License Commission

Minutes for Lowell License Commission meeting, Thursday, December 19, 2013; meeting held in the Mayor’s Reception Room, 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 6:30 p.m. The Commission tabled the matter of minutes for meeting December 5, 2013; review is anticipated for the first scheduled meeting of January 2014; the Executive Secretary requested additional time to complete the minutes. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was unanimously voted to ratify the issuance on December 9, 2013 of special one-day licenses for malt beverages & wines only, or either one, to Michael J. Lenzi for events at Lowell Memorial Auditorium: License # 160SP2013 – the event is MythBusters, for Saturday, December 14, 2013, from 7:00 p.m. to 11:00 p.m. License # 161SP2013 - Boston Pops, for Sunday, December 15, 2013, from 1:30 p.m. to 5:30 p.m. License # 162SP2013 - TNA Impact Wrestling, for Sunday, December 29, 2013, from 5:00 p.m. to 10:00 p.m. Michael J. Lenzi was present. Commissioner Akashian questioned Mr. Lenzi about the status of the contact his company is to enter into with the City of Lowell for the concession at Lowell Memorial Auditorium. Mr. Lenzi stated the contract has been signed; an annual license application for alcohol beverages will be filed by the company’s attorney. On a motion by Commissioner Descoteaux, second by Commissioner Akashian, it was unanimously voted to ratify the issuance of special one-day license for malt beverages & wines only to Christine Cheuk-Trainor of Aramark for UML Emerging Technology & Innovation Center, 40 University Ave., UML Chancellor's Holiday party, Thursday, December 19, 2013, 2:00 p.m. to 5:30 p.m. Christine Cheuk-Trainor was present; she acknowledged when asked by Commissioner Akashian that there was no issue. The Commission reviewed the special one-day license application for malt beverages & wines only, or either one By Debbie Daley for the event Holiday Gathering, to be held Friday, December 20, 2013 from 5:00 p.m. to 9:00 p.m. at 189 Market St. Ms. Daley was present. Commissioner Akashian explained the responsibility of the licensee having control over the serving of the alcohol beverages. When asked, Ms. Daley stated that she is looking into the matter of securing the alcohol from a licensed distributor [of the A.B.C.C.]. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was unanimously voted to grant the malt beverages & wines only license to Debbie Daley for the event of December 20, 2013. Commissioner Akashian recused himself from the next item of the agenda, approximately 6:35 p.m. Commissioner Krieger and Commissioner Descoteaux reviewed the application by The High Line Group Inc., Charles P. Fotopoulos, President, for a used car Dealer license, Class II, for premises at 1184 Westford Street, an open lot 27,409 sq. ft. with office in existing building. Zoning Board of Appeals granted special permit with conditions, e.g. “85 display spaces,” on August 27, 2012. Charles Fotopoulos, and Atty. Kevin J. Murphy, legal counsel for The High Line Group Inc., appeared before the Commission. Atty. Murphy stated The High Line Group has had a business in the Highlands section of Lowell at 1150 Westford St., and on Chelmsford St. The business bought the property next to 1150 Westford St.; High Line went before the Zoning Board of Appeals for special permit to conduct the business of motor vehicles sales at 1184 Westford St. The business plan is to market high-end cars; a license is requested to operate the business of selling [second-hand motor vehicles]. Commissioner Krieger asked if anyone present wished to speak on the application. There was no one present who requested to speak. Commissioner Descoteaux asked if there would be a retrofit of the building for office. Commissioner Krieger asked about the re-surface of the open lot. Atty. Murphy stated [High Line] could not come here without compliance with the conditions of the Zoning Board of Appeals. Motion by Commissioner Descoteaux to grant a license to The High Line Group Inc., at 1184 Westford Street, for Second Hand Motor Vehicles, Used car Dealer, Class II, [license # 744-B], with the maximum number of display spaces is 85 per Zoning Board of Appeals - 8-27- 2012, second by Commissioner Krieger; so voted. At 6:40 p.m., Commissioner Akashian returned to the meeting, and to preside. The Commission opened the hearing continued from December 5, 2013 for 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. Executive Secretary report: Secretary of Commonwealth Corporations Division has not re-instated Europa Corporation as of 12/17/2013. Atty. Catherine Flood introduced herself as legal counsel on behalf of Europa Auto Sales, Inc., at the request of Atty. Ray Weicker who is unable to be present this evening. Mario DeFreitas was present. Lisa Ferreira was present. Atty. Flood stated that report for the corporation was filed; check was cashed; continue to work on lease which is contingent upon the insurance issue. Ms. Ferreira stated that Mr. DeFreitas is still selling cars; offered information about a car for sale. Commissioner Akashian told Mr. DeFreitas not to sell any cars which could have possible effect on the future license you may have. The Commission continued the matter to the next meeting if additional information is made available by Mario DeFreitas or legal counsel. After January 1, 2014, in accordance with chapter 140, section 59, M.G.L., and License Commission regulation, Mario DeFreitas may file application for new license for Second Hand Motor Vehicles. The Commission opened the public hearing on the application by Prathna, Inc., Peter P. Sam, Clerk, for a malt beverages & wines only Package Store license for premises at 408 Suffolk Street. Peter P. Sam was present. Atty. Catherine Flood introduced herself as legal counsel in behalf of Prathna, Inc. The Commission reviewed the affidavit filed regarding the mailing of legal notice to abutters, to Holy Trinity Greek Hellenic Orthodox Church, and to St. Patrick School in accordance with section 15A of chapter 138, MGL. Legal notice was published in Lowell Sun on December 6, 2013. In addition to affidavit, there were postal receipts and return receipts. The Commission ordered said documents placed on file. Atty. Flood stated the business at 408 Suffolk St. is family run; there are four (4) part-time employees; the hours are 7:00 a.m. to 11:00 p.m. The applicant would like to specialize in different types of beer. Photographs of the store, and its’ location were displayed. The customers are [primarily] foot traffic. The store owner [Peter Sam] is T.I.P.S. certified. Atty. Flood stated that the owner will purchase an ID system for verifying customer identification. The store is in a good location, a nice store. Commissioner Akashian stated that the applicant had filed before, and was denied for [want] of public need. Atty. Flood stated when the store first opened the owner applied; they have [since] built the business. Commissioner Akashian opened the hearing for public comment, asking for individuals who wished to speak in favor. Kenneth Doyle identified himself as a customer; he favors the sale of beer and wine; Peter is a responsible person, good store, and good location; please grant license. Richard Torres stated he and [his] girlfriend stop in store, never any trouble, and [convenience store owners’] nice people. A third individual stated in favor of license application. John McCann stated he is a customer who is in favor of the license application. The Commission closed that portion of the hearing. Commissioner Akashian requested individuals who wished to speak in opposition to the application. There was no person present who spoke in opposition. The Commission closed that portion of the hearing. Commissioner Akashian asked about the off-street parking. Atty. Flood responded about the store relying upon foot traffic; parking is limited to the parking on the street. Commissioner Akashian asked how to secure the area [within the store] before legal hours for the retail sale of alcohol beverages, and about children as customers; are you able to see from [cash] register where people will be [in the store]. Commissioner Akashian cited major issues, check ID’s. Commissioner Krieger asked how you plan to separate the beer/wine from the other activity. Peter Sam stated the cooler is situated in the area visible from where there is a low counter. Atty. Flood presented the floor plan of the premises. Commissioner Akashian stated he is concerned that [from] the opposite end as a practical matter one should see the cooler. Commissioner Descoteaux stated that at the last meeting the question came up where is there a need. Commissioner Descoteaux asked Mr. Daigle who is a store patron. Mr. Daigle stated it is difficult for a pedestrian to access other stores. Commissioner Descoteaux asked Mr. Sam when denied have you been doing much better . . . most customers across from [the] housing project. Mr. Sam in response was positive in his answers. Commissioner Akashian stated that he [approximately] four, five years ago voted in favor; you have loyal customers; I move in favor . . . because of the location of the convenience store you will have a short lease; lot of kids in and out, if you sell to a minor . . . Commissioner Descoteaux stated you have four part-time employees, plus Mr. Sam and his wife; you’ll have a very short lease because of young people in the neighborhood. The hearing was declared closed. The Commission did not find that a license for malt beverages & wines Package Store for premises at 408 Suffolk Street would be detrimental to the school activity of St. Patrick’s School [310 feet] or to the religious activity of the Holy Trinity Greek Hellenic Orthodox Church [497 feet]. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to grant a malt beverages & wines only Package Store license to Prathna, Inc. for calendar year 2014 for premises at 408 Suffolk Street, one level containing approximately 900 sq. ft., with separate room for storage; main entrance on Suffolk Street, and a second egress; ayes – Commissioner Akashian, Commissioner Descoteaux, Commissioner Krieger. The Commission voted to approve Peter Sam as manager of record for Prathna, Inc. The Commission opened the public hearing on the application by Bhumi C-Store, Inc., Vimalkumar Patel, President, for a malt beverages & wines only Package Store license for premises at 382 Broadway. Vimal Patel and Atty. Larry Bean, legal counsel for Bhumi C-Store, Inc., were present. The Commission reviewed the affidavit filed regarding the mailing of legal notice to abutters in accordance with section 15A of chapter 138, MGL. Legal notice was published in Lowell Sun on December 6, 2013. In addition to affidavit, there were postal receipts and return receipts. The Commission ordered said documents placed on file. Atty. Bean stated Mr. Patel lives in Lowell and operates businesses in Lowell. He has an all alcoholic beverages Package Store on Central Street; he is a great member of the business community. Commissioner Akashian asked what is the public need. Atty. Bean stated in this case a lot of foot traffic [in a] densely populated area, a convenience for customers. Commissioner Akashian questioned the distance from King Liquors. Commissioner Akashian opened the hearing for public comment, asking for individuals who wished to speak in favor. No person spoke in favor. The Commission closed that portion of the hearing. Commissioner Akashian requested individuals who wished to speak in opposition to the application. One opponent stated her family has been in business for ten (10) years, we have a full license . . . there is constantly a lot of children. Naysean Chhuon stated she is owner of TLC package store around corner at School and Broadway. A third person and fourth person stated their opposition. The fifth individual stated he is opposed, his package store on Broadway is 100 feet away. There is a lot of traffic. I am there fourteen hours a day. The Commission closed that portion of the hearing. Commissioner Akashian stated he had visited the area, the package store is a stone’s through away; at night the area is very congested. Atty. Bean stated that he understands the need argument; Mr. Patel is not a person who is inexperienced . . . will be set-up for everyone to sell in store; he is trying to keep in business. Commissioner Akashian stated there is no petition to favor the application; there is strong opposition; there has been no demonstration of public need; not in favor. Commissioner Descoteaux stated the [licensing] board tries to be consistent; a month ago there was the Tedeschi application [for 930 Gorham Street]; there isn’t a need; the applicant needs to show a need, I agree with the Chairman. Commissioner Krieger stated that I agree to keep at a reasonable level, I agree with them . . . to re-examine at some future date. Are there statistics to show what the neighborhood is like? On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to deny the application by Bhumi C-Store, Inc. for a malt beverages & wines only Package Store license for premises at 382 Broadway; vote – ayes: Commissioner Krieger, Commissioner Descoteaux, Commissioner Akashian. Brian McInerney of Hookslide Kelly LLC, all alcoholic beverages Restaurant licensee at 19 Merrimack St., appeared before the Commission to speak on the matter the deficiencies cited by Building Inspector, Office of Development Services. Mr. McInerney stated on December 12th there was a substantial leak; the landlord was notified, improvements are being made; respectfully asked that the license not be cancelled. Commissioner Akashian stated the Commission stated the license will be held until the certificate of inspection is issued. Karen Boutet of Zeitgeist Gallery, 167 Market St., appeared before the Commission in behalf of her application for special one-day license for wines only for Art Reception on Saturday, January 11, 2014 from 6 p.m. to 9 p.m. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission voted to grant the special one-day license for wines only to Karen Boutet. The Commission reviewed the application by Portuguese-American Center, Inc., Manuel Pais, Manager, all alcoholic beverages Club licensee, 59 Charles St., for change of officers/directors. Atty. Eric T. Speed, of McDermott, Quilty & Miller LLP, Boston appeared before the Commission as legal counsel for the club. Manuel Pais was present as were the new officers and directors for Portuguese-American Center, Inc. Atty. Speed the application was filed at the directive of the A.B.C.C. as an update. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission voted to approve the change of corporate officers and directors for Portuguese-American Center, Inc. On a motion by Commissioner Krieger, second by Commissioner Akashian, the Commission voted to approve of 2014 annual alcohol beverages licenses for hotels, members-clubs, restaurants, and package stores. The Commission reviewed and ordered placed on file a copy of communication from Alcoholic Beverages Control Commission dated November 29, 2013 re: decision by A.B.C.C. on a violation by Khompong Thom Market, Inc., d/b/a Appleton Liquors, Cheang Tell, Manager, all alcoholic beverages Package Goods Store licensee On a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:50 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].