License Commission

Minutes for Lowell License Commission meeting, Thursday, January 30, 2014; 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 Thomas Kennedy of the Lowell Police Department. The meeting convened at 6:30 p.m. Commissioner Akashian on behalf of the License Commission expressed a cordial welcome to Captain Kennedy who is the liaison to the License Commission from Superintendent Taylor’s office. Commissioner Krieger made the motion, second by Commissioner Akashian, to revise minutes of the meeting of January 16, 2014, to wit: The Commission voted to ratify the issuance [italics for emphasis] of the special one-day license for malt beverages & wines only, or either one, to Donna R. Julian [present] for event at Lowell Memorial Auditorium, license # 2SP2014, Golden Gloves Boxing, Friday, January 10, 2014, 6:00 p.m. to 10:00 p.m. The Commission voted to ratify the issuance of the special license to sell/dispense malt beverages & wines only, or either one, to John Dyson of the Merrimack Repertory Theatre, at Liberty Hall, 50 East Merrimack St., license # 3SP2014, concession sales/service 45-minutes prior to performance, and 15-minutes intermission, for January 9, 10, 11, 12, and 16, 2014 [5 dates]. The Commission voted to ratify the issuance of the special one-day license for malt beverages & wines only to Vasilios Asimakos [present] of iMedia AVM, Inc., Onyx Room, Western Ave. Studios, license # 4SP2014, Film Screening, Saturday, January 11, 2014, 7:00 p.m. to 11:59 p.m. Commissioner Akashian made the motion to approve minutes of meeting for January 16, 2014, second by Commissioner Krieger; so voted. The Commission reviewed the application for special one-day license for all alcoholic beverages from Mary Ciccarelli of St. Michael Parish, for the St. Michael Parish/School Comedy Night, Saturday, March 1, 2014, 7:00 p.m. to 11:00 p.m. at St. Michael Church Hall, 24 Sixth St. Ms. Ciccarelli was present; she confirmed that she had been an applicant last year. License Commission minutes of meeting January 30, 2014 The Commission reviewed the applications of Philip Howard in behalf of the City of Lowell Winterfest, for a tent and enclosed outdoor area for Club Celsius, adjacent to 50 Arcand Drive, Winterfest 2014, Friday, February 21, 2014, 6:00 p.m. to 12 midnight, and for Saturday, February 22, 2014, 12 noon to 12 midnight. Mr. Howard was present. Commissioner Akashian reminded Ms. Ciccarelli and Mr. Howard of their responsibility; each person has control of the licensed sale and service of alcohol beverages. In the event of a problem that affects public safety, each person should have readily available the business telephone number for Lowell police [978-937-3200]. Commissioner Descoteaux made the motion to approve the applications of Mary Ciccarelli and Mr. Howard, second by Commissioner Krieger; so voted. Commissioner Akashian made the motion to waive the license fees for the special one-day licenses granted to Philip Howard in behalf of the City of Lowell Winterfest for the reason that the proceeds derived from the sale of alcohol beverages is to benefit the City of Lowell Winterfest, second by Commissioner Krieger; so voted. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one by Donna R. Julian, who was present, for events at Lowell Memorial Auditorium: Golden Gloves Boxing, Tuesday, February 4, 2014, 6:30 p.m. to 10:30 p.m.; Golden Gloves Boxing, Tuesday, February 11, 2014, 6:30 p.m. to 10:30 p.m. Michael Flynn, who was present, Director of Public Relations for The New England Music Awards, the event is NEMA VIP Soiree & Networking Event, Saturday, February 8, 2014, 7:00 p.m. to 11:59 p.m. at Mill No. 5, 250 Jackson St., 4th floor Michael Spiegel, who was present, d/b/a Mobile Mixers, for an event at the Nesmith House, 229 Andover St., Congresswoman Tsongas Reception, Sunday, February 9, 2014, 2:00 p.m. to 4:00 p.m. Mr. Spiegel stated that he had been contacted by the caterer to request a license Commissioner Descoteaux made the motion to approve the applications of Donna Julian and Michael Spiegel, second by Commissioner Krieger; so voted. The Commission requested Michael Flynn for his explanation of the event of February 8, 2014. Mr. Flynn stated he is the Director of Public Relations for The New England Music Awards, that the event is a meeting of sponsors in License Commission minutes of meeting January 30, 2014 anticipation of the main event to be held on February 22, 2014. Mr. Flynn stated that Jim Lichoulas is the owner of the property, and he has been contracting space on the fourth floor to different artists. Commissioner Akashian allowed Randy Mathieu to address the matter of his concern about activity at Mill No. 5. Mr. Flynn responded that the event for which he has applied for an alcohol beverages license is a networking event; there will be a four piece acoustic band; there will not be a concert atmosphere. Commissioner Descoteaux asked how many people have been invited to the event; Mr. Flynn stated 200 have been invited but not more than half of the nominating people are expected, 100 people total. There will be three cases of beer as a sampling from a brewery that will have a representative at the event. Commissioner Akashian wished Mr. Flynn a good night for the event. Commissioner Krieger made the motion to approve the application of Michael Flynn, second by Commissioner Descoteaux; so voted. The Commission reviewed the application for a special events permit for amplified outdoor public entertainment for the City of Lowell, Chris Samaras, representative, for bands, sound system, the event is Winterfest 2014, for Friday, February 21 and Saturday, February 22, 2014; hours: 10 a.m. to 12 midnight, at the venue adjacent to 50 Arcand Drive, tent, and outdoor enclosed area. Mr. Samaras was present; he stated this year will be the fourteenth for Winterfest; there have been no issues. Commissioner Akashian made the motion to approve the application for special events permit for amplified outdoor public entertainment for the City of Lowell Winterfest, second by Commissioner Krieger; so voted. The Commission reviewed the applications by Chaotic Wrestling Incorporated for public amusement for show licenses. Walter J. Jamitkowski, President of Chaotic Wrestling, was present. The events are scheduled to take place at the Polish American Veterans Hall, 10 Coburn St.; event dates are February 7, April 25, May 30, July 18, September 12, October 24, and December 12, 2014; hours: 7 p.m. to 11 p.m. each date. Mr. Jamitkowski stated one detail police officer will be present at each event. Commissioner Descoteaux made the motion to approve the applications of Chaotic Wrestling Incorporated, second by Commissioner Krieger; so voted. The Commission opened the public hearing on the application by Julian Lenzi Hospitality Group, Inc., Michael J. Lenzi, President, for all alcoholic beverages Restaurant license for Lowell Memorial Auditorium, 50 East Merrimack License Commission minutes of meeting January 30, 2014 St. Michael J. Lenzi was present to speak in behalf of the applicant. The Commission reviewed the affidavit of notice to the abutters and to the churches and hospital which are within 500 feet of said premises. Affidavit, notices of certified mail, and return receipts were ordered to be placed on file. Commissioner Akashian questioned Mr. Lenzi; the hearing was then opened for public comment. There were no speakers to address the Commission. The hearing was declared closed. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to grant an all alcoholic beverages Restaurant license to Julian Lenzi Hospitality Group, Inc. for the premises of Lowell Memorial Auditorium, 50 East Merrimack St., exclusive of Liberty Hall, for calendar year ending December 31, 2014; ayes – Commissioner Descoteaux, Commissioner Krieger, Commissioner Akashian. The license granted to Julian Lenzi is a special license in accordance with Acts of 2000, Chapter 62. The Commission voted to grant a license for common victualler to Julian Lenzi Hospitality Group, Inc. in conjunction with the alcohol beverages license for premises of Lowell Memorial Auditorium for calendar year 2014. The Commission voted to approve Michael J. Lenzi as manager of record for Julian Lenzi Hospitality Group, Inc. It is requested that Michael J. Lenzi be approved as manager of record for Julian Lenzi Hospitality Group, Inc. The Commission reviewed the application by The Sporting and Athletic Club of Lowell, Inc., all alcoholic beverages Club licensee at 525 Market Street, for change of officer/director. Dennis Garneau and Atty. Michael Zaim were present. Atty. Zaim stated he would have filed the application in conjunction with the application for change of manager filed previously but he did not have at the time the “certificate of good standing” issued by the Department of Revenue, which is a required document for an application for change of officer and director. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve the change to Dennis R. Garneau as sole officer and director for The Sporting and Athletic Club of Lowell, Inc.; ayes – Commissioner Akashian, Commissioner Krieger, Commissioner Descoteaux. The Commission reviewed the application by 99 Restaurants of Boston, LLC, all alcoholic beverages Restaurant licensee at 850 Chelmsford Street, for change of manager from Jeffrey Doward to Amy Manchester of New Hampshire. Amy Manchester was present. Ms. Manchester stated she has had prior experience as a general manager. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, it was voted to approve License Commission minutes of meeting January 30, 2014 Amy Manchester as manager of record for 99 Restaurants of Boston, LLC; ayes – Commissioner Akashian, Commissioner Descoteaux, Commissioner Krieger. The Commission reviewed communications from William M. Taylor, Superintendent of Police, regarding allegation(s) of misconduct against restaurant licensees: SP Entertainment, Inc., d/b/a Savanna Palace, Shayne Cranmore, Manager, 25 Market St., and Hayhurst Group Inc., d/b/a Finn's Pub, Kevin Hayhurst, Manager, 76-86 Merrimack St. The Commission voted to schedule the hearings for February 13, 2014 for SP Entertainment, Inc., and Hayhurst Group Inc. The Commission reviewed the status of 2014 annual alcohol beverages licenses for restaurants: White Eagle Café of Lowell, Inc., 585 Market Street, Leah Rigs, Manager Puff, Inc., d/b/a C’s Spot Bar, 171 Lakeview Avenue, Claude Charlot, Manager Mambo Grill, Inc., d/b/a Mambo Grill, 129 Merrimack St., Franchesska Descoteaux, Manager The Executive Secretary stated that each manager was sent written notice for hearing to be held on January 30th. Claude Charlot was present as manager and as an officer, director, shareholder for Puff, Inc. There was no one present for White Eagle Café and Mambo Grill. Mr. Charlot has not filed a certificate of inspection and certificate of liquor liability insurance for 2014 for the licensee Puff, Inc. The annual license fee has not been paid to the City of Lowell. Mr. Charlot explained that he would like to sell his business. Commissioner Akashian made the motion, second by Commissioner Krieger, to continue the hearing to February 13, 2014 to allow additional time for Mr. Charlot to comply with the General Laws of Massachusetts governing inspection, insurance, and payment of license fees; ayes - Commissioner Akashian, Commissioner Krieger; Commissioner Descoteaux abstained. It was duly noted by Commissioner Akashian that cancellation of licenses for 2014 for non-compliance with said Massachusetts laws may be voted on February 13, 2014. The Executive Secretary spoke of the compliance that is pending with the White Eagle Café of Lowell, Inc. Commissioner Akashian made the motion, second by Commissioner Krieger, to continue the hearing to February 13, 2014 to allow additional time for the manager of record of the White Eagle Café of Lowell, Inc. to comply with License Commission minutes of meeting January 30, 2014 the General Laws of Massachusetts governing inspection, insurance, and payment of license fees; ayes - Commissioner Akashian, Commissioner Krieger; Commissioner Descoteaux abstained. The Executive Secretary spoke of notice received but there is no compliance pending with the Mambo Grill, Inc. Commissioner Akashian made the motion, second by Commissioner Krieger, to disapprove the renewal of license for Mambo Grill, Inc. because there is no certificate filed in accordance with chapter 304 of the acts of 2004 [i.e. certificate of inspection] or chapter 116 of the acts of 2010 [i.e. certificate of liquor liability insurance]; ayes - Commissioner Akashian, Commissioner Krieger; Commissioner Descoteaux abstained. The Commission reviewed the special one-day license applications to sell/dispense Wines only by Michael F. Daley Jr. of UnchARTed Gallery, at 66 Merrimack St. Applications are for Saturday, February 1, 2014 from 8 p.m. to 12 midnight for opening reception of “Abra Collabra;” and Tuesday, February 18, 2014 from 8 p.m. to 12 midnight for artist talk re “Abra Collabra” Michael Daley was present; he stated that he has a wine distributor. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to approve licenses for Michael Daley for February 1st and February 18th; ayes – Commissioner Akashian, Commissioner Krieger, Commissioner Descoteaux. The Executive Secretary report was reviewed by the Commission. The matter of TR Enterprises, Inc., d/b/a El Rincon, 135 Central St., Rey Serrano, Manager, regarding license fees paid by business check on January 10, 2014 and returned to City Treasurer because of insufficient funds, was paid by Mr. Serrano with a money order. The Commission voted to ratify the matter of Angel Perez, d/b/a Angel Appliances, having surrendered for cancellation Second Hand Articles license for premises at 250 Middlesex St. on January 17, 2014. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:10 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. License Commission minutes of meeting January 30, 2014