License Commission

Minutes for Lowell License Commission meeting, Thursday, January 29, 2015 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 Kenneth Rossetti, Asst. City Solicitor, Elliott Veloso, Asst. City Solicitor, Captain Thomas Kennedy of the Lowell Police Department. Absent: Kristen Hogan, Commissioner. The Commission reviewed the minutes for meeting January 8, 2014; Commissioner Krieger made the motion to approve minutes, second by Commissioner McCarthy, so voted. The Commission reviewed applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Robert A. Berlin of Corn & Company / Popcorn Reborn for Sunday, February 1, 2015 from 3:00 p.m. to 9:00 p.m. for Super Snacker I / Big Game Party at Mill No. 5, 250 Jackson St., 4th floor. Robert Berlin was present. Rita Savard for Saturday, February 14, 2015 from 5 p.m. to 9 p.m. for a wedding reception at Mill No. 5, 250 Jackson St., 4th floor. Rita Savard was present. Tracy Martino of Aramark for Thursday, February 5, 2015 from 6 p.m. to 9:30 p.m. for UMass-Lowell Men’s Basketball Game at Costello Gym, 1 University Ave. Tracy Martino was present. Tracy Martino of Aramark for Saturday, February 14, 2015 from 1 p.m. to 4:30 p.m. for UMass-Lowell Men’s Basketball Game at Costello Gym, 1 University Ave. Tracy Martino of Aramark for Wednesday, February 18, 2015 from 6 p.m. to 9:30 p.m. for UMass-Lowell Men’s Basketball Game at Costello Gym, 1 University Ave. The Commission voted to approve the applications for special one-day licenses to sell/dispense malt beverages & wines only on the motion by Commissioner McGovern, second by Commissioner Krieger. The Commission reviewed for ratification the matter of the issuance of a special one-day license on January 16, 2015 for all alcoholic beverages to Jose M. Santos of the Holy Ghost Society for Saturday, January 24, 2015 from 5 p.m. to 1:30 a.m. for 60th Birthday party at Holy Ghost Park, 65 Village St. Jose M. Santos was present. On the motion by Commissioner Krieger, second by Commissioner McCarthy, the Commission voted to ratify the issuance of the license to Jose M. Santos for January 24, 2015. License Commission meeting minutes for January 29, 2015 page 1 of 3 The Commission reviewed the applications for special one-day licenses to sell/dispense all alcoholic beverages by Jose M. Santos of the Holy Ghost Society for events scheduled at Holy Ghost Park, 65 Village Street: Sat., January 31, 2015 from 6 p.m. to 1:30 a.m., for the event “Fado;” Sat., February 7, 2015 from 6 p.m. to 1:30 a.m., for a “fundraiser” event; Sat., February 14, 2015 from 2 p.m. to 1:30 a.m., for “Carnaval;” Sun., February 15, 2015 from 2 p.m. to 1:30 a.m., for “Carnaval;” Sat., February 28, 2015 from 6 p.m. to 1:30 a.m., for a ‘Birthday Party;” Sat., March 7, 2015 from 6 p.m. to 1:30 a.m., for “Feast of Lages;” Sat., March 28, 2015 from 6 p.m. to 1:30 a.m., for “Holy Ghost Queen” event. Jose M. Santos was present. The Commission voted to approve the applications for special one-day licenses to sell/dispense all alcoholic beverages on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission approved the motion by Chairman Descoteaux to approve the request received January 16, 2015 for credit of license fee from St. Michael School, Mary Ciccarelli, representative, for special one-day all alcohol beverages license because of the postponed event of St. Michael School Comedy Night for January 24, 2015 at the church hall, 24 Sixth St., second by Commissioner Krieger, so voted. The Commission reviewed the communication from Donald Sterling and Shirley Blanchard of 8 Wamesit Ct., Lowell, dated January 20, 2015, requesting to attend another License Commission meeting regarding license violations at 705 Dutton St. that still have not been resolved between both licenses at 651 & 705 Dutton St. Donald Sterling and Shirley Blanchard were present. Mr. Sterling and Ms. Blanchard addressed the Commission about their quality of life having been disrupted; vehicles are in and out of the place at 651 Dutton St. Mr. Sterling submitted copies of citizen complaint and inquiry forms dated 3-7-14 that Mr. Sterling and Ms. Blanchard signed. Chairman Descoteaux asked Mr. Sterling if he had talked to Mr. Slagle [Eric Slagle, Director of Development Services]. There was discussion between Commission, Asst. Solicitor Rossetti, and Asst. Solicitor Veloso, and Mr. Sterling and Ms. Blanchard about communication with the Office of Development License Commission meeting minutes for January 29, 2015 page 2 of 3 Services. The Commission decided to continue the matter to the meeting of February 12, 2015 for the possibility that Mr. Slagle may have an answer for Mr. Sterling and Ms. Blanchard. The Commission reviewed the application by Slesar Bros. Brewing Company, Inc., d/b/a Lowell Beer Works, all alcoholic beverages Restaurant licensee at 203 Cabot Street, for alteration of licensed premises, i.e. renovation of existing room to provide four (4) billiards tables and seating. The application for Public Amusement for Billiards and Pool, four tables, by Slesar Bros. Brewing Company, Inc. for premises at 203 Cabot St. was reviewed. The Commission on the motion by Chairman Descoteaux, second by Commissioner Krieger, ratified the publication of legal notice for January 30, 2015, and to hold the public hearing for February 12, 2015. The Commission opened the public hearing on the application by Bishop’s Restaurant Inc., d/b/a Bishop’s Legacy Restaurant, Charles M. Saba, President, for an all alcoholic beverages Restaurant license for premises at 143 Merrimack Street; first floor two rooms for restaurant; sidewalk seating approx. 380 sq. ft.; kitchen; basement for storage. Charles M. Saba was present. It is requested that Charles M. Saba be approved as manager of record for Bishop’s Restaurant Inc. The following license applications were filed by Bishop’s Restaurant Inc.: common victualler; entertainment in a licensed restaurant – live music, disc jockey, juke box. Chairman Descoteaux opened the hearing for public comment in favor of the application, and opposed to the application. There was no one present who spoke in favor or in opposition to the application. The public commentary portion of the hearing was closed. Mr. Saba addressed the Commission, stated that the premises was formerly La Boniche. The maximum occupancy is 92 inclusive of the sidewalk seating area. The hearing was declared closed, and the following action taken on the motion by Commissioner McCarthy, second by Commissioner McGovern, to grant the all alcoholic beverages Restaurant license to Bishop’s Restaurant, Inc. for calendar year 2015 premises at 143 Merrimack Street inclusive of sidewalk seating area; to approve Charles M. Saba as manager of record for Bishop’s Restaurant, Inc.; to grant licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, juke box. The Commission did not find the alcoholic beverages Restaurant license granted to Bishop’s Restaurant, Inc. for premises at 143 Merrimack St. would be detrimental to the school activity of Lowell High School, Lowell High Freshman Academy, Lowell License Commission meeting minutes for January 29, 2015 page 3 of 3 Middlesex Academy Charter School, or to the religious activity of St. Anne’s Episcopal Church, St. Joseph The Worker Shrine. The Commission opened the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, against Camila, LLC d/b/a Reservations, Jorge A. Torres, Manager, all alcohol beverages Restaurant licensee at 179 Central Street, that there are allegations [December 26, 2014] of misconduct regarding non-compliance with sections 1.06 and 1.16 of License Commission Alcoholic Beverages Regulations, and ABCC CMR 4.03, Prohibition of Certain Practices. The Superintendent identified the licensee Camila, LLC as having failed to maintain the fire alarm system on December 24, 2014. The communication from the Superintendent includes a copy of the Alarm Activity Report for the period 12-14-2014 to 12-24-2014 from the Lowell Fire Department for Reservations Lounge. Jorge Torres, manager of record for Camila, LLC, d/b/a Reservations, appeared before the License Commission at the hearing. Thomas F. Fleming, Esquire, was present to represent the licensee as legal counsel. Shaun Shanahan, Building Commissioner for the City of Lowell, was present to address the Commission about the fire alarm activity report. As testimony was presented by Attorney Fleming and Commissioner Shanahan, the License Commission questioned both individuals about the report, the time when the alarm failed to test and subsequent call from the Fire Department to Jorge Torres. Commissioner Shanahan confirmed the time sequence as noted in the alarm activity report. Officials from Fire Prevention went to Reservations on December 24, 2014 and because of the failed alarm system the business was closed. Mr. Torres, during the initial period when the alarm was reported inactive, did not return a phone call from Fire officials. It was after the restaurant closure by Fire officials when Mr. Torres responded to Fire Prevention, and soon thereafter the problem with the alarm system was resolved. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to place 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, against Camila, LLC d/b/a Reservations, Jorge A. Torres, Manager, all alcohol beverages Restaurant licensee at 179 Central Street, that there are allegations [December 30, 2014] of misconduct regarding non-compliance with sections 1.06 and 1.16 of License Commission Alcoholic Beverages License Commission meeting minutes for January 29, 2015 page 4 of 3 Regulations, and ABCC CMR 4.03, Prohibition of Certain Practices. The Commission heard from Attorney Fleming, legal counsel for Camila, LLC, in response to the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, in the communication dated December 30, 2014. Camila, LLC is charged with violating Alcoholic Beverages Regulations for Licenses Issued by the Lowell License Commission Section 1.06 Compliance with All Laws and Regulations, and Section 1.16 Manager’s Responsibilities; 204 CMR 4.00: Alcoholic Beverages Control Commission Prohibition of Certain Practices 204-4.03: Certain Practices Prohibited. On December 27, 2014, social media outlets advertised the following: “Free Shots of U.V. Blue after every drink purchase. Music by DJ Kruza. Reservations 179 Central Street, Lowell, MA 01852” The advertisement noted “Every Friday Night U.V FRIDAYS.” Attorney Fleming, accompanied by Jorge Torres, stated that there was nothing given for free, and since [Reservations] has ceased the promotion; essentially not a free drink. When questioned by the Commission, Atty. Fleming explained that there was a two (2) drink limit to be purchased by a patron, the first drink would be a mixed drink priced at $6.00, and the second drink, a UV shot, priced at $3.00. The shot of UV would be placed on the side of the [glass] which contained the mixed drink as a “rider.” When the Commission understood the situation as one of false advertisement, the licensing board found Mr. Torres irresponsible when considering the possibility that irate patrons might have deliberately caused a disturbance. Mr. Torres did acknowledge at the hearing that there were customers who felt deceived because of the [false] promotion. The Commission voted to find Camila, LLC in violation of License Commission regulations as noted, and of the ABCC regulations, and on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to suspend the all alcoholic beverages Restaurant license, license for common victualler, and entertainment in a licensed restaurant for thirty (30) days commencing February 18, 2015. The Commission, in finding the licensee in violation, considered not only the finding of illegal activity taking place via social media on December 27, 2014, but also the findings of the Commission at disciplinary hearings held July 31, 2014, November 6, 2014, and December 18, 2014. At each of the three hearings in calendar year 2014, Jorge Torres, the manager of record for Camila, LLC, had to answer to violations of License Commission regulations, ABCC regulations, and Massachusetts General Law chapter 138, known as the Liquor Control Act. The License License Commission meeting minutes for January 29, 2015 page 5 of 3 Commission finding of misconduct by said licensee on July 31, 2014 was cause for a five (5) days suspension, two (2) days to be held in abeyance. The licensing board at the November 6th hearing because of a failure in the fire alarm system and building and health code violations was ordered to appear before the Commission at a meeting in March 2015 to present evidence that the licensee is in full compliance of local and state regulations. At the hearing held December 18th the Commission, in finding misconduct by the licensee, suspended the licenses for alcohol beverages, common victualler, and entertainment for a total of twelve (12) days, to wit, two (2) days in abeyance from July 31, 2014 decision, and an additional ten (10) days, three (3) days of which are in abeyance until December 31, 2015. The Commission voted to adjourn the meeting at 7:20 p.m. on a motion by Commissioner Krieger, second by Commissioner McCarthy. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission meeting minutes for January 29, 2015 page 6 of 3