License Commission

Minutes for Lowell License Commission meeting, Thursday, September 25, 2014 at 6:30 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Kristen Hogan, Terry McCarthy, Nancy McGovern, Captain Thomas Kennedy of the Lowell Police Department, and Elliott Veloso, Assistant City Solicitor The Commission approved the minutes for meeting September 11, 2014 on a motion by Commissioner Krieger, second Commissioner Hogan. The Commission reviewed the following applications for special one-day license to sell and/or dispense all alcoholic beverages: Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, September 27, 2014 from 5 p.m. to 1:30 a.m., for the event Madeira Dinner Night Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Sunday, September 28, 2014 from 12 noon to 9 p.m., for the event Eddie Casella Outside Feast Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, October 4, 2014 from 1 p.m. to 1:30 a.m. for the event Martin’s wedding Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, October 11, 2014 from 1 p.m. to 1:30 a.m. for the event Santo’s wedding Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, October 18, 2014 from 5 p.m. to 1:30 a.m. for the event Graciosa Dinner Night License Commission meeting minutes for September 25, 2014 page 1 of 8 Guilhermina Meneses was present, accompanied by Olimpio Brasil. Ms. Meneses is a member of the Board of Directors of the Holy Ghost Society; Mr. Brasil is the President. Ms. Meneses stated she has T.I.P.S. certification. Mr. Brasil acknowledged that he has received thirty (30) special one-day licenses in calendar year 2014. The Commission, on a motion by Commissioner Hogan, second by Commissioner McCarthy, voted to grant licenses to Guilhermina Meneses of the Holy Ghost Society for said events of September 27, September 28, October 4, October 11, and October 18, 2014. The Commission reviewed the special one-day license applications to sell and/or dispense malt beverages & wines only, or either one from the following individuals: Marc Clermont at 122 Western Ave. for Saturday, October 4, 2014 from 6 p.m. to 11 p.m. for the event Fashion Show – charity fundraiser for The Miracle Providers Marc Clermont at 122 Western Ave. for Saturday, October 25, 2014 from 7 p.m. to 12 midnight for the event Halloween Party fundraiser for The Miracle Providers Tracy Martino of Aramark, at the Office of the Dean of FAHSS*, 820 Broadway, for Friday, October 3, 2014 from 5 p.m. to 9 p.m. for the Reception for Carol Higgins O’Brien – Christopher Monti, Senior Food Service Director, Aramark, to represent Ms. Martino [*Fine Arts Humanities Social Sciences] Marc Clermont was present to speak on his own behalf; Christopher Monti was present, representing Tracy Martino. Mr. Monti stated the reception at 820 Broadway is an on-campus event [UMass-Lowell]. The Commission, on a motion by Commissioner McCarthy, second by Commissioner Hogan, License Commission meeting minutes for September 25, 2014 page 2 of 8 voted to grant licenses to Marc Clermont for the Fashion Show October 4, 2014, and for the Halloween Party fundraiser October 25, 2014; to Tracy Martino of Aramark for the reception October 3, 2014. The Commission reviewed the special one-day license applications to dispense wines only: Steve Syverson, President, Arts League of Lowell, at 307 Market St. for Thursday, October 2, 2014 from 7 p.m. to 10 p.m., 10th Birthday Masquerade Ball – Elinor Mondale, a Director, and Normand Caron to represent Mr. Syverson Steve Syverson, President, Arts League of Lowell, at 307 Market St. for Saturday, October 25, 2014 from 4 p.m. to 6:00 p.m., Art in the Cemetery – Elinor Mondale, a Director, and Normand Caron to represent Mr. Syverson Steve Syverson, President, Arts League of Lowell, at 307 Market St. for Saturday, December 13, 2014 from 6 p.m. to 8 p.m., Small Holiday Treasures – Elinor Mondale, A Director, and Normand Caron to represent Mr. Syverson Barbara Gagel, at 172 Middle St. for Friday, October 10, 2014 from 5 p.m. to 8 p.m., Ayer Lofts Art Gallery – Art Opening Ms. Elinor Mondale and Mr. Normand Caron were present to represent Steve Syverson, and Ms. Barbara Gagel was present to speak on her own behalf. Chairman Descoteaux questioned each person about the events and the source for the alcohol to be served. Ms. Mondale explained the nature of events to be held at the Arts League; Ms. Gagel stated she was hosting her own art show. Mr. Caron stated that he is a TIPS certified server, and would be pouring at the Arts League events. Each individual confirmed that the alcohol would be License Commission meeting minutes for September 25, 2014 page 3 of 8 obtained from an ABCC licensee. The Commission, on a motion by Commissioner Krieger, second by Commissioner Hogan, voted to grant licenses to Steve Syverson for events at the Arts League [studio] October 2, October 25, and December 13, 2014; to Barbara Gagel for her exhibit October 10, 2014. The Commission reviewed the application for special events permit for amplified outdoor public entertainment by the Holy Ghost Society, Guilhermina Meneses, Director, at the outdoor grounds of Holy Ghost Park, 65 Village St. – a sound system for music Sunday, September 28, 2014 from 12 noon to 9 p.m., the event Eddie Casella outside Feast. Ms. Meneses was present. The Commission, on a motion by Commissioner Hogan, second by Commissioner McGovern, voted to grant the special events permit for amplification of sound to the Holy Ghost Society for September 28, 2014. The Commission reviewed the application by Coco Luna LLC, d/b/a The Luna Theatre, James T. Lichoulas III at 250 Jackson St., unit # 490, for public amusement license for Theater for the calendar year 2014 James Lichoulas was present. The Commission, on a motion by Commissioner McCarthy, second by Commissioner Krieger, voted to grant the public amusement license for Theatre to Coco Luna LLC for calendar year 2014. The Commission reviewed the application by Rami Salameh, d/b/a Wireless Professional, 480 Bridge Street, for license for Second Hand Articles and/or Clothing – May 1, 2014 to April 30, 2015. Rami Salameh was present. The Executive Secretary commented on the two previous occasions Mr. Salameh’s application had been an agenda item. Mr. Salameh was absent from the meetings. Captain Kennedy stated that Lowell police officer did speak with License Commission meeting minutes for September 25, 2014 page 4 of 8 Mr. Salameh about his business, and whether or not second hand merchandise was obtained from customers, and then sold by Mr. Salameh. Mr. Salameh stated his shop will fix phones, but presently has not engaged in the business of dealing in second hand phones [or accessories]. The Commission, on a motion by Commissioner Hogan, second by Commissioner McGovern, voted to grant a Second Hand Articles license to Rami Salameh for premises at 480 Bridge Street, for the license period May 1, 2014 to April 30, 2015. The Commission opened the hearing on the allegation of misconduct against Camila, LLC, dba Reservations, Jorge Torres, Manager, all alcoholic beverages Restaurant licensee at 179 Central St. – not displaying license on the licensed premises in a conspicuous place., a violation of Section 1.13 of the Alcoholic Beverages Regulations Issued by the Lowell License Commission as charged by Arthur H. Ryan Jr., Acting Superintendent of Police, dated August 21, 2014. Jorge Torres was present; Atty. John Mello was present as legal counsel for Camila, LLC. Attorney Mello stated the decision of the License Commission to suspend the alcohol beverages license granted and issued to Camila, LLC on July 31, 2014. The license served the three days of a five days suspension August 13, 14, 15 - 2014. Two days of suspension are held in abeyance [for one year from date of decision]. Atty. Mello stated that Mr. Torres had gone to the Lowell Police Station at 50 Arcand Drive to pick-up the license at the front desk, but the license was not available. Mr. Torres, according to Atty. Mello, went to the White Mountains for the weekend [August 16 and 17. He did not open the restaurant until Wednesday evening August 20th for a private function. The Executive Secretary stated that the license was delivered to the front desk of the police station on License Commission meeting minutes for September 25, 2014 page 5 of 8 Friday afternoon August 15th; on Monday, August 18th the license was returned to the Law office. The Secretary stated further that he sent Mr. Torres an email to let it be known that the license was in the Law office and he was to go there to pick-up the license. Since Mr. Torres had not attempted to pick-up the license until Thursday, August 20th, there was cause for notifying Captain Kennedy about having a police check the status of the business as to whether or not it was open. Captain Kennedy stated that there was no appearance by Mr. Torres to pick-up the license Monday, Tuesday, and Wednesday; there was no telephone conversation. Attorney Mello and Mr. Torres explained that the business had not opened since the days of the suspension until a “private function” was taking place Wednesday evening. Commissioner Krieger stated that he has observed upon walking around that licensees are not displaying the license properly; not paying attention to the rules . . . Atty. Mello stated it was a mistake to open for the private function without the license; license will be displayed moving forward. Chairman Descoteaux noted the lapse in judgment; the Commission does not wish to put you [Torres] out of business . . . you need to tighten the ship. Commissioner McCarthy questioned as to what the manager was thinking. Atty. Mello stated Jorge is hard on himself, he’s a hard worker, and he enjoys the business. Atty. Mello stated mistakes have been made; [Torres] not to disregard the rules and regulations. Commissioner Krieger stated the Commission and police will monitor the restaurant . . . Chairman Descoteaux stated you are running out of chances . . . not here to close down the business. The Commission, on a motion by Chairman Descoteaux, second by Commissioner Krieger, voted to place the matter of the violation of Section 1.13 on file. License Commission meeting minutes for September 25, 2014 page 6 of 8 Commissioner Krieger opened discussion on the License Commission conducting a public review of Alcoholic Beverages Regulations. Commissioner Krieger noted that upon approval of regulations April 25, 2013, it was also voted to have a review in eight (8) months hence . . . noting the circumstances that postponed the review; Commissioner Krieger made the motion to schedule a public review for October 23, 2014. The motion was second by Chairman Descoteaux, and passed by unanimous vote of the Commission. Notice will be prepared for licensees, public, and local newspaper by the Executive Secretary. Assistant City Solicitor Veloso noted the public meeting notice which is to request public input. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, to License Commission dated September 15, 2014 re Pacific Liquors, 421 Central St., allegation of misconduct, a violation of MGL c. 138, s. 34 – Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age [1-count alleged as a result of Lowell Police Department alcohol compliance investigation on 9-11-2014]. The Commission voted to have the licensee be notified to appear at a hearing for Thursday, October 9, 2014 at 6:30 p.m. in the Council Chamber. The Commission opened the meeting for public discussion about the incident report filed in compliance with AB Regulation of License Commission 1.16 Manager’s Responsibilities, dated September 17, 2014 from Joseph M. Carreiro Jr., Director, Mariachi Foods Inc., d/b/a El Potro Mexican Grill, AB Restaurant licensee at 124 Merrimack St. Ms. Florio Schroeder, and Mr. Jeff Wilson, Chairman of the Lowell Commission on Disabilities, addressed the Commission. Captain Kennedy stated the matter of the incident report; police are satisfied License Commission meeting minutes for September 25, 2014 page 7 of 8 that initially there had been a misunderstanding about the necessity of a service animal in a restaurant. Assistant Solicitor Veloso commented on the federal law pertaining to service animals. Chairman Descoteaux stated it is a wake-up call, and thanked Ms. Schroeder and Mr. Wilson for their appearance and understanding. The Commission reviewed the application for Outback Steakhouse of Florida, LLC, David C. Cobb, Manager, AB Restaurant licensee at 28 Reiss Avenue for Officer Change and Stock Issuance/Transfer – Bloomin’ Brands, Inc. 100% Owner of the Outback, and Carrabba’s, Restaurant Concepts – legal notice was set for publication September 29, 2014, and public hearing for October 9, 2014. The Commission voted to adjourn the meeting at 7:30 p.m. on a motion by Commissioner Krieger, second by Commissioner Hogan. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission meeting minutes for September 25, 2014 page 8 of 8