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License Commission

Regular Meeting

Lowell, MA · March 26, 2015

AgendaMinutes

Minutes

Minutes for Lowell License Commission meeting, Thursday, March 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 Kristen Hogan, Nancy McGovern; and Captain Thomas Kennedy of the Lowell Police Department, Elliott Veloso, Asst. City Solicitor. Absent: Commissioners Cliff Krieger and Terry McCarthy The Commission approved the minutes for meeting March 12, 2015 on the motion by Commissioner Hogan, second by Commissioner McGovern. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one from the following individuals: Tracy Martino of Aramark, University Crossing, Maloney Ballroom, 200 Pawtucket St., Photo Exhibit, Monday, March 30, 2015, 4:00 p.m. to 7:30 p.m. Tracy Martino was present. Tracy Martino of Aramark, Saab Emerging Technologies & Innovation Center, 40 University Ave., Retirement Party, Wednesday, April 1, 2015, 3:00 p.m. to 8:00 p.m. Tracy Martino of Aramark, University Crossing, Maloney Ballroom, 200 Pawtucket St., Cap & Gown Reception, Monday, April 6, 2015, 2:00 p.m. to 9:00 p.m. Jim Lichoulas for Friday, April 17, 2015 from 5:00 p.m. to 11:00 p.m. for Private Party, at Coffee and Cotton, Mill No. 5, 250 Jackson St., 4th floor. Jim Lichoulas was present. Mr. Lichoulas stated there will be approximately 40 people attending the party. James O’Hearn of Pollard Library Foundation for Thursday, April 30, 2015 from 6:00 p.m. to 8:00 p.m. for 9th Annual Meet the Author Night at Memorial Hall, Pollard Memorial Library, 401 Merrimack St. James O’Hearn was present. 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 McGovern, second by Commissioner Hogan. License Commission minutes for March 26, 2015 page 1 of 4 The Commission reviewed the application for special events permit for amplification of sound for outdoor public entertainment by Sambath Bo, Clemente Park Committee, sound system for live band, traditional Cambodian orchestra, Annual Cambodian New Year Celebration, Saturday, April 11, 2015, 11:00 a.m. to 6:00 p.m., Pailin Volleyball Complex at Roberto J. Clemente Park, 803 Middlesex St. Sambath Bo was present. The Commission approved the special events permit for April 11, 2015 on the motion by Commissioner Hogan, second by Commissioner McGovern. The Commission opened the public hearing continued from March 12, 2015 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 Seema Patel. Seema Patel is proposed as the manager of record for V M Corp. Chairman Descoteaux questioned Chirag Patel and Seema Patel about their plans for The Windsor Shoppe. The Patel’s stated that they will continue to operate the store in its present manner. Upon the hearing being declared closed, on the motion by Commissioner Hogan, second by Commissioner McGovern, the Commission voted to approve the transfer of license for malt beverages & wines only Package Store from Windsor Shoppe, Inc. to V M Corp, d/b/a The Windsor Shoppe, for premises at 583 Westford Street. The Commission voted to approve Seema Patel as manager of record for V M Corp., d/b/a The Windsor Shoppe, for premises at 583 Westford St. The Commission opened the public hearing on 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 box. The following License Commission minutes for March 26, 2015 page 2 of 4 individuals were present: Peter Huynh, Justina Huynh, and Attorney Chris Doherty as legal counsel for the applicant. Attorney Doherty introduced Peter Huynh and Justina Huynh; each individual is excited to bring a very neat popular Japanese cuisine [into downtown]. Commissioner Hogan asked if each person is T.I.P.S. certified. Peter Huynh and Justina Huynh stated yes. Chairman Descoteaux asked about the opening date. Atty. Doherty stated May 2nd. 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. Chairman Descoteaux stated it is good to see someone moving into the site formerly Mambo Grill restaurant. Commissioner McGovern asked about the hours of operation. Peter Huynh stated will have hours of operation to serve lunch, opening at 11 a.m., and will close at 12:00 midnight. The hearing was declared closed, and the following action taken on the motion by Commissioner Hogan, second by Commissioner McGovern, to grant the all alcoholic beverages Restaurant license to 1981 Ramen Bar LLC for calendar year 2015 premises at 129-131 Merrimack Street; to approve Justina Huynh as manager of record for 1981 Ramen Bar LLC; 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 1981 Ramen Bar LLC for premises at 129-131 Merrimack St. would be detrimental to the school activity of Lowell High School, Lowell High Freshman Academy, Lowell Middlesex Academy Charter School, or to the religious activity of St. Anne’s Episcopal Church, St. Joseph The Worker Shrine. The Commission reviewed two applications filed by Mary Ciccarelli of St. Michael Parish. The first application for special one-day license to sell/dispense all alcoholic beverages for Saturday, May 2, 2015 from 6:00 p.m. to 11:30 p.m. for St. Michael’s Live Auction at St. Michael Church Hall, 24 Sixth St. The second application for special one-day licenses to sell/dispense malt beverages & wines only, or either one for Saturday, May 2, 2015 from 5:00 p.m. to 6:00 p.m. for St. Michael’s Silent Auction at St. Michael School Hall, 21 Sixth St. Ms. Ciccarelli was present. The Commission, on the motion by Commissioner McGovern, second by Commissioner Hogan, voted to approve the two licenses for Mary Ciccarelli of St. Michael Parish for said events of May 2, 2015. License Commission minutes for March 26, 2015 page 3 of 4 Chairman Descoteaux opened discussion with Commissioner Hogan and Commissioner McGovern about the application for transfer of all alcoholic beverages Restaurant license from Hayhurst Group, Inc. to Mill City Suds, Inc. for premises at 76-78 Merrimack St. The License Commission approved the application on December 4, 2014. Kevin Hayhurst of Hayhurst Group, Inc. and Joel Asadoorian of Mill City Suds, Inc. were present. Mr. Hayhurst stated that there had been a document[s] snafu caused by a company hired to process the employee payroll. Having hired a new accountant, Mr. Hayhurst stated, received documents one (1) month ago. Asst. Solicitor Veloso stated that the [transfer] application may be submitted to the A.B.C.C. for approval, not to have the matter remain in limbo; if there is a return due to non-compliance with tax laws by the A.B.C.C., then the [License Commission] may have to go back to beginning. Chairman Descoteaux stated the License Commission will look for change of manager of record if [not approved] by A.B.C.C. It was duly noted by Chairman Descoteaux that the Executive Secretary mailed said transfer application to the A.B.C.C. on March 25, 2015. The Commission, on the motion by Commissioner McGovern, second by Commissioner Hogan, placed the matter of Hayhurst Group, Inc. on file. The Commission voted to adjourn the meeting at 6:50 p.m. on a motion by Commissioner McGovern, second by Commissioner Hogan. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for March 26, 2015 page 4 of 4

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