License Commission

Minutes for the Lowell License Commission meeting, Thursday, September 26, 2013 at 6:35 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Brian Akashian, Commissioner (Chairman), Cliff Krieger, Commissioner, John Descoteaux, Commissioner, Captain Jack Webb of the Lowell police The Commission reviewed the minutes for September 12, 2013; motion by Commissioner Akashian to approve, second by Commissioner Krieger, so voted. The Commission reviewed the special one-day license application for wines only from Barbara L. Gagel [present] of Ayer Loft Art Gallery, 172 Middle Street, Art Opening - Ayer Loft Art Gallery, Friday, October 11, 2013, 5:00 p.m. to 8:00 p.m. Ms. Gagel stated that Ted Lavash is the President of the committee. Motion by Commissioner Descoteaux, second by Commissioner Krieger, to approve wines only license for Barbara Gagel, so voted. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one by Christine Cheuk-Trainor [present] of Aramark, for events at Lowell Memorial Auditorium, 50 East Merrimack St., Volbeat Concert, Friday, September 27, 2013, 5:30 p.m. to 11:30 p.m.; and UML Military Veterans Legacy Ball and Veterans Alumni Hall of Fame Induction, Saturday, October 12, 2013, 5:30 p.m. to 11:30 p.m. Motion by Commissioner Krieger, second by Commissioner Descoteaux, to approve malt beverages & wines only licenses for Christine Cheuk-Trainor of Aramark, so voted. The Commission reviewed the special one-day license applications for all alcoholic beverages by Fernando Sousa [present] of Holy Ghost Society for events at Holy Ghost Park, 65 Village St. The applications are for the following events: ⋅ Wedding reception, Saturday, October 5, 2013, 3:00 p.m. to 1:30 a.m. ⋅ Madeira Night, Saturday, October 12, 2013, 5:00 p.m. to 1:30 a.m. ⋅ Melo wedding shower, Saturday, October 19, 2013, 4:00 p.m. to 1:30 a.m. ⋅ Graciosa gala, Saturday, October 26, 2013, 4:00 p.m. to 1:30 a.m. ⋅ Holy Ghost 90th Anniversary Gala, Saturday, November 2, 2013, 4:00 p.m. to 1:30 a.m. ⋅ Melo fundraiser night, Saturday, November 16, 2013, 5:00 p.m. to 1:30 a.m. ⋅ Brazilian Night, Saturday, November 23, 2013, 8:00 p.m. to 1:30 a.m. ⋅ Graciosa fundraiser, Saturday, December 7, 2013, 5:00 p.m. to 1:30 a.m. ⋅ Holy Ghost New Year's Eve, Tuesday, December 31, 2013, 5:00 p.m. to 1:30 a.m. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, to approve all alcoholic beverages licenses for Fernando Sousa of Holy Ghost Society, so voted. Communication from Fernando Sousa of Holy Ghost Society dated 9/17/2013 was reviewed and placed on file regarding an unexpected cancelation of license issued for September 21, 2013. The Commission reviewed the application for special event permit for amplification of sound by Sharon DuBois [present], representative of the Merrimack River Watershed Council, for special events permit for sound system for band at the event Merrifest, to be held Saturday, October 26, 2013 from 10:00 a.m. to 5:00 p.m. at the Sampas Pavilion, 500 Pawtucket Blvd. Commissioner Akashian cautioned about the volume of sound; he noted the event hours are reasonable. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, to approve the special events permit for Sharon DuBois of the Merrimack River Watershed Council, so voted. The Commission reviewed the application by Commonwealth Auto Sales & Repair Corp, Davi L. Borba [present], President, for used car Dealer license, Class II, premises at 639 Rogers Street. The licensee of record for 2013: Middlesex Auto Sales, Corp., Valdir L. Borba, President, 639 Rogers Street, license # 739-B, premises - an open lot approx. 70 feet by 125 feet with office trailer 12 ft. by 40 ft.; maximum number of motor vehicles for sale/storage is 15; no junk motor vehicles or parts thereof. The matter of the application is continued from September 12, 2013. Commissioner Akashian stated that the address 639 Rogers is not correct; that the property is 645 Rogers St., Lot B. Commissioner Akashian made the motion to approve the license for Commonwealth Auto Sales & Repair Corp. on condition that the original lease between JEG Realty Trust and Richard Daggett be amended to 645 Rogers St., Lot B; that the sub-lease from Richard Daggett to Commonwealth Auto be amended to 645 Rogers St., Lot B. There is no License Commission minutes September 26, 2013 page 1 of 2 other issue. Commissioner Krieger stated that he has counted the number of cars, there are only 15; Commissioner Krieger seconds the motion by Commissioner Akashian. The Commission voted unanimously to grant license to Commonwealth Auto Sales & Repair Corp, Davi L. Borba, President, subject to change in address to 645 Rogers St., Lot B. Commissioner Akashian recused from meeting at 6:45 p.m. Commissioner Krieger and Commissioner Descoteaux review communications from Deborah Friedl, Interim Superintendent of Police, reviewed May 23, 2013; hearing dates to be determined for 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: Date of compliance check: April 11, 2013 D & Y Corp., dba Jerry’s Food Store #2, 207 University Ave., Bhupendra Patel, Manager L & M Liquors, Inc., 424 Chelmsford St., Leonia M. Mendonca, Manager Date of compliance check: May 2, 2013 Khompong Thom Market, Inc., dba Appleton Liquors, 171 Appleton St., Chheang Tell, Manager D & Y Corp., dba Jerry’s Food Store #2, 207 University Ave., Bhupendra Patel, Manager Motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to schedule hearings for Thursday, October 10, 2013 at 6:30 p.m., Council Chamber. Commissioner Akashian returned to meeting at 6:48 p.m. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 6:50 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes September 26, 2013 page 2 of 2