License Commission

Minutes for Lowell License Commission meeting, Thursday, October 23, 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; and Captain Thomas Kennedy of the Lowell Police Department, and Elliott Veloso, Assistant City Solicitor. The Commission approved the minutes for meeting October 9, 2014 on a motion by Commissioner Krieger, second Commissioner McCarthy. The Commission reviewed the special one-day license applications to sell and/or dispense malt beverages & wines only, or either one from Tracy Martino of Aramark for Saturday, October 25, 2014 from 11:30 a.m. to 3:30 p.m. for the Soccer Alumni BBQ to be held at the Cushing Complex – North Camus, UML within a rented tent with bike rack to contain area; staff to be posted at entrance/exit. Tracy Martino was present. Tracy Martino of Aramark for Thursday, November 13, 2014 from 2:30 p.m. to 8:00 p.m. for the NERPG – New England Regional Plastics Group Dinner to be held at the ETIC Atrium, 40 University Ave. Jim Lichoulas for Friday, October 31, 2014 from 7:00 p.m. to 12 midnight for The Zombie Party Massacre Night at The Luna Theatre, 250 Jackson Street, # 490. Jim Lichoulas was present. Gabriele Davis for Friday, November 14, 2014 from 5:30 p.m. to 10:30 p.m. for the Craft Beer Walk at 250 Jackson Street, 4th floor. Gabriele Davis was present. Chairman Descoteaux questioned Jim Lichoulas and Gabriele Davis about their expectations for attendance at their respective event. Jim Lichoulas stated he anticipate approximately 85 people at the theatre. Gabriele Davis stated she anticipates approximately 150 people on the 4th floor. When Chairman Descoteaux questioned the occupancy allowed for throughout the floor, Mr. Lichoulas stated approximately 500. The Commission the application by Michael Lachance of the Merrimack Repertory Theatre, at Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, October 23, 24, 25, 26, 28, 29, 30*, 31, November 1, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16 - 2014 [19 dates], concession sales/service for forty- License Commission meeting minutes for October 23, 2014 page 1 of 6 five minutes [*ninety minutes] prior to performance, and during fifteen minute intermission. Michael Lachance was present. The Commission reviewed the application by Jeffrey Prescott of the Merrimack repertory Theatre, at Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, November 28, 29, 30, December 3, 4*, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21 - 2014 [18 dates], concession sales/service for forty-five minutes [*ninety minutes] prior to performance, and during fifteen minute intermission. Jeffrey Prescott was present. Commissioner Krieger questioned Mr. Lachance why not apply for an annual alcohol license for MRT. In response to the question, the Executive Secretary offered an explanation about the facility, known as Liberty Hall, is City property, that the MRT has a lease with City, an annual license would allow a transfer to another location in accordance with Massachusetts law chapter 138. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve licenses for Tracy Martino, Jim Lichoulas, Gabriele Davis, Michael Lachance, and Jeffrey Prescott. The Commission reviewed the special one-day license applications to sell and/or dispense all alcoholic beverages from Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St., for Saturday, November 1, 2014 from 6 p.m. to 1:30 a.m., for the event Peter Soares fundraiser. Guilhermina was present. Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, November 8, 2014 from 5 p.m. to 1:30 a.m., for the event Silvia’s 90th Birthday Party. Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, November 22, 2014 from 6 p.m. to 1:30 a.m. for the event Sao Jorge Dinner Dance. Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, November 29, 2014 from 6 p.m. to 1:30 a.m. for the event Eddie Casella Dinner Dance. Guilhermina Meneses of the Holy Ghost Society at Holy Ghost Park, 65 Village St. for Saturday, December 6, 2014 from 6 p.m. to 1:30 a.m. for the event fundraiser for the Holy Ghost Society. License Commission meeting minutes for October 23, 2014 page 2 of 6 The Commission, on the motion by Commissioner Krieger, second by Commissioner McGovern, voted to approve licenses for Guilhermina Meneses of the Holy Ghost Society. The Commission reviewed the application for special events permit for amplified outdoor public entertainment by SmithFest Events, Frederick Smith, representative, for Panic In The Dark at Shedd Park, ambient Halloween sounds on Saturday, November 1, 2014 from 5 p.m. to 10:30 p.m. Frederick Smith was present. When asked by Chairman Descoteaux, Mr. Smith stated he anticipated a 1,000 runners for the 5K event. Captain Kennedy stated he did not foresee a problem. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the special event permit for amplification of sound for SmithFest Events on November 1, 2014. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated October 17, 2014 re allegations that Camila, LLC d/b/a Reservations, Jorge A. Torres, Manager, all alcohol beverages Restaurant licensee was in violation on October 9, 2014 of Section 1.06 and Section 1.16 of the Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission. The Commission reviewed the communication from Building Commissioner, Deputy Chief Lowell Fire Prevention, and Senior Code Officer, dated October 15, 2014 re inspection results for Reservations Lounge, 179 Central Street on October 9, 2014. Chairman Descoteaux commented about the report from City Inspectors, having not heard of prior infractions, in addition to having Mr. Torres appear before the Commission, the Chairman requested City Inspectors attend the hearing. Captain Kennedy stated that Reservations was allowed to open last Thursday [October 16, 2014] by the City Inspectors. They have made an effort to check the restaurant many times without allowed access. Mr. Torres has not been available to open the restaurant for the City Inspectors. On a motion by Commissioner McCarthy, second Commissioner McGovern, the Commission voted to schedule a hearing for Thursday, November 6, 2014 regarding the allegations of misconduct as charged by the Superintendent of Police, against Camila, LLC, dba Reservations, Jorge A. Torres, Manager; that notice be sent to the Building Commissioner, Deputy Chief Lowell Fire Prevention, and Senior Code Officer requesting their appearance at said hearing. License Commission meeting minutes for October 23, 2014 page 3 of 6 The Commission opened the public hearing to review the revised Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission date of revision April 25, 2013. Public hearing is open for comments on regulations Commissioner Krieger comments about his prepared type-written review of regulations. He requests to skip sections on “format” and “edits” and go to the section on “substance,” to wit: Para 1.06. Will the Courts allow us to suspend a license for failure to pay taxes? Assistant City Solicitor Veloso cites the matter of allowing a licensee a reasonable opportunity and to discipline action grant opportunity before discipline per A.B.C.C. legal counsel. To take in account case by case basis. Para 1.13. This is complied with in a spotty manner. I believe it is important, but I may be mistaken. Display of licenses. Asst. Solicitor Veloso states not unimportant, license upon display, state law protection of license holder, violation [if] not displayed. Para 1.21 a, line 3. Is this one individual three times or three individuals or both? If both, perhaps “…to the court by one or more individuals, that said they were served alcohol…”. Commissioner Krieger commented about a six months liability. Executive Secretary stated that the District Attorney’s office previously would send notices to the License Commission whenever an individual had been charged with driving under the influence; the court would ask the individual where [he] had [his] last drink in accordance with Massachusetts law. The information given to the court was not reliable. The written notification from the District Attorney was the basis of the regulation previously [that regulation was incorporated in the revision of regulations in April 2013]. Matthew McCarthy, manager of Hookslide Kelly’s, addressed the Commission about a licensee being identified as serving an intoxicated patron without the licensee having recourse to refute the information. Commissioner Krieger commented, acknowledging the rights of a licensee. Para 3.01. One Citizen has suggested that the License Commission mandate video cameras after any infraction involving physical misconduct. License Commission meeting minutes for October 23, 2014 page 4 of 6 Executive Secretary noted a previous discussion when a License Commissioner had commented about video camera in a public place such as a bar or restaurant where patrons are mingling in the context of an individual’s civil rights. Nick Petrakos, manager of the Blue Shamrock, addressed the Commission about video cameras in licensed establishments. Chairman Descoteaux noted that installation of video cameras is expensive; there may be frequent instances of infraction[s], and citizen rights. Para 4.02, Line 9. Change 12:00 noon to 10:00 AM, per decision of the General Court. Ann Donnelly Tavoularis of Excel Liquors addressed the Commission about the notification sent by the License Commission regarding the opening at 10 a.m., and of filing the recorded corporate authorization. 7.02, Line 10. Do we know what are those “…applicable penalties under the law.”? Asst. Solicitor Veloso stated that the reference parallels same responsibilities for [manager] of a special one-day license for all alcohol beverages, and beer and wine only. The individual is bound by the same laws, rules. Para 9.01. Update the date to when the License Commission approves all edits and changes and then delete all after the date. Commissioner Krieger commented on a new update, proposed motion to [approve] “format” and “edits.” There were comments from Chairman Descoteaux about frequent appearance by individuals who have applications on the agenda for special one-day licenses, it is redundant. At the first of the year for an applicant to appear, if there are repercussions [after, the board can address the matter; otherwise] go to the [office] after license is granted. The same people are here, no reason to come [frequently]. Asst. Solicitor stated the law allows increments spring, summer, fall, designate period of time for special license applications. Chairman Descoteaux requested an opinion from the Law department. Commissioner McCarthy commented about a special license for the year. Chairman Descoteaux commented about email of agendas, rules and regulations. Asst. Solicitor Veloso about the public having access to meeting minutes at the City web-site. License Commission meeting minutes for October 23, 2014 page 5 of 6 Joel Asadoorian addressed the Commission about public transportation at night for visitors going to and from the downtown area. Chairman Descoteaux suggested the matter of public transportation, a request for which may be appropriate for the Council to make. On a motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to close the public hearing on the regulations. The Commission voted to adjourn the meeting at 7:40 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 October 23, 2014 page 6 of 6