License Commission

Minutes for the Lowell License Commission meeting held Thursday, June 12, 2014 at 6:30 p.m. in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Cliff Krieger, Commissioner, presiding, Kristen M. Hogan, Commissioner, Terrence J. McCarthy, Commissioner, Captain Thomas Kennedy of the Lowell Police Department Absent: John Descoteaux, Chairman The meeting convened at 6:30 p.m. Commissioner Krieger introduced Kristen Hogan and Terrence McCarthy as new members of the License Commission; each Commissioner was confirmed by the City Council on June 3, 2014 upon the appointment by City Manager Kevin Murphy. Commissioner Krieger made the motion to continue the matter of minutes for the meeting of May 8, 2014 to the meeting to be scheduled for June 26, 2014, second by Commissioner Hogan, so voted. The Commission reviewed for ratification the issuance of the special events permit for amplified outdoor public entertainment for ratification, the permit having been issued by the Executive Secretary on June 10, 2014, to Jackson, Appleton, Middlesex Business & Residents Association, Karen Bell, representative, for Wednesday, June 11, 2014 from 4 p.m. to 8 p.m., the event was Jambraree with Lowell Community Charter School performances, to be held on Jackson St. and Appleton Mills Courtyard, request for sound system for music. For the Holy Ghost Society, Olimpio Brasil, representative, outdoor grounds at Holy Ghost Park, 65 Village Street, request for sound system for music, for the Brazilian Show, Sunday, June 1, 2014 from 12 noon to 10 p.m., permit issued May 23, 2014, and for the Pentecost Dinner, Sunday, June 8, 2014 from 12 noon to 10 p.m., permit issued June 4, 2014. Mr. Brasil was present; he was questioned by Commissioner Krieger about the sound having been out of limits [on June 1st]. Mr. Brasil stated the person having control of the sound was asked to turn it down, and stated the sound was shut down at 7:00 p.m. Mr. Brasil also stated that police were helping to deal with it; prior to the sound being shut down, the person was told two or three times to turn it down. After the Commission heard the comments of Mr. Brasil, Commissioner Krieger made the motion for ratification of the special events permits issued, second by Commissioner Hogan, so voted. The Commission reviewed applications for special events permit for amplified outdoor public entertainment from the following applicants: Global Spectrum, Dean Easterling, Event Manager, for Friday, June 13, 2014 from 5:30 p.m. to 7:30 p.m., with sound checks from 1 p.m. to 5:30 p.m.; the event is the East Coast Fighting Championship Block Party to be held in the front plaza at the Lowell Memorial Auditorium; there will be various live rock bands, performers. Global Spectrum, Dean Easterling, Event Manager, for Sunday, June 22, July 13, August 10, September 7 – 2014, from 4 p.m. to 6 p.m., with sound checks from 12 noon to 4 p.m.; the events comprise the Backyard Sunday River Festival to be held at the Tsongas Center North Lawn; there will be live bands, performers – casual listening. Dean Dairy Inc., d/b/a Heritage Farm, Robert J. Howard, Jr., President, Mrs. Howard, representative, for the parking lot at 163 Pawtucket Blvd., sound system for disc jockey for events that comprise Monstah Night, Wednesday, June 18, 25, July 2, 9, 16, 23, 30, August 6, 13, 20, 27, September 3, 10, 17, 24 – 2014 from 7 p.m. to 10 p.m. Enterprise Bank, Wayne Wizboski, representative, for Thursday, June 26, 2014 [rain date Friday, June 27] from 11 a.m. to 2 p.m., the event is a customer appreciation cook-out to be held in the parking lot adjacent to Bank at 222 Merrimack St., request for a sound system for disc jockey Athenian Corner Restaurant and Lounge, Inc., Ted Panagiotopoulos, representative, for the period May thru September 2014, hours limited by City Ordinance, to be held in the enclosed private parking lot adjacent to 207 Market St., request for sound system for musicians, band on the patio Stella LLC, d/b/a Centro, Tristan Block, representative, for Tuesday evenings 6 p.m. to 10 p.m., June to October, 2014, sound system for acoustic music, at the sidewalk seating area 24 Market St. MC Restaurants, Inc., d/b/a Cavaleiro’s Restaurant, Manny Cavaleiro, representative, outdoor amplified music for restaurant, sound system for band, jazz music, Saturday, June 14 to September 2014, 5 p.m. to 12 midnight. National Park Service, John Marciano, representative, for Lowell Summer Music Series, and Free Fun For Kids at Boarding House Park, French and John Streets, from June to September 2014, Wednesday 10 a.m. to 10 p.m., Thursday to Saturday 10 a.m. to 12 midnight, amplification for live music, sound system Lowell Festival Foundation, John Marciano, representative, for the Lowell Folk Festival, Fri., July 25, Sat., July 26, Sun., July 27, 2014; hours 10 a.m. to 12 mid on Friday, Saturday; 10 a.m. to 10 p.m. on Sunday, live music, sound system for outdoor venues at Boarding House Park, JFK Plaza, St. Anne’s Churchyard, Dutton Street Dance Pavilion, Market Street Stage, Lee Street Stage, The Street Performance Area @ John & Merrimack Sts., and The family Area at Mack Plaza. ATP Restaurant Inc., d/b/a Cobblestones, Robin E. Dupell, representative, sound system for band and/or disc jockey, the event is Cobblestones anniversary, Sunday, June 22, 2014 from 10 a.m. to 10 p.m., at the enclosed outdoor area in front of 91 Dutton St. ATP Restaurant Inc., d/b/a Cobblestones, Robin E. Dupell, representative, in conjunction with Lowell Folk Festival, Fri., July 25, Sat., July 26, Sun., July 27, 2014, hours for sound system for band and/or disc jockey not to interfere with Festival venues, enclosed outdoor area in front of 91 Dutton St. Mariachi Foods, Inc., d/b/a El Potro Mexican Grill, Joseph M. Carreiro Jr., Manager, in conjunction with Lowell Folk Festival, Fri., July 25, Sat., July 26, Sun., July 27, 2014, hours for sound system for band and/or disc jockey not to interfere with Festival venues, enclosed outdoor area in front of 124 Merrimack St. Holy Ghost Society, Olimpio Brasil, representative, outdoor grounds at Holy Ghost Park, 65 Village Street, request for sound system for music, for the following events: Holy Trinity Feast, Saturday, June 14, 2014 from 3 p.m. to 12 a.m. Holy Trinity Feast, Sunday, June 15, 2014 from 12 noon to 10 p.m. St. John Feast, Saturday, June 21, 2014 from 3 p.m. to 12 a.m. St. John Feast, Sunday, June 22, 2014 from 12 noon to 10 p.m. Commissioner Krieger addressed the following individuals who were present about the special events permit applications: Dean Easterling, Robert Howard, Wayne Wizboski, Ted Panagiotopoulos, Manny Cavaleiro, John Marciano, Robin Dupell, Joseph Carreiro, and Olimpio Brasil. Mr. Easterling explained the purpose for the sound check, and its short duration prior to the event. Mr. Marciano stated the events at Boarding House Park end approximately 10:30 p.m. when Commissioner Krieger asked if there had been any complaints. The matter of special events permits are in accordance with the City’s Noise ordinance stated the board secretary. Commissioner McCarthy questioned Mr. Cavaleiro about the effect the amplification has on the neighbors, advising Mr. Cavaleiro to watchful of the neighbor’s response. Commissioner Krieger questioned Mr. Cavaleiro about the Friday night activity. Mr. Cavaleiro stated it would not be for tomorrow night, June 13th. Commissioner McCarthy made the motion to grant the special events permits for amplification of sound to each of the applicants, second by Commissioner Hogan, so voted. The Commission reviewed applications for special one-day license to sell and/or dispense all alcohol beverages issued to Olimpio Brasil of the Holy Ghost Society, 65 Village Street, on May 23, 2014 for the following events: Sao Joao Queen Pageant, Saturday, May 24, 2014 from 6 p.m. to 1:30 a.m. Brazilian Show, Sunday, June 1, 2014 from 12 p.m. to 10 p.m. Pentecost Dinner, Sunday, June 8, 2014 from 12 p.m. to 10 p.m. Commissioner Hogan made the motion for ratification of the licenses issued to Olimpio Brasil of the Holy Ghost Society, second by Commissioner McCarthy, so voted. The Commission reviewed the applications for special one-day license to sell and or dispense all alcoholic beverages by Olimpio Brasil of the Holy Ghost Society for the following events: Holy Trinity Feast, Saturday, June 14, 2014 from 3 p.m. to 12 a.m. Holy Trinity Feast, Sunday, June 15, 2014 from 12 p.m. to 10:30 p.m. Saint John Feast, Saturday, June 21, 2014 from 3 p.m. to 12 a.m. Saint John Feast, Sunday, June 22, 2014 from 12 p.m. to 10:30 p.m. Mr. Brasil was present. The Commission reviewed the application by Francey Slater – Mill City Grows c/o YWCA of Lowell, for Thursday, July 10, 2014 from 5:30 p.m. to 7:30 p.m.; the event is Farm to cocktail party – fundraiser, to be held at Mill # 5, 250 Jackson St., 4th floor. Ms. Slater was present. Commissioner Krieger informed each applicant that their name will be on the license; they are the responsible manager. Commissioner Hogan made the motion to grant the licenses to Olimpio Brasil of the Holy Ghost Society and to Francey Slater of Mill City Grows, second by Commissioner McCarthy, so voted. The Commission reviewed the applications for special one-day licenses to sell and/or dispense malt beverages & wines only, or either one from the following individuals: Donna Julian [present] for Friday, June 13, 2014 from 5:30 p.m. to 7:30 p.m., the event is MMA – Block Party, the Riverside Terrace and/or front lawn area at Lowell Memorial Auditorium. Gerard Bisantz [present] of the Image Theatre Inc. for Thursday, June 19, 2014 from 6:30 p.m. to 9:30 p.m.; the event is Mill City Shorts, a short film night, locally produced, at Mill # 5, 250 Jackson St., 4th floor Marc Clermont [present] for Saturday, June 21, 2014 from 7 p.m. to 12 midnight, the event is the charity fund raiser dance for the Miracle Providers at 122 Western Ave. Christine Cheuk-Trainor [present] of Aramark for Saturday, June 21, 2014 from 10:30 a.m. to 4:30 p.m., the event is Great Race Car Show at Tsongas Center parking lot, and front stairs of 300 Martin Luther King Jr. Way Tracy Martino [present] of Aramark for Saturday, June 21, 2014 from 6 p.m. to 10 p.m., the event is UML Young Alumni Kayak Event at UML Bellegarde Boathouse, 500 Pawtucket Blvd. Tracy Martino [present] of Aramark for Friday, June 27, 2014 from 3 p.m. to 8 p.m., the event is a UML Retirement Party at UML Emerging Technology & Innovation Center, 40 University Ave. Bernard Nkwantah [present] of the Cameroon Social Club for Saturday, June 28, 2014 from 5 p.m. to 1 a.m., the event is a cultural celebration at Hellenic Cultural Center, 41 Broadway Scott Pelletier [present] of G & AA, LLC, d/b/a Fuse Bistro, for Friday, July 25, 2014 from 6 p.m. to 12 mid., enclosed outdoor area Palmer St. @ corner of Middle St., in conjunction with Lowell Folk Festival Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, for Saturday, July 26, 2014 from 12 noon to 12 mid., enclosed outdoor area Palmer St., @ corner of Middle St., in conjunction with Lowell Folk Festival Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, for Sunday, July 27, 2014 from 12 noon to 6 p.m., enclosed outdoor area Palmer St., @ corner of Middle St., in conjunction with Lowell Folk Festival Patrick Sheridan [present] for Sunday, July 27, 2014 from 9 a.m. to 5 p.m., the event is a cook-out/outing for the Greater Lowell Road Runners at the Shedd Park Pavilion [Board of Parks granted facility permit 5/28/14] Commissioner Hogan and Commissioner McCarthy questioned Gerald Bisantz about the event for Thursday, June 19th at Mill No. 5. There is a pending certificate of inspection required for the premises at Mill No. 5. Mr. Bisantz stated he is well aware of the matter; he anticipates the landlord will have the certificate prior to his event. Commissioner Hogan made the motion to grant the special one-day licenses to the following applicants: Donna Julian, Gerald Bisantz, contingent upon issuance of the certificate of inspection, Marc Clermont, Christine Cheuk-Trainor, Tracy Martino, Bernard Nkwantah, Scott Pelletier, and Patrick Sheridan, second by Commissioner McCarthy, so voted. The Commission reviewed the special one-day license applications to dispense Wines only from Donna Howard [present] for Thursday, July 10, 2014 from 7 p.m. to 9:30 p.m. for Gallery reception at Millworks Gallery @ Appleton Mills, 219 Jackson St., and from Karen Boutet [present] of Zeitgeist Gallery, 167 Market St. for the following dates: Saturday, June 21, 2014 from 6 p.m. to 9 p.m.; Saturday, July 12, 2014 from 6 p.m. to 9 p.m.; Saturday, August 2, 2014 from 6 p.m. to 9 p.m., and Friday, August 15, 2014 from 6 p.m. to 9 p.m. Commissioner McCarthy made the motion to grant the special licenses to dispense Wines only to Donna Howard and to Karen Boutet, second by Commissioner Hogan, so voted. The Commission opened the public hearing on the application by 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. Legal notice published 5-9-14, abutters notified, church, school within 500 ft. Joseph Carreiro was present. Commissioner Krieger opened the hearing for comments – a downtown resident of 88 Prescott Street spoke favorably of the application; there were no other individuals to address the matter. The public commentary portion of the hearing was closed by the Commission. On a motion by Commissioner McCarthy, second by Commissioner Hogan, it was voted to approve the alteration of premises by Mariachi Foods, Inc. to allow the sale and service of alcoholic beverages in the sidewalk seating area in front of 124 Merrimack Street, so voted. The Commission opened the public hearing on the application by 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. Legal notice published 5-9-14, abutters notified, school within 500 ft. Thu Quoc Vu was present. Commissioner Krieger opened the hearing for public commentary. There was no one to speak in favor or against the application. The public commentary portion of the hearing was closed by the Commission. On a motion by Commissioner Hogan, second by Commissioner McCarthy, it was voted to approve the alteration of premises by Amae Restaurant, LLC to allow the sale and service of alcoholic beverages in the sidewalk seating area in front of 602 Merrimack Street, so voted. The Commission opened the public hearing on the application by 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. Legal notice published 5-9-14, abutters notified, church within 500 ft. Armand Menard and Michael Meehan were present. Mr. Menard stated the club was organized in 1898, and would like to retain the alcohol license at the premises for 731 Lakeview Ave. Commissioner Krieger opened the hearing for public commentary. Two active members of the club addressed the Commission, each stating the club has had no problems with its membership or with the public at 619 Market St. Mr. Meehan addressed the Commission as the club manager. Commissioner McCarthy asked how many members, Mr. Meehan stated approximately 100 members. Commissioner Hogan asked about the active membership that frequents the club. Mr. Meehan stated between 8 and 10 members daily. Commissioner Krieger asked about the hours of operation, Mr. Meehan stated the club opens at 10 a.m. and will close at 12 midnight. Mr. Scott Conant Jr addressed the Commission, stated his concern is the parking lot adjacent to the business that he and his wife own which is the Cameo Diner at 715 Lakeview Ave. Mr. Conant stated he has not been asked by the club officials about permission to use the parking lot. Commissioner McCarthy questioned he [Mr. Conant] had trouble with the other establishment [Voices], Mr. Conant stated that he would have to pick-up glass in the lot but that there was nothing of an on-going problem with the previous establishment. Mr. Menard stated that the club officials are not interested in the Cameo Diner’s parking lot, the club will have access to an alleyway to serve as parking. Commissioner McCarthy stated that there is the [City] parking lot adjacent to the donut shop [Top Donut]. Mr. Menard stated that some of our customers will eat at the diner. Mr. Meehan stated that he thinks the club will have enough parking without using the Cameo’s parking lot. Captain Kennedy stated that the Lowell police will take notice if [Mr. Conant] doesn’t want parking there. The public commentary portion of the hearing was closed by the Commission. On a motion by Commissioner Hogan, second by Commissioner McCarthy, it was voted to approve the change of location of the all alcoholic beverages Club license granted and issued for 2014 to Club des Citoyens Americains, Inc. from premises at 619 Market Street to premises at 731 Lakeview Avenue, two unnumbered doors east side; one room on first floor and kitchen; two rooms on second floor and office, so voted. The Commission reviewed the Executive Secretary report Special one-day license to dispense wines not issued to Michael F. Dailey Jr. of UnchARTed Gallery, 66 Merrimack St., for Friday, May 9, 2014 A.B.C.C. acknowledges settlement agreement 5/19/2014 re: suspension of license per order of License Commission for The Middle Street Village Inc., 92-98 Middle St., appeal withdrawn by licensee, ABCC hearing cancelled; licensee to serve eight days suspension effective June 30, 2014 to July 7, 2014, business to close; additional eleven days suspension to be held in abeyance until December 31, 2014 Communication from A.B.C.C., dated June 4, 2014 re: hearing scheduled for 8/5/14 for Ammanj, Inc., d/b/a Quick Mart, malt beverages & wines Package Store licensee at 1401 Gorham St. re alleged sale or delivery of alcohol beverage to a person under 21 years of age. On a motion by Commissioner Hogan, second by Commissioner McCarthy, to place communications on file, so voted. On a motion by Commissioner Krieger, second by Commissioner Hogan, to schedule public hearings for the following license applications for Thursday, July 17, 2014 at 6:30 p.m., to be held in the Council Chamber: Slesar Bros. Brewing Company, Inc., Joseph D. Slesar, President, for all alcoholic beverages Restaurant license for premises at 203 Cabot Street. SALT, Inc., Alan R. Marcotte, President, for malt beverages & wines only Package Store license for premises at 970 Gorham Street. Makutano, Inc., Patrick Karongo, President, for the transfer of the all alcoholic beverages Restaurant license from The Old Place, Inc., Lawrence J. Valcourt, President, for premises at 282-284 Fletcher Street. Legal notices are to be published in the local newspaper for Friday, June 27, 2014, so voted. The Commission reviewed communications from William M. Taylor, Superintendent of Police, regarding licensees for all alcoholic beverages Restaurants; there are allegations of misconduct charged against each of the licensees: Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin Hayhurst, Manager, 76-84 Merrimack Street, alleged violation of section 1.20 of the Lowell License Commission Regulations, to wit, Illegal Activities - continuance requested by L.P.D., granted per Commission 3/13/14; Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin Hayhurst, Manager, 76-84 Merrimack Street, alleged violations of section 1.16 of the Lowell License Commission Regulations, to wit, Manager’s Responsibilities; section 1.20 of the Lowell License Commission Regulations, to wit, Illegal Activities; A.B.C.C. regulation 204 CMR 2.05 (2), permitting an illegality on the licensed premises, to wit: committing a felonious assault on a person in violation of MGL, chapter 265, section 13A – continuance requested by licensee, granted per Commission 5/8/14; BEKS, Inc., d/b/a Brian's Ivy Hall, Kevin Hayhurst, Manager, 74 Merrimack Street, Superintendent of Police requests action against licensee BEKS, Inc. because of alleged violations as noted in agenda item 13b against licensee Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin Hayhurst, Manager, 76-84 Merrimack St. Resendes Incorporated, d/b/a Red Line Pub & Grill, John M. Resendes, Mgr., 1018 Gorham Street, alleged violations of section 1.16 of the Lowell License Commission Regulations, to wit, Manager’s Responsibilities; section 1.20 of the Lowell License Commission Regulations, to wit, Illegal Activities; section 4.02 of the Lowell License Commission Regulations, to wit: hours of operation; 204 CMR 2.05 (2), to wit: disorder, disturbance, illegality on the premises; chapter 138, section 41, M.G.L., to wit: delivery of alcoholic beverages as prima facie evidence of sale. SP Entertainment Inc., d/b/a Savanna Palace, Shayne Cranmore, Mgr., 25 Market Street, alleged violation of section 1.16 of the Lowell License Commission Regulations, to wit, Manager’s Responsibilities. After a brief discussion with Captain Kennedy about a district court matter pending that relates to a complaint against the licensee Hayhurst Group, Inc., the Commission agreed to schedule the hearings on the complaints against Hayhurst Group, Inc. and BEKS, Inc. for Thursday, June 26, 2014, and to schedule hearings for Resendes Incorporated and SP Entertainment Inc. for Thursday, July 17, 2014. On a motion by Commissioner Hogan, second by Commissioner Krieger, it was voted to adjourn the meeting at 7:40 p.m., respectfully submitted: Ryan Wynn, Executive Secretary [present at meeting].