License Commission

Minutes of the Lowell License Commission meeting, Thursday, February 27, 2014 Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Commissioner Cliff Krieger (presiding), Commissioner John Descoteaux, Captain Kevin Sullivan of the Lowell Police Department; absent: Commissioner Brian Akashian. The meeting convened at 6:30 p.m. The Commission approved the minutes for meeting January 30, 2014 [motion by C. Krieger] The Commission ratified the issuance of special one-day license for all alcoholic beverages to Walter Bettencourt of the Holy Ghost Society, Holy Ghost Park, 65 Village St. [motion by C. Descoteaux] Brazilian night, Saturday, February 22, 2014, 8:00 p.m. to 1:30 a.m. The Commission ratified the issuance of special one-day licenses for malt beverages & wines only, or either one to Donna R. Julian for events at Lowell Memorial Auditorium, 50 East Merrimack St., to wit, Golden Gloves Boxing, Tuesday, February 20, 2014, Golden Gloves Boxing, Tuesday, February 25, 2014, and Golden Gloves Boxing, Wednesday, February 26, 2014, the hours for each license: 6:30 p.m. to 10:30 p.m.; and for N.E. Music Awards, Saturday, February 22, 2014, 7:00 p.m. to 10:00 p.m. [motion C. Krieger] The Commission reviewed the special one-day license applications for all alcoholic beverages from Walter Bettencourt of the Holy Ghost Society, who was present, for events at Holy Ghost Park, 65 Village Street, to wit, Carnaval, Saturday, March 1, 2014, 12:00 p.m. to 1:30 a.m.; Carnaval, Sunday, March 2, 2014, 12:00 p.m. to 1:30 a.m.; and Estreira Carnaval, Saturday, March 15, 2014, 12:00 p.m. to 1:30 a.m. Mr. Bettencourt introduced Olimpio Brasil, who is the President of the Holy Ghost Society. The Commission approved licenses for Walter Bettencourt of the Holy Ghost Society on a motion by Commissioner Descoteaux, second by Commissioner Krieger. The Commission reviewed the special one-day license applications for malt beverages & wines only, or either one from Rita Savard, present, for Saturday, March 1, 2014 from 7:00 p.m. to 12:00 a.m. at 250 Jackson St. The event is Howl Magazine Issue I Launch Celebration; and Jessica MacDonald, present, for Saturday, March 8, 2014 from 6:00 p.m. to 11:00 p.m. at 250 Jackson St. The event is The Happening. The Executive Secretary introduced the matter of pending inspection by the Office of Development Services for the designated area of each applicant at 250 Jackson St. Commissioner Krieger and Commissioner Descoteaux addressed each applicant about the necessity of the inspection to insure public safety. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission voted to approve licenses for Rita Savard and Jessica MacDonald contingent upon the issuance of the “certificate of inspection” for each event, March 1, and March 8, 2014. The Commission reviewed the application of Joseph Bue, present, of Hynes' Tavern, for a special one-day license for beer and wine concession in the parking lot of Hynes' Tavern, 465-467 Gorham Street, Hynes' Road Race, Sunday, March 9, 2014, 1:00 p.m. to 5:00 p.m. The Commission reviewed the application of Richard S. Barrett, present, of Kilkenny Pub, for special one- day license for beer and wine concession in a tent enclosed area at the parking lot adjacent to Kilkenny Pub, 660 Rogers Street, St. Patrick's Day, Monday, March 17, 2014, 3:00 p.m. to 12:00 midnight. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the applications for one-day beer/wine licenses to Joseph Bue for March 9, 2014, and for Richard Barrett for March 17, 2014. The Commission reviewed the application of Christine Cheuk-Trainor, present, of Aramark for Wednesday, March 26, 2014, 4:00 p.m. to 6:00 p.m. at UML Allen House, 2 Solomont Way. The event is Faculty and Staff of Color Networking Reception. The Commission reviewed the application of Shawn Sirois, present, of the Lowell Fire Fighters Association for Sunday, April 13, 2014 from 11:00 a.m. to 3:00 p.m. at a fence enclosed area outside club premises at 362-364 Fletcher St., at Willie & cross Streets. The event is Lowell Fire Fighters road race. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the applications for one-day beer/wine licenses to Christine Cheuk-Trainor for March 26, 2014, and for Shawn Sirois for April 13, 2014. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment from Oceanbridge Corporation, Joseph Bue, representative, for recorded music, loud speaker system, the event is Hynes’ Tavern Road Race, for Sunday, March 9, 2014 from 11 a.m. to 5 p.m. in the parking lot of Hynes’ Tavern, 465-467 Gorham St.; and from Richard S. Barrett, Kilkenny Pub, Inc., sound system for band, disc jockey, St. Patrick's Day, Monday, March 17, 2014, 4:00 p.m. to 10:00 p.m., in a tent enclosed area at the parking lot adjacent to Kilkenny Pub, 660 Rogers St. Captain Sullivan questioned the hours for the sound amplification permit for Richard Barrett, and the hours that relate to the beer/wine concession. The Executive Secretary cited the City ordinance for hours each day for sound amplification, to wit: Sunday to Wednesday 10 a.m. to 10 p.m.; Thursday to Saturday 10 a.m. to 12 a.m. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission approved the applications of Oceanbridge Corporation, Joseph Bue, representative, for Sunday, March 9, 2013 from 11 a.m. to 5 p.m., and of Richard Barrett of Kilkenny Pub, Inc. for March 17, 2014 from 4 p.m. to 10 p.m. The Commission reviewed the application by Pepper Dining, Inc., d/b/a Chili’s Grill & Bar, all alcoholic beverages Restaurant licensee, premises at 26 Reiss Avenue for change of manager to Michael Arbasetti of Hudson, NH. Michael Arbasetti was present. Mr. Arbasetti was questioned by Commissioner Krieger and Commissioner Descoteaux. Mr. Arbasetti stated his place of residence as duly noted on the personal information form of the ABCC application; Mr. Arbasetti stated that he has been a 15-year employee of Pepper Dining, Inc. He stated he has had prior managerial experience. Commissioner Descoteaux asked about the status of the present manager of record. The Executive Secretary stated that the manager, Scott Burrows, was let go by the company last December [2013]. Commissioner Descoteaux stated that in the future a written notice will be sent to the licensee if a manager is no longer actively employed at the premises in accordance with License Commission regulation. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved Michael Arbasetti as manager of record for Pepper Dining, Inc. The Commission duly informed Mr. Arbasetti that the application must be approved by the Alcoholic Beverages Control Commission. The Commission reviewed the Executive Secretary report: Communication from Robert Marsilia, Building Commissioner, re: temporary certificate of occupancy, and certificate of inspection for Mill # 5, 350 Jackson St. The Commission ordered communication to be placed on file. Communication from Joe Giniewicz, Assistant Planner, re response to inquiry for property at 70 Lakeview Ave. for outdoor automotive sales was ordered placed on file by the Commission. Notice to A.B.C.C. of approval of the 2014 annual alcohol beverages license for restaurant in compliance with Massachusetts law regarding inspection, liquor liability insurance, and payment of license fees: White Eagle Café of Lowell, Inc., 585 Market Street Notices to A.B.C.C. of disapproval of the 2014 annual alcohol beverages licenses for restaurant not complying with Massachusetts law regarding inspection and/or liquor liability insurance: Puff, Inc., d/b/a C’s Spot Bar, 171 Lakeview Avenue [non-payment of license fee] Mambo Grill, Inc., 127 Merrimack Street [non-payment of license fee] The Commission ordered communications to the A.B.C.C. placed on file. Claude Charlot, manager and owner of Puff, Inc., appeared before the Commission. Mr. Charlot explained the present situation of the premises, the maintenance to be done on the premises per consultation with a City of Lowell building inspector. Commissioner Descoteaux and Commissioner Krieger requested Mr. Charlot to explain the delay of three (3) months not complying with Massachusetts laws for certificate of inspection, certificate of liquor liability insurance, and non-payment of license fees. It was noted by the Commission that Mr. Charlot appeared before the License Commission on January 30, 2014; the Commission voted to allow additional time until February 13, 2014 to be in compliance with Massachusetts laws. The Executive Secretary stated the office received a renewal certificate of insurance on February 12, 2014 via facsimile from the office of an insurance agent for Puff, Inc. The Commission, on a motion by Commissioner Descoteaux, second by Commissioner Krieger, voted to ratify the notice of disapproval of the renewal of license by Puff, Inc. sent to the Alcoholic Beverages Control Commission. The Executive Secretary stated that Puff, Inc. may appeal the decision of the License Commission to disapprove the renewal to the A.B.C.C. or Mr. Charlot may apply for a new license in accordance with M.G.L. chapter 138. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 7:05 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].