License Commission

Lowell License Commission minutes for meeting, Thursday, June 20, 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 June 6, 2013, second Commissioner Krieger, so voted. For ratification the issuance of the following license June 6, 2013 Special one-day license for all alcoholic beverages Walter Bettencourt of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, for PAC Fundraiser, Saturday, June 15, 2013, 5:00 p.m. to 2:00 a.m. For ratification the issuance of the following license June 12, 2013 Automatic Amusement Device license for Valley pool table, 7 ft. Cougar - M-705, to Amae Restaurant, LLC, d/b/a Black Koi Restaurant & Lounge, Thu Quoc Vu, Manager, All Alcoholic Beverages Restaurant licensee for premises at 602-608 Merrimack Street. Motion by Commissioner Krieger, second by Commissioner Akashian, to ratify licenses issued, so voted. For ratification cancellation of the following licenses June 5, 2013 Special one-day license for malt beverages & wines only, or either one 51SP2013, Penny K. Hamourgas of Worthen Café, enclosed parking lot at 152 Worthen Street, Worthen Block Party, Friday, June 7, 2013, event cancelled because of forecast of unfavorable weather 52SP2013, Penny K. Hamourgas of Worthen Café, enclosed parking lot at 152 Worthen Street, Worthen Block Party, Saturday, June 8, 2013, Event cancelled because of forecast of unfavorable weather Special event permits for amplification of sound Penny K. Hamourgas, Worthen House Café, Inc., sound system for band and/or disc jockey, Worthen Block Party, Friday, June 7, 2013, and Saturday, June 8, 2013, parking lot at 152 Worthen Street Motion by Commissioner Krieger, second by Commissioner Akashian, to ratify licenses cancelled, so voted. The Commission reviewed special one-day license application for wines only Theodore Lavash of Ayer Lofts Gallery, 172 Middle Street, Ayer Loft Art Gallery opening, Saturday, July 13, 2013, 12:00 noon to 6:00 p.m. Barbara Gagel was present on behalf of Theodore Lavish. Alan Nidle [present] of Zeitgeist Gallery, 167 Market Street, Art Opening Zeitgeist Gallery, Saturday, July 13, 2013, 5:30 p.m. to 8:00 p.m. Commissioner Akashian stated that applicants are to go to a distributor for alcohol beverages, not to the package store. Ms. Gagel stated that the Ayer Lofts Gallery expects approximately 35 to 40 guests. Mr. Nidle stated that he expected the same number of people at the Zeitgeist Gallery. Commissioner Akashian reminded the applicants that the license is in your name. Motion by Commissioner Akashian, second by Commissioner Krieger, it was to approve license special one-day licenses for wines only for Theodore Lavish and Alan Nidle. The Commission reviewed special one-day license application for malt beverages & wines only, or either one. Melissa Haley [present] of G & AA, LLC, d/b/a Fuse Bistro for enclosed outdoor area Palmer St. @ corner of Middle St., during Lowell Folk Festival 2013 Friday, July 26, 2013, 6:00 p.m. to 12:00 midnight Saturday, July 27, 2013, 12:00 noon to 12:00 midnight Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Motion by Commissioner Akashian, second by Commissioner Krieger, it was to approve license special one-day licenses for malt beverages and wines only for Melissa Haley. The Commission reviewed special one-day license applications for all alcohol beverages John S. Vitorino [present] of Portuguese American Civic League, enclosed parking lot adj. to 512 Central Street, members' picnic of the Portuguese American Civic League, Saturday, August 10, 2013, 12:00 noon to 6:00 p.m. Walter Bettencourt [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village Street Sao Joao Feast, Saturday, June 22, 2013, 3:00 p.m. to 11:00 p.m. Sao Joao Feast, Sunday, June 23, 2013, 3:00 p.m. to 10:00 p.m. Agnes Wedding Reception, Saturday, June 29, 2013, 5:00 p.m. to 1:30 a.m. Garcia Wedding Reception, Saturday, July 6, 2013, 4:30 p.m. to 1:30 a.m. Naomi Fundraiser, Saturday, July 13, 2013, 4:30 p.m. to 1:30 a.m. Kamara Fashion Show, Friday, July 19, 2013, 5:00 p.m. to 1:30 a.m. Portuguese Bike Run Fundraiser, Saturday, July 20, 2013, 12:30 p.m. to 1:30 a.m. Brazilian Night, Saturday, July 27, 2013, 9:00 p.m. to 2:00 a.m. Holy Ghost Fundraiser, Saturday, August 3, 2013, 5:00 p.m. to 1:30 a.m. Motion by Commissioner Krieger, second by Commissioner Akashian, it was to approve license special one-day licenses for all alcoholic beverages for John Vitorino and Walter Bettencourt. The Commission applications for special event permit for amplification of sound. John Vitorino, Portuguese American Civic League, disc jockey with sound system, parking lot of club at 512 Central Street Members' gathering, Saturday, June 29, 2013, 6:00 p.m. to 10:00 p.m. Members' picnic, Saturday, August 10, 2013, 12:00 noon to 6:00 p.m. Jeffrey Hernandez [present], Hijos De Borinquen Puerto Rican Cultural Festival, sound system for live bands, disc jockey, P.A. system, 33rd Annual Lowell Puerto Rican Cultural Festival, Sunday, August 4, 2013, or rain date of Sun., Aug. 11, 2013, 10:00 a.m. to 10:00 p.m., Lowell Heritage State Park, Sampas Pavilion & Esplanade, Pawtucket Blvd. Walter Bettencourt of the Holy Ghost Society, Holy Ghost Society, sound system for band, disc jockey, outdoor grounds of Holy Ghost Park, 65 Village St. Sao Joao Feast, Saturday, June 22, 2013, 3:00 p.m. to 10:00 p.m. Sao Joao Feast, Sunday, June 23, 2013, 3:00 p.m. to 10:00 p.m. Portuguese Bike Run Fundraiser, Saturday, July 20, 2013, 12:30 p.m. to 9:00 p.m. Melissa Haley, G & AA, LLC, Fuse Bistro, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 26, Sat., July 27, and Sun., July 28, 2013, enclosed outdoor area in front of 45 Palmer St. @ corner of Middle St. Robin E. Dupell [present], ATP Restaurant Inc., d/b/a Cobblestones, 91 Dutton Street, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 26, Sat., July 27, and Sun., July 28, 2013, enclosed outdoor area in front of 91 Dutton St. Manny Cavaleiro [present] of Cavaleiro's Restaurant, MC Restaurants, Inc., 573 Lawrence St. sound system for band, summer party at Cavaleiro's outdoor cafe Saturday, June 22, 2013, 8:00 p.m. to 12:00 mid. Saturday, July 20, 2013, 8:00 p.m. to 12:00 mid. Saturday, July 27, 2013, 8:00 p.m. to 12:00 mid. Saturday, August 10, 2013, 8:00 p.m. to 12:00 mid. Saturday, August 17, 2013, 8:00 p.m. to 12:00 mid. Commissioner Akashian addressed the applicants about each person using common sense, and for those applicants in close proximity to the Folk Festival venues they will need to limit the sound so there is no interference. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve special event permits for amplification of sound to John Vitorino, Jeffrey Hernandez, Walter Bettencourt, Melissa Haley, Robin Dupell, and Manny Cavaleiro. The Commission reviewed special one-day license applications for malt beverages & wines only, or either one from Keomanee Lakongpheng [present] of temple Wat Lao Mixayaram of New England, 45 Bernier St. Fundraiser for temple at 45 Bernier St., Saturday, July 6, 2013, 12:00 noon to 6:00 p.m. Fundraiser for temple at 45 Bernier St., Sunday, July 7, 2013, 12:00 noon to 6:00 p.m. The Commission also reviewed Keomanee Lakongpheng applications for temple Wat Lao Mixayaram of New England, band, sound system, fundraiser for temple, fence-enclosed grounds of temple at 45 Bernier St. Saturday, July 6, 2013, 12 noon to 6:00 p.m., Sunday, July 7, 2013, 12 noon to 6:00 p.m. The Executive Secretary informed the Commission of an unidentified caller in 2012 who had stated he anticipated a problem with parking and sound amplification in the neighborhood of Bernier Street. Commissioner Akashian duly noted it had been one phone call. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to grant special one-day licenses for malt beverages & wines only to Keomanee Lakongpheng for July 6 and July 7, 2013; hours 12:00 noon to 6:00 p.m. each day; inclusive of vote to grant were special event permits for sound amplification July 6 and July 7, 2013, 12 noon to 6:00 p.m. each day. The Commission reviewed applications for Sidewalk Stand permit. Liliana Kualapai, d/b/a Downtown Dancewear, 120 Merrimack St. [Kenzy McIntyre, store manager, present] (seasonal) Adam Gundersheim [present], Empire Loan of Lowell, Inc., 43 Merrimack St. (Folk Festival weekend) Christopher Melville [not present; application continued to next meeting], Tabletop Arena, LLC, 103 Market St. (seasonal) On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to grant sidewalk stand permits to Liliana Kualapai and Adam Gundersheim. The Commission reviewed the application for Old Gold, Silver, Platinum license for 2013-2014 by Sina Ken and Anthony Ken, d/b/a STK Cash For Gold, 209 Chelmsford Street. Sina and Anthony Ken were present. Commissioner Akashian questioned the applicants about their awareness of the City ordinance. Anthony Ken stated that they had spoken to a Lowell police officer. Captain Webb confirmed that an officer had spoken to the applicants. Anthony Ken stated that they have rented the store front; they will not be selling new merchandise. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to grant a license for Old Gold, Silver, Platinum to Sina Ken and Anthony Ken, d/b/a STK Cash For Gold, 209 Chelmsford Street, for the license period May 1, 2013 to April 30, 2014. The Commission opened the public hearing on the application for transfer of the all alcoholic beverages Package Goods Store license from BKDE Liquors, Inc., d/b/a Lowell Liquors, Robert Kassiotis, President, to SAPT, LLC, Bharat Patel, Member, for premises at 638 Rogers St., Units 4 & 5, a total area of 2,400 sq. ft. The following individuals were present: Sachin Patel and Hyman Stramer, Attorney for SAPT, LLC. Attorney Stramer introduced Sachin Patel as the proposed new manager; Mr. Patel has moved from Florida. Mr. Patel stated that he had owned a store where beer and wine was sold; he stated he is aware of the laws. Commissioner Krieger questioned Atty. Stramer. Atty. Stramer stated the names of the individuals who are recorded on the application as having interest [in license]. Commissioner Akashian opened the hearing for public comment. There were neither proponents nor opponents to the application for transfer of license to speak at the public hearing. The Commission closed that portion of the hearing. Commissioner Akashian stated that the store has a great reputation; the store location is on a main thoroughfare. Commissioner Akashian stated to Mr. Patel - do not get the reputation for selling to minors. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the transfer of the all alcoholic beverages Package Goods Store license from BKDE Liquors, Inc., d/b/a Lowell Liquors, Robert Kassiotis, President, to SAPT, LLC, Bharat Patel, Member, for premises at 638 Rogers St., Units 4 & 5, a total area of 2,400 sq. ft. for calendar year 2013. The Commission approved Sachin Patel as manager of record for SAPT, LLC. The Commission opened the public hearing on 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, unnumbered door south side; basement one room approximately 1,750 sq. ft. with bar, stage, storage area. The following individuals were present: Steven Perez and John J. Hartigan, Attorney for The Last Safe Inc. Attorney Hartigan introduced Steven Perez as the proposed new manager. The location would be a venue for live entertainment to support local performance arts. The location is below ground; there would be a small capacity. The business would cater to an after-dinner crowd, five-days a week; employees to be TIPS certified. Mr. Perez addressed the Commission; he stated there would be art, music, independent film, many musicians of various types. Commissioner Akashian stated they are conspicuous by their absence, the owners of The Village Smokehouse; asked if [to be] like the Smokehouse; age group to be targeted? Mr. Perez stated 25 to 55 years of age. Mr. Perez cited his experience in Boston, twenty years of arts experience, booking agent, as chef. Commissioner Akashian stated that the prior licensee had sound issue. Mr. Perez stated that he spoke to Mr. Boggs [resident of 160 Merrimack St.] Commissioner Krieger asked if there will be separation from The Smokehouse. The Commission opened the hearing for public comment; Commissioner Akashian asked if anyone wished to speak in favor. There was no one to speak in favor. Commissioner Akashian read an email from Kathy Marcin who had written in favor of the application. Commissioner Akashian asked if anyone wished to speak in opposition. There was no one to speak in opposition. Commissioner Akashian asked if the Lowell Police Department have any one to comment. Captain Webb stated that the Superintendent of Police requests the Commission take into consideration the applicants associated with The Village Smokehouse. Commissioner Akashian stated they are two distinct organizations; there will be a very short leash because of the other [licensee]. Asst. Solicitor Regan asked that the Commission table the matter because of the Smokehouse matter. Atty. Hartigan stated his objection, they are two separate entities; Mr. Perez will be responsible. Commissioner Krieger stated if the matter of the Village Smokehouse is egregious. Commissioner Akashian stated two owners of separate establishments; appreciate the City’s position. Commissioner Akashian cited that Merrimack Street is a main thoroughfare; your [Perez] reputation as manager [is good]; allow for a short-leash. Commissioner Krieger agrees about a short-lease. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to grant the all alcoholic beverages Restaurant license to The Last Safe Inc. for premises at 160 Merrimack Street, unit A, unnumbered door south side; basement one room approximately 1,750 sq. ft. with bar, stage, storage area for calendar year 2013. The Commission approved Steven H. Perez as manager of record for The Last Safe, Inc. The Commission voted to grant The Last Safe, Inc. license for common victualler and for entertainment in a licensed restaurant for live bands, one to five performers, and for d.j. for premises at 160 Merrimack Street, unit A. The Commission opened the hearing continued from June 6, 2013 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 Davenport was present to represent the licensee Amal Fuel Inc. Mr. Davenport stated that he is General Manager for the corporate licensee. Mr. Davenport apologized to the Commission for his absence from the meeting of June 6, 2013. Receiving mail fr4om the Post Office had been a problem; the letter sent for June 6th hearing was received the Saturday after meeting of June 6, 2013. Mr. Davenport stated that the employee involved with the transaction and who had not asked for identification was terminated. Employees are instructed to ask for identification. Detective Richard Desilets of Lowell Police Department was present. Commissioner Akashian stated the location is a busy area, near Chelmsford High School; maintain strong stance for termination [if employees not doing job]. Commissioner Krieger stated that he is concerned about post office box; consideration should be given for a p. o. box. Commissioner Krieger asked if he would be asked for I.D. if he was to buy. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place Superintendent’s letter on file for Amal Fuel, Inc. The Commission opened the hearing continued from 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. Atty. George Theodorou was present to represent Lucky Bee, Inc. Peter Vogiatzoglou, Sr., and Peter Vogiatzoglou, Jr. were present. Atty. Theodorou waived the reading of the complaint. Captain Webb read the summary of the complaint from the Superintendent of Police. Detective Richard Desilets was present. Captain Webb stated that it is the fifth complaint since the store has had the package store license. Atty. Theodorou stated his client understands that the license is in jeopardy; he has gone over the matter long and hard with his client. For Thursday, Friday and Saturday from 5:30 p.m. to 10:00 p.m. management has hired another clerk; each clerk has been retrained, certified, the business has purchased an I.D. scanner, each I.D. scanner has the software for checking [valid] identifications . . . checks are in place for it not to happen again. Commissioner Akashian stated there is a short leash, [can’t] get any shorter. Atty. Theodorou stated the store is a busy site; there is a substantial investment, Dunkin’ Donuts . . . asked for Commission’s consideration. Commissioner Akashian stated Atty. Theodorou; you did not represent [Lucky Bee, Inc.] when business got the license. The Commission stated at the time that it was a busy location [servicing] people of South Lowell . . . recipe for disaster, turning-out not to be good, [corrective action] happening too late . . . [served] a thirty-seven days suspension [in 2012]. Commissioner Krieger stated take action to implementation new procedures . . . some suspension. Asst. Solicitor Regan stated that the July 2011 recommendation of Commission was for an I.D. scanner. Atty. Theodorou stated explanation for I. D. scanner, asked that they be given opportunity. Commissioner Akashian mentioned the state guidelines which the [underage volunteer] signs, and is given an explanation of the regulations . . . [the store-clerk] to ask for I.D. Commissioner Krieger stated consideration of what it means. Commissioner Akashian made the motion for a six-month suspension, thee months of the suspension to be held in abeyance . . . second by Commissioner Krieger; suspension effective July 1, 2013. Commissioner Akashian stated to Attorney Theodorou, afterwards, 3 months abeyance for two years: Commissioner Krieger second the 3 months abeyance. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Chuck’s Variety, Inc., dba Chuck’s Variety, Phalla Meas, Mgr., malt beverages & wines only Package store, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Phalla Meas was present. Captain Webb read the summary from the Superintendent’s letter. Phalla Meas stated she was sorry for it to have happened. Commissioner Akashian stated you’ve had the license for four years . . . it is training exercise . . . I.D. everyone. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place Superintendent’s letter on file for Chuck’s Variety, Inc. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Sarcinshe, Inc., dba Pacific Liquors, 421 Central St., Sophal Em, Mgr., all alcohol beverages Package Store, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Sophal Em was present. Captain Webb read the summary from the Superintendent’s letter. Mr. Em stated that he was so sorry for it to have happened . . . he’s had the license for twelve years; there have been no issues. Commissioner Akashian stated it is a training exercise . . . motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place Superintendent’s letter on file for Sarcinshe, Inc. The Commission continued the hearing to July 18, 2013 on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against L & S Liquors, Inc., 2 Dover St., Bun Song Chhuon, Mgr., all alcohol beverages Package Store, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Mr. Bun Song Chhuon did not make an appearance. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Rosenbloom Corporation, dba Ornelas Liquors, 1012 Gorham St., Sangita Patel, Mgr., all alcoholic beverages Package Store, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL. Sangita Patel and Anil Patel [husband] were present. Captain Webb read the summary from the Superintendent’s letter. Commissioner Akashian stated that you heard Pacific Liquors has had license for twelve years . . . Mr. Patel stated it has been four and one-half months. Commissioner Akashian stated when you hire new employee make sure [employee] is trained. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to place Superintendent’s letter on file for Rosenbloom Corporation. The Commission reviewed the application filed by The Middle Street Village, Inc., dba The Village Smokehouse, Alan Kaplan, President, all alcoholic beverages Restaurant licensee, for premises at 92-98 Middle Street, for change of officer, director, and transfer of stock. It was voted to advertise for public hearing in accordance with section 15A of chapter 138, MGL for Friday, July 5, 2013; hearing scheduled for July 18, 2013. The Commission reviewed the application filed by Global Montello Group Corp., dba Alltown – Lowell, Edward J. Faneuil, Executive Vice President, for a malt beverages & wine only Package Store license for premises at 980 Chelmsford Street. It was voted to advertise for public hearing in accordance with section 15A of chapter 138, MGL for Friday, July 5, 2013; hearing scheduled for July 18, 2013. The Commission reviewed the application filed by Bhumi Liquors, Inc., Vimalkumar Patel, President, for transfer of the all alcoholic beverages Package Goods Store license from Sarcinshe, Inc., dba Pacific Liquors, Sophal Em, President, for premises at 421 Central Street. It was voted to advertise for public hearing in accordance with section 15A of chapter 138, MGL for Friday, July 5, 2013; hearing scheduled for July 18, 2013. The Commission reviewed the communication from Deborah Friedl, Interim Superintendent of Police, dated June 18, 2013, re allegations of misconduct against Hayhurst Group, Inc., dba Finn’s Pub, 76-86 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee. Asst. Solicitor Regan recommended the Commission schedule a hearing regardless of a criminal complaint. Further discussion between Commissioner Akashian, Commissioner Krieger and Asst. Solicitor Regan on allegations Lowell police department may have on incident at Finn’s Pub . . . recommendation by Commissioner Akashian about witnesses to be available for License Commission hearing. There was consensus of possible additional information for meeting on July 18, 2013. The Commission agreed to hear complaint on The Middle Street Village Inc. for July 18, 2013 after the Executive Secretary stated that Lowell police department received a report from the Massachusetts State Police [crime lab] of evidence recovered from the basement of The Middle Street Village premises at 92-98 Middle St. The Commission set a hearing date for August 8, 2013 on the complaint against Hayhurst Group, Inc., d/b/a Finn’s Pub, 76- 86 Merrimack St On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 8:10 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].