License Commission

Minutes for Lowell License Commission meeting, Thursday, November 6, 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, Kenneth Rossetti, Assistant City Solicitor, Elliott Veloso, Assistant City Solicitor. The Commission reviewed the minutes for meeting October 23, 2014. Commissioner Krieger made the following recommendations: (1) list names of Commissioners present, then insert the conjunction “and” Captain Thomas Kennedy; (2) ascertain the meaning of the acronym “NERPG” on page 1; Tracy Martino of Aramark, who was present at the meeting, stated she would inquire at UMass Lowell; (3) page 3, line 6, change the pronoun “he” to read “Mr. Smith;” (4) page 3, line 18, strike from the minutes the words “worries me a bit,” (5) page 5, line 11, change the words “the filing of corporate authorization” to read “the recorded authorization.” The Commission voted to approve the recommended changes on a motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed the special one-day license application to dispense wines only from Britny Savary-Bersani for Thursday, January 8, 2015 from 6:00 p.m. to 8:00 p.m. for opening reception at the Ayer Lofts Gallery, 172 Middle St. Britny Savary-Bersani was present. Chairman Descoteaux inquired about the source for the wine to be dispensed; Ms. Savary-Bersani stated that she had not made a choice but is aware of the list of distributors available at the web-site of the Alcoholic Beverages Control Commission (A.B.C.C.). The Commission voted to approve the application by Britny Savary-Bersani on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission reviewed the applications for special one-day license to sell and/or dispense malt beverages & wines only, or either one by the following individuals: Tracy Martino of Aramark for Saturday, November 8, 2014 from 5:30 p.m. to 11:00 p.m. for the Veterans Ball to be held at University Crossing, Maloney Ballroom, 220 Pawtucket St. Marc Clermont at 122 Western Ave. for Friday, November 14, 2014 from 7 p.m. to 11 p.m. for the Cabaret/Fundraiser for The Miracle Providers License Commission meeting minutes for November 6, 2014 page 1 of 6 Marc Clermont at 122 Western Ave. for Saturday, November 15, 2014 from 7 p.m. to 11 p.m. for the Cabaret/Fundraiser for The Miracle Providers. Tracy Martino and Marc Clermont were present. Mr. Clermont, in response to the question from the Commission, stated The Miracle Providers is a non-profit organization, and that he has received previous licenses for malt beverages and wines to benefit the organization. The Commission voted to approve the applications of Tracy Martino and Marc Clermont on the motion by Commissioner McGovern, second by Commissioner McCarthy. The Commission reviewed the special one-day license application to sell and/or dispense all alcoholic beverages by Roberta Barnes of Lowell Catholic High School for Friday, December 5, 2014 from 7:00 p.m. to 9:00 p.m. for the Alumni Christmas Cocktail Party to be held at McNamara Hall, 530 Stevens St. Roberta Barnes was present. The Commission voted to approve the application by Roberta Barnes on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission proceeded to review the public amusement applications from Global Spectrum, LP, Keith Vaske, General Manager, for Lowell Memorial Auditorium, 50 East Merrimack St., for the following events: (1) Wild Kratts, Saturday, November 15, 2014, show 1 from 10 a.m. to 1 p.m., show 2 from 3 p.m. to 6 p.m.; (2) Straight No Chaser, Thursday, November 20, 2014, 7 p.m. to 11 p.m.; (3) Miss Massachusetts Pageant, November 21-22, 2014, 8 a.m. to 11 p.m., each date. There was no one present representing Global Spectrum. Chairman Descoteaux stated the matter will be taken up later in the meeting when a representative is present, and asked the Executive Secretary to read the next item on the agenda. The Commission reviewed the application for license for Second Hand Articles and/or Clothing – May 1, 2014 to April 30, 2015 by Joverson Silva, d/b/a Connection Wireless, for premises at 665 Central St. Joverson Silva was present. Chairman Descoteaux asked Mr. Silva his purpose for applying for the license. Mr. Silva stated he repairs cell phones, and he will use second–hand parts to do repairs. Mr. Silva stated he will sell previously owned phones. Mr. Silva stated he has knowledge of the city ordinance [Chapter 185 Junk and Secondhand Dealers] and of the necessity to contact the Lowell Police Department License Commission meeting minutes for November 6, 2014 page 2 of 6 Criminal Division of his purchase of previously owned phones and accessories. The Commission voted to approve the application by Joverson Silva on the motion by Commissioner Krieger, second by Commissioner Hogan. The Commission opened the hearing on the allegations from William M. Taylor, Superintendent of Police, 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 which relates to the findings outlined in the communication from Building Commissioner, Deputy Chief Lowell Fire Prevention, and Senior Code Officer, dated October 15, 2014, of their inspection of Reservations Lounge. The following individuals were present: Jorge Torres, Manager of Reservations, Attorney John Mello, legal counsel for Camila, LLC, d/b/a Reservations, Shaun Shanahan, Building Commissioner, Office of Development Services, Thomas Gilligan, Deputy Chief Fire Prevention, and David Ouellette, Senior Code Officer, Office of Development Services. Attorney Mello explained that there are broad allegations. In a three years span, there has been no incident report. Essentially, the fire alarm stopped sending a signal so there was a shut-down of [Reservations]. On October 10, there was a system check; it was a Comcast problem caused by a faulty modem. Reservations’ was closed Friday [10/10], Saturday [10/11], and Sunday [10/12]. Atty. Mello stated that on the 16th of October, the fire system passed inspection, signal was sent. Code violations were cited, curtains on the wall were taken down. Atty. Mello makes reference to the letter dated October 15, 2014 signed by city officials sent to the License Commission, to wit, third paragraph, past three years numerous issues . . . Attorney Mello asked when the violations occurred. Atty. Mello asked where are the reports, when did the employees not evacuate [the building]. Atty. Mello stated that Mr. Torres has been manager since December 27, 2012. Chairman Descoteaux spoke to City officials Mr. Shanahan, Deputy Chief Gilligan, and Mr. Ouellette, requesting information on the numerous occasions when warnings had been issued. Shaun Shanahan stated that every year a certificate of inspection is renewed, we go into establishments starting in September, all three years [for Reservations] it is a last minute, last one to get in compliance. Chairman Descoteaux asked if it is difficult to get in License Commission meeting minutes for November 6, 2014 page 3 of 6 touch with [Mr. Torres]. Mr. Shanahan confirmed the difficulty in having access to the premises. Commissioner Krieger questioned Mr. Torres and Atty. Mello about understanding the responsibility of management. Attorney Mello stated that Mr. Torres has scheduled to attend a seminar conducted by Jim Staples of J.B.S. Services for December 9th. Commissioner Krieger commented about the Score Service on Middle Street, Lowell. Shaun Shanahan, in response to several questions from the Commission, curtains hanging on the premises had to be taken down, the removal of bar stools, and make shift tables, and clearing the means of egress, exit; inspectors will return after the corrections after been made. David Ouellette stated the restaurant was dirty, there were sanitary issues but the restaurant was allowed to stay open during the Folk Festival; there were bugs on liquor bottles. Chairman Descoteaux stated the [violations] should be brought to the board’s attention. Deputy Chief Thomas Gilligan stated there had been a fire alarm [incident] in February 2013. The [management] re-set the system themselves. Chairman Descoteaux stated the City needs to do its job, if we need to close, we will close the place. Mr. Torres, in response to question from Chairman Descoteaux stated he brought phone records to show that he had not received calls from City officials. Commissioner Krieger asked if you have telephone numbers and names of City officials. Attorney Mello stated yes. Commissioner McCarthy asked if the kitchen is open. David Ouellette stated the food service is closed; only chips. Mr. Ouellette stated there will be full documentation going forward. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to have the manager of Camila, LLC, Jorge Torres, appear at a regular meeting of the License Commission in March 2015 to present an update on the licensee’s compliance with City inspections. Informational hearing scheduled by the License Commission regarding what the business plan in 2015 is by licensee A.S.D.K. Ram Corporation, dba Ramos Package Store, Sanjay M. Patel, Manager, 77 Branch St. Application for transfer of the all alcoholic beverages Restaurant license by LCRC, Inc., d/b/a Dudley’s, Matthew J. McCarthy, President, from Hookslide Kelly's LLC, d/b/a Hookslide Kelly's, Matthew J. McCarthy, Manager, for premises at 19 Merrimack Street, 139 Paige St., unnumbered door east side, and License Commission meeting minutes for November 6, 2014 page 4 of 6 Paige St. First fl. - two rooms for restaurant & lounge, two rooms for kitchen/storage; basement - one room for restaurant/lounge, two rooms for storage; outside cafe, fence enclosed, north side, abutting lounge, and outside café at 15 Merrimack Street. A publication of legal notice is required prior to public hearing. For ratification: license surrendered for cancellation October 31, 2014 for Old Gold, Silver, Platinum by Sina Ken and Anthony Ken, d/b/a STK Cash For Gold, premises 209 Chelmsford St., the license period May 1, 2014 to April 30, 2015 Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission, specifically, a follow-up to hearing of October 23, 2014, for a discussion and motion for updating regulations, posting amendments to regulations on the City web-site, local cable telecast, email to advertise meetings of the License Commission. Public hearing on 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 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. It is proposed that Joel Asadoorian be approved as manager of record for Mill City Ballroom, Inc. The following license applications were filed by Mill City Ballroom, Inc. for 2014: Common Victualler, and Entertainment In A Licensed Restaurant – Live Music, Disc Jockey, Juke Box. Further, the License Commission will vote on whether to enter into executive session to comply with, or act under the authority of, MGL Chapter 6, Section 172. Public hearing on 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. It is proposed that Daniel Lucas be approved as manager of record for Mill City Suds, Inc. The following license applications were filed by Mill City Suds, Inc. for 2014: Common Victualler, and Entertainment In A Licensed Restaurant – License Commission meeting minutes for November 6, 2014 page 5 of 6 Live Music, Disc Jockey, Juke Box. Further, the License Commission will vote on whether to enter into executive session to comply with, or act under the authority of, MGL Chapter 6, Section 172. The Commission voted to adjourn the meeting at 8:55 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 November 6, 2014 page 6 of 6