License Commission

Minutes for Lowell License Commission meeting, Thursday, April 9, 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, Nancy McGovern, and Terry McCarthy; and Captain Thomas Kennedy of the Lowell Police Department, Kenneth Rossetti, Asst. City Solicitor. The Commission approved the minutes for meeting March 26, 2015 on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one from the following individuals: Jeffrey D. Prescott of the Merrimack Repertory Theatre, at Nancy Donahue Liberty Hall, 50 East Merrimack St., for Theatrical Performances by the Merrimack Repertory Theatre, April 23, 24, 25, 26, 29, 30, May 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 2015 [19 dates]., concession sales/service for one (1) hour prior to performance, and during fifteen (15) minute intermission. Mr. Prescott was present. Andrea R. Mason, Jericho Road Project, at UTEC, 34 Hurd Street, for Spring Celebration Party, Friday, May 1, 2015, 7:00 p.m. to 10:30 p.m. Ms. Mason was present. On the motion by Commissioner Hogan, second by Commissioner McGovern, the Commission approved licenses for Jeffrey D. Prescott of the Merrimack Repertory Theatre, and Andrea R. Mason of Jericho Road Project. The Commission reviewed the applications for special one-day licenses to dispense Wines only: Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street, Artists reception - Exposed 2015, Saturday, April 25, 2015, 4:00 p.m. to 6:00 p.m. My. Syverson was present. Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street, Artists reception - Tiny But Mighty, Saturday, June 20, 2015, 4:00 p.m. to 6:00 p.m. Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street, Artists reception - Quote Unquote: Family Refrains, Saturday, August 8, 2015, 4:00 p.m. to 6:00 p.m. License Commission minutes for April 9, 2015 page 1 of 5 The Commission approved the licenses for Steve Syverson on the motion by Commissioner McCarthy, second by Commissioner Hogan. The Commission reviewed the applications for public amusement licenses. For Carnival license, Dean & Flynn Inc., dba Fiesta Shows of Seabrook, NH, John A. Flynn, representative, Welcome/Festival Field, 381-501 Pawtucket Blvd., Fri., May 22, 6:00 p.m. to 11:00 p.m.; Sat., May 23, Mon., May 25, 12:00 p.m. to 11:00 p.m.; Tues., May 26 to Fri., May 29, 6:00 p.m. to 11:00 p.m.; Sat., May 30, 2015, 12:00 p.m. to 11:00 p.m. Mr. Flynn was present. Carnival, Dean & Flynn Inc., dba Fiesta Shows of Seabrook, NH, John A. Flynn, representative, Welcome/Festival Field, 381-501 Pawtucket Blvd., Thurs., September 10, Fri., September 11, 6:00 p.m. to 11:00 p.m.; Sat., September 12, 2015, 12:00 noon to 11:00 p.m. For Concert, Ankit Tiwari, Sat., April 25, 2015 from 7:00 p.m. to 9:30 p.m., by Global Spectrum, LP, Keith Vaske, General Manager, at Lowell Memorial Auditorium, 50 E. Merrimack St. Mr. Dean Easterling was present. Concert, Chainsmokers, Thurs., April 30, 2015 from 8:00 p.m. to 10:30 p.m. by Global Spectrum, LP, Keith Vaske, General Manager, at Lowell Memorial Auditorium, 50 E. Merrimack St. The Commission approved public amusement licenses for Dean & Flynn Inc. and Global Spectrum, LP on the motion by Commissioner Hogan, second by Commissioner Krieger. The Commission reviewed the application for Second Hand Articles license by Henry W. Garrity for premises at 70 Gorham Street. Mr. Garrity was present. Mr. Garrity answered several questions from Chairman Descoteaux. Mr. Garrity stated that he has been in the business secondhand [articles] since 1974. On the motion by Commissioner McCarthy, second by Commissioner Hogan, the Commission approved the license for Second Hand Articles to Henry W. Garrity for premises at 70 Gorham St. The Commission opened for review the matter from March 12, 2015 of 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 License Commission minutes for April 9, 2015 page 2 of 5 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 were present. Chairman Descoteaux opened discussion about the fence encroachment on City property, suggesting conditional approval of the change of location of the Class II license if there is a resolution of the fence location. Asst. Solicitor Rossetti stated the Commission [wait] for final resolution about the fence encroaching on City property. Commissioner Krieger suggested a third option is to determine at the time of renewal if there is resolution. Asst. Solicitor Rossetti stated the City is not recommending [allowance] of using City property which will set a precedent, better option is fairly short term, address at the next meeting after a survey is conducted, and then inform applicant if the [matter] is resolved. Chairman Descoteaux noted a serious parking issue where it is proposed for the [sale/storage] of two (2) vehicles outside the fence in front. Atty. Curtis stated that it is not critical the parking out front; the fence can be rectified. This is our third time here. Kevin Stuart addressed the Commission about the parking in front; the tow trucks will park in front. Chairman Descoteaux recommended seven (7) spaces as noted in the plan and application. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to approve the change of location of the Class II license from 117 Congress Street to 97 Tanner Street, and to amend description of premises, to wit: open lot within fence enclosed area at gate entrance approx. 1,200 sq. ft. with office at 97 Tanner St. building; maximum number of vehicles seven (7) within fence enclosed area at gate entrance. The Commission reviewed the application for all alcoholic beverages Restaurant license by Coco Luna LLC, James T. Lichoulas III, LLC Manager, d/b/a Coffee and Cotton, d/b/a The Luna Theatre, for premises at 250 Jackson Street, unit #434, a café and function space, approximately 3125 square feet, and unit #490, theatre for cinema and stage, approximately 3600 square feet. Motion by Commissioner McCarthy, second by Commissioner Hogan, to have legal notice published in local newspaper on April 17, 2015, and to schedule public hearing for April 30, 2015 at 6:30 p.m. in the Council Chamber, so voted. License Commission minutes for April 9, 2015 page 3 of 5 The Commission reviewed the application for all alcoholic beverages Restaurant license by NAI Entertainment Holdings LLC, d/b/a Showcase Cinema Lowell, Michael G. Kszystyniak, Vice President and Treasurer, for premises at 32 Reiss Ave. inclusive of beverage and food service area, 14 auditoria, main lobby, lobby spillways, concession stand in main lobby, and liquor storage area. Motion by Commissioner McGovern, second by Commissioner McCarthy, to have legal notice published in local newspaper on April 17, 2015, and to schedule public hearing for April 30, 2015 at 6:30 p.m. in the Council Chamber, so voted. Commissioner McGovern at 7:00 p.m. left the Council Chamber, having recused herself from the following agenda item, citing a potential conflict of interest. The Commission reviewed the communication dated March 12, 2015 from William M. Taylor, Superintendent of Police, Vannak Kann, d/b/a The Crown, Vannak Kann, Manager, all alcohol beverages Restaurant licensee at 74 Middlesex Street, allegations 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. It was voted to schedule the hearing for April 30, 2015. Commissioner McGovern returned to the Council Chamber at 7:05 p.m. The Commission reviewed the communication dated March 31, 2015 from William M. Taylor, Superintendent of Police, Hayhurst Group Inc., d/b/a Finn’s Pub, Kevin Hayhurst, Manager, all alcoholic beverages Restaurant licensee at 76-86 Merrimack Street, allegations of misconduct regarding non- compliance with sections 1.15, 1.16, 1.20 of License Commission Alcoholic Beverages Regulations, and A.B.C.C. CMR 2.05 (2) to wit, permitting disorder, disturbance or illegality. It was voted to schedule the hearing for April 30, 2015. The Commission also voted to conduct a hearing on the public need to decrease hours from 2:00 a.m. to 11:00 p.m. in accordance with section 12 of chapter 138 of Massachusetts General Law. Chairman Descoteaux requested a letter to be sent to Hayhurst Group Inc. regarding the matter of change of manager. License Commission minutes for April 9, 2015 page 4 of 5 The Executive Secretary explained the matter of an E-Gov Services communication dated April 5, 2015 re complaint of extremely loud music from second floor addition over parking lot of Portuguese American Civic League, 512 Central St.; citing there has been an alteration of premises without License Commission approval. The Commission recommended Captain Kennedy have Lowell Police conduct a review of the Club licensee’s activity. The Executive Secretary will contact the licensee about the second floor addition. The Commission voted to adjourn the meeting at 7:20 p.m. on a motion by Commissioner Krieger, second by Commissioner Hogan. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for April 9, 2015 page 5 of 5