License Commission

Minutes for Lowell License Commission meeting, Thursday, December 4, 2014 at 6:35 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 November 20, 2014; on the motion by Commissioner Krieger, second by Commissioner Hogan, the minutes of November 20th were approved. The Commission reviewed the special one-day license applications to sell and/or dispense all alcoholic beverages by Luis Silveira of the Holy Ghost Society for Saturday, December 13, 2014 from 1:30 p.m. to 1:30 a.m., for Brazilian Night at Holy Ghost Park, 65 Village St., and Luis Silveira of the Holy Ghost Society for Wednesday, December 31, 2014 from 4:00 p.m. to 1:30 a.m., for New Years’ Eve at Holy Ghost Park, 65 Village St. Luis Silveira was present. Mr. Silveira stated he has been certified bartender; he is a first time applicant as a Director of the Holy Ghost Society. The Commission, on the motion by Commissioner Hogan, second by Commissioner Krieger, voted to approve the applications of Mr. Silveira. The Commission reviewed the request for license fee credit by Olimpio Brasil of the Holy Ghost Society for special one-day all alcoholic beverages license surrendered for cancellation on 11-21-2014 for the event of November 22, 2014. Chairman Descoteaux moved that the credit be approved, second by Commissioner Hogan, so voted. The Commission opened the public hearing on the application by Catcher’s Mitt Pub, Inc., all alcoholic beverages Restaurant licensee at 726 Gorham Street, for change of sole corporate officer, sole director, sole shareholder, and manager of record from William E. Hoey to Tracy E. Flynn of Windham, NH. Legal notice was published November 21, 2014 in the local newspaper. Tracey E. Flynn and William Hoey were present. Atty. Victor Forsley was present as legal counsel for Catcher’s Mitt Pub, Inc. The hearing was opened for public comment; there was no one present to address the Commission either in favor or License Commission meeting minutes for December 4, 2014 page 1 of 5 against the matter of the application. Upon closing the public comment portion of the hearing, Chairman Descoteaux asked Ms. Flynn about her experience. Ms. Flynn stated she is a certified bartender, has had 20 years working in licensed establishments; Ms. Flynn employed by Mr. Hoey at the Catcher’s Mitt Pub, now has the opportunity to buy the establishment. The hearing was closed, and on a motion by Commissioner McCarthy, second by Commissioner Hogan, voted to approve the application for officer, director, shareholder, and manager change for the Catcher’s Mitt Pub, Inc. The Commission reviewed the application by Lowell Lodge # 87, B. P. O. Elks of USA, all alcoholic beverages Club licensee at 40 Old Ferry Road., for change of manager from Susan Lawrenson to Paul F. Palladino of Lynnfield, MA. Mr. Palladino was present. Mr. Palladino is an Elks member, and is an experienced bartender. The Commission, on the motion by Commissioner Hogan, second by Commissioner McGovern, approved Paul Palladino as manager of the Lowell Lodge # 87, B. P. O. Elks of USA. The Commission reviewed the application by CEC Entertainment Inc., malt beverages & wines only Restaurant, for premises at 199 Plain St., Unit # 5, for change of corporate officers, and manager, and that CEC is privately owned by Queso Holdings Inc. On the motion by Commissioner Hogan, second by Commissioner Krieger, it was voted to ratify the publication of the legal notice for December 5, 2014 in the local newspaper and that the public hearing is scheduled for December 18, 2014. The Commission reviewed the application by Chelmsford Street Quick Mart, Inc., Johnny Kayrouz, Manager, malt beverages & wines only Package Store licensee, for change of location from 309 Chelmsford Street to 299 Chelmsford Street. On the motion by Commissioner Krieger, second by Commissioner Hogan, it was voted to ratify the publication of the legal notice for December 5, 2014 in the local newspaper and that the public hearing is scheduled for December 18, 2014. The Commission opened the public hearing continued from November 6, 2015 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 License Commission meeting minutes for December 4, 2014 page 2 of 5 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. Joel Asadoorian and Daniel Lucas were present. Attorney Greg Curtis was present as legal counsel for Mill City Ballroom, Inc. Attorney Curtis gave background information on Mr. Asadoorian and Mr. Lucas. Each individual is TIPS certified, crowd manager certified, and Safe-Serve certified. The business partners are looking to keep the 3rd floor establishment active in downtown. The licensee BEKS, Inc. has received a certificate of good standing from the Department of Revenue. Chairman Descoteaux asked about entertainment, and functions. Mr. Asadoorian stated maybe country music. Commissioner McCarthy questioned about the trash in the back alley. Mr. Asadoorian stated it has been addressed. The hearing was opened for public comment; there was no one present to address the Commission either in favor or against the matter of the application. Chairman Descoteaux addressed Assistant Solicitor Rossetti about the appeal to the Alcoholic Beverages Control Commission of License Commission decision on disciplinary action against BEKS, Inc. and Hayhurst Group, Inc. A discussion took place about the Commission convening in executive session to discuss the City position on litigation strategy. On the motion by Commissioner Krieger, second by Commissioner McCarthy, it was voted by roll call to recess the regular meeting at 6:55 p.m., and that the Commission will convene in executive session to discuss litigation strategy; vote – ayes: Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy, McGovern. At 7:20 p.m., the Commission voted by roll call to reconvene the regular meeting – ayes: Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy, and McGovern. The Commission closed the public hearing for Mill City Ballroom; motion by Commissioner McCarthy, second by Commissioner Hogan, it was voted to approve the application for transfer of the all alcoholic beverages Restaurant license from BEKS, Inc., d/b/a Brian’s Ivy Hall, to Mill City Ballroom, Inc., Joel Asadoorian, President, for premises at 74 Merrimack Street, 3rd floor. Joel Asadoorian was approved as License Commission meeting minutes for December 4, 2014 page 3 of 5 manager of record for Mill City Ballroom, Inc., The Commission granted licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, and juke box to Mill City Ballroom, Inc. The Commission opened the public hearing continued from November 6, 2014 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 – Live Music, Disc Jockey, Juke Box. The following individuals were present: Joel Asadoorian, Daniel Lucas, and Atty. Greg Curtis, legal counsel for Mill City Suds, Inc. Attorney Curtis addressed the Commission. Daniel Lucas stated he has 18 years of experience; he is TIPS certified, Serve-Safe certified. Mr. Lucas stated he will manage a sports bar, food to be served, and music offered, seven days a week. The hearing was opened for public comment; there was no one present to address the Commission either in favor or against the matter of the application. Commissioner Krieger questioned about college students in downtown. Mr. Asadoorian and Attorney Curtis stated ID’s will be checked and there will be security. The Commission closed the public hearing for Mill City Suds; motion by Commissioner Krieger, second by Commissioner Hogan, it was voted to approve the application for transfer of the all alcoholic beverages Restaurant license from Hayhurst Group, Inc., d/b/a Finn’s Pub, to Mill City Suds, Inc., Joel Asadoorian, President, for premises at 76-86 Merrimack Street, 1st floor, and 2nd floor. Daniel Lucas was approved as manager of record for Mill City Suds, Inc., Licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, and juke box were granted by the Commission to Mill City Suds, Inc. After the Commission voted to approve said transfer, a brief discussion took place between Attorney Curtis and the License Commission meeting minutes for December 4, 2014 page 4 of 5 Commission regarding the certificate of good standing from the Department of Revenue for Hayhurst Group, Inc.; said certificate has not been issued. Attorney Curtis agreed to have the License Commission office hold the application for Mill City Suds for a short time. The Commission reviewed the communication from City Treasurer’s Office, dated 11-25-2014, regarding J. J. Boomers of Lowell, Inc., all alcoholic beverages Restaurant licensee at 705-727 Pawtucket Boulevard, re taxes for real estate and water owed to the City for FY12, FY13, and FY14. License Commission may schedule hearing for J. J. Boomers of Lowell, Inc. in compliance with Lowell Code of Ordinance Chapter 193. Licenses and Permits, on the matter renewal of licenses, and that the licensee has taxes owed to the City of Lowell for fiscal years 2012, 2013, and 2014. Assistant Solicitor Veloso stated that License Commission regulation 1.06 Compliance with All Laws and Regulations applies to the J. J. Boomers tax issue. After a discussion, the Commission voted on the motion by Chairman Descoteaux, second by Commissioner Hogan, to schedule a hearing for J. J. Boomers of Lowell, Inc. for Thursday, December 18, 2014 at 6:30 p.m. in the Council Chamber for allegedly not being in compliance with said regulation 1.06 for City of Lowell tax obligations. The Commission and Assistant City Solicitors Rossetti and Veloso discussed a motion by Commissioner Krieger, second by Commissioner McCarthy, that Law department prepare a pamphlet for board members, police, and the legal counsel of licensees on the subject of what is acceptable evidence and not acceptable evidence for hearings held by the License Commission; it was agreed that a first draft would be submitted for Commission review, so voted. The Commission voted to adjourn the meeting at 7:45 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 December 4, 2014 page 5 of 5