License Commission

Lowell License Commission minutes for meeting, Thursday, June 6, 2013 at 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Brian Akashian, Commissioner (Chairman), Cliff Krieger, Commissioner, Captain Jack Webb of Lowell police department, Kerry Regan, Asst. City Solicitor. Commissioner Akashian made the motion to approve minutes for the regular meeting May 23, 2013, second Commissioner Krieger, so voted. The Commission reviewed the special one-day license application for wines only Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street, for the following dates: Saturday, June 15, 2013 from 4:00 p.m. to 6:00 p.m., Artists reception – Exposed Friday, August 9, 2013 from 4:00 p.m. to 6:00 p.m., Artists reception – Fabrication of Imagination 2013 Thursday, September 26, 2013 from 4:00 p.m. to 6:00 p.m., Artists reception – Liguidscapes Saturday, October 26, 2013 from 4:00 p.m. to 6:00 p.m., Artists reception – Shifting Landscapes Saturday, November 9, 2013 from 4:00 p.m. to 6:00 p.m., Artists reception – Shades of November Julia Gavin, Clerk for Arts League of Lowell was present. Ms Gavin stated that there is no charge for a small glass of wine. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to grant licenses to Steve Syverson of the Arts League of Lowell, Inc. Mr. Syverson appeared later in the meeting to address the Commission about the reception the Arts League hosted May 11, 2013. Mr. Syverson in response to Commissioner Krieger question stated that everything went great. The Commission reviewed applications for special event permit for amplification of sound from Theodore Panagiotopoulos [present], Athenian Corner Restaurant and Lounge, Inc., enclosed private parking lot adj. 207 Market Street, sound system for musician(s), band, on the patio, April thru September 2013; [per city ordinance] Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 midnight, Ken Lavallee [present], representative, Enterprise Bank, parking lot adjacent to Enterprise Bank, 222 Merrimack Street, disc jockey with sound system, Thursday, June 27, 2013, or rain date of Fri., June 28, 2013, 11:00 a.m. to 2:00 p.m. National Park Service, John Marciano, rep., Chris Fendt [present], rep., live music, sound system, Lowell Summer Music Series, and Free Fun For Kids, Boarding House Park, French & John Streets, June, July, August, September - 2013, Wednesday 10 a.m. to 10 p.m.; Thursday, Friday, Saturday 10 a.m. to 12 midnight. Lowell Festival Foundation, John Marciano, rep., Chris Fendt, rep., live music, sound system, on Thurs., July 25 for sound checks only, Fri., July 26, Sat., July 27, and Sun., July 28, 2013; hours 10 a.m. to 12 midnight on Friday, Saturday; 10 a.m. to 10 p.m. on Sunday, Boarding House Park, French & John Sts. / JFK Plaza, City Hall, Arcand Dr. / St. Anne's Churchyard, 8 Kirk St. / Dutton Street Dance Pavilion at NPS parking lot /, Market Street Stage, 246 Market St. / Lee Street Stage @ Lee & John Sts./ The Street Performance Area @ John & Merrimack Sts./ The Family Area at Mack Plaza. Commissioner Akashian reminded each applicant of the common sense approach to sound amplification, to be respectful of the neighbors. Motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to grant sound amplification permits. The Commission reviewed the application by Merrimack Repertory Theatre, Inc., Edgar Cyrus, representative, for Charity Wine Pouring License in accordance with chapter 138, section 12, and chapter 153 of the acts of 1997, further amended by chapter 405, acts of 2012, for June 20, 2013 at Aramark Educational Services, LLC, Inn and Conference Center, 50 Warren Street. Laura Polan was present for MRT. Commissioner Akashian addressed the matter of license approval not only by the License Commission but also by the Alcoholic Beverages Control Commission. The A.B.C.C. recommends filing sixty (60) days prior to the event date. Motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to grant the license for charity wine pouring to the Merrimack repertory Theatre for June 20, 2013. The Commission opened a public hearing on 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. The following individuals were present: Arnaldo Silva and Atty. Steven Panagiotakos, legal counsel for Azores Restaurant & Lounge, LLC. Atty. Panagiotakos stated that Mr. Silva is the sole member of the LLC. Mr. Silva had a restaurant in Wilmington; he is TIPS certified; all employees to be TIPS certified. Mr. Silva has had no prior experience [selling/serving] with alcohol beverages. Commissioner Akashian advised Mr. Silva on checking I.D.’s, and to be familiar with regulations governing alcohol beverages. Mr. Silva stated he has wanted to come to Lowell; he plans on having ten (10) employees; food will be combination of international fare. Atty. Panagiotakos stated that the restaurant will be called St. Michael’s Restaurant. Restaurant hours will be 7:00 a.m. to 1:00 a.m., a breakfast will be served. Commissioner Krieger stated that if there are to be any modifications of the licensed premises, you are to come to the License Commission for approval. Legal notice was published in the local newspaper May 24, 2013; applicant required to notify abutters who own property touching the applicant’s premises, and owners of land directly opposite on any public or private street or way. The Commission reviewed the affidavit and copy of postal slips and return-receipts from notices sent to abutters; items ordered to be placed on file. Commissioner Akashian asked if anyone present wished to speak in favor of the application. There was no one present to speak in favor; that portion of the hearing was closed. Commissioner Akashian asked if anyone present wished to speak in opposition to the application. There was no one present to speak in opposition to the application; that portion of the hearing was closed. Commissioner Akashian stated that he liked the investment in Lowell, and wished Mr. Silva for a successful business. Motion by Commissioner Akashian, second by Commissioner Krieger, to grant an all alcoholic beverages Restaurant license for 2013 to Azores Restaurant & Lounge, LLC, d/b/a St. Michael’s Restaurant, 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; vote: ayes Commissioner Akashian, Commissioner Krieger. The Commission approved Arnaldo Silva as manager of record for Azores Restaurant & Lounge, LLC. The following licenses were granted for Azores Restaurant & Lounge, LLC, premises at 490 Central St., for 2013: common victualler; entertainment for on the premises alcohol license, restaurant, disc jockey Thursday to Saturday, 8:00 p.m. to 1:30 a.m. and functions or private parties; live performers Thursday to Saturday, 8:00 p.m. to 1:30 a.m. and functions or private parties; and automatic amusement device. 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. Kathleen Farley and Dennis Pare were present. The Executive Secretary informed the Commission that there is background information that they may wish to review; if so, then consideration should be given for a vote on whether to enter into executive session to comply with, or act under the authority of, MGL Chapter 6 Section 172. Motion by Commissioner Akashian to go to executive session to review background information in the cloak room off the Council Chamber, second by Commissioner Krieger, roll-call vote: ayes Commissioner Akashian, Commissioner Krieger; motion passed at 6:48 p.m. Commissioner Akashian announced that the License Commission planned to return to regular session. At 6:51 p.m., Commissioner Akashian made the motion in the Council Chamber that the License Commission return to regular session, second by Commissioner Krieger, roll-call vote: ayes Commissioner Akashian, Commissioner Krieger; motion passed at 6:51 p.m. Commissioner Akashian questioned Ms. Farley about club policy on guests sign-in, and TIPS certification. Ms. Farley confirmed that the club requires guests to sign-in, and stated that she is TIPS certified. A motion by Commissioner Akashian, second by Commissioner Krieger, to approve Kathleen M. Farley as manager of record for Lowell Post No. 87 of the Department of Massachusetts, The American Legion Inc., so voted. The Commission opened a public hearing on 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. The following individuals were present: Victor Vang, Amanda Vu, Pisey Kung, and Atty. Walter E. Chambers, legal counsel for VSV, Inc. Atty. Chambers stated that days and hours of operation Monday to Wednesday starting at 10:00 a.m.; Thursday to Sunday 11:00 a.m. to 12:00 midnight. Atty. Chambers stated that the corporation VSV has an alcohol policy. Commissioner Akashian questioned if the business is open; Atty. Chambers stated that the restaurant has not opened; he stated that there is a five year lease with the property owner. Legal notice was published in the local newspaper May 24, 2013; applicant required to notify abutters who own property touching the applicant’s premises, and owners of land directly opposite on any public or private street or way. The Commission reviewed the affidavit and copy of postal slips and return-receipts from notices sent to abutters; items ordered to be placed on file. Commissioner Akashian asked if anyone present wished to speak in favor of the application. There was no one present to speak in favor; that portion of the hearing was closed. Commissioner Akashian asked if anyone present wished to speak in opposition to the application. There was no one present to speak in opposition to the application; that portion of the hearing was closed. Commissioner Akashian, in reference to the alcohol policy, asked if there will be a bar in the restaurant; Atty. Chambers stated yes. Motion by Commissioner Akashian, second by Commissioner Krieger, to grant an all alcoholic beverages Restaurant license for 2013 to VSV, Inc., d/b/a Bon Chon Restaurant, for premises at 1075 Westford Street, suite 103, first floor, 3,000 sq. ft. for restaurant and kitchen; vote: ayes Commissioner Akashian, Commissioner Krieger. The Commission approved Victor Vang as manager of record for VSV, Inc. A common victualler license was granted to VSV, Inc., d/b/a Bon Chon Restaurant for premises at 1075 Westford St. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against TLC Package Store, Inc., Naysean Chhuon, Manager, all alcoholic beverages Package Store licensee, premises at 277 School Street, for failure compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Naysean Chhuon was present, and Atty. James Flood, legal counsel for TLC Package Store, Inc. Lowell police detective Richard Desilets was present. Atty. Flood waived reading of the complaint. Captain Webb read a summary of the compliance check which occurred April 11, 2013. Atty. Flood stated that the licensee has no defense. Commissioner Akashian stated that a check at the register is a teaching tool [for employees]. Atty. Flood and Ms. Chhuon stated that corrective action has been taken; the employee at the register is no longer working at the store. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place the Superintendent of Police letter on file. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Amal Fuel Inc., dba Drum Hill Gulf, Richard Elkhoury, Manager, malt beverages & wines only Package Store licensee, premises at 1299 Westford Street, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Richard Elkhoury, manager of record for Amal Fuel Inc., was not present. Commissioner Akashian inquired of the Executive Secretary if the notice of hearing had been sent by first class mail; the Executive Secretary stated yes, and stated that a second mailing was by certified mail, return receipt request. Commissioner Akashian asked [rhetorically] first class mail did not come back. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to continue the hearing to June 20, 2013. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Jo & Ni, Inc., dba R & M Liquors, Michael J. Rodrigue, President, all alcoholic beverages Package Store licensee, premises at 815 Lakeview Avenue, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Joanne Rodrigue, a corporate officer/director of Jo & Ni, Inc., was present. Captain Webb read a summary of the compliance check which occurred April 27, 2013. Ms. Rodrigue stated it was her error for not asking for identification. Commissioner Akashian reminded Ms. Rodrigue that the compliance check is meant to be a teaching tool; all employees should ask for I.D. There are no issues with the licensee. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place the Superintendent of Police letter on file. The Commission reviewed the request of Atty. George Theodorou, dated June 4, 2013 to continue hearing scheduled for June 6, 2013 on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Lucky Bee, Inc., Peter Vogiatzoglou, Sr., Manager, malt beverages & wines only Package Store licensee, premises at 185 Woburn Street, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to continue the hearing to June 20, 2013. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:10 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].