License Commission

Minutes for Lowell License Commission meeting, Thursday, July 31, 2014, convened at 6:30 p.m. in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Chairman, Cliff Krieger, Commissioner, Kristin Hogan, Commissioner, Terrence McCarthy, Commissioner, Captain Thomas Kennedy of the Lowell Police Department, Elliott Veloso, Assistant Solicitor Absent: Nancy McGovern, Commissioner The Commission reviewed the minutes for meeting July 17, 2014; motion by Commissioner Krieger to amend if necessary to add two motions that applications by Finn’s Pub be moved to the end of the agenda, second by Commissioner Hogan, so voted. Chairman Descoteaux made the request for the Commission to open the hearing on SP Entertainment Inc., d/b/a Savanna Palace, Shayne Cranmore, Mgr., 25 Market Street, for the alleged violation as charged by William M. Taylor, Superintendent of Police of section 1.16 of the Lowell License Commission Regulations, to wit, Manager’s Responsibilities; motion by Commissioner Hogan, second by Commissioner Krieger, so voted. Shayne Cranmore appeared before the Commission to speak on the matter of the allegation against SP Entertainment Inc. Mr. Cranmore stated he is without attorney. Mr. Cranmore read a prepared statement; said statement is dated July 15, 2014, titled RE: Affidavits of Shayne Cranmore; the License Commission office has the typed statement on file, dated received July 30, 2014. Mr. Cranmore was accompanied by two employees of Savanna Palace; one of the individuals was identified as the head of security, the other person as the general manager. Mr. Cranmore stated that he had no idea of a disturbance in front of 25 Market Street approximately 1:34 a.m., April 5, 2014. Sergeant Thomas Lombard and Officer Vincent Fernandez of the Lowell Police Department presented their eyewitness account of the disturbance in front of the Savanna Palace in the early morning of April 5, 2014. The Commission addressed Mr. Cranmore about the hours he opens the licensed establishment. Mr. Cranmore stated the business is open Friday and Saturday, 10 p.m. to 2 a.m., a total of 8 hours. Mr. Cranmore also stated that the Savanna Palace is open for functions. Chairman Descoteaux stated that there is a one-day suspension in abeyance from the finding of the Commission that the licensee failed to contact the Lowell Police Department when a patron altercation took place on the licensed premises December 1, 2013. Mr. Cranmore stated that he had been unaware of the April 5th incident until he received the hearing notice; he offered an explanation of helping the police. The general manager of Savanna Palace stated to the Commission that 3 copies of reports have been filed with the Lowell Police Department. Chairman Descoteaux stated to Mr. Cranmore that 10 security personnel did not know of the disturbance for which Sergeant Lombard and Officer Fernandez gave testimony. Commissioner McCarthy stated that [security] did not know of the five or six cruisers out in front of 25 Market Street at 1:40 a.m. Commissioner Krieger stated failure to make report, and that it is important to file a report. Chairman Descoteaux asked Mr. Cranmore what is the preliminary plan. Mr. Cranmore stated head of security to stand by door to make sure no one leaves with alcohol; everyone is to leave the building at 1:55 a.m. The Commission, finding that SP Entertainment Inc. was in violation of section 1.16 of the Lowell License Commission Regulations, to wit, Manager’s Responsibilities on April 5, 2014, voted on a motion by Commissioner Krieger, second by Chairman Descoteaux, to suspend the all alcoholic beverages Restaurant license for two (2) days, and to hold said suspension in abeyance for one (1) year [July 31, 2015]; vote – ayes: Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy [Commissioner McGovern absent]. Assistant City Solicitor Veloso informed the Commission of the involuntary dissolution on June 30, 2014 of the corporation SP Entertainment Inc. by the Corporations Division of the Secretary of State. Mr. Cranmore stated that yesterday he initiated the necessary filing to have the corporation reinstated. Chairman Descoteaux stated if it is not updated the matter of the dissolution will be placed on the next meeting agenda. The Commission reviewed special one-day license applications to sell and/or dispense malt beverages & wines only, or either one from the following individuals: Tracy Martino of ARAMARK for pre-performance reception, Friday, August 1, 2014 from 5 p.m. to 8:30 p.m.at Fisher Hall, Durgin Building, UMass Lowell South Campus, 35 Wilder St. Tracy Martino was present. Manuel Silva of Portuguese American Civic League for Saturday, August 9, 2014 from 12 noon to 6 p.m. for members’ picnic of the Portuguese American Civic League at the enclosed parking lot adjacent to 512 Central St. Manuel Silva was present. Chairman Descoteaux cited each applicant’s responsibility for the sale and service of alcohol beverages. On a motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to grant the special one-day licenses to Tracy Martino and Manuel Silva. The Commission reviewed the special one-day license applications to dispense wine only from Michael F. Dailey Jr. of UnchARTed Gallery at 66 Merrimack Street. Michael Dailey was present. The event dates are Saturday, August 2, 2014 from 7 p.m. to 12 midnight – City of Love Reception; and Sunday, August 3, 2014 from 8 p.m. to 12 midnight – City of Love Closing Reception/Artist Talk. Chairman Descoteaux reminded Mr. Dailey of his responsibility for dispensing wine. On a motion by Commissioner Hogan, second by Commissioner Krieger, the Commission voted to grant the special licenses to Michael F. Dailey Jr. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment from the following applicants: Portuguese American Civic League, Manuel Silva, Manager, for sound system for music, Sat., August 9, 2014 from 12 noon to 6 p.m. at the parking lot of club at 512 Central St. Manuel Silva was present. Richard Caraballo for Saturday, August 9, 2014 from 2 p.m. to 6 p.m., at the parking lot adjacent to Friend’s, 350 Market St. The event is Stein N Co. Presents Lowell For Lowell; sound system for music, dance performances. Richard Caraballo was absent. Lowell Southeast Asian Water Festival, Eric Sack, representative, for Saturday, August 16, 2014 from 10 a.m. to 6 p.m. at Heritage Sampas Pavilion, Pawtucket Blvd., sound system for live music, public address, and disc jockey. Erick Sack was present. Captain Kennedy spoke of the residential area near the site of the Southeast Asian Water Festival; that the event organizers should be mindful of the residents regarding the amplification. Commissioner McCarthy made the motion to approve the applications of the Portuguese American Civic League for the August 9, 2014 event, and the Southeast Asian Water Festival for the event August 16, 2014, second by Commissioner Hogan, so voted. The Commission did not take action on the application by Richard Caraballo. The Commission, on a motion by Commissioner Hogan, second by Commissioner McCarthy, voted to ratify the issuance of the Sidewalk Stand license to Mark Coddaire, d/b/a Marx Running & Fitness, 118 Merrimack, seasonal permit April to October 2014. Mark Coddaire was present. The license was issued July 23, 2014. The Commission reviewed the application by Rivers Wild, Inc., d/b/a Jameson’s, all alcoholic beverages Restaurant licensee at 26 Andover Street for license for entertainment in a licensed restaurant – live music, disc jockey, juke box. Shannon M. KelleyBarrozo, manager and owner, was present. Commissioner Krieger questioned the need for the entertainment license. Ms. KelleyBarrozo stated that the entertainment would be for functions. The Commission advised Ms. KelleyBarrozo to use caution with sound amplification if there is entertainment on the restaurant deck. On the motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to grant the license for entertainment in a licensed restaurant - live music, disc jockey, juke box to Rivers Wild, Inc., d/b/a Jameson’s, for premises at 26 Andover Street, for the calendar year to expire December 31, 2014. The Commission opened the public hearing on the application by Slesar Bros. Brewing Company, Inc., d/b/a Lowell Beer Works, Joseph D. Slesar, President, for all alcoholic beverages Restaurant license for premises at 203 Cabot Street, unnumbered doors on Cabot and Hall Streets. Courtyard - 800 sq. ft. w. metal chain; 1st floor - lounge, restaurant, function rooms, kitchen. Joseph Slesar was present. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor or against the application. The Commission closed that portion of the hearing. Mr. Slesar addressed the Commission; there are six breweries each with a full-service family restaurant; it would be helpful to have the “all alcohol” license for private parties. The hearing was declared closed. On a motion by Commissioner Hogan, second by Commissioner McCarthy, it was voted to grant an all alcoholic beverages Restaurant license to Slesar Bros. Brewing Company, Inc. for premises at 203 Cabot Street for the license year to expire December 31, 2014, ayes: Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy; absent: McGovern. Upon approval of said application by the Alcoholic Beverages Control Commission, the malt beverages and wines only Restaurant license granted and issued to Slesar Bros. Brewing Company, Inc. for premises at 203 Cabot Street for 2014 will be cancelled, and to be returned to the City of Lowell, upon issuance of the all alcohol license; Slesar Bros. Brewing Company, Inc. is to pay an additional license fee of $1,000.00 to the City of Lowell for the balance of the calendar year 2014. The Commission approved Joseph D. Slesar as manager of record for Slesar Bros. Brewing Company, Inc. for the all alcohol beverages Restaurant license. The Commission reviewed the matter of the Centralville Social Club, 364 West Sixth Street, not having filed 2014 club reports. The Executive Secretary stated that 3-notices had been sent to the manager of record David W. Burns since the start of the year. David Burns was present. Mr. Burns acknowledged the oversight, stating his duties at the club have increased. He further explained that he will receive assistance at the club, and anticipates the club will be in compliance in the future with the timely filing of the report. The Commission voted to place the matter on file on the motion by Commissioner McCarthy, second by Commissioner Hogan. The Commission opened the hearing on 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. John Resendes appeared before the License Commission. Atty. John J. Hartigan was present as legal counsel for Resendes Incorporated. Atty. Hartigan stated that he had not taken the time to view the video [note: video is a recording of the incident for which the Superintendent of Police has cited the licensee for illegal activity on the premises April 19, 2014]. Atty. Hartigan stated that his client will not dispute the charges, admitting that “bad guys [were] doing bad things”. Atty. Hartigan stated that two employees have been terminated by Mr. Resendes; furthermore, a longtime employee of Friend’s restaurant will manage the Red Line Pub, and that a “cover charge” will be initiated for Friday and Saturday nights in the hope that a change in clientele will take place at the Red Line Pub. Atty. Hartigan outlined a systematic problem due to the three occasions in two and a half years in the eight years of Mr. Resendes ownership; whereas, in the twenty-five years Mr. Resendes has owned Friend’s restaurant [350 Market St.] there has been no incident, suggesting that steps are to be taken to correct the [problem] at the Red Line Pub. Atty. Hartigan stated further that there is a deal to sell the bar. Chairman Descoteaux stated the Commission’s appreciation of the honesty . . . and of the termination of employees who were involved with the incident. Commissioner Krieger requested information as to the method to be used for the cover charge. Entrance to the Red Line Pub is via the parking lot side of the building; tickets are to be issued to patrons, and a receipt is to be retained by the licensee for tickets sold. Commissioner McCarthy questioned the pending sale; Atty. Hartigan stated he anticipates in approximately thirty days in anticipation of the buyer having the financing. Chairman Descoteaux noted the serious of the offense which did involve the bar manager, and the doorman. Motion by Chairman Descoteaux to suspend the all alcoholic beverages Restaurant license for Resendes Incorporated for two days, and to hold one day in abeyance, second by Commissioner Krieger, vote: ayes – Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy; absent: Commissioner McGovern. The Commission voted that the licensee serve a one-day suspension on Thursday, August 14, 2014; license to be surrendered in the Law office by 9 a.m., August 14th, and license to be returned in the Law office on August 15, 2014 at 9 a.m. The Commission found that the licensee Resendes Incorporated was in violation on April 19, 2014 of the following: 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. The Commission opened the hearing on Camila LLC, d/b/a Reservations, Jorge Torres, Manager, all alcoholic beverages Restaurant licensee from William M. Taylor, Superintendent of Police, alleged violations as charged by William M. Taylor, Superintendent of Police of section 1.13 of the Lowell License Commission Regulations, to wit, Display of Licenses and Permits, and section 2.12 Promoter Events of the Lowell License Commission Regulations; violation of MGL chapter 138, section 18, section 23, and section 34D. Jorge Torres was present. Atty. John Mello was present as legal counsel for Camila LLC. Atty. Mello waived reading of the allegations. Atty. Mello stated that not displaying the license was due to recent renovations in the restaurant, and that the license had yet to be posted. Atty. Mello stated that the allegation of a “promoter event” was misleading in that the kitchen manager was only trying to draw attention to the fact that the kitchen was open for service. Atty. Mello stated further the some of the bottles of beer on the premises without deposit labeling and marked retail stickers was mixed in the inventory but not intended for sale, the items were removed; they were there by mistake. Chairman Descoteaux questioned the matter of the cooler being stocked. Atty. Mello stated there were a lot of different beers; the beer purchased at retail was there by mistake. Detective Sergeant Jonathan Noone of the Lowell Police was questioned by Chairman Descoteaux. Sergeant Noone stated he conducted an investigation of the establishment on June 5, 2014; there were twelve packs of beer, Heineken, and Coors Light without Massachusetts deposit upstairs. Chairman Descoteaux stated to Mr. Torres that this in the second time in less than a year that the license has not been on display; last time [November 21, 2013] five days were held in abeyance. Commissioner Krieger noted the beer from New Hampshire, the use of social media is not a problem. The Commission asked Mr. Torres his hours for the restaurant; Mr. Torres stated Wednesday to Sunday. Commissioner McCarthy noted the second time the license has not been on display. The hearing was declared closed, and the following action taken: motion by Chairman Descoteaux to place the allegation of a violation of section 2.12 Promoter Events of the Lowell License Commission Regulations on file; the finding that the licensee Camila, LLC was in violation of section 1.13 of the Lowell License Commission Regulations, and section 34D of chapter 138 MGL, a one day suspension to serve of the five days held in abeyance from November 21, 2013, second by Commissioner Krieger, so voted. Furthermore, on the remaining four days held in abeyance, motion by Chairman Descoteaux to suspend the license for four days, two days to be held in abeyance, for violation of section 18, and section 23 of chapter 138 MGL for purchasing alcohol beverages from a source not licensed as a Massachusetts distributor/wholesaler, so voted. The Commission voted that the licensee serve the three days suspension on Wednesday, August 13, Thursday, August 14, and Friday, August 15, 2014; license to be surrendered in the Law office by 9 a.m., August 13th, and license to be returned on August 16, 2014 at 9 a.m. at the front desk of the Lowell police station, 50 Arcand Drive. The Commission reviewed the application by Lucky Lantern, Inc., d/b/a Mandarin Asian Bistro, for the transfer of the all alcoholic beverages Restaurant license from Stella LLC, d/b/a Centro, for premises at 24 Market Street. It was voted to publish a legal notice on August 8, 2014 in the local newspaper, and to schedule the public hearing for August 21, 2014 at 6:30 p.m. in the Council Chamber, City Hall. The Commission reviewed the application by L’Aigle D’Or, Inc., all alcoholic beverages Restaurant licensee at 645 Pawtucket Blvd., for change of corporate officer/director, and for change in beneficial interest. It was voted to publish a legal notice on August 8, 2014 in the local newspaper, and to schedule the public hearing for August 21, 2014 at 6:30 p.m. in the Council Chamber, City Hall. The Executive Secretary reported the 2014/15 City of Lowell property taxes due by Brian’s Ivy Hall, and Finn’s Pub. The Commission approved for ratification licenses issued to David Cruz for special one-day licenses to sell/dispense malt beverages and wines only at the corner of Merrimack and Kirk Streets, and to Patricia Collins for Sidewalk Stand at 23 Palmer Street in conjunction with the Lowell Folk Festival. On a motion by Commissioner Hogan, second by Commissioner McCarthy, the Commission voted unanimously to adjourn at 8:00 p.m.