License Commission

Minutes for Lowell License Commission meeting, Thursday, December 18, 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, Elliott Veloso, Assistant City Solicitor. The Commission reviewed the minutes for meeting December 4, 2014; on the motion by Commissioner Krieger, second by Commissioner Hogan, the minutes of December 4th were approved. The Commission reviewed the special one-day license application to dispense wines only by Steve Syverson, President, Arts League of Lowell, Inc. for premises at 307 Market Street for Grey Scale on Saturday, January 17, 2015 from 4:00 p.m. to 6:00 p.m. Steve Syverson, President, Arts League of Lowell, Inc. for premises at 307 Market Street for Cut Up on Saturday, March 7, 2015 from 4:00 p.m. to 6:00 p.m. Steve Syverson was present. The Commission reviewed the special one-day license application to sell and/or dispense malt beverages & wines only, or either one by Debbe Daley for premises at 189 Market Street for Client Holiday Appreciation Party on Friday, December 19, 2014 from 6:30 p.m. to 10:00 p.m. Debbe Daley was present. The Commission reviewed the special one-day license application to sell and/or dispense all alcoholic beverages by Mary Ciccarelli of St. Michael Parish for premises at St. Michael Church Hall, 24 Sixth St. for the St. Michael School Comedy Night on Saturday, January 24, 2015 from 7:00 p.m. to 11:00 p.m. Mary Ciccarelli was present. After a question and answer exchange between Chairman Descoteaux and the three applicants, Mr. Syverson, Ms. Daley, and Ms. Ciccarelli, the Commission on the motion by Commissioner McCarthy, second Commissioner Krieger, voted to approve the applications for licenses to dispense wines only [Mr. Syverson], to sell and dispense malt beverages & wines only [Ms. Daley], and to sell/dispense all alcohol beverages [Ms. Ciccarelli]. License Commission meeting minutes for December 18, 2014 page 1 of 5 The Commission opened the public hearing on 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. Michael Balboni was present as the person proposed as the manager of record. Mr. Balboni outlined the company policy for sale and service of malt beverages and wine, e.g. one beer per customer. The Executive Secretary outlined the matter of the request by CEC for approval of the corporate officers recently appointed by the company, and of the transition that CEC made with regard to ownership. Chairman Descoteaux opened the hearing for public comment; there was no one present to speak for or against the application. The public commentary portion of the hearing closed, the Commission, on a motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the application by CEC Entertainment, Inc. The Commission opened the public hearing on 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. Johnny Kayrouz was present, and attorney Michael Zaim was present as legal counsel for Chelmsford Street Quick Mart, Inc. Attorney Zaim addressed the Commission, explaining that Mr. Kayrouz in keeping with the lease agreement he has with the property owner, and the company BP, he would like to move the retail license to a new building recently erected at 299 Chelmsford Street. Chairman Descoteaux opened the hearing for public comment; there was no one present to speak for or against the application. The public commentary portion of the hearing closed, the Commission, on a motion by Commissioner Krieger, second by Commissioner McGovern, voted to approve the application by Chelmsford Street Quick Mart, Inc. The Commission opened the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, in a communication dated November 11, 2014 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. Jorge Torres was present, and Atty. License Commission meeting minutes for December 18, 2014 page 2 of 5 John Mello was present as legal counsel for Camila, LLC. Attorney Mello outlined the perspective that Jorge Torres had at the time of an incident on November 8, 2014; management did not believe an altercation outside Reservations required an “incident report” to be filed with the License Commission and the Lowell Police Department. Lowell Police Officer John T. Spinney, who was present at the hearing, stated that one of the individuals involved in an altercation was arrested, and that he, Officer Spinney, was witness to the incident. The offending parties had walked up from Reservations to Cappy’s Copper Kettle. Employees of Reservations, acting as security, saw the incident according to Officer Spinney. Chairman Descoteaux, Commissioners Krieger and McCarthy questioned both Officer Spinney and Attorney Mello on the matter. The Commission came to the consensus that an incident report was warranted as a result of the altercation of November 8, 2014, and that the manager of record, Jorge Torres, is to report incidents in all instances to be in compliance with section 1.16 Manager’s Responsibilities. On a motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to place the matter of the Superintendent’s communication on file. The Commission opened the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, in a communication dated November 17, 2014, 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. Jorge Torres was present, and Atty. John Mello was present as legal counsel for Camila, LLC. Attorney Mello addressed the Commission about the matter of the incident on November 14, 2014; he stated an incident report should have been filed within 48 hours by management. Attorney Mello did not think management would be in violation of any other regulation as alleged by the Superintendent of Police in the communication to the Commission dated November 17, 2014. Lowell Police Officer John T. Spinney License Commission meeting minutes for December 18, 2014 page 3 of 5 was present. Officer Spinney gave a detailed accounting of the incident of November 14th, starting with black male patrons berating female patrons outside of Reservation’s, then one male patron berated Lowell Police so vociferously that back-up was requested, with the incident escalating to ten (10) police cruisers, stripping neighborhoods of protection. In one of the incident reports forwarded to the Commission by Superintendent Taylor is Officer Fernandez eyewitness account of said female patrons exiting Reservations with open containers [bottles] of beer. Commissioner Hogan questioned Attorney Mello as to why a report was not filed. Attorney Mello stated there was a police presence, and that reporting would have occurred by police. Chairman Descoteaux stated that police noted a high level of intoxication by several of the patrons. Chairman Descoteaux reminded Mr. Torres of the number of incidents having taken place. Commissioner McCarthy questioned Mr. Torres to which Mr. Torres responded that he did not see the patrons leave with beer bottles or the altercation. Commissioner McGovern expressed a serious concern for the way management is not responding properly to the incidents reported by the Lowell police. Assistant Solicitor Veloso questioned the lack of control over the situation, per Commission Regulations, by management. At the conclusion of the hearing, on a motion by Commissioner Krieger to suspend the alcohol beverages license for five days, two days to be held in abeyance, and that the two days held in abeyance from License Commission decision of July 31, 2014 to be served in 2015, and that the manager be scheduled to appear next year before the License Commission. Commissioner McCarthy recommended that more than five days, that the license be suspended for ten days, three days to be held in abeyance; that the licensee serve seven days plus the two days held in abeyance from July 31st decision. Commissioner Krieger requested a second for his motion; there was no second. Commissioner McCarthy reiterated his motion and that the three days to be held in abeyance until December 31, 2015. Chairman Descoteaux seconds the motion of Commissioner McCarthy. The Commission voted unanimously for ten days suspension, three of said days to be held in abeyance until December 31, 2015, plus serve two days suspension from July 31, 2014 decision. The days of suspension are as follows: January 5, 6, 7, 8, 9, 10, 12, 13, 14 – 2015. Chairman Descoteaux proposed excluding License Commission meeting minutes for December 18, 2014 page 4 of 5 Sunday, January 11th from the days of suspension to be served because by Mr. Torres own admission operates six days a week, and is closed on Sunday. The Commission reviewed the Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission. Commissioner Krieger requested a grammatical correction on page 7 regarding section 1.20, 1st sentence, by the insertion of a colon. The Commission agreed to review Commissioner Krieger’s proposal for six additional amendments to said regulations at the second meeting in January 2015. Assistant Veloso reminded the Commission of a public hearing in order to approve any substantial amendments. The Executive Secretary outlined the process for the 2015 renewal of alcohol licenses for hotel, restaurant, members-club, and package store. On a motion by Chairman Descoteaux, second by Commissioner Hogan, the Commission voted unanimously for the approval of 2015 licenses for the annual alcohol beverages licensees. The Commission reviewed the communication from Christopher D. McCarthy of Lowell Jewelry & Loan, 24 Merrimack St., received December 4, 2014, regarding the report of transactions to Lowell Police Department. Commissioner McCarthy recommended the matter remain an agenda item for the Commission to be addressed at a future meeting. The Commission voted to adjourn the meeting at 8:00 p.m. on a motion by Commissioner Hogan, second by Commissioner McCarthy. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission meeting minutes for December 18, 2014 page 5 of 5