License Commission

Minutes for Lowell License Commission meeting, Thursday, November 20, 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; and Captain Thomas Kennedy of the Lowell Police Department, Kenneth Rossetti, Assistant City Solicitor. Absent: Commissioner Kristen Hogan. The Commission reviewed the minutes for meeting November 6, 2014; on the motion by Commissioner Krieger, second by Commissioner McCarthy the minutes of November 6th were approved. The Commission reviewed the public amusement applications from Global Spectrum, LP, Keith Vaske, General Manager, for Lowell Memorial Auditorium, 50 East Merrimack St., for: (1) Straight No Chaser, Thursday, November 20, 2014, 7 p.m. to 11 p.m. (2) Miss Massachusetts Pageant, November 21-22, 2014, 8 a.m. to 11 p.m., each date. (3) Boys & Girls Club Auction & Gala, Thursday, December 4, 2014, 5 p.m. to 10 p.m. (4) Dark Star Orchestra, Saturday, December 6, 2014, 7 p.m. to 11 p.m. (5) Cirque Dreams Holidaze, Friday, December 12, 2014, 7 p.m. to 10 p.m. (6) Legends of Boston Comedy, Saturday, December 13, 2014, 7 p.m. to 10 p.m. Keith Vaske, General Manager, and Todd Stoudenmire, Events Manager for Global Spectrum were present. The Commission approved the public amusement applications by Global Spectrum on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission reviewed the special one-day license applications to sell and/or dispense malt beverages & wines only, or either one: Tracy Martino of Aramark for Wednesday, December 3, 2014 from 2:30 p.m. to 7:00 p.m. for the University Holiday Party to be held at University Crossing, Maloney Ballroom, 220 Pawtucket St. Tracy Martino of Aramark for Wednesday, December 10, 2014 from 5:00 p.m. to 10:00 p.m. for Home for the Holidays to be held at University Crossing, Maloney Ballroom, 220 Pawtucket St. License Commission meeting minutes for November 20, 2014 page 1 of 5 Tracy Martino of Aramark for November 25 from 6 p.m. to 9 p.m., December 3 from 6 p.m. to 9 p.m. – 2014, January 2 – 2015 from 6 p.m. to 9 p.m., January 10 from 1 p.m. to 4 p.m., and January 22 from 4:30 p.m. to 10 p.m. – 2015 for UMass Lowell Basketball Games at Costello Gym, 1 University Ave., for sales and service pre- game and at intermission [note: 1-22-15 two games scheduled]. Tracy Martino was present. The Commission approved the special one-day licenses for Tracy Martino of Aramark for the dates of November 25, December 3, December 10, 2014, and January 2, 10, and 22, 2015 on the motion by Commissioner McCarthy, second by Commissioner McGovern. Andrew Jacobson of Brew’d Awakening Coffeehaus, for Friday, December 12, 2014 from 7:00 p.m. to 10:00 p.m. for Holiday open house at 61 Market St. Andrew Jacobson was present. The Commission approved the special one-day license for Andrew Jacobson for December 12, 2014 on the motion by Commissioner Krieger, second by Commissioner McCarthy. For ratification, licenses issued 11-14-2014 to Jim Lichoulas for Holiday Shopping Days, November 15, 16 – 2014 from 12 noon to 12 midnight, each date, at The Luna Theatre, and The Coffee and Cotton Café, 250 Jackson St., 4th floor. The Commission ratified the licenses issued to Jim Lichoulas for November 15th and 16th, 2014 on the motion by Commissioner Krieger, second by Commissioner McCarthy. Jim Lichoulas for November 21, 22, 23, 28, 29, 30, December 5, 6, 7, 12, 13, 14, 19, 20, 21 – 2014 from 12 noon to 12 midnight, each date, for Holiday Shopping Days at The Luna Theatre, and The Coffee and Cotton Café, 250 Jackson St., 4th floor. Jim Lichoulas was present. Chairman Descoteaux questioned Mr. Lichoulas about the activity proposed. Mr. Lichoulas stated that there is the coffee shop, and the theatre on the 4th floor at 250 Jackson St. He is requesting licenses to allow beer and wine sales in the coffee shop and in the theatre for the three-day weekends through the five-week holiday period. Commissioner McCarthy asked about the hours for the theatre. Mr. Lichoulas stated 7 p.m. to 10 p.m. Thursday, Friday, Saturday, and 12 noon to 10 p.m. on Sunday. The Commission approved the licenses for Jim Lichoulas on the motion by Commissioner Krieger, second by Commissioner McCarthy. License Commission meeting minutes for November 20, 2014 page 2 of 5 The Commission reviewed the special one-day license application to sell and/or dispense all alcoholic beverages from Derek Mitchell of the International Institute of New England, Lowell office, for Thursday, December 11, 2014 from 5:30 p.m. to 7:30 p.m. for the American Dream Award to be held at United Teen Equality Center, 34 Hurd St. Derek Mitchell was present. The Commission approved the license for Derek Mitchell on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed the application by Mt. Pleasant Golf Club, all alcoholic beverages Club licensee at 141 Staples St., for change of manager from Michael Mullavey to Sean M. Tully of Lowell. Sean Tully and Michael Mullavey were present. Mr. Tully and Mr. Mullavey addressed the Commission. The Commissin on a motion by Commissioner McGovern, second by Commissioner Krieger, voted to approve Sean Tully as Manager for Mt. Pleasant Golf Club. The Commission reviewed the application for license for Second Hand Motor Vehicles – Used Car Dealer, Class II by Kazanjian Garage Inc., Alan Kazanjian, President, for premises at 640 Dutton Street, an open lot approx. 2,400 square feet with office in adjacent 1-story building. Alan Kazanjian was present. Mr. Kazanjian stated he would like to move the license for the premises at 688 Broadway [license # 595-B] to 640 Dutton Street. Commissioner Krieger asked how many cars. Mr. Kazanjian stated twelve cars on the lot. Chairman Descoteaux asked about additional parking. Mr. Kazanjian stated there is parking for other vehicles at 640 Dutton St. The Commission voted to approve the change of premises from 688 Broadway to 640 Dutton Street on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed the application by Catcher’s Mitt Pub, Inc., all alcoholic beverages Restaurant licensee at 726 Gorham Street, for change of corporate officer, director, sole shareholder, and manager of record from William E. Hoey to Tracy E. Flynn of Windham, NH. The Commission ratified the publication of a legal notice for November 21, 2014 in the local newspaper and for public hearing to be held December 4, 2014 The Commission opened the public hearing on the 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 License Commission meeting minutes for November 20, 2014 page 3 of 5 St., unnumbered door east side, and 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. It is proposed that Matthew J. McCarthy be approved as manager of record for LCRC, Inc. The following license applications were filed by LCRC, Inc. for Common Victualler, and Entertainment In A Licensed Restaurant – Live Music, Disc Jockey, Juke Box, and Automatic Amusement Device. Matthew McCarthy and Matthew Murphy were present. Chairman Descoteaux opened the hearing to those in attendance who wished to speak in favor of the application; no one addressed the licensing board to speak in favor; that portion of the hearing was closed. Chairman Descoteaux opened the hearing to those in attendance who wished to speak against the application; no one addressed the licensing board to speak against; that portion of the hearing was closed. Chairman Descoteaux addressed Mr. McCarthy. Mr. McCarthy spoke of his present role as manager of Hookslide Kelly’s, and of the plan to re-do the gateway to the outdoor café. Mr. McCarthy stated business has been good. The hearing was declared closed, and on a motion by Commissioner Krieger, second by Commissioner McCarthy, voted to take the following action: Approved the transfer from Hookslide Kelly's LLC, d/b/a Hookslide Kelly's, to LCRC, Inc., d/b/a Dudley’s, for premises at 19 Merrimack St., 139 Paige St.; approved Matthew J. McCarthy as the manager of record for LCRC, Inc.; approved licenses for LCRC, Inc., d/b/a Dudley’s, premises at 19 Merrimack St., 139 Paige St., for common victualler; entertainment in a licensed restaurant – live music, disc jockey, juke box; and for automatic amusement device. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to continue the public hearing to December 4, 2014 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. The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to continue the public hearing to December 4, 2014 on the application for transfer of the all alcoholic beverages License Commission meeting minutes for November 20, 2014 page 4 of 5 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. The Commission reviewed the communication dated November 11, 2014 from William M. Taylor, Superintendent of Police, that Camila, LLC d/b/a Reservations, Jorge A. Torres, Manager, all alcohol beverages Restaurant licensee was alleged to be in violation on November 8, 2014 of Section 1.16 Manager’s Responsibilities of the Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission. The Commission reviewed the communication dated November 17, 2014 from William M. Taylor, Superintendent of Police, that Camila, LLC d/b/a Reservations, Jorge A. Torres, Manager, all alcohol beverages Restaurant licensee was alleged to be in violation on November 14, 2014 of Sections 1.16 Manager’s Responsibilities, 1.20 Illegal Activities, 5.02 Service Limited to Approved Areas, 5.03 Consumption on the Premises of the Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission; 204 CMR 2.05 (2) Illegality on the licensed premises; MGL c. 138, s. 41 Delivery of alcoholic beverages as prima facie evidence of sale. After some discussion on the Superintendent’s communications, the Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to schedule two hearings for Camila, LLC for the meeting of December 4, 2014 at 6:30 p.m. Commissioner Krieger spoke of the License Commission revised regulations for alcoholic beverages, requesting that it be an agenda item for the meeting of December 18, 2014, so voted. The Commission voted to adjourn the meeting at 7:15 p.m. on a motion by Commissioner McCarthy, second by Commissioner McGovern. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission meeting minutes for November 20, 2014 page 5 of 5