License Commission

Minutes for the Lowell License Commission meeting, Thursday, August 8, 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 Commissioner Akashian made the motion to approve minutes for the regular meeting July 18, 2013, second Commissioner Krieger, so voted. The Commission reviewed communications from City Manager Bernard Lynch regarding alcohol beverages license for the Lowell Memorial Auditorium; that the alcohol beverages concessionaire Backstage Concessions, Inc. contract with the City of Lowell has expired; that the City, through the management company Global Spectrum, has engaged the services of a food and beverages concessionaire for scheduled events pending a final selection of vendor to replace Backstage Concessions, Inc. Commissioner Akashian made the motion to place said communications on file, second by Commissioner Krieger, so voted. The Commission reviewed for ratification as surrendered for cancellation the all alcoholic beverages Restaurant license granted and issued for 2013 to Backstage Concessions, Inc., Thomas F. McKay, Manager, premises at Lowell Memorial Auditorium, 50 East Merrimack St. Mr. McKay of Backstage Concessions filed notice via electronic mail to the License Commission Executive Secretary on August 6, 2013 the surrender of said license. Commissioner Akashian made the motion to ratify as surrendered for cancellation said license by Backstage Concessions, Inc., second by Commissioner Krieger, so voted. The Commission reviewed and ratified for cancellation the following licenses granted July 18, 2013 but not issued: Special one-day license application for malt beverages & wines only, or either one to Songul Curtis, d/b/a Eileen's Pizzeria and Grill, enclosed outdoor area adjacent to 127 Merrimack Street, Lowell Folk Festival 2013, Friday, July 26, 2013, Saturday, July 27, 2013, and Sunday, July 28, 2013; Sidewalk Stand permits to Robert Deignan, representative for Persona, 51 Market Street, for Lowell Folk Festival weekend, and to Robert Tinli, Godwin African Market & Tropical Food, 134 Merrimack Street, for Lowell Folk Festival weekend. The Commission reviewed the special one-day license applications for wines only by Michael F. Dailey Jr. [present] of UnchARTed Gallery, 66 Merrimack St., An Art Opening "Launderama", Friday, August 16, 2013, 4:00 p.m. to 9:00 p.m.; Michael F. Dailey Jr. of UnchARTed Gallery, 66 Merrimack St., An Art Opening "Launderama", Saturday, August 17, 2013, 4:00 p.m. to 12:00 midnight; and Michael F. Dailey Jr. of UnchARTed Gallery, 66 Merrimack St., closing reception "Launderama", Friday, August 23, 2013, 4:00 p.m. to 12:00 midnight. Commissioner Akashian asked Mr. Dailey about the experience he had with the events licensed during the recent Folk Festival weekend; Mr. Dailey acknowledged that it was a favorable experience. Mr. Dailey stated that he received his alcohol beverages from Atlantic [Distributors]. License Commission minutes for August 8, 2013 1 of 6 The Commission reviewed the application of Alan Nidle [present] of Zeitgeist Gallery, 167 Market St., art opening, Saturday, August 10, 2013, 6:30 p.m. to 9:30 p.m. Captain Webb stated that Lowell police did confiscate the alcohol beverages at the event for which Mr. Nidle was licensed on [July 13, 2013] when it was discovered that the alcohol had been purchased from a package store. Mr. Nidle had stated that the alcohol beverages were acquired by an acquaintance, from where he did not know. Commissioner Krieger made the motion that Mr. Nidle submits a receipt of purchase from a distributor to the License Commission within seven (7) days from the time the purchase is made for an event which he has been granted a special one-day wine license, second by Commissioner Akashian, so voted. Motion by Commissioner Krieger, second Commissioner Akashian, it was voted to grant special one-day licenses for wines only to Michael F. Dailey Jr. of UnchARTed Gallery, 66 Merrimack St., and license for wines only to Alan Nidle of Zeitgeist Gallery, 167 Market St. The Commission reviewed the special one-day license applications for all alcoholic beverages from the following individuals: Richard L. Boisvert, Sr. [present] of Lowell Lodge of Elks #87, Lowell Lodge of Elks grounds at 40 Old Ferry Rd., for a fundraiser, Saturday, August 24, 2013, 12:00 noon to 5:00 p.m.; Walter Bettencourt [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village Street for the Andrade wedding reception, Saturday, August 17, 2013, 5:00 p.m. to 1:30 a.m., and the Borba wedding reception, Saturday, August 24, 2013, 4:00 p.m. to 2:00 a.m. Fernando Sousa [present] of the Holy Ghost Society, Holy Ghost Park, 65 Village Street for the Loreto Feast, Saturday, August 31, 2013, 4:00 p.m. to 1:30 a.m.; Sunday, September 1, 2013, 1:00 p.m. to 1:00 a.m.; Monday, September 2, 2013, 12:00 noon to 12:00 midnight Fernando Sousa of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Cadime Sweet 16th, Friday, September 6, 2013, 6:00 p.m. to 1:30 a.m. Fernando Sousa of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, P.Y.O., Saturday, September 7, 2013, 12:00 noon to 10:30 p.m. Fernando Sousa of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Melo wedding reception, Saturday, September 14, 2013, 4:00 p.m. to 1:30 a.m. Fernando Sousa of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Holy Ghost Noite A Portuguesa, Saturday, September 21, 2013, 4:00 p.m. to 2:00 a.m. Fernando Sousa of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, S. Jorge Gala, Saturday, September 28, 2013, 5:00 p.m. to 2:00 a.m. Commissioner Akashian announced that the events for which there is a 2:00 a.m. closing should be rolled-back to 1:30 a.m. Commissioner Krieger agreed. Commissioner Krieger asked Fernando Sousa about the Cadime Sweet 16th event for September 6, 2013. Mr. Sousa stated that it is an event for adults. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to grant special one-day licenses for all alcoholic beverages to Richard L. Boisvert, Sr., of Lowell Lodge of Elks #87, Walter Bettencourt of Holy Ghost Society, and Fernando Sousa of Holy Ghost Society; furthermore that licenses for events at Holy Ghost Park amended as follows for August 24, 2013 from License Commission minutes for August 8, 2013 2 of 6 4:00 p.m. to 1:30 a.m., September 21, 2013 from 4:00 p.m. to 1:30 a.m., and September 28, 2013 from 5:00 p.m. to 1:30 a.m. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one by William Fuller, Manager, The Bartending Service of New England, Inc., for two events at Lowell Memorial Auditorium, 50 East Merrimack St., a concert, Sunday, August 18, 2013, 6:00 p.m. to 11:00 p.m., and a comedy show, Wednesday, September 4, 2013, 6:00 p.m. to 11:00 p.m. Nicole Phillips was present to represent William Fuller. Ms. Phillips in response to a question from Commissioner Krieger stated she is an employee of The Bartending Service of New England. Bernard Nkwantah [present] of Cameroon Social Club for Friday, August 30, 2013 from 5 p.m. to 12 midnight, and Saturday, August 31, 2013 from 5 p.m. to 12 midnight; the event is an anniversary to be held at the Hellenic Cultural Center, 41 Broadway John A. Flynn [absent] of Dean & Flynn Inc., dba Fiesta Shows for Friday, September 6, 2013 from 6 p.m. to 10:30 p.m., Saturday, September 7, 2013 from 1 p.m. to 10:30 p.m., and Sunday, September 8, 2013 from 1 p.m. to 10:30 p.m.; the event is a carnival/Oktoberfest to be held at Welcome/Fiesta Field, 351-501 Pawtucket Blvd. David C. Cobb [present] of Outback Steakhouse of Florida, LLC for Monday, August 26, 2013 from 5 p.m. to 9 p.m.; the event is a fundraiser for One Fund Boston to be held at the parking lot at 28 Reiss Avenue. Richard L. Boisvert, Sr. [present] of Lowell Lodge of Elks #87, for a fundraiser, Saturday, September 7, 2013, from 12:00 noon to 4:00 p.m. at the Lowell Lodge of Elks grounds @ 40 Old Ferry Rd. Commissioner Akashian stated that the responsibility for each person whose name is on the special one-day license for alcohol beverages. The Commission on a motion by Commissioner Akashian, second by Commissioner Krieger, voted to approve applications by William Fuller, Bernard Nkwantah, David C. Cobb, and Robert L. Boisvert, Sr. Due to the absence of John Flynn, the Commission continued the matter of his applications to next meeting on August 22, 2013. The Commission reviewed the applications for special event permit for amplification of sound from Geraldo DaSilva [present], Pastor, of 1st Praise Lowell, 547 Central St., for Saturday, August 17, 2013 from 6 p.m. to 10 p.m., parking lot at 547 Central Street, band to perform; from John Vitorino [present], Portuguese American Civic League of Lowell, 512 Central Street, four piece band, Portuguese Day, Saturday, August 17, 2013, 1:00 p.m. to 7:00 p.m., esplanade at club; from Fernando Sousa [present] of the Holy Ghost Society, sound system for band, disc jockey, Loreto Feast, Saturday, August 31, 2013, 4:00 p.m. to 11:00 p.m., Sunday, September 1, 2013, 1:00 p.m. to 10:00 p.m., and Monday, September 2, 2013, 12:00 noon to 10:00 p.m., outdoor grounds of Holy Ghost Park, 65 Village St., and Fernando Sousa of the Holy Ghost Society, sound system for band, disc jockey, P.Y.O., Saturday, September 7, 2013, 12:00 noon to 10:30 p.m., outdoor grounds of Holy Ghost Park, 65 Village St. Commissioner Akashian reminded Fernando Sousa that Monday night of Labor Day is a “school night” so that evening amplification should be kept to a minimum. Commissioner Akashian made the motion to approve special event permits for amplification for Geraldo DaSilva, John Vitorino, and Fernando Sousa License Commission minutes for August 8, 2013 3 of 6 The Commission continued the matter of the application for Public Amusement for Carnival by Dean & Flynn Inc., dba Fiesta Shows of Seabrook, NH, John A. Flynn [absent], representative, to August 22, 2013. Fiesta Shows Carnival is scheduled to be held at Welcome/Fiesta Field, 351-501 Pawtucket Blvd., for Friday, September 6, and Saturday, September 7, 2013. The Commission reviewed the application for change of manager by Club Lafayette, Inc., all alcoholic beverages Club licensee for premises at 465 Fletcher Street; proposed new manager is Jean M. Kane of Exeter, NH. Jean Kane was present. The Commission questioned Ms. Kane about her experience. Ms. Kane stated she has 33 years of experience, had been previously employed with a licensed establishment for five years; there have been no issues [with her employment as a server of alcohol beverages]. She stated she would work forty (40) hours a week; there will be nine (9) bartenders, give or take, and the club has 170 members plus [associate members]. Commissioner Akashian reminded Ms. Kane that Robin King is still the manager of record. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission voted to approve Jean M. Kane as manager of record for Club Lafayette, Inc. A.B.C.C. approval for change of manager application is required. The Commission reviewed the application for change of manager by Portuguese American Civic League of Lowell, all alcoholic beverages Club licensee for premises at 512 Central Street; proposed new manager is Manuel Silva of Lowell. Manuel Silva and John Vitorino, current manager, were present. Mr. Silva stated to the Commission that he has been a member of the Portuguese American Civic League for 35 years, and has 10 years experience as a [bartender]. Mr. Silva stated that there have been no issues in his ten years of experience; he stated that he expects to work 48 hours per week, and to closing on Friday and Saturday nights. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission voted to approve Manuel Silva as manager of record for Portuguese American Civic League of Lowell. A.B.C.C. approval for change of manager application is required. Ms. Shirley Blanchard of 8 Wamesit Ct., Lowell, and Donald Sterling appeared before the License Commission to address the licensing board about the subject of Ms. Blanchard’s letter to the Executive Secretary dated July 22, 2013 on the matter of the business activities at 705 Dutton St. Ms. Blanchard stated to the Commission the unlivable problem(s), the nightmare as a result of Kazanjian associates and employees; there is the licensing issue about reasonable hours of operation. Ms. Blanchard stated that she had not been notified of a public hearing for the dumpster permit. The Commission informed Ms. Blanchard that the Health Department and/or Board of Health address the matter of dumpster permit applications. Ms. Blanchard stated that there is the use of a scale, and that she had been told it would be reasonable hours of operation, but the business operates 24/7. Commissioner Krieger questioned Mr. Sterling about contacting the police department; Mr. Sterling stated that the police directed him to the License Commission. A discussion between Commissioner Akashian and Mr. Sterling about the towing contract took place in which Mr. Sterling was told the towing business is not the License Commission jurisdiction. Commissioner Akashian asked if there is junk stored on the property; Mr. Sterling stated no; asked if junk is stored at 705 Dutton St. Mr. Sterling License Commission minutes for August 8, 2013 4 of 6 stated yes. The Commission received approximately fifty (50) pictures submitted by Ms. Blanchard and Mr. Sterling for the Commission to review; all pictures were returned to Ms. Blanchard and Mr. Sterling. Discussion between the Commission and Ms. Blanchard, Mr. Sterling on blocked driveway, the length of time, the weighing of vehicles before and after emptying. Commissioner Krieger asked question on the vehicles parked, blocking driveway. Commissioner Akashian asked question of preference for parking. Ms. Blanchard spoke of selling (her) property to Kazanjian and of offers. Commissioner Akashian stated [the licensee] is conducting business on the property; there is no violation of this [Junk] license. Commissioner Krieger discussed with Ms. Blanchard, Mr. Sterling the matter of a photograph. Commissioner Akashian asked if the Wamesit Court is a [public way]; Ms. Blanchard stated it is a private way, acknowledging that the City takes care of it; Commissioner Akashian asked the full length of the way and width; the Commission reviewed a copy of the deed presented by Mr. Sterling. Commissioner Krieger asked if business of vehicle is done on the street. Commissioner Akashian stated that the [License Commission] can send letter to Mr. Kazanjian not to block driveway, and to remind of the 24 hours condition. There was discussion having Eric Slagle, Director of Development Services, review the level of business activity and whether or not it is reasonable. Commissioner Akashian made the motion to send information to [Kazanjian] about restriction on the license. Commissioner Krieger asked if there is building on the street; Mr. Sterling stated not notified of anything. Commissioner Krieger asked if you have talked to the people on the other end of Wamesit Court. Ms. Blanchard cites Maureen Morrisette . . . Mr. Sterling stated Kazanjian owns property on the street. Commissioner Krieger made the motion to that Executive Secretary request of agencies involved of a report of any issues that exist about the activities of Kazanjian Used Parts, Inc. at 705 Dutton St. and 651 Dutton St.; that the Commission follow-up on the report[s] September 12, 2013 at a regular meeting. Commissioner Krieger stated we are limited . . . see if we can take action. Commissioner Akashian stated he would withdraw his motion [letter to Kazanjian], and will second motion by Commissioner Krieger, so voted. The Commission voted to ratify on a motion by Commissioner Akashian, second Commissioner Krieger, after the Executive Secretary announced that inadvertently the following item was not listed on the agenda of August 8, 2013 for the License Commission’s ratification: the change in date for hearings originally scheduled for August 8, 2013 on a vote of the Commission July 18, 2013 to the date of August 22, 2013: 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; 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). On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:50 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for August 8, 2013 5 of 6 License Commission minutes for August 8, 2013 6 of 6