License Commission

P ag e 1 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 Minutes for the Lowell License Commission meeting, Thursday, July 18, 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 the Lowell police department, Kerry Regan, Asst. City Solicitor Commissioner Krieger made the motion to approve minutes for the regular meeting June 20, 2013, second Commissioner Akashian, so voted. For ratification the issuance of the following license July 3, 2013 Special license for amplification of sound issued to Patricia A. Stella, Manager, Stella LLC, d/b/a Centro, 24 Market Street, sound system for live music, outdoor acoustic music, Tuesday, July 9 to Wednesday, July 17, 2013, sidewalk seating area at 24 Market St. Motion by Commissioner Akashian, second by Commissioner Krieger, to ratify license issued, so voted. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one. Assistant Solicitor Regan speaking in behalf of the Lowell police department requested the special one-day licenses for individuals during the Folk Festival [expire] at midnight. . . Commissioner Akashian questioned why the Law department is speaking for the police. Captain Webb stated that the police, particularly this weekend, it would be easier at 12 midnight in order to open streets in the downtown for motor vehicle traffic. The Executive Secretary commented upon an email exchange he had with Chris Samaras, Downtown Coordinator, who had forwarded a message which relates to a discussion that took place at a Manager’s staff meeting about limiting temporary one-day licenses to annual license holders for alcohol beverages during the Folk Festival weekend. The Commission after a brief discussion concluded that the action to be taken on the one-day license applications would follow the criteria that each applicant can state that he/she knows the regulations and that he/she is the responsible manager. Penny Hamourgas of Worthen Café addressed the Commission on the matter of the time when licenses expire . . . she stated it is the 10th year, it is only ‘til 1 a.m., the sound [music] is off, [people disperse] quietly . . . any other time [i.e. 12 midnight], it is chaos. Commissioner Akashian asked if there have been any incidents . . . Penny Hamourgas stated “none.” Commissioner Akashian asked Captain Webb if there had been any incidents . . . Captain Webb stated there is nothing. Commissioner Akashian asked if everyone has received a license before, any alcohol sold . . . and at other times. John Curtis addressed the Commission on behalf of his wife Songul Curtis [dba Eileen’s Pizzeria and Grill, 127 Merrimack St.]. Commissioner Akashian asked Mr. Curtis if he understood how to obtain [alcohol beverages] from a vendor . . . there was a question and answer between Commission and Mr. Curtis. Commissioner Krieger stated the importance of paying attention to the rules and regulations . . . Commissioner Akashian mentions the matter that there not be cause for criminal complaints; have the one-day license on display; [servers] should have taken the T.I.P.S. course . . . any questions double-check with police and [Executive Secretary]. On a motion by Commissioner Krieger, second by Commissioner Akashian, the Commission voted to grant special one-day licenses to the following individuals to sell and serve malt beverages and wines only: P ag e 2 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 Jerry Murphy [present] of Kandon, Inc., d/b/a Old Court, enclosed outdoor area Middle St. @ corner of Central St., Lowell Folk Festival 2013, Friday, July 26, 2013, 6:00 p.m. to 12:00 midnight, and Saturday, July 27, 2013, 12:00 noon to 12:00 midnight Kevin Hayhurst [present] of Hayhurst Group Inc., d/b/a Finn's Pub, enclosed outdoor area adjacent to 76-86 Merrimack Street, 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, and Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Gilberto Rosada [present] of DCGR, Inc., d/b/a D & G All Star Lounge, enclosed outdoor area adjacent to 177 Merrimack Street, Lowell Folk festival 2013, Saturday, July 27, 2013, 12:00 noon to 9:00 p.m., and Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Songul Curtis [present], d/b/a Eileen's Pizzeria and Grill, enclosed outdoor area adjacent to 127 Merrimack Street, 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, and Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Penny K. Hamourgas [present] of Worthen Café, 141 Worthen Street, enclosed parking lot at 152 Worthen Street, Lowell Folk Festival 2013, Friday, July 26, 2013, 5:00 p.m. to 1:00 a.m., and Saturday, July 27, 2013, 5:00 p.m. to 1:00 a.m. Anthony Contarino [present] of TreMonte Restaurant Group, LLC, 44 Palmer Street, enclosed outdoor area Middle and Palmer Streets, 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, and Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Corey Belanger [present] of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 2013, Friday, July 26, 2013, 6:00 p.m. to 10:00 p.m.; Saturday, July 27, 2013, 12:00 noon to 10:00 p.m.; Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Corey Belanger of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2013, Friday, July 26, 2013, 6:00 p.m. to 10:00 p.m.; Saturday, July 27, 2013, 12:00 noon to 10:00 p.m.; Sunday, July 28, 2013, 12:00 noon to 6:00 p.m. Corey Belanger of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2013, Saturday, July 27, 2013, 12:00 noon to 6:00 p.m.; Sunday, July 28, 2013, 12:00 noon to 7:00 p.m. Corey Belanger of CB Enterprises, Inc. enclosed outdoor seating area adjacent to 197 Market Street, 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. Corey Belanger of CB Enterprises, Inc. enclosed parking lot at 133 Market Street, Lowell Folk Festival 2013, Friday, July 26, 2013, 6:00 p.m. to 12:00 midnight; Saturday, July 27, 2013, 6:00 p.m. to 12:00 midnight. The Commission reviewed the applications for special event permit for amplification of sound by the following applicants: P ag e 3 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 Patricia A. Stella [present], Manager, Stella LLC, d/b/a Centro, sound system for live music, outdoor acoustic music, July 18, 2013 thru October 16, 2013; [per city ordinance] Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 midnight, , sidewalk seating area at 24 Market Street. Sandy McNamara, Centralville Neighborhood Action Group, sound system for outdoor movie, public address, National Night Out at St. Louis School, Tuesday, August 6, 2013, 6:00 p.m. to 9:00 p.m., outdoor grounds of St. Louis School, 77 Boisvert St., Heidi Miller [present], representative. Taya Dixon Mullane [present], Lower Highlands Neighborhood Group, sound system for outdoor movie, public address, National Night Out at the Morey School, Tuesday, August 6, 2013, 4:00 p.m. to 10:00 p.m., outdoor grounds of Morey School, 114 Pine Street. James Dyment [present], Lowell Art Association, Inc., dba Whistler House Museum of Art, sound system for live band, wedding reception, Saturday, August 3, 2013, 5:00 p.m. to 11:00 p.m., Whistler Park, adj. to museum, on museum property at 243 Worthen St. Jerry Murphy [present], Kandon, Inc., Old Court, 29-31 Central Street, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 26, and Sat., July 27, 2013, 12:00 mid., Saturday, July 27, 2013, enclosed outdoor area on Middle St. @ corner of Central St. Penny K. Hamourgas [present], Worthen House Café, Inc., , 141 Worthen Street, sound system for band and/or disc jockey, for the Lowell Folk Festival, enclosed parking area at 152 Worthen St. on Friday and Saturday; alley only at 141 Worthen Street on Sunday. Kevin Hayhurst [present], Hayhurst Group Inc., d/b/a Finn's Pub, 76-86 Merrimack Street, sound system for disc jockey, for the Lowell Folk Festival, on Fri., July 26, Sat., July 27, and Sun., July 28, 2013, 10:00 p.m., Sunday, July 28, 2013, enclosed outdoor area in front of 76-86 Merrimack Street. Songul Curtis, d/b/a Eileen's Pizzeria and Grill, 127 Merrimack Street, enclosed outdoor area adjacent to 127 Merrimack Street, for the Lowell Folk Festival, on Fri., July 26, Sat., July 27, and Sun., July 28, 2013. Annie Vong [present] for Julie Kuy, Mambo Grill, Inc., d/b/a Mambo Grill, 129 Merrimack 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, and/or adjacent to 129 Merrimack St. Jeffrey Hernandez [present], sound system for public address system, car show in conjunction with the 33rd Annual Lowell Puerto Rican Cultural Festival, Saturday, August 3, 2013, 10:00 a.m. to 6:00 p.m., Brunswick Zone parking lot, 645 Pawtucket Blvd. Eric Sack [present], sound system for live music, public address, and disc jockey, Southeast Asian Water Festival, Saturday, August 17, 2013, 10:00 a.m. to 6:00 p.m., Heritage Sampas Pavilion, Pawtucket Blvd. Nick Petrakos [present] of Blue Shamrock, Inc., 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 adjacent to 105 Market Street. P ag e 4 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 Alan Kaplan [present] of The Middle Street Village, Inc., 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 92-98 Middle Street. Corey Belanger [present] of CB Enterprises, Inc., sound system for band and/or disc jockey, for the Lowell Folk Festival on Fri., July 26, and Sat., July 27, 2013, enclosed outdoor area at parking lot of 133 Market Street. Commissioner Akashian reminded the applicants for amplification permits that they should use “common sense” as to the sound level plus take notice of how near you are to a Folk Festival [music] venue; Commissioner Akashian noted that Mr. & Mrs. Curtis left the meeting, but asked that Mambo Grill [Annie Vong, present] and Eileen’s Pizzeria [Songul Curtis] work it out with respect to entertainment since the businesses are next door to one another. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve special event permits for amplification of sound. The Commission reviewed sidewalk stand permit applications from the following: Frankie Descoteaux, Humanity Lifestyles Inc, 128 Merrimack Street, for Lowell Folk Festival weekend, Annie Vong [present], representative; Mark Coddaire [present], d/b/a Marx Running & Fitness, 118 Merrimack Street, Seasonal April to October 2013; Greg Harding,, d/b/a Giovanni's, G & L Harding LLC, 134 Merrimack Street, for Lowell Folk Festival, Annie Vong, representative; Gilberto Rosada [present], d/b/a D & G All Star Lounge, DCGR, Inc., 177 Merrimack Street, for Lowell Folk Festival weekend; Kevin Hayhurst [present], d/b/a Finn's Pub, Hayhurst Group Inc., 76-86 Merrimack Street, for Lowell Folk Festival weekend; Patricia Collins, The Coffee Mill, 23 Palmer Street, for Lowell Folk Festival weekend; Ms. Collins was not present because of a business meeting previous scheduled; her representative it was reported to the Executive Secretary earlier in the day would not be able to attend the meeting. Robert Deignan [present], representative for Persona, 51 Market Street, for Lowell Folk Festival weekend; Robert Tinli, Godwin African Market & Tropical Food, 134 Merrimack Street, for Lowell Folk Festival weekend; the Executive Secretary stated that Mr. Tinli had been told his presence would be required, reason for his absence is unknown; Corey Belanger [present], Major's Pub, CB Enterprises, Inc., 197 Market Street, for Lowell Folk Festival weekend; Lydia Blanchard, Sweet Lydia's, 160 Merrimack Street, for Lowell Folk Festival weekend, Craig Thomas, representative [present]; The Commission reminded business owners to sell what is sold in the store. Motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve sidewalk stand permits. The Commission took no action on the following for Sidewalk Stand permits Jazmin Zuevas, d/b/a Rainbow Shop, 45 Merrimack Street, and Christopher Melville, Tabletop Arena, LLC, 103 Market Street. The Executive Secretary P ag e 5 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 stated neither Jazmin Zuevas nor Christopher Melville acknowledged an interest in a follow-up to the application filed or in response to filing application mailed as requested. The Commission opened the public hearing on the application by TreMonte Restaurant Group, LLC, Anthony Contarino, Manager, all alcoholic beverages Restaurant licensee, for premises at 44 Palmer Street, 112 Middle Street, for alteration of premises, with the addition of an sidewalk seating area on the west side, and north side of restaurant. Anthony Contarino was present. The Commission reviewed the affidavit for notification to abutters and churches; copy of postal slips and return receipts; items were ordered to be placed on file. Mr. Contarino stated that the sidewalk seating would encompass only the west side (Palmer Street); the public would enter sidewalk area through the restaurant. The Commission opened the hearing to public comment; there were no people to speak either in favor or against the application; the Commission closed that portion of the hearing. The Commission did not find that the sale and service of alcohol beverages in the sidewalk seating area would be detrimental to the religious activity of St. Anne’s Church, 8 Kirk St. or St. Joseph’s The Worker Shrine, 37 Lee St. The public hearing was declared closed; motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve sidewalk seating area on west side of restaurant, adjacent to Palmer St. The Commission opened the public hearing on 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. Atty. Karen D. Simao, legal counsel for Global Montello Group Corp., was present. She was accompanied by Dante Deliso and Scott McAfee, both employees of Global Montello. Atty. Simao explained the use of the brand name “Alltown;” the applicant has received requests from the public to purchase [alcohol beverages]; petitions were submitted with the signatures of over 93 individuals. Alltown is a mixed use business, [requesting license] for wine and malt beverages is one way to solidify [customers’ requests]. Commissioner Akashian stated that there is a licensee for wine and malt beverages across the street. Atty. Simao stated that the license is attached to a “butcher shop” . . . people who come in for gas will not go across the street . . . [it is] not uncommon to have more than one licensee in other areas [in addition to signatures, Atty. Simao submitted copy of store policy, and a map depicting store locations in Lowell and the radius of a store to other businesses in the same area]. Atty. Simao stated that training is on-going [for employees] with an emphasis on clusters of other stores . . . [customers] meet criteria for sale. Atty. Simao stated that the use, format serves as a convenience. Commissioner Krieger asked if corporate executive and proposed new manager are present. Atty. Simao introduced Dante Deliso as a corporate officer and Scott McAfee as the proposed manager of record for Global Montello Group Corp. The Commission opened the hearing for public comment. Commissioner Akashian asked if anyone wished to speak in favor of the application; there were no respondents; that portion of the hearing was closed. Commissioner Akashian asked if anyone wished to speak in opposition of the application; there were no respondents; that portion of the hearing was closed. P ag e 6 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 Commissioner Akashian commented that [Atty. Simao] presentation was excellent . . . my only concern [because] of other gas stations regarding compliance checks have been stung many times . . . kids buying candy, [the Lowell area] is a college town. The hearing was declared closed by the Commission. The Commission determined that the applicant properly notified abutters in accordance with section 15A of chapter 138 of Massachusetts General Laws; affidavit attesting to sent notices was ordered to be placed on file. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to grant a malt beverages and wines only Package Store license to Global Montello Group Corp., d/b/a Alltown-Lowell, for premises at 980 Chelmsford Street, 3,192 square foot convenience store, for the calendar year to expire December 31, 2013. The Commission voted to approve Scott B. McAfee as manager of record for Global Montello Group Corp. The Commission opened the public hearing on 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. Alan Kaplan and Atty. Adam Barnosky, legal counsel for The Middle Street Village, Inc., were present. Atty. Barnosky stated that one of the three original partners, Denis Cronin, has resigned, and that there are no new shareholders. Commissioner Akashian stated there is a concern about another matter to do with a complaint [filed by the Lowell Superintendent of Police] which the licensee is without legal representation. Atty. Barnosky stated that Mr. Allen [Atty. Robert Allen] is not able to appear for complaint; my thoughts not fair that [application] minor transaction. Commissioner Krieger stated he understands why one legal representation but not for another matter. Asst. Solicitor Regan stated it is up to the Commission. Commissioner Akashian stated that he is very disappointed. Atty. Barnosky stated the other matter is more complicated. Commissioner Krieger asked about the absence of Mr. Allen. Atty. Barnosky stated Mr. Allen had an unavoidable conflict. The Commission ordered the public hearing closed; on a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the application by The Middle Street Village, Inc. for change of officer, director, and transfer of stock. The Commission opened the public hearing on 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. Atty. Larry Beane from the law offices Nicosia & Associates, Tyngsboro, MA, was present to represent Bhumi Liquors, Inc. Atty. Beane stated that it is a straight transfer; certificates of good standing have been submitted. Atty. Beane introduced Vimalkumar Patel, Ila Bhagat and Dhananjay Patel as the principal applicants of the corporation [Bhumi]. Atty. Beane stated the license applicants understand [the license] is a privilege. Commissioner Akashian asked if anyone present wished to speak in favor of the application; there was no one who wished to speak in favor, that portion of the hearing was closed. Commissioner Akashian asked if anyone wished to speak in opposition; there was no one to do so, that portion of the hearing was closed. Commissioner Akashian stated that Pacific Liquors has done a great job; expressed concern that the [new] ownership have strict policy; an excellent presentation. On a motion by Commissioner Akashian, P ag e 7 of 7 Lo we l l L ic e ns e C om m is s i on m eet i n g J u l y 18 , 2 0 13 second by Commissioner Krieger, it was voted to approve the transfer of the all alcoholic beverages Package Goods Store license from Sarcinshe, Inc., dba Pacific Liquors, for premises at 421 Central Street, to Bhumi Liquors, Inc. The Commission voted to approve Ila Bhagat as manager of record for Bhumi Liquors, Inc. The Commission, after a discussion with Captain Webb, voted to re-schedule hearings for August 8, 2013 on the following: 1) 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 alc. bev. Package Store, for failure in compliance check conducted by Lowell Police Special Investigations, a violation of chapter 138, section 34, MGL.; Request for continuance of hearing for L & S Liquors, Inc. per City of Lowell Law Department July 15, 2013 due to matter of available police officers, and to maximize presence of officers in scheduling for other business before License Commission; 2) Allegations of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against The Middle Street Village, Inc., d/b/a 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); Letter of request for continuance received July 15, 2013 regarding hearing for The Middle Street Village, Inc. from Robert L. Allen, Jr., Law Office of Robert L. Allen Jr., LLP, of Brookline, MA. The Commission voted to schedule a hearing for August 22, 2013 on the allegations of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, dated June 18, 2013, against Hayhurst Group, Inc., dba Finn’s Pub, 76-86 Merrimack St., Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee. The Commission reviewed the special one-day license applications for wines only by Michael F. Dailey Jr. [present] of UnchARTed Gallery, 66 Merrimack Street, Art Opening "The Dark Room II", Friday, July 26, 2013, 6:00 p.m. to 12:00 midnight; Saturday, July 27, 2013, 2:00 p.m. to 12:00 midnight. Commissioner Akashian asked Mr. Dailey if he’s had alcohol beverages in the past at 66 Merrimack St. Mr. Dailey; Mr. Dailey stated he had but without a license. In response to additional questions from the Commission, Mr. Dailey stated that the Gallery typically is open to midnight; the Gallery has been open since February 2012, and has C.O.O.L [Cultural Organization of Lowell] endorsement. Wine is not to be sold, there will be limited service. Mr. Dailey stated that he did not want to over-serve. On a question from Commissioner Akashian about wine galleries, Mr. Dailey stated he is trying to be like other gallery openings, trying to raise money . . . Commissioner Krieger questioned Mr. Dailey about the multi- person show, twelve (12) people showing [exhibits]. Commissioner Akashian reminded Mr. Dailey that it will be Folk Festival weekend, not to allow [over-service]; Mr. Dailey stated his intent not to [over-serve]. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission voted to grant special one-day wine only licenses to Michael Dailey for July 26 and July 27, 2013 for premises at 66 Merrimack St. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:45 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].