License Commission

Minutes of Lowell License Commission meeting for Thursday, December 5, 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. The meeting convened at 6:35 p.m. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to approve the minutes for meeting November 21, 2013. Commissioner Akashian and Commissioner Krieger discussed the matter of special one-day alcohol beverages applications filed after the posting of the meeting agenda. It is anticipated that applicants will appear before the Commission when board approval is requested. Commissioner Akashian stated that an applicant who does not file timely, and should there be the issuance of a license, an applicant should be expected to appear before the Commission at the next meeting. Commissioner Krieger and Commissioner Descoteaux were in agreement. Motion by Commissioner Akashian, second by Commissioner Krieger, to approve for ratification the issuance of special license for malt beverages & wines only, or either one, to Peter Crewe of the Merrimack Repertory Theatre for Theatrical Performances by the Merrimack Repertory Theatre at Liberty Hall, 50 East Merrimack St., for the four (4) dates: November 29, 30, December 1, 5 - 2013 for concession sales/service forty-five (45) minutes prior to performance, and during fifteen (15) minute intermission - License # 153SP2013, issued 11-20-2013. Motion by Commissioner Akashian, second by Commissioner Krieger, to approve for ratification the issuance of special one-day license for all alcoholic beverages to Scott Kennedy of Boys & Girls Club of Greater Lowell at Lowell Memorial Auditorium, 50 East Merrimack St. for the event - Boys & Girls Club of Greater Lowell Holiday Auction, on Thursday, December 5, 2013 from 5:00 p.m. to 11:00 p.m. - License # 156SP2013, issued 11-25-2013. The Commission reviewed the special one-day license application for malt beverages & wines only, or either one from Andrew Jacobson [present] of Brew’d Awakening Coffeehaus for Friday, December 13, 2013 from 7:00 p.m. to 10:00 p.m. The event is a Holiday open house at 61 Market Street. Mr. Jacobson stated he has received about half-dozen special licenses; there were no issues. On a motion by Commissioner Descoteaux, second Commissioner Krieger, it was voted to approve the license application by Andrew Jacobson. The Commission reviewed the special license application for malt beverages & wines only, or either one from Peter Crewe [present] of the Merrimack Repertory Theatre for Theatrical Performances by the Merrimack Repertory Theatre at Liberty Hall, 50 East Merrimack St. on December 6, 7, 8, 11, 12, 13, 14, 15, 18, 19, 20, 21, 22 - 2013 [13 dates] for concession sales/service for forty-five (45) minutes prior to performance, and during fifteen (15) minute intermission. Mr. Crewe stated that he had been a licensee previously in behalf of the MRT. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to approve the license application from Peter Crewe. License Commission minutes for December 5, 2013 The Commission reviewed the special one-day license application for wines only from Karen Boutet [present] of Zeitgeist Gallery at 167 Market Street; the event is the Andover Artists Guild Reception, Saturday, December 14, 2013 from 6:00 p.m. to 9:00 p.m. Ms. Boutet stated she had a distributor for the alcohol beverages for other licenses approved. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the license application from Karen Boutet. The Commission opened the hearing on 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. A legal notice was published in the local newspaper on November 22, 2013. The following individuals were present: Mina M. Rezkalla, Akram H. Khela, and Atty. Thomas T. Truax, legal counsel for Cyrus Enterprises Inc. Attorney Truax stated that Messrs. Rezkalla and Khela have had prior experience in [a] restaurant business; the hours for each individual would cover the time the business is open. Commissioner Akashian asked what type of market; Atty. Truax stated the market would remain the same. Commissioner Akashian stated the business offers great service; reminded the corporate officers that the university [UMass-Lowell] has a dorm downtown; explained not to get reputation for selling to underage customers, and of the importance of checking IDs. Commissioner Akashian asked if there was anyone present who wished to speak in favor. There was no one to speak in favor. Commissioner Akashian asked if anyone wished to speak in opposition to the application. There was no one present to speak in opposition. The public commentary portion of the hearing was closed. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to approve the transfer of the malt beverages & wines only Package Store license from Market Street Market, Inc., to Cyrus Enterprises, Inc. for premises at 95 Market Street, vote: ayes – Commissioner Descoteaux, Commissioner Krieger, Commissioner Akashian. It was voted to approve Akram H. Khela as Manager of Record for Cyrus Enterprises Inc. The Commission opened the hearing on the application by Lowell Used Auto Parts, Inc., Ralph J. Tucci, Sr., President, to amend Class III used car Junk license, #82-C, by deleting certain section of premises from description, specifically: 121 Tanner St., open lot of 47,000 sq. ft. for storage, & two stall garage, one story office building. Ralph Tucci was present. There was a discussion between the Commission and Mr. Tucci about a change he is requesting that will allow him to sell used cars [as a Class II Dealer licensee] from the site at 121 Tanner St., or allow for a leasing of said site. Mr. Tucci stated that he has not received any disciplinary action in 30 years of business. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the requested change by Ralph Tucci of Lowell Used Parts, Inc.; vote – ayes: Commissioner Akashian, Commissioner Krieger, Commissioner Descoteaux. The Commissioner opened the hearing for Lowell Used Auto Parts, Inc., Ralph J. Tucci, President, for used car Dealer license, Class II, for premises at 121 Tanner Street, open lot of 47,000 square feet for sale and storage of License Commission minutes for December 5, 2013 motor vehicles, two stall garage, one story office building. The applicant requests a maximum number of vehicles for sale and storage at 100. Ralph Tucci was present. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to approve the used car Dealer license [license # 743-B] for Lowell Used Auto Parts, Inc., Ralph J. Tucci, President, for premises at 121 Tanner Street, open lot of 47,000 square feet for sale and storage of motor vehicles, two-stall garage, one story office building, with the following conditions: maximum number of motor vehicles for sale/storage is 100; no junk motor vehicles or parts thereof; vote – ayes: Commissioner Akashian, Commissioner Descoteaux, Commissioner Krieger. The Commission opened the hearing on the matter of Europa Auto Sales, Inc., Judy A. Barrett, President, for consideration of the cancellation of used car Dealer license, Class II, # 703-B, premises at 35 Maple Street, unit #7. Europa [corporation] was dissolved by the Secretary of the Commonwealth June 18, 2012; property manager of 35 Maple Street stated Europa is not a tenant. The following individuals were present: Mario DeFreitas, a corporate officer of Europa, and Atty. Raymond T. Weicker, legal counsel for Europa Auto Sales, Inc. Attorney Weicker stated that the tenancy at Maple Street site is being addressed with the property owner; there had been a fire, the repairs for which are an insurance matter. Atty. Weicker acknowledged the dissolution of the corporation, that Mr. DeFreitas had been hospitalized, which [may have] contributed to not filing of annual reports [in recent years]. Atty. Weicker stated taxes have been paid, all fees paid, paper-work prepared, and as of tomorrow [papers] to be filed with Corporations Division. Commissioner Descoteaux questioned the address as 35 Maple St. or 91 Maple St. Commissioner Akashian asked where one would find Europa Auto Sales. Atty. Weicker stated not at 35 or 91 Maple Street; the matter of the insurance company needs to be resolved; Mr. DeFreitas wants to re-open the business, and at present has no regular income. Atty. Weicker stated that Mr. DeFreitas will probably be back to change address; asked that Commission not revoke license. Commissioner Akashian stated that there cannot be a license for 35 Maple St. because there is no lease; to have a “pocket license” in order to go to the [car] auction; [recommend] suspending the license. Atty. Weicker offered an explanation of the business address, requesting matter be continued ‘til paper-work is worked-out. Lisa Ferreira was permitted to address the Commission. Ms. Ferreira stated that a friend purchased a used camper from [Mario DeFreitas] August 1 [2013]; she stated that the camper was deemed a total loss by the Registry of Motor Vehicles, a salvage vehicle not to be registered; [DeFreitas] said he will work with [friend]; took Mr. DeFreitas to court. Commissioner Akashian thanked Ms. Ferreira for coming. Atty. Weicker stated that the [sale of the camper] is a matter for the court; court decided matter had no merit. Commissioner Akashian stated that our standards are different from the court. Atty. Weicker stated that [DeFreitas] probably buy back [camper]; Mr. DeFreitas has been in the business 20 years. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to suspend the used car Dealer license, 703-B, granted and issued for calendar year 2013 to Europa Auto Sales, Inc., Mario DeFreitas, Treasurer, for premises at 35 Maple St., unit # 7, until the next meeting [December 19, 2013]; the corporation is to License Commission minutes for December 5, 2013 be [re-instated] with the corporations division of the Secretary of the Commonwealth; Mr. DeFreitas is to obtain a correct business address, a lease agreement for the business address, and a plot plan; vehicles to fit in the unit. The Commission discussed having a meeting to review the revised alcohol beverages rules and regulations adopted April 25, 2013; furthermore, a discussion on the adoption of allowing licensees to have a 2:00 a.m. closing time on New Year’s Eve/morning, and on the Friday and Saturday of Lowell Folk Festival weekend. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to review the regulations the second meeting of February [2014]; that 2:00 a.m. is the legal closing time for the on-premises hotel, restaurant, club licensees on December 31st, and the last Friday and Saturday of July which in recent years has been the Lowell Folk Festival. The Commission ratified the publication of legal notice in the local newspaper on December 6, 2013 for the application by Prathna, Inc., Peter P. Sam, Clerk, for a malt beverages & wines only Package Store license for premises at 408 Suffolk Street; and for the application by Bhumi C-Store, Inc., Vimalkumar Patel, President, for a malt beverages & wines only Package Store license for premises at 382 Broadway; public hearings for each application to be held December 19, 2013 in the Mayor’s Reception Room. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 7:45 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes for December 5, 2013