to understand that the permit is a common sense license; respect for the welfare of neighbors is important. Motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to approve special event permits for James A. Demetri, Walter Bettencourt, Dean Easterling, Madeline B. Boisvert, and Penny K. Hamourgas. The Commission reviewed the application by Lowell Post No. 87 of the Department of Massachusetts, The American Legion Inc. for change of manager from Dennis Pare to Kathleen M. Farley of Dracut, MA. The American Legion is an all alcoholic beverages Club licensee for the premises at 684 Westford St. The Executive Secretary stated that Kathleen Farley was not present due to special circumstances for which the License Commission was not aware of before the meeting; suggesting that the Commission may wish to continue the matter to the next regular meeting. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to continue the matter of the application to the meeting scheduled for June 6, 2013, The Commission reviewed the application by Lowell Lodge # 87 B P O Elks of USA for change of manager from Ronald P. Lowe to Susan Lawrenson of Dracut, MA. The Elks Club is all alcoholic beverages Club licensee for the premises at 40 Old Ferry Road. Susan Lawrenson was present. Commissioner Akashian asked about the club’s policy of guests, and if a key-card system is in place. Ms. Lawrenson stated that the club does utilize the key-card for members, and that guests must accompany a member. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to approve Susan Lawrenson as manager of record for Lowell Lodge # 87 B P O Elks of USA [application is subject to approval by the A.B.C.C.]. The Commission opened the hearing on the allegations of misconduct as filed by Office of the Superintendent of Police, against Puff, Inc., dba C’s Spot Bar, Claude Charlot, Manager, all alcoholic beverages Restaurant licensee at 171 Lakeview Avenue. Claude Charlot, manager of record, was present. Attorney Andrew J. Lacourse was present as legal counsel for Puff, Inc. Lowell police officers Sgt. Jonathan Noone and Detective Michael Kandrotas were present. Atty. Lacourse waived reading of the complaint. Captain Webb reading a summary of the complaint which is the letter from Superintendent Kenneth Lavallee dated March 25, 2013. Atty. Lacourse submitted the following documents for the License Commission to review: copies of two invoices from Horizon Beverage Company, dated 3/12/2013, and 11/23/2012, to Puff Inc.; copy of Lowell Board of Health food establishment inspection report dated 4/25/2013. The copies of said documents are to be placed on file. Atty. Lacourse explained that the licensee [Puff, Inc.] received inventory from Horizon; that each receipt indicates a case of wine purchased at the end of the year [2012], and at the beginning of the year [2013]. Atty. Lacourse stated that Mr. Charlot took a small number of [wine] bottles home; two bottles were not purchased from Horizon. Mr. Charlot stated his explanation for having the bottles in his possession, that is, the wine is slow to sell, hence retaining bottles at home to be returned to the premises when existing stock is depleted. Atty. Lacourse traced the bottles of wine back to the purchase order; furthermore, Atty. Lacourse stated that Mr. Charlot received signs [from the A.B.C.C.] on May 20 [2013]. There are [now] numerous signs from A.B.C.C. plastered the entire place, addressing underage drinking, has all signs required . . . as for underage drinking not aware of any incident; [Mr. Charlot] doesn’t want underage service to happen . . . trying to maintain business, tough time to keep it going . . . Health inspection from April 25, 2013 [premises] in compliance . . . Atty. Lacourse asked the Commission for their discretion. Sergeant Noone addressed the Commission stated that that he and Detective Kandrotas had commenced a surveillance of the licensed premises, C-Spot, at 9 p.m. [March 7, 2013]; Mr. Charlot showed up at 10:15 p.m. After Mr. Charlot arrived, he entered the premises, then returned to his vehicle, removed a cardboard box . . . Claude Charlot stated he took the Detective to where the bottles of wine were placed. Sergeant Noone stated there was no A.B.C.C. signage; the three signs were not there. Commissioner Akashian questioned Mr. Charlot . . . you brought from home, and [wine] not for sale? Mr. Charlot stated, while holding a wine bottle, stated that he never said they [bottles of wine] were not for sale. Commissioner Akashian [question] you had distributor deliver to the bar, and then take them home? Mr. Charlot stated he took them home because [licensee] was not moving it. Commissioner Akashian asked for how long would you [keep] it home? In reference to the invoices, Commissioner Akashian stated wine not moving, then you bought it again . . . why did you order it after [invoice date 3/12/2013]. Atty. Lacourse stated Mr. Charlot took back a few bottles he had. Detective Michael Kandrotas confirmed that Mr. Charlot told the police [March 7] that he was not selling the wine. Commissioner Akashian stated it sounds fishy; you were caught before, now you have invoices. Mr. Charlot makes statement in response. Asst. Solicitor Rossetti states . . . Massachusetts General Law chapter 138, section 23, possession of alcohol beverages on the premises not authorized for sale is prima facie evidence if kept [which is] a violation; there have been three (3) offences in the space of less than a year, a repeat offender. Licensee’s position is incredible, not credible . . . a significant suspension if not revocation, minimum of 30 days suspension to a significant suspension of six (6) months . . . section 64 of chapter 138 authorizes revocation . . . three offenses in the space of a year . . . three times violation for posting requirements [signage]. Law department recommends a very significant suspension or revocation. Atty. Lacourse displayed one bottle of the wine. Commissioner Akashian [question] where is the proof . . . since the date and month [police surveillance] Commissioner Krieger asked if in theory the wine did not come from Horizon, from other places . . . inquired about photos; asked Atty. Lacourse where the signs were when Sergeant Noone and Detective Kandrotas entered the premises. Commissioner Akashian stated [licensee] was found in violation one time before [for no A.B.C.C. signs]; it’s been six (6) months. Do you think Lowell police department is singling you out? Mr. Charlot stated yes. Commissioner Krieger questioned Atty. Lacourse about the walk-through. Commissioner Delaney questioned about the invoice of November 2012, why did you not present the invoice to police? Mr. Charlot answered “good question.” Sergeant Noone stated that he [Charlot] had brought the wine from home . . . that it was not for sale. Commissioner Akashian asked Mr. Charlot . . . did you tell them that, that night? Commissioner Krieger asked Mr. Charlot if he had picked up [the wine] from Horizon? Mr. Charlot stated “yes.” Asst. Solicitor Rossetti stated the question to ask is if a transportation permit was issued [from A.B.C.C.] to transport. Commissioner Krieger asked about # 3 on the notice of hearing . . . what has the City alleged in other violations . . . no doubt on # 2. Captain Webb states the “illegality” on the licensed premises are violations for section 23, 34A, and 34D of chapter 138 [MGL]. Commissioner Akashian stated that the Lowell police did not confiscate [wine], can’t prove if it is the wine . . . smells funny, testimony from two officers . . . [told] not for sale . . . then came the invoice, you had invoice . . . when were you issued criminal complaint? Atty. Lacourse stated that he [Charlot] called the Chief’s office . . . Mr. Charlot did reach out on March 8th to go down to the Lowell police department. Commissioner Akashian asked Mr. Charlot why he did not place invoice with police report. Commissioner Delaney stated that given your history you’ve gone to greater length . . . resolution, can’t be prepared . . . you don’t understand . . . only so many chances to that response. Commissioner Krieger question to Captain Webb . . . any information C-Spot is a problem maker. Captain Webb stated [licensee] been before the License Commission on firearms complaint in the past. Atty. Lacourse stated Lowell police department chased person up the street . . . about 890 feet from the establishment. Commissioner Krieger stated [his motion] to vacate the 14 days [held in abeyance] . . . Lowell police department keep an eye on the place. Asst. Solicitor Rossetti states 14 days fall well below . . . something has to be severe. What it applies to [be] all license holders . . . an unauthorized dealer, end run . . . how they get there liquor, what package store? Commissioner Krieger asked what the economic advantage is. Asst. Solicitor Rossetti states buying in bulk from wholesaler, whereas cash outlay minimal from package store. How much was sold from the November 2012 invoice? Commissioner Akashian stated he would not second Commissioner Krieger’s motion. Commissioner Krieger withdraws his motion. The Commission discussed the allegations of misconduct, finding the licensee, Puff, Inc., in violation on March 7, 2013 of (1) chapter 138, section 23, Mass General Law, for keeping alcohol beverages for sale not purchased from a licensed supplier; (2) chapter 138, section 34A, 34D, 2-counts, for failure to display Alcoholic Beverages Control Commission warning signs; and (3) Commonwealth of Massachusetts regulation 204CMR2.05(2) permitting illegalities on the licensed premises, i.e. unauthorized keeping of alcohol beverages for sale not purchased from a licensed supplier, and failure to display ABCC warning signs. After review of the decisions from 2012 on two (2) violations, the Commission, on a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to suspend the all alcoholic beverages Restaurant license granted and issued to Puff, Inc. for 2013, as follows: sixty (60) days suspension, commencing Saturday, June 15, 2013 at 8:00 a.m., thirty (30) days to be held in abeyance for twelve (12) months, ending June 15, 2014; furthermore, to impose the fourteen (14) days of a suspension of license held in abeyance in the decision of the License Commission dated August 9, 2012 on violations that occurred June 28, 2012; and to impose the sixteen (16) days of suspension held in abeyance in the decision of the License Commission dated August 9, 2012 on violations that occurred July 6, 2012; vote: ayes – Commissioner Akashian, Commissioner Delaney; nay – Commissioner Krieger. The Commission reviewed the application by Azores Restaurant & Lounge, LLC, Arnaldo Silva, Manager, for an all alcoholic beverages Restaurant license for premises at 490 Central Street, two unnumbered doors south side of building; first floor room for restaurant, kitchen; second floor function hall, storage room; basement for storage. A legal notice is for publication May 24, 2013. The Commission ratified public hearing date for Thursday, June 6, 2013 at 6:30 p.m., Council Chamber. The Commission reviewed the application by VSV, Inc., dba Bon Chon Restaurant, Victor Vang, President, for an all alcoholic beverages Restaurant license for premises at 1075 Westford Street, suite 103, first floor, 3,000 sq. ft. for restaurant and kitchen. A legal notice is for publication May 24, 2013. The Commission ratified public hearing date for Thursday, June 6, 2013 at 6:30 p.m., Council Chamber. The Commission reviewed the application by SAPT LLC, Bharat Patel, Member, for transfer of the all alcoholic beverages Package Goods Store license from BKDE Liquors, Inc., d/b/a Lowell Liquors, for premises at 638 Rogers St., Units 4 & 5. The Commission voted to schedule a public hearing for June 20, 2013 at 6:30 p.m.; legal notice for publication June 7, 2013. The Commission reviewed the application by The Last Safe Inc., Steven H. Perez, Clerk, for all alcoholic beverages Restaurant license for premises at 160 Merrimack Street, unit A. The Commission voted to schedule a public hearing for June 20, 2013 at 6:30 p.m.; legal notice for publication June 7, 2013. The Commission reviewed communications from Deborah Friedl, Interim Superintendent of Police regarding the following package store licensees alleged to have failed compliance check conducted by Lowell Police Special Investigations when an underage person supervised by police purchased alcohol beverages without having been asked for positive identification prior to sale: Hearing date of June 6, 2013 for TLC Package Store, Inc., 277 School St., Naysean Chhuon, Mgr., all alc. bev. store Amal Fuel Inc., dba Drum Hill Gulf, 1299 Westford St., Richard Elkhoury, Mgr., malt bev. & wines only store Jo & Ni, Inc., dba R & M Liquors, 815 Lakeview Ave., Michael J. Rodrigue, Mgr., all alc. bev. store Lucky Bee, Inc., 185 Woburn St., Peter Vogiatzoglou, Sr., Mgr., malt bev. & wines only store Hearing date June 20, 2013 for Chuck's Variety, Inc., dba Chuck’s Variety, Phalla Meas, Mgr., malt bev. & wines only store Sarcinshe, Inc., dba Pacific Liquors, 421 Central St., Sophal Em, Mgr., all alc. bev. store L & S Liquors, Inc., 2 Dover St., Bun Song Chhuon, Mgr., all alc. bev. store Rosenbloom Corporation, dba Ornelas Liquors, 1012 Gorham St., Sangita Patel, Mgr. Hearing to be determined at a later date when there is a quorum for D & Y Corp., dba Jerry’s Food Store #2, 207 University Ave., Bhupendra Patel, Mgr., malt bev. & wines only store – 2 letters L & M Liquors, Inc., 424 Chelmsford St., Leonia M. Mendonca, Mgr., all alc. bev. store Khompong Thom Market, Inc., dba Appleton Liquors, 171 Appleton St., Chheang Tell, Mgr., all alc. bev. store The Commission reviewed the communication from Deborah Friedl, Interim Superintendent of Police, dated May 13, 2013, allegations of misconduct against The Middle Street Village, Inc., dba The Village Smokehouse, 92-98 Middle St., Alan F. Kaplan, Mgr., all alc. bev. Restaurant licensee, date of alleged violations April 25, 2013 - M.G. L. c. 138, s. 34, sale or delivery of alcohol beverage to person under 21 years of age; and Massachusetts regulation 204 CMR 2.05 (2), to wit: violation of M.G.L. c. 138, s. 34, and violation of M.G.L. c. 94C (Controlled Substances Act). The Commission was informed by Captain Webb that a request by the Lowell police department for analysis of evidence obtained by Lowell police at the Village Smokehouse at the Massachusetts State Police Crime Lab will take approximately six (6) weeks to have the results. The Commission decided to await the results before deciding on a hearing date. The License Commission reviewed the statutory requirement that the licensing board shall vote to permit the sale and delivery of alcohol beverages during polling hours by retail package stores in accordance with Massachusetts General Law chapter 138, section 33. It was voted that package store licensees may sell and deliver alcohol beverages on the following days during polling hours: Senate election June 25, 2013; City preliminary election September 24, 2013; and City election November 5, 2013. The Commission reviewed the motion by Commissioner Cliff Krieger for addition to methods of meeting notification, to wit, opinion from City Solicitor on legality of using email as a supplemental method of meeting and agenda notification; request of MIS Department an opinion as to best way to maintain email group; request of MIS Department an opinion on suitability of City’s web-page for residents to request being added to License Commission email group, second by Commissioner Akashian, so voted. On a motion by Commissioner Akashian, second by Commissioner Delaney, it was voted to adjourn the meeting at 8:00 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].