License Commission

Minutes for the special meeting of the Lowell License Commission held on Thursday, March 24, 2016 at 12:00 p.m., in the Mayor’s Reception Room, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, and Terry McCarthy; and Deputy Superintendent Jack Webb of the Lowell Police Department, and 1st Assistant Solicitor Ken Rossetti. Absent: Commissioners Kristen Hogan and Nancy McGovern. The special meeting is a continuation of a hearing of the License Commission held on March 10, 2016 as the License Commission considered the public need in accordance with Massachusetts General Laws Section 12, Chapter 138, to review the License Commission’s decision of February 11, 2016 to decrease the closing time of operation of the establishment Vannak Kann [licensee and manager of record], d/b/a The Crown, located at 74 Middlesex Street, from 2:00 a.m. to 12:30 a.m. for the sales of alcoholic beverages during the calendar week (Sunday to Saturday). Furthermore, the License Commission reviewed the revised business plan for The Crown following the License Commission’s hearings of February 11, 2016 and March 10, 2016, and a proposed meeting of Vannak Kann with Lowell Police Deputy Superintendent Jonathan Webb. Commissioner McGovern had recused herself from the hearing on March 10, 2016 due to a conflict of interest. Mr. Vannak Kann was present. Mr. Kann was accompanied by family and friends. Mr. Kann presented a 6-page document entitled “Crown Standards Operational Procedure.” Mr. Kann made an oral presentation, outlining security measures for entry by patrons, ID check, security employed by The Crown to walk around inside the establishment. Mr. Kann confirmed when asked by Chairman Descoteaux that an older crowd is sought for The Crown. There will be a comedy night; country music and line dancing will a part of the entertainment at The Crown. Chairman Descoteaux stated . . . there is no kitchen. Mr. Kann stated “prepared food” will be available for service at The Crown. Deputy Superintendent Webb stated that on March 11, 2016 he met with Mr. Kann and security employed by The Crown. There was a good discussion. Deputy Supt. Webb stated he made suggestions for checking IDs, dress code; thinks that Mr. Kann is sincere. Deputy Supt. Webb stated that Mr. Kann should not have License Commission minutes for March 24, 2016 page 1 of 3 bottle service at The Crown. Mr. Kann stated that The Crown has V.I.P. service. Chairman Descoteaux questioned the practice of V.I.P. service. Deputy Supt. Webb stated that the Boston Licensing Board may have outlawed bottle service by regulation. Mr. Kann explained that there is a V.I.P. area where five (5) dedicated employees, i.e. servers, are to work in the V.I.P. area. Servers would pour drinks from the bottle, e.g. 32 oz. bottle [bottle purchased by the patron]. Chairman Descoteaux questioned the service Mr. Kann spoke of, citing personal experience of charging and serving a patron for each drink. Assistant Solicitor Rossetti spoke of the public need meriting a reduction in hours for the licensee. Chairman Descoteaux stated the bottle service is not legal, concerned about the responsible manager of record; not totally convinced of increasing the hours from 12:30 a.m. to 2:00 a.m. Commissioner Krieger and Commissioner McCarthy stated their concern about selling a bottle to a patron. Chairman Descoteaux acknowledged a Crown employee who requested to address the Commission to explain the type of bottle service to be offered. Mr. Kann stated there is a cover charge. Chairman Descoteaux made the motion that the licensee is to have last call at 1:05 a.m., and that the legal closing time will be increased from 12:30 a.m. to 1:30 a.m., seconded by Commissioner Krieger. Commissioner McCarthy stated he has a hard time with the bottle service to be offered by the licensee. Commissioner McCarthy offered an amendment to increase the legal closing time to 1:30 a.m. without the V.I.P. service [i.e. bottle service], and in three (3) months return to the Commission. Commissioner McCarthy recommended [Vannak Kann] meets either bi-weekly or once a month with the Lowell Police Department. Commissioner Krieger requested the Executive Secretary and Assistant Solicitor Rossetti review the bottle service. The Executive Secretary and the Assistant Solicitor Rossetti stated the bottle service would be in conflict with the A.B.C.C. regulation on “prohibition of certain practices” [204 CMR 4.00: Prohibition of Certain Practices]. Commissioner Krieger proposed an amendment to increase the legal closing time to 2:00 a.m. without selling a bottle. Commissioner McCarthy seconded the amendment by Commissioner Krieger, stating the bottle service is not legal. The Commission voted on the motion: Chairman Descoteaux voted no; Commissioner Krieger voted yes; Commissioner McCarthy voted yes. The motion was approved 2 yes, 1 no, to increase the legal closing time from 12:30 a.m. to 2:00 a.m., and that the licensee, Vannak Kann, License Commission minutes for March 24, 2016 page 2 of 3 d/b/a The Crown, is not to have “bottle service.” Commissioner Krieger stated he wanted a report of the rules and regulations on bottle service. The Commission voted to adjourn the special meeting at 12:48 p.m. on a motion by Commissioner Krieger, second by Commissioner McCarthy. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for March 24, 2016 page 3 of 3