License Commission

Minutes for Lowell License Commission meeting, Thursday, October 9, 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, Terry McCarthy, Nancy McGovern, Captain Thomas Kennedy of the Lowell Police Department, and Kenneth Rossetti, Assistant City Solicitor. Absent: Kristen Hogan, Commissioner. The Commission approved the minutes for meeting September 25, 2014 on a motion by Commissioner McGovern, second Commissioner McCarthy. The Commission reviewed the special one-day license application to sell and/or dispense malt beverages & wines only, or either one by Tracy Martino of Aramark, at the Allen House, 2 Solomont Way, for Friday, October 10, 2014 from 4:30 p.m. to 7:30 p.m. for Fado: Songs of Portugal. Tracy Martino was present. Ms. Martino stated the event is a Portuguese reception. The Commission approved the license for Tracy Martino of Aramark on a motion by Commissioner McCarthy, second by Commissioner Krieger. The Commission reviewed the special one-day license application to dispense wines only by Elaine Wood for Saturday, November 8, 2014 from 1:00 p.m. to 4:00 p.m., art exhibit opening at the Ayer Lofts Gallery located 172 Middle St. Elaine Wood was present. Chairman Descoteaux asked Ms. Wood about the source for the wine; Ms. Wood stated the same source as that of Barbara Gagel who held an art exhibit October 10, 2014. The Commission approved the license for Elaine Wood on a motion Commissioner Krieger, second by Commissioner McCarthy. The Commission opened the public hearing on 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 – change in corporate officer, i.e. chief financial officer; and Bloomin’ Brands, Inc., 100% owner of the licensee, went public, sold and transferred stock and issued new stock as part of License Commission meeting minutes for October 9, 2014 page 1 of 4 taking the company public. David Cobb was present. There was no individual to speak in favor or against the application. The Executive Secretary stated that the application and additional documents was reviewed by the Alcoholic Beverages Control Commission because of the number of licensees in Massachusetts affected by the public stock offering. The Commission on a motion by Commissioner Krieger, second by Commissioner McGovern, voted to approve the application by Outback Steakhouse of Florida, LLC. The Commission opened the hearing on the allegation of misconduct against Bhumi Liquors, Inc., d/b/a Pacific Liquors, Manager, all alcoholic beverages Package Store licensee at 421 Central St. – 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 following individuals were present: Ila Bhagat, Manager, Vimalkumar Patel, and Attorney Larry Beane of Tyngsboro, legal counsel for Bhumi Liquors, Inc. Attorney Beane addressed the Commission; waived reading of the complaint, stating the licensee does not contest the facts of the complaint. Attorney Beane noted that there have been no issues prior to the police officers having entered the store [on 9-11-2014]. The employee is the brother of the manager; he has been re-trained on T.I.P.S. procedures. There is a carding policy in place, and a license check machine. Captain Kennedy stated [he] appreciated the comments of counsel. Commissioner Krieger stated the matter is serious, first time [offense], making the comment of a two-day suspension of license to be held in abeyance. Commissioner Krieger proceeded to move that the Commission place the letter from Superintendent of Police on file, second by Commissioner McCarthy, so voted. The Commission reviewed the application for transfer of the all alcoholic beverages Restaurant license by Mill City Ballroom, Inc., Joel Asadoorian, President, from BEKS, Inc., dba Brian’s Ivy Hall, Kevin License Commission meeting minutes for October 9, 2014 page 2 of 4 Hayhurst, President, for premises at 74 Merrimack St., third floor only, ingress and egress along north and south stairwells, one room for bar/restaurant/nightclub approx. 4,400 sq. ft. The Commission reviewed the application for transfer of the all alcoholic beverages Restaurant license by Mill City Suds, Inc., Joel Asadoorian, President, from Hayhurst Group, Inc., dba Finn’s Pub, Kevin Hayhurst, President, for premises at 76-86 Merrimack St., unnumbered door north side, two unnumbered doors south side of building; first floor-one room for restaurant and bar area approx. 2,460 sq. ft.; second floor-one room for restaurant and bar area approx. 2,797 sq. ft.; basement for storage. There was a discussion about the BEKS corporation dissolution by the Commonwealth Secretary of State, the necessity of the certificate of good standing from the Department of Revenue; an appeal request by legal counsel for BEKS, and Hayhurst Group, Inc. to the A.B.C.C.; and of City personal property tax to be paid by the licensees, BEKS, and Hayhurst Group, Inc. Joel Asadoorian was present. Mr. Asadoorian addressed the Commission at the podium. Assistant Solicitor Rossetti stated to Mr. Asadoorian that he [Asadoorian] should clearly understand that this is not a public hearing, and that he need not answer any question. Asst. Solicitor Rossetti responded to a question from Chairman Descoteaux about the matter of executive session. The Commission, on a motion by Commissioner McGovern, second by Commissioner McCarthy, voted to schedule public hearings for Thursday, November 6, 2014 at 6:30 p.m., to be held in the Council Chamber, and that legal notices are to be published in the local newspaper for Friday, October 24, 2014, for the transfer applications filed by Mill City Ballroom, Inc. and Mill City Suds, Inc. The Commission reviewed the Executive Secretary’s request for scheduling an informational hearing for A.S.D.K. Ram Corporation, dba Ramos Package Store, Sanjay Patel, Manager, 77 Branch St., all- alcohol beverages Package Store licensee. The circumstance of a fire at the building last summer was License Commission meeting minutes for October 9, 2014 page 3 of 4 cause for the structure to be razed for public safety. The Commission voted to schedule an informational hearing for Thursday, November 6, 2014 at 6:30 p.m. in the Council Chamber. The Commission, on a motion by Chairman Descoteaux, second by Commissioner Krieger, voted to ratify the license surrendered for cancellation September 30, 2014 for Old Gold, Silver, Platinum by Oddorm V. Phal, Narim E. Phal, dba PVM CASH FOR GOLD, premises 5 Middlesex St., the license period May 1, 2014 to April 30, 2015. The Commission voted to adjourn the meeting at 7:10 p.m. on a motion by Commissioner Krieger, second by Commissioner McGovern. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission meeting minutes for October 9, 2014 page 4 of 4