License Commission

Minutes for Lowell License Commission meeting, Thursday, March 12, 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, Elliott Veloso, Asst. City Solicitor. The Commission approved the minutes for meeting February 26, 2015 on the motion by Commissioner Krieger, second by Commissioner Hogan. Commissioner Krieger noted a correction to be made on page 3, line 24 – spelling Krieger. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Jack Fletcher of Lowell Catholic Athletic Dept. for Friday, March 13, 2015 from 7:00 p.m. to 11:00 p.m. for the 2nd Annual Trivia Night at Lowell Catholic Auditorium, 530 Stevens St. Mr. Fletcher was present. Richard S. Barrett of Kilkenny Pub for Tuesday, March 17, 2015 from 4:00 p.m. to 12:00 midnight for St. Patrick’s Day in a tent enclosed area at parking lot adjacent to Kilkenny Pub, 660 Rogers St. Mr. Barrett was present. Gabby Davis for Saturday, March 21, 2015 from 6:00 p.m. to 9:00 p.m. for the event Beards & Brews, Craft Beer Tasting at Mill No. 5, 250 Jackson St., 4th floor. Ms. Davis was present. Elizabeth Kegley of the Merrimack Repertory Theatre for Monday, March 23, 2015 from 5:30 p.m. to 8:30 p.m. for a theatrical performance by the Merrimack Repertory Theatre, at Liberty Hall, 50 East Merrimack St. Ms. Kegley was present. License Commission minutes for March 12, 2015 page 1 of 7 Jim Lichoulas for Thursday, April 2, 2015 from 5:00 p.m. to 12:00 midnight for Luna Sessions (jazz music performance, at The Luna Theatre, Mill No. 5, 250 Jackson St., 4th floor. Mr. Lichoulas was present. Jim Lichoulas for Thursday, April 9, 2015 from 5:00 p.m. to 12:00 midnight for Luna Sessions (jazz music performance, at The Luna Theatre, Mill No. 5, 250 Jackson St., 4th floor. Jim Lichoulas for Thursday, April 16, 2015 from 5:00 p.m. to 12:00 midnight for Luna Sessions (jazz music performance, at The Luna Theatre, Mill No. 5, 250 Jackson St., 4th floor. Jim Lichoulas for Thursday, April 23, 2015 from 5:00 p.m. to 12:00 midnight for Luna Sessions (jazz music performance, at The Luna Theatre, Mill No. 5, 250 Jackson St., 4th floor. Jim Lichoulas for Thursday, April 30, 2015 from 5:00 p.m. to 12:00 midnight for Luna Sessions (jazz music performance, at The Luna Theatre, Mill No. 5, 250 Jackson St., 4th floor. Chairman Descoteaux reminded the applicants of their responsibilities as manager for the sale and service of alcohol beverages. The Commission approved the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one on the motion by Commissioner Krieger, second by Commissioner Hogan. The Commission reviewed the application for special events permit for amplification of sound for outdoor public entertainment by Richard S. Barrett, Kilkenny Pub, Inc., sound system for band, disc jockey, St. Patrick's Day, Tuesday, March 17, 2015, 4:00 p.m. to 10:00 p.m., in a tent enclosed area at the parking lot adjacent to Kilkenny Pub, 660 Rogers St. Mr. Barrett was present. Captain Kennedy commented on a matter of public safety for Mr. Barrett’s information. The Commission approved the application for special events permit for amplification of sound for Richard S. Barrett, Kilkenny Pub, Inc. on the motion by Commissioner McCarthy, second by Commissioner McGovern. License Commission minutes for March 12, 2015 page 2 of 7 The Commission opened the public hearing on the application by Diamond Action, Inc., d/b/a Lowell Spinners, Drew Weber, Manager, for all alcoholic beverages Restaurant license for premises at 450 Aiken Street, Edward A. LeLacheur Park, an open air baseball stadium. It is proposed that a change of manager be approved from Drew Weber to Timothy A. Bawmann of New Hampshire. The following individuals were present: Timothy Bawmann, Gareth Markey, and Atty. Andrea Batchelder, legal counsel for Diamond Action, Inc. Chairman Descoteaux opened the hearing for public comment to those individuals who wished to speak in favor of the application. No person spoke in favor; that portion of the hearing was closed. The hearing was opened to those individuals who wished to speak in opposition of the application. No person spoke in opposition; that portion of the hearing was closed. Mr. Bawmann, when asked by the Commission, explained that there have been more requests by fans for [variety] in service of alcohol beverages; the club intends to rename the concession area known as “The Gator Pitt.” Gareth Markey was introduced as the person to monitor the concession areas during game days. The hearing was declared closed, and the following action taken on the motion by Commissioner Hogan, second by Commissioner Krieger, to grant the all alcoholic beverages Restaurant license to Diamond Action, Inc. for calendar year 2015 premises at 450 Aiken Street Edward A. LeLacheur Park, an open air baseball stadium; to approve Timothy A. Bawmann as manager of record for Diamond Action, Inc. The Commission opened the public hearing on 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 following individuals were present: Chirag A. Patel, and Atty. Greg Demakis, License Commission minutes for March 12, 2015 page 3 of 7 legal counsel for V M Corp. Attorney Demakis stated that Mr. Patel and his wife Seema C. Patel have entered into a 3-year lease with Mr. Farid Bahou. The Patel’s will reside on the second floor. Mrs. Patel is the proposed manager of record; she is T.I.P.S. certified. Mrs. Patel, according to Attorney Demakis, is unable to be present because their child in not well this evening. Chairman Descoteaux opened the hearing for public comment to those individuals who wished to speak in favor of the application. No person spoke in favor; that portion of the hearing was closed. The hearing was opened to those individuals who wished to speak in opposition of the application. No person spoke in opposition; that portion of the hearing was closed. Commissioner Krieger requested the presence of the new manager before the License Commission. A brief discussion took place on the matter of having Mrs. Patel appear before the License Commission at the next scheduled meeting, March 26, 2015. Chairman Descoteaux made the motion to table the application for two (2) weeks, second by Commissioner Hogan, so voted. The Commission reviewed the application continued from February 26, 2015 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. Kevin Stuart and Atty. Greg Curtis, legal counsel for Stuart’s Automotive, Inc., were present. Attorney Curtis asked if there is a question about the plot plan. Chairman Descoteaux requested Asst. Solicitor Veloso offer an explanation. Asst. Solicitor Veloso stated that last summer personnel from the City Engineer’s office, upon a site review, determined an encroachment of the chain link fence to a substantial degree [near] Cambridge Street; the personnel used spray paint to line License Commission minutes for March 12, 2015 page 4 of 7 the lot to correct an error. The plot plan filed with the application shows an error with the chain link fence [alignment]. Chairman Descoteaux stated [the Commission] wants to be making right for future [reference]. The Commission, at the end of discussion, voted on the motion by Commissioner McCarthy, second by Commissioner McGovern, to continue the matter of the application by Stuart’s Automotive, Inc. to April 9, 2015. The Commission reviewed the application by Pho VStar Restaurant & Lounge, LLC, Thai Duc Ninh, Manager of LLC, for a license for common victualler at premises 602 Merrimack St. Attorney Patrick J. Wood of Chelmsford, MA has filed communication dated 3-9-2015 regarding application, and duly noted licensee of record is AMAE Restaurant, LLC, Thu Quoc Vu, Manager. Atty. Patrick Wood and Thai Ninh were present. The Commission heard a summary of the renewal of the all alcoholic beverages Restaurant license for 2015 filed by Amae Restaurant, LLC, d/b/a Black Koi Restaurant & Lounge, Thu Quoc Vu, Manager, from the Executive Secretary. Attorney Wood stated the restaurant opening was delayed due to remodeling, and the [recent] snow. Atty. Wood stated upon passing health inspection as well as meeting the requirements of Fire Department and Development Services a Certificate of Inspection was issued for the restaurant for 2015. An application was filed last week for a common victualler license; ten (10) days ago the restaurant opened without the sale and service of alcohol beverages. Chairman Descoteaux asked Atty. Wood where is Vu [manager of AMAE]. Atty. Wood stated Mr. Vu has a business in Chelmsford [MA]. Commissioner Krieger stated we [Commission] can’t excuse [the process ownership chose] prior to obtaining License Commission approval. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to grant a ‘common victualler’ license to Pho VStar Restaurant & Lounge, LLC, Thai Duc Ninh, Manager, for premises at 602 Merrimack Street, for the License Commission minutes for March 12, 2015 page 5 of 7 calendar year 2015, and to ratify the last twenty (20) days as part of the license period. Chairman Descoteaux informed Atty. Wood and Thai Ninh that there are to be no alcohol beverages on the premises pending the filing of an application for license transfer, License Commission approval, and approval of the Alcoholic Beverages Control Commission. Atty. Wood and Mr. Ninh acknowledged the condition of the License Commission. The Commission, on a motion by Commissioner McCarthy, second by Commissioner Hogan, voted to amend the regulation governing the requirement that applicants shall appear before the Lowell License Commission at regular meetings. Chairman Descoteaux recommended that it be made easier for applicants who have regularly appeared before the Commission by allowing for an appearance in January and then again in July. Commissioner Krieger made the motion, second by Commissioner Hogan, to accept Asst. Solicitor Veloso recommendation that an amendment be drafted by the Law Department for License Commission approval affecting the circumstances when an applicant shall appear at a regular meeting of the licensing board, so voted. The Commission reviewed the application by 1981 Ramen Bar LLC, d/b/a 1981 Ramen Bar and Kitchen, Peter C Huynh, Manager of LLC, for an all alcoholic beverages Restaurant license for premises at 129-131 Merrimack Street, one unnumbered door north side, one room for restaurant, kitchen, and basement for storage. It is requested that Justina Huynh be approved as manager of record for 1981 Ramen Bar LLC. 1981 Ramen Bar LLC has filed applications for license for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, juke. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to ratify the publication of a legal notice for March 16, 2015, and that the public hearing is scheduled for March 26, 2015. License Commission minutes for March 12, 2015 page 6 of 7 The Commission reviewed the communication from Joseph Bue of Hynes’ Tavern dated 3-3- 2015 request for date change for special one-day license for malt beverages and wines only and for special events permit for amplified outdoor public entertainment from March 8, 2015 to Sunday, April 19, 2015 in conjunction with the Hynes’ Road Race [license and permit originally granted 2-12-2015]. The Commission voted to approve the requested change in date for said licenses on the motion by Commissioner Krieger, second by Commissioner McCarthy. Commissioner McGovern made the motion, second by Commissioner McCarthy, to place on file the communication from Chandra Parry of Mollers Building, 33 Middle St., dated 3-10-2015, re: trash, full dumpster in open space behind premises of Finn’s Pub and Mill City Ballroom. The Commission voted to adjourn the meeting at 7:25 p.m. on a motion by Commissioner Hogan, second by Commissioner McGovern. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for March 12, 2015 page 7 of 7