License Commission

Minutes for the Lowell License Commission meeting, Thursday, October 24, 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, John Descoteaux, Commissioner, Captain Jack Webb of the Lowell police department, Elliott Veloso, Asst. Solicitor The Commission reviewed the minutes for meeting October 10, 2013; motion by Commissioner Descoteaux to approve, second by Commissioner Akashian, vote – ayes Commissioner Descoteaux, Commissioner Akashian; no Commissioner Krieger. Commissioner Krieger stated he objected to the title ‘Interim Superintendent’ as recorded in said minutes. Motion by Commissioner Akashian, second by Commissioner Descoteaux to ratify the issuance by the Executive Secretary of a special one-day license on October 16, 2013 for all alcoholic beverages to Jennifer Smith Sharkey of House of Hope, Inc. for the Harvest of Hope Benefit at the American Textile History Museum, 491 Dutton St., for Thursday, October 24, 2013 from 5:30 p.m. to 8:00 p.m., so voted. The Commission reviewed the special one-day license application for all alcoholic beverages by Frederick Smith of SmithFest Foundation for Haunted Run/Halloween Party at the Lowell Memorial Auditorium, 50 East Merrimack St., for Saturday, November 2, 2013 from 4:00 p.m. to 12:00 midnight. Mr. Smith was present. Mr. Smith stated when asked by Commissioner Akashian that there have been seven (7) events held by the SmithFest Foundation. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the license application by Frederick Smith of SmithFest Foundation. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one filed. Marc Clermont of The Miracle Providers Northeast Inc., for charity fundraiser at 122 Western Ave., for the following dates: Friday, November 8, 2013 from 7:00 p.m. to 11:00 p.m.; Saturday, November 9, 2013 from 7:00 p.m. to 11:00 p.m.; and Sunday, November 10, 2013 from 1:00 p.m. to 4:00 p.m. Marc Clermont was present. William Fuller of The Bartending Service of New England, LLC, for concert at Lowell Memorial Auditorium, 50 East Merrimack St., Saturday, November 16, 2013 from 6:00 p.m. to 11:00 p.m. Nicole Phillips, as representative for Mr. Fuller, was present. Commissioner Akashian reminded each applicant of the responsibility when their name is on their license; each person is in complete control of the license. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to approve the license applications of Marc Clermont of The Miracle Providers Northeast Inc., and license application of William Fuller of The bartending Service of New England, LLC. License Commission minutes for October 24, 2013 page The Commission reviewed the special events permit applications for amplified outdoor public entertainment. Frederick Smith of SmithFest Foundation for Haunted Run/Halloween Party, outdoor area adjacent to Lowell Memorial Auditorium, Sat., November 2, 2013 from 4:00 p.m. to 9:30 p.m., for amplification of “haunted music/ambient background sounds.” Frederick Smith of SmithFest Foundation for Haunted Run/Halloween Party, Shedd Park, Sat., November 2, 2013 from 5:00 p.m. to 9:30 p.m., “[for public address] system at finish line, and haunted sounds and scenes throughout the course.” Commissioner Akashian questioned Mr. Smith about amplification for previous events. Mr. Smith stated this is the first time he has applied for the sound amplification permit. Mr. Smith was told by Commissioner Akashian that it is a common sense license; no blasting of sound [effects]. Commissioner Descoteaux made the motion to approve the license applications for sound amplifications permits for Frederick Smith of SmithFest Foundation, second by Commissioner Krieger, so voted. Manuel P. Cavaleiro, Manager of MC Restaurants, Inc., dba Cavaleiro’s Restaurant, 573 Lawrence St., appeared before the Commission to address an issue brought to the attention of the License Commission office regarding the fire alarm system at the restaurant. Deputy Chief Mark McGuane of the Lowell Fire Prevention Office was present. Commissioner Akashian questioned Mr. Cavaleiro about the number of years he has owned and managed the restaurant. Mr. Cavaleiro stated it has been nine years. The Commission pursued discussion about the fire alarm system, and that the activation of the alarm is to be addressed by the fire alarm company in order that timely corrections can be made. Deputy Fire Chief McGuane stated that there have been issues with management shutting down the system prior to the fire company being allowed to determine the cause, and to make the necessary correction. Deputy Chief McGuane and Asst. Solicitor Veloso made the point of compliance with applicable city ordinance, state regulations, and statute. Mr. Cavaleiro did acknowledge having shut the system down because of the [nuisance] of the alarm sound; at no time has he refused entry of fire company representatives. The Commission concluded discussion with the recommendation to Mr. Cavaleiro that he adhere to the procedure of allowing the fire company to address the activation of the alarm. The Commission reviewed the application by SALT, Inc., business name Tedeschi Food Shops, Inc., Alan R. Marcotte, President, 970 Gorham Street, for malt beverages & wines only Package Store license. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to hold a public hearing on the application for Thursday, November 21, 2013 at 6:30 p.m. in the Council Chamber; to authorize the publication of the legal notice in the local newspaper for November 8, 2013. The applicant is required to follow procedure for License Commission minutes for October 24, 2013 page sending a true copy of the notification to abutters, and church, school, hospital in accordance with c. 138, s. 15A, MGL. Commissioner Krieger stated that used car lot at 639 Rogers Street is in compliance upon a recent inspection; the number of cars did not exceed fifteen (15) which is the maximum allowed. The Commission discussed appropriate series of steps for dealing with excess vehicles on used car sales lots. It was agreed that the License Commission office provide a list of licensees with the condition of a set number of vehicles to the Office of Development Services for compliance with the zoning ordinance. Upon review of the communications from Deborah Friedl, Interim Superintendent of Police, regarding allegations of misconduct against the following licensees: Amal Fuel, Inc., dba Drum Hill Gulf, 1299 Westford St., Richard Elkhoury, Manager Camila, LLC, dba Reservations, 179 Central St., Jorge A. Torres, Manager Number Two China Star, LLC, 1733 Middlesex St., Ken F. Jee, Manager It was voted to set the date for each hearing for Thursday, November 7, 2013 at 6:30 p.m.; hearings to be held in the Council Chamber. Each licensee is to be sent notice of hearing by certified mail, return receipt request. Commissioner Akashian recused at 7:00 p.m. from sitting on the hearing on the allegation as charged by Deborah Friedl, Interim Superintendent of Police, for Khompong Thom Market, Inc., dba Appleton Liquors, 171 Appleton St., Chheang Tell, Manager, the package store licensee alleged to have failed compliance check conducted by Lowell Police Special Investigations on May 2, 2013. Detective Richard Desilet of the Lowell Police Special Investigations was present. Captain Webb read the Superintendent’s letter, dated May 7, 2013, which is a summary of the police report dated 5-2-2013. Commissioner Krieger asked Mr. Tell if he accepted the charge. Mr. Tell stated he did, and that he apologized for the incident. Mr. Tell stated that in previous checks conducted by the Lowell Police, he had received letter of acknowledgement from the Superintendent of Police of having been in compliance. Commissioner Krieger asked about the use of an I.D. checking machine. Commissioner Descoteaux asked if Mr. Huoth works in the store; Mr. Tell stated that [Huoth] is not working there. The Commission advised Mr. Tell to maintain the practice of checking a customer’s I.D., if the person appears to be under 30 years of age. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to suspend for one (1) day the all alcoholic beverages Package Goods Store license granted and issued to Khompong Thom Market, Inc., dba Appleton Liquors, premises at 171 Appleton St., furthermore, to hold the one (1) day suspension in abeyance. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 7:05 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for October 24, 2013 page