License Commission

Page 1 of 4 Lowell License Commission minutes March 27, 2014 Minutes for Lowell License Commission meeting, Thursday, March 27, 2014; 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 Thomas Kennedy of the Lowell Police Department. The meeting convened at 6:30 p.m. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission approved the minutes for the meeting of March 13, 2014. The Commission reviewed the application for special events permit for amplified outdoor entertainment from Sambath Bo of CMAA/Clemente Park Committee, for sound system for band, singing performers, public address. The event is the Annual 3rd Khmer New Year Celebration to be held at Roberto J. Clemente Park, 803 Middlesex Street, Saturday, April 12, 2014, with a rain date Sun., April 13, 2014; the hours for the event are 12:00 noon to 7:00 p.m. Sambath Bo was present. Commissioner Akashian reminded Ms. Bo that Clemente Park is located in a mixed-use area, and that [organizers] should use common sense managing the volume of the sound system. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission approved the special events permit for Sambath Bo of CMAA/Clemente Park Committee for April 12, and the rain date of April 13, 2014. The Commission opened the public hearing on 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. Gail Malatesta, manager of record for L’Aigle D’Or, Inc., was present. The Executive Secretary addressed the Commission about the communication the License Commission office received from legal counsel for Brunswick Lowell on or about February 4, 2014 regarding the licensee’s [L’Aigle D’Or, Inc.] sole shareholder, Leiserv, Inc., and that there had been a “conversion” effective 1/1/2014, so that the sole Page 2 of 4 Lowell License Commission minutes March 27, 2014 shareholder is now Leiserv, LLC. The License Commission office was in communication with the Executive Director of the Alcoholic Beverages Control Commission, and that it was recommended by the ABCC Director that the local board follow the application process for a stock transfer. The Executive Secretary stated that he contacted legal counsel for the licensee, and subsequently an application was filed with the local board. A legal notice was published March 17, 2014 in the local newspaper in accordance with MGL chapter 138, section 15A. Commissioner Akashian addressed Ms. Malatesta; she confirmed that the licensee’s sole shareholder had recently completed the conversion. Commissioner Akashian asked if anyone present wished to speak in favor of the application or in opposition to the application. There was no one present to speak in favor or in opposition. The public hearing was declared closed, and on a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the application by L’Aigle D’Or, Inc. for the stock transfer/LCC conversion. The Commission opened the public hearing on 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, with unnumbered door at Chelmsford and Hutchinson Streets, a single story building approx. 1318 sq. ft. It is requested that Johnny Kayrouz be approved as manager of record for Chelmsford Street Quick Mart, Inc. Johnny Kayrouz and Atty. Michael Zaim, legal counsel for Chelmsford Street Quick Mart, Inc., were present. Commissioner Akashian engaged Attorney Zaim in a discussion about the matter of the legal notice published in the Lowell Sun newspaper on March 14, 2014 in which the applicant is to notify abutters and governing authority of school within 500’ of proposed premises. Atty. Zaim stated the mail notice may be in the [Lowell] School Department. There was no return receipt received by Atty. Zaim from the School Department. Chairman Akashian stated the Commission will proceed with the hearing. Page 3 of 4 Lowell License Commission minutes March 27, 2014 Atty. Zaim stated that his client is seeking a beer and wine Package Store license for the convenience store at 309 Chelmsford St.; there is a high volume of foot traffic, as well as there being a busy gas station. Atty. Zaim stated that Mr. Kayrouz has made a significant investment; there will be a new shop- [erected near the present building]; he [Kayrouz] has a long history as a business owner. There have never been issues with any stores . . . the beer and wine would be for the customers’ convenience. Commissioner Akashian questioned Mr. Kayrouz about the number of stores he has owned. Mr. Kayrouz stated 20 stores, and he has had 6 licenses before . . . [not all Massachusetts based businesses]. Commissioner Akashian questioned about what methods to check for customer ID; Mr. Kayrouz stated Alcohol Prevention Care methods in order to properly check ID. Commissioner Akashian asked about violent activity in the location. Atty. Zaim stated [one] incident involved shooting – a random spot; another incident, someone came to rob store, store clerk jumped bad guy, weapon left by [bad guy] . . . paper by virtue of location. Commissioner Akashian asked if the matter is of concern to the Lowell Police Department. Captain Kennedy stated location of crime had nothing had nothing to do with business. Commissioner Akashian asked how many kids from school enter the store. Mr. Kayrouz stated [kids] come in for candy and soda. Commissioner Akashian stated the standard [for an original license] is public need . . . cites 3 locations for retail stores [Silva, Chuck’s, 7-11]. Atty. Zaim states client have customers who find it would be convenient for them. Commissioner Descoteaux asked about the marketing of [beer/wine] outside store front. Mr. Kayrouz commented about the existing store. Atty. Zaim stated the new store to be erected in place of existing store, there will be limiting the advertisement on the exterior . . . “BP [company] does not allow advertisement in window[s] of [convenience store].” Commissioner Akashian opened the hearing for public comment; three individuals addressed the Commission, each spoke of the convenience of the store location to his/her place of residence. Each person is a patron of the store. One individual commented that the business hires people who live Page 4 of 4 Lowell License Commission minutes March 27, 2014 locally. There was no one to speak in opposition to the application. The public commentary portion of the hearing was closed. Commissioner Akashian asked for a motion to continue the hearing to April 10, 2014 to allow for the applicant’s legal counsel to send written notice to the Superintendent of Schools about the necessity of submitting a written objection to the local licensing authority to prevent the issuance of the license in accordance with section 15A of chapter 138, MGL. Commissioner Krieger made the motion to continue hearing to April 10, 2014, second Commissioner Descoteaux, so voted. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 6:55 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].