License Commission

Minutes for Lowell License Commission meeting held Thursday, June 26, 2014 at 6:30 p.m., in the City Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Commissioner, Chairman, Cliff Krieger, Commissioner, Kristen Hogan, Commissioner, Terry McCarthy, Commissioner, Nancy McGovern, Commissioner, Captain Thomas Kennedy of Lowell Police Department, Elliott Veloso, Assistant City Solicitor Chairman Descoteaux introduced the newest member to the License Commission – Commissioner Nancy McGovern. Commissioner McGovern was appointed by City Manager Murphy, and confirmed by the City Council on June 24, 2014. The Commission reviewed the minutes for the meeting of May 8, 2014. On a motion by Commissioner Krieger, second by Commissioner McCarthy, the Commission voted to approve the minutes for the meeting of May 8, 2014. The Commission reviewed the minutes for meeting June 12, 2014. Commissioner Krieger addressed the matter of the discussion that took place for the following: 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re: suspension of license per order of License Commission for The Middle Street Village Inc., 92- 98 Middle St., appeal withdrawn by licensee, ABCC hearing cancelled; licensee to serve eight days suspension effective June 30, 2014 to July 7, 2014, business to close; additional eleven days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. Commissioner Krieger pointed out that he had addressed the issue of executive session minutes at the meeting of June 12, 2014; that another issue was considered as noted by the Executive Secretary. Commissioner Krieger stated the Executive Secretary check with the City attorney as to where and when the executive session minutes to be reviewed by the License Commission. Commissioner Krieger made the motion to amend the minutes for June 12th meeting, as noted; Commissioner McCarthy second the motion, so voted. On a motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to approve the minutes for the meeting of June 12, 2014. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment. The following individuals were present: Scott Pelletier, Deanne Guardino, Tim Kelleher, Sandy McNamara, Arthur Tingas, Kris DeFranzo, Tobias Marx, Penny Hamourgas, and Marissa Martinez. The Executive Secretary stated to the Commission that he had not included the amplification application from Penny Hamourgas on the meeting agenda [application filed 6-24-14]. Mrs. Hamourgas application is for July 25 and July 26, 2014 at the enclosed parking lot at 152 Worthen St.; and July 27, 2014 the alley only at 141 Worthen St. Jerry Murphy of Kandon, Inc., d/b/a Old Court, 29-31 Central Street for sound system for band and/or disc jockey for the Lowell Folk Festival Fri., July 25 and Sat., July 26, 2014 at an enclosed outdoor area on Middle St. @ corner of Central St. Alan F. Kaplan of The Middle Street Village, Inc. [Tim Kelleher, representative], d/b/a The Village Smokehouse, 92-98 Middle Street for sound system for band and/or disc jockey for the Lowell Folk Festival Fri., July 25, Sat., July 26, Sun., July 27, 2014 at enclosed outdoor area in front of 92-98 Middle Street Kris DeFranzo of CB Enterprises, Inc., d/b/a Major’s Pub, 197 Market Street for sound system for band and/or disc jockey for the Lowell Folk Festival Fri., July 25, Sat., July 26, 2014 at enclosed outdoor area in front of 197 Market Street Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street for sound system for band and/or disc jockey for the Lowell Folk Festival Fri., July 25, Sat., July 26, Sun., July 27, 2014 at enclosed outdoor area in front of 45 Palmer St. @ corner of Middle St. Sandy McNamara of Centralville Community Coalition sound system for outdoor movie, public address for National Night Out at St. Louis School Tuesday, August 5, 2014 from 5:00 p.m. to 9:00 p.m. at the outdoor grounds of St. Louis School, 77 Boisvert St. Jeffrey Hernandez of Hijos De Borinquen Puerto Rican Cultural Festival [Marissa Martinez, representative] for sound system for live bands, disc jockey, P.A. system for 34th Annual Lowell Puerto Rican Cultural Festival, Sunday, August 10, 2014 from 10:00 a.m. to 10:00 p.m. at the Lowell Heritage State Park, Sampas Pavilion & Esplanade, Pawtucket Blvd. Chairman Descoteaux questioned Marissa Martinez about the absence of Jeffrey Hernandez. Ms. Martinez stated that Mr. Hernandez had to attend another meeting, and that she is the Vice President of the Hijos De Borinquen Puerto Rican Cultural Festival [Committee]. Deanne Guardino of Merrimack River Watershed Council for sound system for live bands, public address for MerriFEST 2014, Saturday, August 9, 2014 from 10:00 a.m. to 3:00 p.m. at DCR's Sampas Pavilion, Heritage State Park Tobias Marx of One 27 Global for sound system for live music for The Lowell Food and Wine Festival, Friday, August 8, 2014 from 5:00 p.m. to 10:00 p.m., and Saturday, August 9, 2014 from 1:00 p.m. to 7:00 p.m., Lucy Larcom Park Arthur Tingas of The New Olympia Restaurant, Inc., sound system for d. j. and band for Lowell Folk Festival, Saturday, July 26, 2014, from 11:00 a.m. to 11:59 p.m. at the parking lot at 453 Market Street Chairman Descoteaux wished the applicants the best for their events. Commissioner Krieger made the motion, second by Commissioner McGovern, to approve the applications for special events permit for amplified outdoor public entertainment; so voted. The Commission reviewed the applications for special one-day licenses to sell and/or dispense malt beverages & wines only, or either one. The following individuals were present: Penny Hamourgas, Kris DeFranzo, Gabrielle Davis, Jerry Murphy, and Arthur Tingas. Kris DeFranzo of CB Enterprises, Inc. at foot of John Street adjacent to Boarding House Park, 40 French St. for Lowell Folk Festival 2014, Friday, July 25, 2014, 6:00 p.m. to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc. at foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 201, Saturday, July 26, 2014, 12:00 noon to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc. at foot of John Street adjacent to Boarding House Park, 40 French St. for Lowell Folk Festival 2014, Sunday, July 27, 2014, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, for Lowell Folk Festival 2014, Friday, July 25, 2014, 6:00 p.m. to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2014, Saturday, July 26, 2014, 12:00 noon to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2014, Sunday, July 27, 2014, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2014, Saturday, July 26, 2014, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2014, Sunday, July 27, 2014, 12:00 noon to 7:00 p.m. Penny K. Hamourgas of Worthen Café, enclosed parking lot at 152 Worthen Street, Lowell Folk Festival 2014, Friday, July 25, 2014, 5:00 p.m. to 1:00 a.m. Penny K. Hamourgas of Worthen Café, enclosed parking lot at 152 Worthen Street, Lowell Folk Festival 2014, Saturday, July 26, 2014, 5:00 p.m. to 1:00 a.m. Kris DeFranzo of CB Enterprises, Inc., enclosed outdoor seating area adjacent to 197 Market Street, Lowell Folk Festival 2014, Friday, July 25, 2014, 6:00 p.m. to 12:00 midnight Kris DeFranzo of CB Enterprises, Inc., enclosed outdoor seating area adjacent to 197 Market Street, Lowell Folk Festival 2014, Saturday, July 26, 2014, 12:00 noon to 12:00 midnight Jerry Murphy of Kandon, Inc., d/b/a Old Court, enclosed outdoor area Middle St. @ corner of Central St. Lowell Folk Festival 2014, Friday, July 25, 2014, 6:00 p.m. to 12:00 midnight Jerry Murphy of Kandon, Inc., d/b/a Old Court, at an enclosed outdoor area Middle St. @ corner of Central St. for Lowell Folk Festival 2014, Saturday, July 26, 2014, 12:00 noon to 12:00 midnight Gabrielle Davis of One 27 Global at Lucy Larcom Park for The Lowell Food and Wine Festival, Friday, August 8, 2014, 5:00 p.m. to 9:00 p.m. Gabrielle Davis of One 27 Global at Lucy Larcom Park for The Lowell Food and Wine Festival, Saturday, August 9, 2014, 2:00 p.m. to 6:00 p.m. Arthur Tingas of The New Olympia Restaurant, Inc. for the parking lot at 453 Market Street for Lowell Folk Festival, Saturday, July 26, 2014, 11:00 a.m. to 11:59 p.m. Chairman Descoteaux asked Gabrielle Davis if she had arranged to acquire alcohol beverages for the 2-days event; Ms. Davis stated that she is awaiting the approval of licenses. Commissioner Hogan made the motion, second by Commissioner Krieger, to approve the applications for special one-day licenses to sell and/or dispense malt beverages & wines only, or either one; so voted. The Commission reviewed the applications for special one-day license to dispense Wines only from Michael F. Dailey Jr. of UnchARTed Gallery at 66 Merrimack Street for Art opening Tony Grassetti "Shadows Redux," Saturday, June 28, 2014, 8:00 p.m. to 12:00 midnight; and for Art Reception Hali Vik "New [W]ork," Saturday, July 26, 2014, 5:00 p.m. to 12:00 midnight. Mr. Dailey was present to address the Commission. Commissioner Krieger made the motion, second by Commissioner McCarthy, to approve the applications from Michael Dailey; so voted. The Commission reviewed the sidewalk stand applications from G & L Harding LLC, d/b/a Giovanni’s, Greg Harding, for sidewalk stand sale at 134 Merrimack Street, Friday, July 25, Saturday, July 26, and Sunday, July 27, 2014, Lowell Folk Festival weekend only; and from Anny Vong, d/b/a Humanity, for sidewalk stand sale at 128 Merrimack Street, Friday, July 25, Saturday, July 26, and Sunday, July 27, 2014, Lowell Folk Festival weekend only. Greg Harding was present to address the Commission. Motion by Commissioner Hogan, second by Commissioner McGovern, to approve the license for sidewalk stand for G & L Harding LLC; so voted. Chairman Descoteaux, having noted the absence of Anny Vong, discussed with Greg Harding his willingness to represent Anny Vong. Mr. Harding noted that she is the new owner of Humanity [retail store]; that in the past, he was represented by the previous owner of the store that Anny Vong owns. On a motion by Commissioner Krieger, second by Commissioner McCarthy, to schedule the matter of Anny Vong’s application for sidewalk stand license for the meeting of July 17, 2014, and that the applicant is to appear before the Commission at said meeting, so voted. The Commission reviewed the request by Club des Citoyens Americains, Inc., Armand Menard, President, all alcoholic beverages Club licensee, to amend premises at 731 Lakeview Ave. from “two rooms on second floor and office” to “office on second floor;” whereas, first floor is to remain as “one room on first floor and kitchen.” Armand Menard and Alphonse Marcil were present. Mr. Menard explained the circumstances for the request to only utilize office space on the second floor. On a motion by Commissioner Krieger, second by Commissioner Hogan, to amend the description of premises for 731 Lakeview Ave. as one room of first floor; office on second floor, so voted. The Commission reviewed the application by Rivers Wild, Inc., d/b/a Jameson’s, Shannon M. KelleyBarrozo, President, for an all alcoholic beverages Restaurant license for premises at 26 Andover Street. On a motion by Commissioner Krieger, second by Commissioner McGovern, to schedule a public hearing for Thursday, July 17, 2014 at 6:30 p.m. in the Council Chamber and that a legal notice be published on June 30, 2014 in the local newspaper, so voted. Eric Finn appeared before the License Commission as representative for Hayhurst Group Inc. and BEKS, Inc. Mr. Finn proposed to the Commission that he would apply as the manager of record for the two corporations. Chairman Veloso addressed Assistant City Solicitor Veloso about the communication from Attorney Ray Weicker. Atty. Weicker requested a continuance yesterday [6/25/14]. Atty. Weicker has requested dismissal of the injunction filed in Lowell Superior Court, and has communicated the matter to the Law office of Kevin Hayhurst resignation as the manager of record for [the licensees] Hayhurst Group, Inc. and BEKS Inc.; a copy of the resignation letter was presented to the Commission by Asst. Solicitor Veloso. Asst. Solicitor Veloso stated a sale of the establishments is proposed in lieu of disciplinary [hearings]; Atty. Weicker is requesting a stay . . . in lieu of resolution of matter [Mr. Hayhurst] no longer manager of record. Asst. Solicitor Veloso stated he contacted General Counsel for the Alcoholic Beverages Control Commission . . . the explanation that when a licensee loses a manager of record, a reasonable period of time is allowed for a new manager to be appointed, and approved [by the local authority and the A.B.C.C.] Asst. Solicitor Veloso stated to the Commission the Law department’s recommendation to accept Atty. Weicker’s request, and if failing to present [applications for manager change] the Commission may take disciplinary action [on the Superintendent’s complaints] at the next License Commission meeting. Asst. Solicitor Veloso stated that there is a 48-hours’ notice of meeting as a matter of law . . . police have all the authority by the Superintendent of Police if there is negative action. Discussion turned to the City Treasurer and about back taxes in the amount of $3,000.00. Asst. Solicitor cited License Commission regulation 1.07 regarding the licensee current with taxes [owed to City, State, and Federal government]. A written notice may be sent to each licensee [Hayhurst Group, Inc. and BEKS Inc.]. Proof of local taxes paid, and written confirmation from the licensees as to the extent [taxes] are owed. Chairman Descoteaux addressed Eric Finn about the manager’s position for each licensee . . . would he [Finn] carry on Monday morning, and apply for each [licensee]. Ch. Descoteaux questioned the role he would have pending the change in manager for Finn’s Pub; there is the manager of record and Mr. Hayhurst is owner, which [has me] concerned, and disappointed that [Attorney Weicker] is not present. Commissioner Krieger stated he was surprised that we didn’t appeal [the Court injunction] . . . why were we not informed? Asst. Solicitor Veloso stated [the Law department] as legal capacities representing not the individual liable but the City of Lowell . . . it would be an unnecessary injunction . . . under the circumstances the suit was dismissed. Commissioner Krieger stated the [License Commission action] was valid May 22. Asst. Solicitor Veloso apologized for not communicating. Commissioner Krieger asked of the May 22nd minutes. Asst. Solicitor Veloso stated that the special legislation was effective, approval on May 22 . . . the License Commission decision voided . . . the public hearings held . . . the defect was rectified June 12, 2014. Ch. Descoteaux asked Captain Kennedy about the matter of the manager for each licensee . . . Captain Kennedy stated he has not heard of a licensee without a manager of record; don’t how you can do it. Commissioner Krieger stated major impediment . . . send letter to Mr. Finn, copy to Ray Weicker, Law office, the License Commission, in lieu of [Mr. Finn] as manager of record, to police two establishments. Commissioner Hogan questioned Mr. Finn in the absence of a manager what will he do? Mr. Finn stated he will have police detail. Commissioner McCarthy stated that Mr. Hayhurst is no longer manager . . . to have police detail would behoove you. Asst. Solicitor Veloso stated Mr. Hayhurst is longer manager of either establishment . . . only as owner of record. Commissioner Krieger asked Mr. Finn if he talked to Mr. Hayhurst and Attorney Weicker. Mr. Finn stated [Mr. Hayhurst] will not be involved. Ch. Descoteaux continue to July 17th. Asst. Solicitor Veloso stated he [Mr. Finn] is going to apply; to schedule License Commission meeting for purpose of account . . . Commissioner Krieger stated he is not happy with the situation . . . Asst. Solicitor Veloso stated to formalize Mr. Finn as point person to maintain order; requirements to apply to License Commission; City Hall taxes; such letter [is] assurance to contact person . . . should be on the hook. Captain Kennedy stated breach of peace, abiding regulations of Commission . . . Ch. Descoteaux stated to Mr. Finn you understand the responsibility . . . there is a concern of a wild, wild west; a police detail [presence]. Mr. Finn stated there is a sale pending. Commissioner Hogan asked when . . . Mr. Finn stated middle of August. Commissioner Krieger made the motion to place on hold the hearings on the agenda; a formal letter [of] responsibility for Mr. Finn. Commissioner Hogan second the motion, so voted. The Commission continued the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police against 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. The Commission continued the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police against 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. The Commission continued the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police against 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. Commissioner Krieger made the motion to adjourn the meeting at 7:45 p.m., second Commissioner Hogan, so voted.