License Commission

Minutes for the Lowell License Commission meeting, Thursday, November 7, 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, Elliott Veloso, Asst. Solicitor, Lt. Frank Rouine of the Lowell Police Dept. The Commission reviewed the minutes for meeting October 24, 2013; motion by Commissioner Akashian to approve, second by Commissioner Descoteaux, so voted. The Commission acknowledged as received the request of William Fuller, Manager, The Bartending Service of New England, LLC, dated 11-5-13, the cancellation of the license granted October 24, 2013: Special one-day license for malt beverages & wines only, or either one, to William Fuller of The Bartending Service of New England, LLC, for concert at Lowell Memorial Auditorium, 50 East Merrimack St. for Saturday, November 16, 2013 from 6:00 p.m. to 11:00 p.m. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to cancel said license. The Commission, on a motion by Commissioner Krieger, second by Commissioner Descoteaux, voted to ratify the issuance of a special one-day license for malt beverages & wines only, or either one, to Michael J. Lenzi for Sunday, November 3, 2013, 1:00 p.m. to 5:00 p.m. The event Irish Tenor Ronan Tynan at the Lowell Memorial Auditorium, 50 East Merrimack St. [license # 142SP2013, issued 10-31-13] The Commission reviewed the special one-day license application for wines only by Steve Syverson, President, Arts League of Lowell, for Saturday, December 14, 2013 from 6:00 p.m. to 10:00 p.m. The event is an Artists reception – Members’ Holiday Show at 307 Market St. Mr. Syverson was present. Commissioner Akashian asked the number of times Mr. Syverson has filed and been granted licenses; Mr. Syverson stated five (5) times; there have been no issues. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission voted to approve license for Steve Syverson for the event of December 14, 2013. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one by Christine Cheuk-Trainor of Aramark for the following events: Friday, November 15, 2013 from 5:30 p.m. to 7:30 p.m.; the event is the UML Gender Studies Faculty Reception to be held at Allen House, 2 Solomont Way, UML South campus; Thursday, November 21, 2013 from 5:30 p.m. to 9:30 p.m.; the event is the UML Mechanical Engineering Reception to be held at the UML Emerging & Innovation Center, 40 University Ave. Ms. Christine Cheuk-Trainor was present. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission voted to approve licenses for Christine Cheuk-Trainor events of November 15, and for November 21, 2013. The Commission opened the hearing on the allegations of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Number Two China Star, LLC, 1733 Middlesex St., Ken F. Jee, Manager, all alcoholic beverages restaurant, for sale of alcohol beverage to person under 21 years of age, MGL 138, sec. 34; License Commission minutes for November 7, 2013 Page 1 of 4 failure to display ABCC posters stating summary of law, MGL 138, sec. 34A; failure to display ABCC posters of penalties for driving under the influence. The allegations are as a result of compliance check conducted by Lowell Police Special Investigations Section on September 27, 2013. The following individuals were present: Ken J. Jee, manager of record for Number Two China Star, Johnny Le, and Atty. John F. Cox, legal counsel for Number Two China Star. Lowell Police Detectives Christal Downs and William Callahan were present. Atty. Cox waived the reading of the police report. Commissioner Akashian requested Lt. Rouine read the summary of the incident from Interim Superintendent Friedl. Atty. Cox stated that there had been no previous incident; the restaurant is managed and owned by Johnny Le; he also owns a take-out restaurant on Broadway [Street] in Lowell. Employees are T.I.P.S. certified. The employee who was involved with the incident of serving a bottle of beer without asking for identification has been let go. Atty. Cox stated that he feels confident that the incident, an isolated one, will not happen again. Mr. Le is sorry for the incident. A.B.C.C. signs have been ordered, and will be put in a [conspicuous] place at the restaurant, Atty. Cox stated. Commissioner Akashian requested Messrs. Jee and Le approach the podium. Commissioner Akashian stated that the City of Lowell is a college town; the reason for the compliance check is to keep you in check, not to offer service of alcohol beverages to underage patrons. Commissioner Akashian acknowledged that there have been no other issues; the restaurant opened in April [2013]. Motion by Commissioner Akashian, second by Commissioner Descoteaux, to place the communication dated 10- 17-2013 from the Interim Superintendent of Police on file without further action, so voted. The Commission opened the hearing on the allegation of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Amal Fuel, Inc., dba Drum Hill Gulf, 1299 Westford St., Richard Elkhoury, Manager, malt beverages & wines only package store, for sale of alcohol beverages to person under 21 years of age, MGL 138, sec. 34. The following individuals were present: Richard Elkhoury, manager of record, and owner of Amal Fuel, Inc., and Richard Davenport, General Manager for Amal Fuel, Inc. Lowell Police Detectives Christal Downs and William Callahan were present. Mr. Elkhoury waived reading of the police report. Lt. Rouine read the summary of the letter from the Interim Superintendent of Police, dated October 17, 2013. The incident took place on September 25, 2013 when Lowell Police Special Investigations conducted a compliance check. An underage person was assisting Lowell police; the individual was able to purchase a 12-pack of Bud Light from a store employee of Amal Fuel, Inc.; the employee did not ask to see identification. Mr. Elkhoury apologized for the violation, stating that we have everyone [employees] trained; the employee who had not checked the identification was let go. Commissioner Akashian stated that at the time of the approval of the license, it was noted by the Commission that a gas station has more reason to check identification, recommending checking everyone’s I.D. Commissioner Akashian stated that having been caught twice in one year, selling to an underage customer without asking for identification, from my view is happening too frequently. Mr. Elkhoury stated that he totally understand[s]. Mr. Davenport stated that he does the hiring; employees are required to scan the identification of customers [purchasing an alcohol beverage]. The Commission noted the matter of the licensee receiving mail at the License Commission minutes for November 7, 2013 Page 2 of 4 business address; the manager was reminded of the License Commission recommendation from last summer of the business having a post office box. Motion by Commissioner Akashian, second by Commissioner Descoteaux, to suspend for one (1) day the malt beverages and wines only Package Store license granted and issued to Amal Fuel Inc. for premises at 1299 Westford Street; furthermore, to hold said suspension in abeyance for six (6) months [May 7, 2014]; vote: ayes – Commissioner Akashian, Commissioner Descoteaux; nay – Commissioner Krieger. The Commission duly noted that there was no one present to represent Camila, LLC, dba Reservations, 179 Central St., Jorge A. Torres, Manager, all alcoholic beverages restaurant, on the following matter: The allegations of misconduct as charged by Deborah Friedl, Interim Superintendent of Police, against Camila, LLC for sale of alcohol beverage to person under 21 years of age, MGL 138, sec. 34; failure to display ABCC posters stating summary of law, MGL 138, sec. 34A; failure to display ABCC posters of penalties for driving under the influence. After several minutes discussing the fact that the Post Office returned 1st class mail as “not deliverable as addressed – unable to forward,” [there is no record of the mail sent by certified mail, return receipt request] the Commission opened the hearing. Lt. Rouine read the summary of the letter from the Interim Superintendent of Police, dated October 17, 2013. Lowell Police Detective William Callahan addressed the Commission on the incident which took place September 27, 2013. Commissioner Akashian asked Detective Callahan if he knew the business hours for the licensee. Detective Callahan stated he didn’t know what time the restaurant opened, only that it closes at 2:00 a.m. Commissioner Akashian asked Assistant Solicitor Veloso if the Commission may take disciplinary action such as a suspension of license. Asst. Solicitor stated a suspension of license is perfectly valid, an indefinite suspension, structure with your particular interest. Commissioner Krieger stated that he would like to send a signal, making the motion to suspend the alcohol beverages license for ten (10) days, and to hold five (5) days of said suspension for eight (8) months; furthermore, noting the failure to appear at said hearing in addition to the three (3) violations of law as heard by the Commission. Commissioner Descoteaux stated that he has heard (on the street) that the licensee opens the business on three (3) nights of the week, Thursday, Friday, Saturday. Commissioner Descoteaux stated he wished to amend the motion so that the suspension takes effect on Thursday, November 21, 2013; Commissioner Krieger seconds the amendment, so voted. Furthermore, motion by Commissioner Akashian, second by Commissioner Krieger, to have notice of hearing sent to the manager of record of Camila, LLC to appear before the License Commission on November 21, 2013 at 6:30 p.m. to answer for his absence from the hearing held on November 7, 2013, and for mail not delivered by postal service, so voted. The Commission reviewed the application by Rosenbloom Corporation, d/b/a Ornelas Liquors, Sangita A. Patel, Manager, all alcoholic beverages Package Store licensee for premises at 1012 Gorham Street – request to change location of license to 1088 Gorham Street, suite 1B, approximately 5,000 sq. ft. of retail space first floor; basement for storage only. It was ratified that a publication of legal notice in the local newspaper take place on November 8, 2013; and public hearing be held on November 21, 2013 at 6:30 p.m. in the Council Chamber. License Commission minutes for November 7, 2013 Page 3 of 4 The Commission reviewed communication sent 10-25-13 to Registry of Motor Vehicles Dealer/repair section re: Middlesex Motor Cars, Inc., 1600 Middlesex St., there has been no license issued for sale and storage of Second Hand Motor Vehicles since January 1, 2010. The Commission authorized the Executive Secretary to notify the office of Development Services, and requested a police check to monitor the activity at 1600 Middlesex St. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to adjourn the meeting at 7:10 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for November 7, 2013 Page 4 of 4