License Commission

Minutes for the Lowell License Commission meeting held, Thursday, May 8, 2014 at 6:30 p.m. in the Mayor’s Reception Room, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Cliff Krieger, Commissioner, presiding, John Descoteaux, Commissioner, Captain Thomas Kennedy of the Lowell Police Department, Assistant City Solicitor Kerry Regan. The meeting convened at 6:30 p.m. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved minutes for meeting April 10, 2014. The Commission reviewed the applications for special one-day license to dispense wines only by Michael F. Dailey of Uncharted Gallery, 66 Merrimack St. for two events: Art Reception Nick Romanowsky, Friday, May 9, 2014 from 7 p.m. to 11:30 p.m.; Maria Fernanda “Flying” Art Reception, Saturday, May 17, 2014 from 4 p.m. to 11:30 p.m. Mr. Dailey was present. Commissioner Krieger questioned Mr. Dailey if he has had any problem with past events; Mr. Dailey stated that he had not. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved Michael Dailey’s two applications. The Commission reviewed special one-day license applications to sell and/or dispense malt beverages & wines only, or either one from the following applicants: Christine Trainor of Aramark for Sat., May 10, 2014 from 2 p.m. to 6 p.m.; the event is the UML Eames Hall Reunion to be held at 35 Standish Street; and for Wed., May 14, 2014 from 4 p.m. to 6 p.m.; the event is a retirement party to be held at UML Saab ETIC Atrium, 40 University Ave. Ms. Trainor was present. Kevin Camvan of the Wat Lao Mixayaram temple, 45 Bernier St. for Sat., July 5, 2014 from 12 noon to 8 p.m., the event is a fundraiser to be held on the temple grounds; and for Sun., July 6, 2014 from 12 noon to 8 p.m., the event is a fundraiser to be held on the temple grounds. Mr. Camvan was present. Commissioner Descoteaux questioned Mr. Camvan about the security measures to be taken particularly because the temple grounds are in a residential neighborhood. Mr. Camvan stated that there will be a police detail presence to watch the area during the two days of the fundraiser. The Commission explained to Mr. Camvan the necessity of obtaining the alcohol beverages from a state licensed distributor; Executive Secretary stated a list of distributors will be given to him pa g e 1 of 5 L ic e ns e Com m is s io n m inut es f or M a y 8, 20 14 when he returns to the office to receive the licenses. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved applications of Christine Trainor and Kevin Camvan. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment from Middlesex Community College, Mary-Jo Griffin, Director, for Spring Fling at Lowell campus quad, 33 Kearney Sq., Friday, May 9, 2014 from 10 a.m. to 2 p.m. Patrick Cook, representative, present; and from Temple Wat Lao Mixayaram of New England, Kevin Camvan, representative, for Saturday, July 5, and Sunday, July 6, 2014 from 12 noon to 8 p.m., each day, for a fundraiser on the grounds of temple at 45 Bernier St. Commissioner Krieger and Commissioner Descoteaux advised each individual that the events of which they have interest should be managed so that sound amplification is kept at a reasonable level. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved applications for sound amplification. The Commission opened the public hearing on 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. Legal notice published April 25, 2014. It is requested that Cuifeng Xie be approved as manager for Rising Sun Super Corporation. The following minor license application has been filed for common victualler, and entertainment in a licensed restaurant for recorded music, television, cd-music. The following individuals were present: Cuifeng Xie, Ruiquan Chen, and Atty. Chris Coleman, legal counsel for Rising Sun. Attorney Coleman stated that the transfer of the [beer/wine] license for the restaurant at 16 Merrimack St. will not change hours of operation 11 a.m. to 12 a.m.; seating capacity 65; there will be cosmetic changes. Attorney Coleman stated that Ms. Xie has experience in working in a restaurant from 2005 to 2010; she has had T.I.P.S. training. Ms. Xie addressed the Commission; she stated she is from Quincy. When asked by Commissioner Descoteaux about the staff, Atty. Coleman stated some of the staff will be kept. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved the application for transfer of license for calendar year to end December 31, 2014 from Kyoto Japanese, Inc., d/b/a ETSOGO Sushi & Asian Cuisine, to Rising pa g e 2 of 5 L ic e ns e Com m is s io n m inut es f or M a y 8, 20 14 Sun Super Corporation, d/b/a Miyo Asian Cuisine, Cuifeng Xie, President, for premises at 16 Merrimack St., unnumbered door south side; first floor-dining room and sushi bar; service area, kitchen, cooler/freezer area, office. Approved by the Commission: Cuifeng Xie as manager of record for Rising Sun Super Corporation; common victualler license for Rising Sun Super Corporation for calendar year 2014; entertainment license for recorded music, television, cd-music. The Commission reviewed the application by Hookslide Kelly’s, LLC, all alcoholic beverages Restaurant licensee at 19 Merrimack St., for change of manager to Matthew J. McCarthy of Lowell, MA. Present were Brian McInerney, owner and manager of the LLC, and Matthew McCarthy, a Lowell resident. Mr. McInerney stated that Hookslide will re-open. Mr. McCarthy spoke of his experience as manager and owner of a licensed establishment; the restaurant will offer craft beers. Commissioner Krieger asked about the structural problems that were documented in December 2013; Mr. McInerney stated there have been repairs of the roof, and the interior where there had been damage caused from water entering. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission approved Matthew McCarthy as the manager of record for Hookslide Kelly’s, LLC. The Commission reviewed applications by Mera A. Som for old gold, silver, and platinum license, and license for pawnbroker for premises at 183 East Merrimack St. Ms. Som was present. The Commission discussed with Ms. Som her past business in Lowell at 183 East Merrimack, and her tenancy presently at said address. Ms. Som stated that she would like to withdraw her application for a pawnbroker’s license [without prejudice], but would like to have the old gold license as a sole proprietor; she acknowledged after a question from the Executive Secretary that she is a tenant at will, and could be asked to vacate the store by the landlord presently or by a future owner because the property is for sale. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the license for old gold, silver, and platinum was granted to Mera A. Som for 2014- 2015 at premises 183 East Merrimack Street. The Commission took no action on the matter of the application for pawnbroker. pa g e 3 of 5 L ic e ns e Com m is s io n m inut es f or M a y 8, 20 14 The Commission discussed a communication from Atty. John F. Paczkowski, dated April 15, 2014 in behalf of Salt, Inc., Alan Marcotte, President, 970 Gorham St., Lowell, MA which is a request to re-apply for license for malt beverages and wines within one year of the date of prior application. The Commission heard from Atty. Paczkowski and Mr. Marcotte, who were present. At the conclusion of a discussion, on a motion by Commissioner Descoteaux, second by Commissioner Krieger, it was voted to exercise their discretion as written in section 15A of chapter 138, MGL by allowing Salt, Inc., Alan Marcotte, President, to file application prior to October 22, 2014 for license for a malt beverages and wines only Package Store for premises at 970 Gorham Street. The Commission reviewed communications from William M. Taylor, Superintendent of Police, re allegations of misconduct against SP Entertainment Inc., d/b/a Savanna Palace, Shayne Cranmore, Mgr., all alcoholic beverages Restaurant licensee at 25 Market Street [letter dated April 9, 2014], and against Resendes Incorporated, d/b/a Red Line Pub & Grill, John M. Resendes, Mgr., all alcoholic beverages Restaurant licensee at 1018 Gorham Street [letter dated April 23, 2014]. On a motion by Commissioner Descoteaux, second by Commissioner Krieger, the Commission voted to schedule a hearing for each licensee to be held on Thursday, June 12, 2014 at 6:30 p.m. in the Council Chamber. The Commission reviewed and ratified the date of publication for legal notices in the local newspaper for the following license applications; date of publication May 9, 2014, and hearings to be held Thursday, May 22, 2014 at 6:30 p.m. in the Council Chamber: - Mariachi Foods, Inc., d/b/a El Potro Mexican Grill, Joseph M. Carreiro Jr., Mgr., all alcoholic beverages Restaurant licensee, premises at 124 Merrimack Street, for alteration of premises, i.e. sidewalk seating area. - Amae Restaurant, LLC, d/b/a Black Koi Restaurant & Lounge, Thu Quoc Vu, Mgr., all alcoholic beverages Restaurant licensee, premises at 602 Merrimack Street, for alteration of premises, i.e. sidewalk seating area. pa g e 4 of 5 L ic e ns e Com m is s io n m inut es f or M a y 8, 20 14  - Club des Citoyens Americains, Inc., Armand Menard, President, all alcoholic beverages Club licensee for change of location from 619 Market Street to 731 Lakeview Ave. The Commission voted to ratify the continuance of the hearing for two-weeks per request of Atty. Ray Weicker, who is legal counsel for the licensee, on the allegations of misconduct against Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin Hayhurst, Manager, 76-84 Merrimack Street, all alcoholic beverages Restaurant licensee, as charged by William M. Taylor, Superintendent of Police. Attorney Weicker filed request via email on May 6, 2014 at 7:16 p.m. Mrs. Ann Marie Page and Ms. Susan Purdy, members of the Citywide Neighborhood Council, stated their concern about allowing Finn’s Pub a continuance March 13, 2014 and this evening. As explained by the Commission, a continuance granted in March and this evening are related to two different complaints received from the Superintendent of Police. At the conclusion of regular business at 7:30 p.m., on a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission voted to enter into executive session to discuss strategy regarding pending City litigation, public discussion of which may have a detrimental effect on the litigating position of the City, vote: ayes – Commissioner Krieger, Commissioner Descoteaux. At 7:55 p.m., on a motion by Commissioner Krieger, second by Commissioner Descoteaux, the Commission voted to end the executive session, vote: ayes – Commissioner Krieger, Commissioner Descoteaux. On a motion by Commissioner Krieger, second by Commissioner Descoteaux, it was voted to adjourn the meeting at 7:56 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting]. pa g e 5 of 5 L ic e ns e Com m is s io n m inut es f or M a y 8, 20 14