License Commission

Minutes of Lowell License Commission meeting for Thursday, November 21, 2013; meeting held in the 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, and Elliott Veloso, Asst. City Solicitor. The meeting convened at 6:30 p.m. Motion by Commissioner Akashian, second by Commissioner Descoteaux, to approve the minutes for meeting November 7, 2013, vote: ayes – Commissioner Akashian, Commissioner Descoteaux; nay – Commissioner Krieger. For ratification the issuance of special one-day licenses for malt beverages & wines only, or either one, to Michael J. Lenzi for events at Lowell Memorial Auditorium, 50 East Merrimack St.: License #143SP2013, Michael J. Lenzi, America's Got Talent, Friday, November 8, 2013, 6:30 p.m. to 11:00 p.m. License #144SP2013, Michael J. Lenzi, RiverFeast, Saturday, November 16, 2013, 6:30 p.m. to 11:00 p.m. License #145SP2013, Michael J. Lenzi, Spank!, Thursday, November 21, 2013, 7:00 p.m. to 11:00 p.m. License #148SP2013, Michael J. Lenzi, Miss Massachusetts, Saturday, November 23, 2013, 5:00 p.m. to 10:00 p.m. License #149SP2013, Michael J. Lenzi, Miss Massachusetts, Sunday, November 24, 2013, 4:00 p.m. to 9:00 p.m. Motion by Commissioner Akashian, second by Commissioner Krieger, to approve for ratification the issuance of licenses to Michael J. Lenzi for events at Lowell Memorial Auditorium on November 8, 16, 21, 23, and 24 - 2013, so voted. Michael J. Lenzi appeared before the Commission upon the written request of the Commission. The Commission reviewed with Mr. Lenzi the series of special one-day license applications he has filed for events at the Lowell Memorial Auditorium in the month of November 2013. Mr. Lenzi stated that he anticipated four (4) more events in December. Motion by Commissioner Descoteaux, second by Commissioner Krieger, to have additional applications filed timely, so voted. The Commission reviewed the following special one-day license applications for malt beverages & wines only, or either one Christine Cheuk-Trainor [present] of Aramark for Friday, December 6, 2013 from 2:00 p.m. to 5:00 p.m.; the event is the UML Vice Provost Department wrap up Reception to be held at the UML Emerging Technology & Innovation Center Atrium, 40 University Ave. Jim Lichoulas [present] for Saturday, December 7, 2013 from 7:00 p.m. to 1:00 a.m.; the event is Totally Bazaar to be held at 250 Jackson St. Mr. Lichoulas stated it is the first time he has filed application in his name. Commissioner Akashian explained to Mr. Lichoulas the necessity of maintaining control; the purchase of alcohol beverages from a state licensee; and recommendation that the police business telephone number be recorded of a cell phone or other device if the need arises to contact the police. P ag e 1 of 6 Motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission unanimously voted to grant special one-day licenses to Christine Cheuk-Trainor for December 6, 2013, and Jim Lichoulas for December 7, 2013. The Commission reviewed the special one-day license applications for wines only filed by Michael F. Dailey Jr. [present] of UnchARTed Gallery, 66 Merrimack St., for the following events: Ridonka donka donk! An Art Show for Val Kappa, for Saturday, November 30, 2013, 8:00 p.m. to 12:00 midnight, and for Saturday, December 14, 2013 from 8:00 p.m. to 12:00 midnight for the closing reception of the Art Show for Val Kappa. Motion by Commissioner Akashian, second by Commissioner Krieger, the Commission unanimously voted to grant special one-day licenses for wines only to Michael F. Dailey, Jr. for November 30, 2013 and December 14, 2013. The Commission opened the hearing on the application by SALT, Inc., business name Tedeschi Food Shops, Inc., Alan R. Marcotte, President, for a malt beverages & wines only Package Store license for premises at for premises at 970 Gorham Street, left-side unit of 3,495 square feet for retail, storage, office; one entrance/exit at left front, loading door right front, and exit at left rear of unit. It is requested by SALT, Inc. that Alan R. Marcotte be approved as manager of record. The following individuals were present: Alan R. Marcotte, Atty. John F. Paczkowski, legal counsel for SALT, Inc., and Joseph Green, Division Manager for Tedeschi Food Shops. The Commission reviewed the affidavit of notice of mailing to abutters, and Superintendent of Schools; certified mail receipt, return receipts, list of abutters, and City Engineer letter of confirmation regarding public school within 500 feet radius; said documents were ordered placed on file. Atty. Paczkowski introduced himself as legal counsel for the applicant, and Alan Marcotte, President of SALT, Inc. Atty. Paczkowski filed a petition signed by customers of Tedeschi Food Shop at 970 Gorham St. who are in favor of the store offering packaged beer and wine to customers; approximately 240 signatures were written on a total of eight (8) sheets of paper. The Commission accepted the petition, and ordered it be placed on file. Mr. Marcotte addressed the Commission following introductory comments from legal counsel. Mr. Marcotte has experience in the retail sales of alcohol beverages; he presently has a full-package store license in the town of Dracut. Joseph Green was introduced as the Tedeschi Food Shops Division Manager. There was a detailed explanation from Messrs. Marcotte and Green about the store location, and the renovations underway at the store site 970 Gorham St. There was explanation that Tedeschi maintains daily fresh food for consumers in travel; it has been a successful business model. Commissioner Akashian opened the hearing for public commentary; requesting first public comment from individuals wishing to speak favorably on the application. There were no respondents to speak favorably; that portion of the hearing was closed. It was requested if anyone wished to speak in opposition to the application. Two individuals addressed the Commission, Ms. Susan Brown, and Atty. George Theodorou, 133 Market St. Ms. Brown P ag e 2 of 6 cited the presence of several store within 7/10th of a mile for that section of town. Atty. Theodorou stated his client [Sangita Patel] has invested in the area, operating two (2) family owned businesses; both of which serve the community. One of the retail stores is a full-liquor package store. There was no additional public commentary; that portion of the hearing was closed. A series of questions by the Commission were asked of the representatives for SALT, Inc. Commissioner Krieger questioned the economic issue, and how the company projections of sales of beer and wine might benefit the City of Lowell. Commissioner Akashian asked a hypothetical question that if a license is granted and issued, what may be the significant impact upon customer support. Mr. Marcotte stated there is a lot of foot traffic in the area, reference to the petition signed by customers. Joseph Green stated the store would be offering 6-pack beer to a different clientele, not a single can beer to a [customer]. Commissioner Akashian asked if Mr. Green had a survey of the demographics representative of the customers. Mr. Green stated he did not have it with us; [the applicant] is not looking for a full-liquor license. Commissioner Descoteaux questioned the deli within the store. Mr. Green attested to the excellent reputation; foods are prepared daily, ready to go meal. The store would not sell a single beer out of concern for the store reputation. Commissioner Descoteaux questions how the other part of the building is to be used. Mr. Green stated the corporation feels a Laundromat would be a “win-win.” Commissioner Descoteaux asked Captain Webb if there have been any incidents at Tedeschi. Captain Webb stated the franchise has been cooperative . . . parking lot issues are in the past. Mr. Green stated the company offers a great program, T.I.P.S. training, and of an ID system inclusive of video. Commissioner Krieger asked of the economic analysis [relative to] the neighborhood. Mr. Green stated the “washer/dryer being replaced by beer/wine.” Commissioner Krieger asked how many stores would neighborhood support selling alcohol. Mr. Green stated [beer/wine] is ancillary; cites an [analysis] done for Market Basket. Commissioner Akashian stated his feeling on this, public need is being fulfilled at three (3) other stores on Gorham Street, 1012 Gorham has a full-liquor package store, 1300 Gorham has a full-liquor package store, and 1401 Gorham has a beer/wine package store. In addition, there is no one here to speak in favor of the application.; it has not been demonstrated that there is a public need at this location. Commissioner Descoteaux stated as a business owner . . . the betterment of the City [but] to have a 4th liquor license within 7/10ths of a mile, I’m inclined to agree with the Chairman. I like to see where the store is going; there are a lot of signatures; there is no one here to speak in favor. Mr. Marcotte stated he will be taking over the store December 9th [2013]; [reference to nearest package store] 500 feet is a big difference. Commissioner Descoteaux stated the plan is well done, back of my mind there [would be] four (4) liquor establishments . . . like to see how it progresses . . . to see people speak in favor . . . not [an] absolute [no]. P ag e 3 of 6 Commissioner Krieger stated that he would like to see more of the economic situation; how to get to the bottom of that, there is no additional housing. Commissioner Descoteaux made the motion to deny the license application for malt beverages and wines only Package Store by SALT, Inc. for premises at 970 Gorham Street, second by Commissioner Krieger, vote – ayes: Commissioner Descoteaux, Commissioner Krieger, and Commissioner Akashian. The Commission reviewed the special events permit application for amplified outdoor public entertainment by Chris Samaras [present] of City of Lowell for amplification of entertainment for parade, choral concert, public address, and musicians with portable sound systems, for the 2013 City of Lights Parade and Holiday Art Stroll, Saturday, November 30, 2013 from 12:00 noon to 8:30 p.m. The outdoor venue: Arcand Drive stage in front of City Hall; Mack Plaza on Shattuck St.; St. Anne's Churchyard on Merrimack St.; downtown sidewalks of Merrimack, Middle, Market, Central Streets. Mr. Samaras stated the City of Lights parade has been an annual event for the past thirteen (13) years. Commissioner Akashian made the motion to approve the special events permit for the 2013 City of Lowell Lights Parade, second by Commissioner Krieger, so voted. The Commission opened the hearing on 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. The following individuals were present: Sangita A. Patel, and Atty. George Theodorou, legal counsel for Rosenbloom Corporation. The Commission reviewed the affidavit of notice of mailing to abutters, and Superintendent of Schools; certified mail receipt, return receipts, list of abutters, and City Engineer letter of confirmation regarding public school within 500 feet radius; said documents were ordered placed on file. Atty. Theodorou stated that the [licensee] has made a substantial investment, bought the business and property a year ago. The present store location doesn’t adequately serve the community at 1012 Gorham Street; the owner feels the premises at 1088 Gorham would better serve the community. Atty. Theodorou explained in detail the design for store premises at 1088 Gorham; one entrance into the building, a transparent wall as separation between the convenience store, and site of the liquor store; there would be a separate doorway for customers to pass though where the transparent wall is erected; the wall would stand approximately ten (10) feet high. Business hours will be 9 a.m. to 11 p.m. Monday to Saturday; Sunday 12 noon to 11 p.m. Commissioner Descoteaux questioned the number of employees; Atty. Theodorou stated there will two (2) clerks; the licensee has a scanner for IDs. Commissioner Akashian asked about the off-street parking for the business. Atty. Theodorou stated that the location presently at 1012 Gorham St. is not stripped though it offers substantial parking behind the store; the new proposed location at 1088 Gorham has stripped parking where there is the existing convenience store; the store site is 700 feet from 1012 Gorham St. P ag e 4 of 6 Commissioner Akashian stated that the licensee had applied for a beer and wine package store for 1088 Gorham Street which was denied because there was no public need; now the licensee is requesting to move the license there . . . aesthetically better looking location. Commissioner Akashian stated the traffic is tough at times at Moore and Gorham Streets where the store is located. I am in favor of the moving of license. Commissioner Descoteaux stated [1088 Gorham] is a much better location. Commissioner Akashian opened the hearing for public comment, requesting if anyone wished to speak in opposition. Ms. Susan Brown stated she objects to the change of location; the move brings it closed to the school [Butler Middle School] and closer to 1300 Liquors [1300 Middlesex St.]. After Ms. Brown there was no other person who spoke in objection to the application; that portion of the hearing was closed. 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 stated the close proximity of the school may not send the right message; students are contained to the area of the school, noting that students do walk to and from school. Ms. Brown stated there is additional traffic during school hours. Commissioner Akashian asked Sangita Patel when is the busy time; Ms. Patel stated after 5 p.m.; children come by 2:45 p.m. to 3:45 p.m. Commissioner Krieger asked if the School Department had responded. The Executive Secretary stated that there had been no response. Commissioner Akashian made the motion to approve the license application of Rosenbloom Corporation for change of location of the all alcoholic beverages Package Store license from 1012 Gorham St. to 1088 Gorham St., second by Commissioner Descoteaux, vote – ayes: Commissioner Akashian, Commissioner Descoteaux, and Commissioner Krieger. The Commission opened the hearing for Camila, LLC, dba Reservations, 179 Central St., Jorge A. Torres, Manager, all alcoholic beverages restaurant licensee, to answer to the License Commission for manager absence from hearing held on November 7, 2013; for mail not delivered by postal service; for the involuntary dissolution of the corporation by the Massachusetts Corporations Division. Jorge Torres, manager of record for Camila, LLC, was present. Commissioner Akashian reminded Mr. Torres that the issue of last year [November/December 2012] was occurred a second time, mail undeliverable. When asked by Commissioner Akashian how long he has been manager, Mr. Torres stated [approximately] six (6) months [Note: LLC approved manager 12/20/2012; ABCC approved 1/14/2013] . Commissioner Akashian stated you’ve not checked into the corporation in reference to the dissolution by the Secretary of the Commonwealth; it is clear from [your] actions that you are not abiding by the rules. Mr. Torres stated he was not aware of the corporation being dissolved, and that he wasn’t sure about the letter from the License Commission notifying him of the license suspension [Note: action of the LLC to suspend license on 11/7/2013]. Commissioner Krieger asked Mr. Torres if he had a lawyer. Mr. Torres stated he did not have a lawyer. Commissioner Akashian stated [the business] is operating illegally. P ag e 5 of 6 Assistant Solicitor Veloso, when asked by the Commission, stated that as of earlier in the day, the corporation status is the same, citing Commonwealth of Massachusetts regulation for involuntary dissolution of a corporation/limited liability company. Commissioner Akashian asked Asst. Solicitor Veloso [that Camila, LLC] can’t hold the license. Asst. Solicitor Veloso stated yes, [License Commission] can take back the license. Commissioner Akashian made the motion to suspend the all alcoholic beverages Restaurant license indefinitely after the current five days suspension [suspension period 11/21/13 to 11/26/13 inclusive] because Camila, LLC does not have legal existence. After a brief discussion on the matter of the LLC non-legal status, Commissioner Akashian amended his motion as follows: to suspend the all alcoholic beverages Restaurant license for a period after November 26 until such time as the License Commission office has received notice of the limited liability company’s legal existence, and that the renewal application for the liquor license is to be filed on or before November 29, 2013. The Commission will hold a hearing on December 19, 2013 if the LLC has not received legal existence with the Secretary of the Commonwealth by December 16, 2013, second by Commissioner Krieger, vote – ayes: Commissioner Akashian, Commissioner Krieger, and Commissioner Descoteaux. The Commission ratified the publication of the legal notice for November 22, 2013, and the public hearing on December 5, 2013 for the application for transfer of the malt beverages & wines only Package Store license from Market Street Market, Inc., Janette S. Nason, Manager, premises at 95 Market Street, one unnumbered door north side; first floor, one room for retail and storage approx. 1,500 sq. ft., basement storage only, to Cyrus Enterprises, Inc., Mina M. Rezkalla, President. The Commission discussed conducting a review of the revised rules and regulations for alcohol beverages; it was agreed that the matter be placed on the agenda for the meeting of December 5, 2013. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to adjourn the meeting at 7:50 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. P ag e 6 of 6