License Commission

Page of 1 of 6 License Commission minutes for March 13, 2014 Minutes for Lowell License Commission meeting, Thursday, March 13, 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, Elliott Veloso, Assistant City Solicitor. The meeting convened at 6:30 p.m. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the minutes for the meeting of February 27, 2014. On a motion by Commissioner Akashian, second by Commissioner Krieger, the Commission approved the issuance on March 7, 2014 of a special one-day all alcoholic beverages license to Olimpio Brasil of the Holy Ghost Society for Saturday, March 8, 2014 from 10 a.m. to 6 p.m. The event was a reception held at Holy Ghost Park, 65 Village St. Olimpio Brasil was present. The Commission reviewed the special one-day license application for all alcoholic beverages from Dr. Linda Trouville of St. Louis School. Dr. Trouville was present. The event is a silent and live auction; a fundraiser for St. Louis School to be held at the school center at corner of Boisvert and West Sixth Streets [241 W. 6th St.] Saturday, March 29, 2014 from 4:00 p.m. to 11:00 p.m. The Commission reviewed the special one-day license applications for all alcoholic beverages from Olimpio Brasil of the Holy Ghost Society, for the following events to be held at Holy Ghost Park, 65 Village Street: Christening, Sunday, March 23, 2014, 1:00 p.m. to 11:00 p.m. Laos Temple Dinner, Saturday, March 29, 2014, 5:00 p.m. to 1:30 a.m. Noite a Praia Dinner Dance, Saturday, April 5, 2014, 5:00 p.m. to 1:30 a.m. Cantoria Dinner, Saturday, April 12, 2014, 5:00 p.m. to 1:30 a.m. Sam Easter party, Saturday, April 19, 2014, 5:00 p.m. to 1:30 a.m. Sam Easter Dinner Dance, Sunday, April 20, 2014, 1:00 p.m. to 12:00 a.m. DeFreitas Wedding, Saturday, April 26, 2014, 4:00 p.m. to 1:30 a.m. Page of 2 of 6 License Commission minutes for March 13, 2014 Holy Ghost Pageant, Saturday, May 3, 2014, 6:00 p.m. to 1:30 a.m. Holy Trinity Pageant, Saturday, May 10, 2014, 6:00 p.m. to 1:30 a.m. Brazilian Night, Saturday, May 17, 2014, 6:00 p.m. to 1:30 a.m. Commissioner Akashian addressed Dr. Trouville, Mr. Brasil, James O’Hearn, and Jack Fletcher about the responsibility of being a licensee; that the acquisition of alcohol beverages for a licensee is by way of a distributor licensed by the Alcoholic Beverages Control Commission; each licensee should utilize his/her cell-phone by having the Lowell police department main number [978-937-3200] if there is a need to call police at the time of the event. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the license application of Dr. Linda Trouville of St. Louis School, and the applications of Olimpio Brasil of the Holy Ghost Society. Mr. Brasil stated that the event for Saturday, March 15 at Holy Ghost Park is cancelled; he requested of the License Commission a license fee credit in the amount of $125.00 [License # 40SP2014, Walter Bettencourt of the Holy Ghost Society, Estreira Carnaval, Saturday, March 15, 2014, 12:00 p.m. to 1:30 a.m.]. On a motion by Commissioner Krieger, second by Commissioner Akashian, the Commission voted to cancel the special one-day license for all alcoholic beverages for March 15, 2014, and that the license fee paid in the amount of $125.00 on February 28, 2014 will be a credit for said amount to be applied to license for the event of March 23, 2014. The Commission reviewed the special one-day license application for malt beverages & wines only, or either one of James O'Hearn of Pollard Library Foundation. The event is the 8th Annual Meet the Author Night, Thursday, May 8, 2014, 6:00 p.m. to 8:00 p.m. to be held at Memorial Hall, Pollard Memorial Library, 401 Merrimack St. The Commission reviewed the special one-day license application for malt beverages & wines only, or either one of Jack Fletcher of Lowell Catholic Athletic Dept. The event is a Hawaiian Themed Trivia Night to be held at Lowell Catholic Auditorium, 530 Stevens St. on Friday, March 14, 2014 from 7:00 p.m. to 11:00 p.m. Page of 3 of 6 License Commission minutes for March 13, 2014 On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission approved the license application of James O’Hearn of Pollard Library Foundation, and the application of Jack Fletcher of Lowell Catholic Athletic Foundation. The Commission reviewed the public amusement for carnival license application from Dean & Flynn, d/b/a Fiesta Shows, John Flynn, representative, for May 22, 23, 24, & 26 – 2014. The carnival is scheduled to be held at Welcome/Field, Pawtucket Blvd. John Flynn was present. Mr. Flynn answered questions from the Commission, one of which he responded that Fiesta Shows has held a carnival in Lowell annually since 1971. Mr. Flynn stated that the certificate for the mechanical rides from the Massachusetts Department of Public Safety will be issued soon, a copy to be forwarded to the License Commission office, and a certificate of insurance, and that the City of Lowell is to be the certificate holder. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the license application of Dean & Flynn, d/b/a Fiesta Shows, for carnival May 22, 23, 24, & 26 – 2014. The Commission reviewed the application by Geraldo Magela DeAlmeida, d/b/a Carway Auto Center, for a second hand motor vehicles, used car Dealer license, Class II, for premises at 121 Tanner Street, premises described as an open lot of 47,000 sq. ft. for storage, and two stall garage, one story office building. Mr. DeAlmeida was present, accompanied by a male associate to help with communication. Commissioner Akashian and Commissioner Descoteaux discussed with Mr. DeAlmeida the number of vehicles allowed at 121 Tanner St. There was discussion between Commissioner Akashian, Commissioner Descoteaux, the Executive Secretary, Mr. DeAlmeida and Mr. DeAlmeida’s associate about the used car Dealer premises at 50 Perry Street, Lowell. Mr. DeAlmeida is presently licensed as a Class II licensee at 50 Perry St. [license # 729-B], a limit of fourteen (14) vehicles per order of the License Commission. The Commission questioned if Mr. DeAlmeida had been cited for too many vehicles at 50 Perry St. Mr. DeAlmeida’s associate stated there was one occasion when the licensee had been over the limit. Mr. DeAlmeida confirmed that he has a one (1) year lease agreement with the landlord, Ralph J. Tucci, Sr., for 121 Tanner St., and has a bond as a used car Dealer in accordance with MGL c. 140, s. 58. Page of 4 of 6 License Commission minutes for March 13, 2014 On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission voted to cancel the Class II license, # 743-B, granted and issued for 2014 to Lowell Used Auto Parts Inc., Ralph J. Tucci, Sr., President, for premises for 121 Tanner St., an open lot of 47,000 sq. ft. for storage, and two stall garage, one story office building; with conditions per order of the License Commission of a maximum number of motor vehicles for sale/storage at 100; no junk motor vehicles or parts thereof. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission voted to grant a second hand motor vehicles license, Class II, used car Dealer, license # 745-B, to Geraldo Magela De Almeida, d/b/a Carway Auto Center, premises at 121 Tanner Street, open lot of 47,000 sq. ft. for storage, & two stall garage, one story office building; with conditions per order of the License Commission of maximum number of motor vehicles for sale/storage is 100; no junk motor vehicles or parts thereof. The Commission acknowledged as received the communication from Atty. George Theodorou, 133 Market St., Lowell, dated March 6, 2014, requesting a continuance of hearing scheduled for March 13, 2014 regarding SP Entertainment, Inc., d/b/a Savanna Palace, 25 Market St. The Commission ratified the agreement as recorded in the communication sent by the Executive Secretary, dated March 10, 2014, to Atty. George Theodorou, 133 Market St., Lowell, which acknowledged his request for continuance of hearing for SP Entertainment, Inc., and that continuance is granted as a result of the polling via email from Executive Secretary to each member of the License Commission; hearing is continued to April 10, 2014 at 6:30 p.m. to be held in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St. on the allegations of misconduct against SP Entertainment, Inc., d/b/a Savanna Palace, Shayne Cranmore, Manager, 25 Market St., all alcoholic beverages Restaurant licensee, as charged by William M. Taylor, Superintendent of Police. The Commission was prepared to proceed with the hearing on the allegations of misconduct against Hayhurst Group Inc., d/b/a Finn's Pub, Kevin Hayhurst, Manager, 76-86 Merrimack St., all alcoholic beverages Restaurant licensee, as charged by William M. Taylor, Superintendent of Police, for violations of Section 1.20 of the Lowell License Commission Regulations, to wit, Illegal Activities. Kevin Hayhurst was present. Captain Kennedy requested Page of 5 of 6 License Commission minutes for March 13, 2014 the hearing be continued after “the Court disposal” of a criminal complaint against Kevin Hayhurst which is set for trial on May 1, 2014. Commissioner Akashian stated the criminal complaint has nothing to do with this incident. Asst. Solicitor Veloso stated the criminal matter stayed until May 1, [a] resolution of the [allegations from the Superintendent] is moot [if criminal complaint finding is guilty]. Commissioner Akashian stated the [Superintendent’s complaint] is a separate incident . . . how is it a moot matter. Asst. Solicitor Veloso stated if the criminal matter pending, [there is a finding] guilty, it would negate his [Kevin Hayhurst] ability to serve as manager of any licensee, as a result [of a finding on the Superintendent’s complaint] is moot. Commissioner Krieger stated he is concerned we all agree that [licensee] contact police if there is an altercation . . . the licensee is re-appearing [for similar complaint in 2013]. Commissioner Descoteaux asked about extra detail. Commissioner Akashian asked of any incidents since [November 28, 2013]. Captain Kennedy stated the police to work together with Mr. Hayhurst with detail Thursday, Friday, and Saturday. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission voted to continue the hearing to May 8, 2014. Commissioner Akashian asked if anyone here would like to speak on the matter; there was no one to speak. The Commission reviewed the application by Chelmsford Street Quick Mart, Inc., Johnny Kayrouz, President, for a malt beverages & wines only Package Store license, for premises at 309 Chelmsford Street, a single story building approx. 1318 sq. ft., and unnumbered door at Chelmsford and Hutchinson Streets. The Commission reviewed the application by L’Aigle D’Or, Inc., Michael D. Long, Vice President, all alcoholic beverages Restaurant licensee for premises at 645 Pawtucket Boulevard, for transfer of stock, i.e. sole shareholder conversion from corporation to limited liability company. The Executive Secretary informed the Commission that the Council Chamber may not be available for a meeting to be scheduled Thursday, March 27, 2014. The applications of Chelmsford Street Quick Mart, Inc. and L’Aigle D’Or, Inc. require published legal notices in accordance with Massachusetts General Law chapter 138. Each of the legal notices for publication will read that the hearing will be held in the Council Chamber on March 27th. Asst. Solicitor Veloso confirmed for the Commission when asked by Commissioner Akashian that posting [a] sign[s] stating the Page of 6 of 6 License Commission minutes for March 13, 2014 meeting room is the Mayor’s Reception Room will be acceptable because of its close proximity to the Council Chamber; each room is on the second floor of City Hall. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission ratified the publication of legal notices, the first for Friday, March 14 for the Chelmsford Street Quick Mart, Inc. application [applicant is to send notice to abutters], and the second for Monday, March 17 for L’Aigle D’Or application. Hearings are scheduled for March 27, 2014 at 6:30 p.m. Executive Secretary report . . . The Commission reviewed the email communication from Robert Marsilia, Building Commissioner, dated March 11, 2014, regarding food service permit to licensees for alcoholic beverages, i.e. hotels, restaurants, clubs, package stores. The Commission approved the inclusion of food service permit as required by the Division of Development Services in order for a licensee to be issued the annual alcohol beverages license. The Executive Secretary stated the White Eagle Café of Lowell, Inc., all alcoholic beverages Restaurant licensee at 585 Market St., paid fees by U.S. currency on March 12, 2014 for common victualler license, and license for entertainment in a licensed restaurant. On a motion by Commissioner Akashian, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:05 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].