License Commission

Minutes for Lowell License Commission meeting, Thursday, April 10, 2014 at 6:30 p.m., 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, Assistant City Solicitor Kerry Regan.. The meeting convened at 6:30 p.m. The Commission reviewed the minutes for meeting of March 27, 2014. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission voted to insert in said minutes the statement from legal counsel [Michael Zaim, Esq.] at the hearing for Chelmsford Street Quick Mart, Inc.: “BP [company] does not allow advertisement in window[s] of [convenience store].” Motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission voted to approve minutes for March 27, 2014, as amended. The Commission reviewed the application by Merrimack Repertory Theatre, Inc., Laura Polan, representative, for Charity Wine Pouring license, for June 21, 2014 at Aramark Educational Services, LLC, Inn and Conference Center, 50 Warren Street. Laura Polan was present. Commissioner Akashian asked if this was the same type of license for which had been filed for the MRT in 2013. Ms. Polan stated yes. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the application by the Merrimack Repertory Theatre, Inc. for Charity Wine Pouring license, for June 21, 2014. The Alcoholic Beverages Control Commission, in accordance with Massachusetts General Law chapter 138, is to approve the application as well. The Commission reviewed the special one-day license application to dispense Wines only from the following individuals: Steve Syverson [present], President, Arts League of Lowell, for premises at 307 Market Street, for the following events: Saturday, May 17, 2014 from 4 p.m. to 6 p.m., the event is Artists reception - Transformations Sat., June 21, 2014 from 4 p.m. to 6 p.m., the event is Artists reception – All Creatures: Real and Imagined Sat., August 23, 2014 from 4 p.m. to 6 p.m., the event is Artists reception – Elements III – On and Off the Wall Patricia Donahue [present] of Zeitgeist Gallery, for premises at 167 Market Street, for the following events: Saturday, May 3, 2014, 1 p.m. to 7 p.m., art reception Sat., May 31, 2014, 6 p.m. to 9 p.m., fashion show Sat., June 14, 2014, 6 p.m. to 9 p.m., art reception Jason Hantzis [present] of Lowell Cultural Council, for premises at MRT rehearsal space, 132 Warren Street, for Wednesday, April 16, 2014 from 6 p.m. to 8 p.m., LCC reception. Commissioner Akashian addressed each individual with the reminder that each is responsible for the serving of the wine. Commissioner Krieger addressed Mr. Syverson about the response he has been receiving for prior events. Mr. Syverson stated it has been very positive. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission approved the licenses for the dispensing of Wine only. The Commission reviewed the special one-day license applications to sell and/or dispense malt beverages & wines only, or either one from: Rev. Raymond P. Benoit [present] of St. Margaret School, 486 Stevens Street, for the 2014 Distinguished Graduate Award Dinner, Saturday, May 17, 2014 from 5 p.m. to 8 p.m., to be held at the John J. Nangle Hall at St. Margaret School. David Perry [present] of Vinyl Destination LLC for Saturday, April 19, 2014, 8 p.m. to 12 midnight; the event is Tread & Groove to be held at 4th floor, Mill No. 5, 250 Jackson Street. Andrew J. Ambrosino [present] for Sunday, April 27, 2014, 1 p.m. to 9 p.m.; the event is TEDxLowell (tedxlowell.com) to be held at United Teen Equality Center, 34 Hurd Street. Emanuel R. Andrade [present] of the Greater Lowell United Football Club, the venue - Cawley Stadium, Douglas Road, for: Soccer game, Saturday, May 10, 2014, 7 p.m. to 10 p.m. Soccer game, Sunday, May 25, 2014, 4 p.m. to 7 p.m. Soccer game, Saturday, May 31, 2014, 7 p.m. to 10 p.m. Commissioner Akashian addressed each applicant; each individual informed of his responsibility for the sale and service of alcoholic beverages. Rev. Benoit of St. Margaret stated the event has been held annually. Mr. Andrade stated that he has the Budweiser distributor, and that T.I.P.S. trained servers would dispense beer at each event. When asked by Commissioner Akashian, Mr. Ambrosino stated that mostly adults are expected to attend the event. Commissioner Akashian questioned Mr. Perry about the event at Mill No. 5. Mr. Perry stated that it is for the vendors of clothing and records; an all-day attendance in the past has been about 600 people. [Temporary occupant load for the 4th floor per Lowell Building Commissioner is 180] Mr. Perry stated that his business partner would be contacting a distributor. Commissioner Akashian advised each applicant to have the business telephone number of the Lowell Police department on their cell-phone a response from Lowell police is needed. Commissioner Akashian discussed with Mr. Andrade the matter of patrons at each soccer game, and the need to monitor their behavior when serving beer. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the licenses for Rev. Raymond P. Benoit of St. Margaret School, David Perry of Vinyl Destination LLC, Andrew J. Ambrosino of tedxlowell.com, and Emmanuel R. Andrade of the Greater Lowell United Football Club. The Commission reviewed the application for license for Public Amusement for Fair by Saint Margaret School for the St. Margaret School Family Festival, to be held on school grounds at 486 Stevens St., Wed., April 23 – 6 p.m. to 9 p.m., Thurs., April 24 – 6 p.m. to 10 p.m., Fri., April 25 – 6 p.m. to 10 p.m., Sat., April 26, 2014 – 12 p.m. to 10 p.m. Carol Wemmitt, representative, was present. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the Fair license for the St. Margaret School Family Festival. The Commission reviewed the special events permit for amplified outdoor entertainment by the Lowell Transitional Living Center, 205-209 Middlesex St., for sound system for disc jockey, Sunday, June 8, 2014 from 10 a.m. to 5 p.m. The event is Steps to Home – Walk to End Homelessness, and the outdoor venue is the parking lot at Canal and Jackson Streets. Philip Maynard, LTLC representative, was present. Mr. Maynard stated it will be the 3rd year for the event. Commissioner Akashian reminded Mr. Maynard that the event organizers should use common sense with the amplification. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission approved the special events permit for the Lowell Transitional Living Center. The Commission reviewed the application for Old Gold, Silver, Platinum for the license period of May 1, 2014 to April 30, 2015 from Paul R. Savary, d/b/a Schiller Jewelers, at 302 Market Street. Paul Savary was present. The Executive Secretary stated that Mr. Savary had not been licensed for precious metal since approximately 2009. When Mr. Savary had not filed his renewal in [2009] there was no follow-up notice from the License Commission office. Mr. Savary indicated to the Commission that he did receive his application to renew. Commissioner Krieger asked if the fees for prior years should be paid. The Executive Secretary stated unlike property tax, there would be no recourse to collect for prior years. Mr. Savary related the business practice of consignment of jewelry owned by patrons of his business. Patrons will leave personal items for display in the store window, if Mr. Savary sells a displayed item, he receives a commission. If there is no sale, the item is returned to the patron; there is no charge. Commissioner Descoteaux asked Asst. City Solicitor Regan about the legal practice of consignment. There was discussion between License Commission and Executive Secretary about the applicable license to allow for consignment. Commissioner Descoteaux asked Mr. Savary if he itemizes the jewelry. Mr. Savary acknowledged that he does itemize the jewelry. On a motion by Commissioner Descoteaux, second by Commissioner Akashian, to request a ruling from the Law department on the practice of consignment, and if licensing for consignment may be addressed by license for old gold, silver, platinum, or other license, either for second hand articles, or for pawnbroker; motion voted by Commissioner Descoteaux, Commissioner Akashian, Commissioner Krieger. The Commission approved the matter be taken up on May 8, 2014. On a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission approved the license for Old Gold, Silver, and Platinum for 2014-2015 to be issued to Paul R. Savary, for premises at 302 Market Street. Commissioner Akashian recused himself on the application by Smith Kids, LLC due to the law office for which he is employed having performed legal work on the matter of said application. The Commission reviewed the application for Second Hand Motor Vehicles: Used Car Dealer, Class II, by Smith Kids, LLC, Philip Smith, Manager, for premises at 47 Aiken Ave., open lot approximately 2,400 sq. ft.; building with office area 8 ft. by 10 ft. Licensee for 2014 is Chappy’s Auto Repair, Inc., Jean R. Chaput, President, license # 372- B. The following individuals were present: Philip Smith, Jean Chaput, and Atty. Phil Nyman, legal counsel for Smith Kids, LLC. Atty. Nyman stated that Mr. Smith and Mr. Chaput will close on the sale of the business sometime next week; Chappy’s is to turn-in the license; Mr. Smith has a used car lot in North Chelmsford; Chappy’s has run a good business. Atty. Nyman stated further that the move to Lowell by Mr. Smith is to give better service in Lowell and Chelmsford. Atty. Nyman cited two existing lots, and the intended use; a discussion ensued amongst Commissioner Krieger, Commissioner Descoteaux, Attorney Nyman and Executive Secretary as to the use of said lots as it may relate to the zoning ordinance. It was recommended by the Commission that the Office of Development Services be consulted regarding the matter of zoning for premises at 47 Aiken Ave. A motion by Commissioner Descoteaux, second by Commissioner Krieger, to approve the application by Smith Kids, LLC for premises at 47 Aiken Ave. passed on votes by Commissioner Descoteaux and Commissioner Krieger. Commissioner Akashian was present. The Commission reviewed the application for Second Hand Motor Vehicles: Used Car Dealer, Class II, by Addyer Esteban Gonzalez, d/b/a A & A Auto Sales, for premises at 18 Rock St., open lot approximately 5,000 sq. ft. with office in building approx. 200 sq. ft. Licensee for 2014 is Esmelin Surun, d/b/a E-N-V Auto Sales, license # 682-B; license is subject to the conditions 1) maximum number of motor vehicles is 16, vehicles to be parked diagonally, each side, no vehicles in middle of lot; 2) no junk vehicles, or parts thereof. The following individuals were present: Addyer Esteban Gonzalez and Esmelin Surun. Mr. Gonzalez indicated to the Commission that he has been in the business for seven years; the reason for opening the business in Lowell is in part a good rental agreement. Commissioner Akashian addressed the matter of the fence in need of repair. A motion by Commissioner Krieger, second by Commissioner Akashian, to approve the application by Addyer Esteban Gonzalez for premises at 18 Rock Street passed on a unanimous vote of the Commission. The Commission authorized the surrender for cancellation of the Class II used Car Dealer license # 682-B issued to Esmelin Surun upon issuance of license to Mr. Gonzalez. The Commission reviewed the application for transfer of a malt beverages & wines only Restaurant license from Kyoto Japanese, Inc., d/b/a ETSOGO Sushi & Asian Cuisine, Steven Lin, President, for premises at 16 Merrimack Street, to Rising Sun Super Corporation, d/b/a Miyo Asian Cuisine, Cuifeng Xie, President. It was voted to have legal notice published in the local newspaper on April 25, 2014, and public hearing to be held on May 8, 2014. The Commission opened the hearing continued from March 27, 2014 on 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 opened the hearing 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, for violation of section 1.20 of the Lowell License Commission Regulations, to wit, Illegal Activities; section 2.12 of the Lowell License Commission Regulations, to wit, Promoter Events; and 204 CMR 2.05 (2), permitting an illegality on the licensed premises, to wit: a transfer of the privilege of the license without the approval of the Lowell License Commission in violation of MGL, chapter 138, section 23. The following individuals were present: Shayne Cranmore, Atty. George Eliades, and Atty. George Theodorou. Atty. Theodorou, legal counsel for SP Entertainment, Inc., did stipulate to the licensee working with the Lowell Police. Captain Kennedy read the Superintendent of Police summary dated January 13, 2014 of the December 1, 2013 incident. The Lowell Police Department did an investigation of the altercation. Atty. Theodorou stated the victim of the altercation never claimed injury; at 1:25 a.m. patrons involved in a disturbance removed from the premises by employees; after lights turned-on, all patrons removed, police came to scene; police questioned Mr. Cranmore but no one came to him [Cranmore] to report an incident. Atty. Theodorou stated that Mr. Cranmore was made aware the next day that two people were in an altercation; the next day Mr. Cranmore submitted a report . . . did think there was anything more to report; police investigated matter. There was a nine-member security detail on the premises. Atty. Theodorou stated it is a grey area in use of a promoter; Mr. Cranmore hired someone to coordinate entertainment; d.j. is paid a set fee for entertainment . . . to advertise does interpret [as] a use of a promoter. Atty. Theodorou submitted letters of recommendation. Atty. Eliades stated to make a point that the chief of security if there was a stabbing . . . it occurred outside; no evidence of stabbing took place inside; an employee took victim to hospital. Commissioner Akashian question to Captain Kennedy . . . Captain Kennedy stated in reading the police report there is no blood inside or outside. Atty. Theodorou stated neither one of the victims have come forward. Commissioner Descoteaux question to Captain Kennedy . . . Captain Kennedy stated from the police perspective we have fact and circumstances, vary quite remarkably; [licensee] under legal mandate to report to police department. Atty. Theodorou stated Mr. Cranmore was not aware when police arrived that anyone was stabbed. Commissioner Akashian question to Atty. Theodorou . . . who took individuals to hospital; Atty. Theodorou stated Mr. Louis Reyes took victim to hospital. Commissioner Akashian stated there have been no issues in the past; if there is a little scuffle call police to cover you. Lowell Police Detective Corey Erickson appeared at the hearing to answer questions, stated [there is] evidence that the promoter was getting a cut of door receipts. Atty. Theodorou stated Mr. Cranmore paid everyone there [including] security. Shayne Cranmore stated he has owned the business four years; the word ‘promoter’ is loosely used . . . always been my employees. Commissioner Akashian question to Mr. Cranmore . . . you didn’t police cover, who is collecting money? Commissioner Descoteaux question to Mr. Cranmore . . . Mr. Cranmore stated he pays the promoter. Commissioner Krieger question to Mr. Cranmore . . . Mr. Cranmore stated the promoter advertises [via] social media. Commissioner Krieger question to Captain Kennedy . . . Captain Kennedy stated the written report – significant disturbance [occurred]. Commissioner Akashian stated that a violation of License Commission regulation 1.20 occurred when the licensee did not call the Lowell police department when the disturbance was taking place on the licensed premises. Commissioner stated the business has a good reputation; you don’t want to lose it . . . on a motion by Commissioner Akashian, second by Commissioner Descoteaux, the Commission voted to suspend for one (1) day the license for all alcoholic beverages Restaurant, and to hold said day in abeyance for six (6) months [October 10, 2014] for violation of Lowell License Commission regulation for alcoholic beverages 1.20 Illegal Activities. The Commission reviewed a communication from William M. Taylor, Superintendent of Police, re allegations of misconduct against Finn’s Pub, 76 Merrimack St. A motion by Commissioner Krieger, second by Commissioner Descoteaux, to hold the hearing for Thursday, May 8, 2014 at 6:30 p.m. passed on votes by Commissioner Krieger and Commissioner Descoteaux. At the conclusion of regular business, Commissioner Cliff Krieger and Commissioner John Descoteaux expressed their appreciation to Commissioner Brian Akashian for his service on the License Commission [since January 8, 2008], and for his wise counsel as Chairman. Atty. Michael Zaim and Atty. George Eliades stated their appreciation to Commissioner Akashian. A member of the downtown residence association, Susan Purdy, (Secretary Note) was present to offer her appreciation to Commissioner Akashian for his service to the Lowell community. Executive Secretary Wynn stated he will miss Commissioner Akashian presence on the License Commission. [Commissioner Akashian delivered a letter of resignation to the Acting City Manager Michael Geary on April 3, 2014, effective April 18, 2014]. On a motion by Commissioner Krieger, second by Commissioner Akashian, it was voted to adjourn the meeting at 8:20 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].