License Commission

Minutes for Lowell License Commission meeting, Thursday, February 26, 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, Kristen Hogan, Terry McCarthy, Nancy McGovern; and Captain Thomas Kennedy of the Lowell Police Department, Kenneth Rossetti, Asst. City Solicitor, Elliott Veloso, Asst. City Solicitor. The Commission approved the minutes for meeting February 12, 2015 on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed the applications for special one-day licenses to sell/dispense all alcoholic beverages: Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village Street Friday, February 27, 2015 from 5 p.m. to 1:30 a.m., fundraiser for African children Saturday, April 11, 2015 from 6 p.m. to 1:30 a.m., Prince of Holy Trinity [reception] Saturday, April 18, 2015 from 6 p.m. to 1:30 a.m., fundraiser for Holy Ghost Society Saturday, April 25, 2015 from 5 p.m. to 1 a.m., sweet # 16 [party] Saturday, May 2, 2015 from 6 p.m. to 1:30 a.m., Saint John Queen [reception] Saturday, May 9, 2015 from 4 p.m. to 1 a.m., First Communion [reception] Sunday, May 24, 2015 from 2 p.m. to 11 p.m., Holy Ghost Feast Applications for special one-day licenses to dispense wines only: Karen Boutet of Zeitgeist Gallery, 167 Market Street Saturday, March 7, 2015 from 4 p.m. to 7 p.m., Art Reception Saturday, April 11, 2015 from 4 p.m. to 7 p.m., Art Reception Saturday, May 2, 2015 from 4 p.m. to 7 p.m., Art Reception Mr. Santos was present. Captain Kennedy stated when asked by Chairman Descoteaux there have been no complaints. Mr. Santos stated appreciation to the City of Lowell workers who were very helpful to the Holy Ghost Society when a problem arose at the Park recently. The Commission approved the License Commission meeting minutes for February 26, 2015 page 1 of 5 licenses for Jose M. Santos of the Holy Ghost Society on the motion by Commissioner McCarthy, second by Commissioner Krieger. The Commission ratified a change of date for licenses approved for City of Lowell Winterfest on the motion by Commissioner Krieger, second by Commissioner McCarthy, to wit: Special one-day licenses to sell/dispense all alcoholic beverages: City of Lowell Winterfest, Robin Dupell, Manager, tent and enclosed outdoor area for Club Celsius, adjacent to 50 Arcand Drive, from Friday, February 20, 2015 to Friday, March 13, 2015, 5 p.m. to 12 midnight; City of Lowell Winterfest, Robin Dupell, Manager, tent and enclosed outdoor area for Club Celsius, adjacent to 50 Arcand Drive, from Saturday, February 21, 2015, to Saturday, March 14, 2015, 12 noon to 12 midnight. Special events permit for amplification of sound for outdoor public entertainment: City of Lowell, Henri Marchand, representative, for Winterfest, from February 20, and February 21, 2015, to March 13, and March 14, 2015 from 10 a.m. to 12 a.m., at 50 Arcand Dr. The Commission ratified on the motion by Commissioner McCarthy, second by Commissioner Hogan, a change of date for license approved for Jose M. Santos of the Holy Ghost Society, Holy Ghost park, 65 Village St. for special one-day license for all alcoholic beverages from Sunday, February 15, 2015, 2 p.m. to 1:30 a.m. to Saturday, February 21, 2015 from 2 p.m. to 1:30 a.m. The event “Carnaval” was re-scheduled because of weather conditions. License amended by Executive Secretary on February 18, 2015. The Commission reviewed the application by Stuart’s Automotive, Inc., Kenneth L. Stuart, President, for change of location of Second Hand Motor Vehicles license, Class II, used car Dealer # 472-B, from 117 Congress Street, Indoors only, to 97 Tanner Street, an open lot 1,540 sq. ft. for storage and sale of nine (9) vehicles, seven (7) of the nine vehicles inside a fenced area, and two (2) outside the fenced area per plan on file. The following individuals were present: Kevin Stuart, Treasurer of Stuart’s Automotive, Inc., and Attorney Gregory T. Curtis, legal counsel for Stuart’s Automotive, Inc., were License Commission meeting minutes for February 26, 2015 page 2 of 5 present. Chairman Descoteaux addressed Mr. Stuart and Attorney Curtis, stating he had recently in a period of three (3) days driven by the lot at 97 Tanner Street. Chairman Descoteaux has question[s] about the plot plan, would like to table the matter to allow time for questions to be asked of legal counsel [City Law Department]. Commissioner Krieger made the motion to table the application for two weeks, second by Commissioner Hogan, so voted by the Commission. The Commission opened the review of the inquiry from Donald Sterling and Shirley Blanchard of 8 Wamesit Ct., Lowell regarding allegation of license violations at 705 Dutton St. Mr. Sterling and Ms. Blanchard were present. Chairman Descoteaux stated he spoke to people [near 705 Dutton Street], each time I’ve been there, I’ve seen [activity of] light industrial use, citing the communication dated March 8, 2012; junk cars are not the purview of this Commission; an issue for the police, then from the police to the License Commission. Mr. Sterling responded by reference to comments from police when he has sought police intervention for violations. Captain Kennedy stated that a 2012-2013 investigation resulted in a finding of no violations. Assistant Solicitor Veloso stated that he reached out to Eric Slagle, and reviewed the zoning rules. The use [allows] for auto body, assembly of vehicles. There is no violation in use. Commissioner Krieger questioned the matter of residential building in a light industrial zone. Asst. Solicitor Veloso answered that he cannot advise about legal course of action; the use we found is based upon discussion with Inspectional Services. Mr. Sterling spoke of past problems. Chairman Descoteaux stated that Mr. Kazanjian is not doing anything out of the ordinary. Asst. Solicitor Veloso stated that the residential [property] is historical, grandfathered. The Commission reviewed the application by V M Corp, d/b/a The Windsor Shoppe, Chirag A. Patel, President, for the transfer of the malt beverages & wines only Package Store license from Windsor Shoppe, Inc., Farid W. Bahou Jr., President, for premises at 583 Westford Street, one room for retail store approx. 800 sq. ft.; basement, approx. 800 sq. ft. for storage only. The Commission voted on the motion by Commissioner Krieger, second by Commissioner Hogan to ratify the publication of the License Commission meeting minutes for February 26, 2015 page 3 of 5 legal notice in the local newspaper for the V M Corp application for Monday, March 2, 2015, and that the public hearing is scheduled for March 12, 2015. The Commission opened the public hearing on amendments to Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission. Commissioner Krieger proposed the following amendments: (1) Law department review of paragraph 1.06 – will the Courts allow License Commission to suspend license for failure to pay taxes; (2) Request a polite check of licensees as to compliance of Paragraph 1.13 Display of Licenses and Permits; (3) Revise Paragraph 1.21 a, line 3, to wit: “U p o n r e c e ip t b y the Lic en se Co mmis s i o n w i th in an e ig h te en ( 1 8 ) mo n th p e r io d o f thr ee (3) repor ts fro m th e Midd le sex Coun ty Distr ict A ttorn ey's Off ice, or an y o th er gov ern men ta l agen cy, con tain ing infor mation prov id ed to th e cour t b y an ind iv idu al, t h a t s a id ind iv id u a l w as s er v ed a l co h o l at an e s t ab l ish me n t h o ld ing a l iq u o r lice n s e in th e City o f Low e ll, pr ior to co mmi tting a mo tor v io lation invo lv ing operating under th e inf lu ence of in tox icating liquor : ” Is this one individual three times or three individuals or a mix? (4) Paragraph 3.01-This is Special Conditions and includes mandating video cameras. Revise to read “may mandate video cameras” after any infraction involving physical misconduct as suggested by a citizen; (5) Paragraph 4.02, line 9 – Hours of Operation – update Sunday hours for retail package store from 12 noon to 11 p.m. to 10 a.m. to 11 p.m., and amend City website; (6) Law department review language “. . . applicable penalties under the law” in Paragraph 7.02, line 10 – Special requirements for Certified Art Galleries/Museums. Do we know the penalties, or just our regular remedies? If regular remedies, drop the wording and say we will deny future licenses. License Commission meeting minutes for February 26, 2015 page 4 of 5 Commissioner Krieger began discussion by asking about regulation 1.06. Asst. City Solicitor Veloso stated that the License Commission may notify a licensee for not paying taxes. Commissioner Krieger requested a polite check of business owners to display their licenses. Commissioner Krieger requested to revise item # 3 to make clear. Asst. Solicitor Veloso stated to have in place. The Commission voted on the motion by Commissioner Hogan, second by Commissioner McCarthy, so voted. Commissioner Krieger stated on cameras in Regulation 3.01 Special Conditions to amend to make clear. Discussion on # 6, Asst. City Solicitor Veloso stated it closely mirror’s special one-day license. Commissioner Krieger requested that the words “may mandate” be included regarding video cameras. The Commission voted to include the words “may mandate” on the motion by Commissioner McCarthy, second by Commissioner Hogan. Commissioner Krieger stated he would like to pull back to study further item # 6. Item was tabled by Commission. The Commission voted to adjourn the meeting at 7:15 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 February 26, 2015 page 5 of 5