License Commission

Minutes for Lowell License Commission meeting, Thursday, April 30, 2015 at 6:35 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Nancy McGovern, and Terry McCarthy; and Captain Thomas Kennedy of the Lowell Police Department, Elliott Veloso, Asst. City Solicitor. Kristen Hogan, Commissioner, was absent. The Commission reviewed minutes for meeting April 9, 2015; Commissioner Krieger recommended adding the conjunction “and” before the name Terry McCarthy, line 4, page 1, so voted. The Commission approved the minutes for meeting April 9, 2015 on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one, from: Amelia Tucker for Luna Sessions, jazz performance, at 250 Jackson St., Suite 401, Thursday, May 7, 2015 from 5:00 p.m. to 12:00 mid., with additional applications for May 14, 2015, May 21, 2015, and May 28, 2015. Amelia Tucker was present. Gabby Davis – Made in Lowell, Mill City Wedding Bazar – Craft Beer Area at 250 Jackson St., 4th floor, Mill No. 5 - Unit 435, Saturday, May 9, 2015 from 12:00 noon to 6:00 p.m. Gabby Davis was present. Fr. Charles J. Hughes of St. Anthony’s Parish, Our Lady of Fatima Feast at St. Anthony’s Parish Hall, 893 Central St., Friday, May 8 from 3:00 p.m. to 12:00 midnight, and Saturday, May 9, 2015 from 9:00 a.m. to 1:00 a.m. Fr. Charles J. Hughes was present. Fr. Charles J. Hughes of St. Anthony’s Parish, Saint Anthony’s Feast at St. Anthony’s Parish parking lot, 893 Central St., Saturday, June 13 from 11:00 a.m. to 1:00 a.m., and Sunday, June 14, 2015 from 11:00 a.m. to 12:00 midnight Fr. Raymond Benoit of St. Margaret Parish, St. Margaret School Distinguished Graduate Award Dinner at St. Margaret School, 486 Stevens St., Saturday, May 16, 2015 from 5:00 p.m. to 8:00 p.m. Fr. Raymond Benoit was present. License Commission minutes for April 30, 2015 page 1 of 9 Shawn Sirois of the Lowell Fire Fighters Association for Lowell Fire Fighters road race, concession within fence enclosed area outside club premises at 362-364 Fletcher St. at Willie and Cross Sts., Sunday, May 17, 2015 from 11:00 a.m. to 3:00 p.m. Shawn Sirois was present. Somphanh “Pohne” Phrakonekham of Wat Lao Mixayaram Temple for fundraiser on Temple grounds at 45 Bernier St., Saturday, July 4, and Sunday, July 5, 2015 from 12:00 noon to 8:00 p.m., each day. Somphanh “Pohne” Phrakonekham was present. Chairman Descoteaux reminded all of the applicants of their responsibility regarding the sale and service of alcohol beverages. The Commission voted to approve the applications for malt beverages, wines on the motion by Commissioner McGovern, second by Commissioner Krieger. The Commission reviewed applications for special one-day licenses to sell/dispense all alcoholic beverages, from: Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village Street for Friday, May 8, 2015 from 5:00 p.m. to 1:30 a.m., the event is Brazilian Night; for Saturday, June 6, 2015 from 4:00 p.m. to 1:30 a.m., the event is a wedding. Mrs. Maria Camara, a Holy Ghost Society officer, was present for Jose Santos. Francey Slater for Mill City Grows, for Mill City Grows Farm to Cocktail Fundraiser, at UTEC, 35 Warren St., Wednesday, June 3, 2015 from 5:30 p.m. to 8:00 p.m. Francey Slater was present. The Commission voted to approve the applications for all alcohol beverages on the motion by Commissioner McCarthy, second by Commissioner Krieger. The Commission continued the matter of the application by Merrimack Repertory Theatre, Elizabeth Kegley, Manager, to the meeting scheduled for May 7, 2015 on the motion by Commissioner McCarthy, second by Commissioner Krieger. The Theatre requests a Charity Wine Pouring License for June 18, 2015 at a fundraising event to be held at Aramark Educational Services, LLC, 50 Warren Street, Grand Ballroom. Elizabeth Kegley notified the License Commission office that she would be unavailable for the meeting, and requested a continuance to May 7th. License Commission minutes for April 30, 2015 page 2 of 9 The Commission on the motion by Commissioner McCarthy, second by Commissioner Krieger, ratified the issuance of special one-day licenses for malt beverages & wines only, as follows: 60SP2015, Tracy Martino of Aramark, The Allen House, 2 Solomont Way, Celebration of the Arts Reception, Thursday, April 23, 2015, 4:30 p.m. to 8:00 p.m., Issued April 10, 2015. Tracy Martino was present. 61SP2015, Marc Clermont, Western Ave. Studios, 122 Western Ave., Wearable Art Extravaganza, Friday, May 1, 2015, 7:00 p.m. to 11:00 p.m., Issued April 14, 2015. Marc Clermont was present. 62SP2015, Marc Clermont, Western Ave. Studios, 122 Western Ave., Wearable Art Extravaganza, Saturday, May 2, 2015, 7:00 p.m. to 11:00 p.m., Issued April 14, 2015; 63SP2015, Tracy Martino of Aramark, The Allen House, 2 Solomont Way, Remembering Joyce Denning, Thursday, April 30, 2015, 5:00 p.m. to 9:00 p.m., Issued April 22, 2015. The Commission reviewed the application for public amusement license for Fair by St. Margaret School, Rev. Raymond P. Benoit, Parish Administrator, for St. Margaret School Family Festival on school grounds at 486 Stevens St., Friday, May 22, 6:00 p.m. to 10:00 p.m.; Saturday, May 23, from 12 noon to 10:00 p.m.; Monday, May 25, 2015 from 1:00 p.m. to 5:00 p.m. The promoter is East Coast Amusements, LLC, run by Keough Family of Carlisle, MA. Father Benoit and Carol Wemmitt were present. The Commission approved the public amusement license for fair on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission reviewed the applications for special events permit for amplification of sound for outdoor public entertainment by the following: Dean Dairy Inc., d/b/a Heritage Farm, Robert J. Howard, Jr., President, 163 Pawtucket Blvd., for sound system for disc jockey on Tuesdays and Wednesdays from May 6 to October 7, 2015, 5:00 p.m. to 10:00 p.m. at the parking lot of Heritage Farm Ice Cream. Robert Howard was present. License Commission minutes for April 30, 2015 page 3 of 9 Rev. Charles J. Hughes, St. Anthony’s Church, sound system for band, d.j., public address, Saint Anthony's Feast, Saturday, June 13, 2015, 11:00 a.m. to 12:00 midnight, St. Anthony parking lot, 893 Central Street. Father Hughes was present. Rev. Charles J. Hughes, St. Anthony’s Church, sound system for band, d.j., public address, Saint Anthony's Feast, Sunday, June 14, 2015, 11:00 a.m. to 10:00 p.m., St. Anthony parking lot, 893 Central Street Nicholas Petrakos, Blue Shamrock, Inc., 105 Market Street, sound system for live music, d. j., radio, for May, June, July, August, September 2015, Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 a.m., sidewalk seating area at 105 Market Street, corner of Palmer St. Nick Petrakos was present. Somphanh Phrakonekham, Wat Lao Mixayaram of New England, 45 Bernier Street, sound system for band, for temple fundraiser, Saturday, July 4, 2015, and Sunday, July 5, 2015, 12 noon to 8 p.m. each day, fence enclosed grounds of temple, 45 Bernier St. Somphanh Phrakonekham was present. The Commission approved the special events permits on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed the application for Second Hand Motor Vehicles – used car Dealer, Class II, license by Smith Kids, LLC, d/b/a Chappy’s Auto Repair, Philip Smith, Manager, for premises at 47 Aiken Avenue and 30 Dalton Street. Licensee of record for 2015 is Chappy’s Auto Repair, Inc., Jean R. Chaput, President, used car Dealer, Class II, license # 372-B, for premises at 47 Aiken Ave., an open lot, approx.. 2,400 sq. ft. Building with office area 8 ft. by 10 ft. Phil Smith and Lynn Smith were present. Chairman Descoteaux asked of the Executive Secretary to give a review of the action of the Commission from the meeting in 2014 [April 10, 2014]. The Secretary stated the license application was approved for the premises of Chappy’s Auto Repair in 2014, and at the time, there was the matter of the City’s zoning regarding the outdoor storage of second hand motor vehicles for sale. The license was not issued to Smith Kids, LLC in 2014; Mr. Jean Chaput filed application to renew the Class II license for 2015 on December License Commission minutes for April 30, 2015 page 4 of 9 31, 2015. Lynn Smith explained to the Commission that was two parcels is now noted as one parcel and is recorded with the Registry of Deeds as one parcel. At the conclusion of discussion, the Commission approved the license for Second Hand Motor Vehicles, Class II, to Smith Kids, LLC, d/b/a Chappy’s Auto Repair, Philip Smith, Manager, for premises at 47 Aiken Avenue and 30 Dalton Street. The Commission reviewed the application for Second Hand Articles license by Victor M. Cruz DelaCruz, d/b/a JC Wireless, for premises at 70 Bridge Street. Mr. DelaCruz was present. Mr. DelaCruz stated he has experience in handling cell phones for sale, and of the reporting procedure to the Lowell police. The Commission approved the license for Victor M. Cruz DelaCruz for Second Hand Articles for the store at 70 Bridge St. on th emotion by Commissioner Krieger, second by Commissioner McGovern. The Commission opened the public hearing on 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. James T. Lichoulas III is proposed as manager of record for Coco Luna LLC. Coco Luna is licensed for common victualler and public amusement in 2015. James Lichoulas was present. Coco Luna filed affidavit of having sent legal notice to abutters and church and school within 500 feet of premises; in addition, white postal slips and return receipts were filed. Chairman Descoteaux opened the hearing for public comment, requesting that those who wish to speak in favor may do so. Jack Moynihan introduced himself, speaking on behalf of the downtown neighborhood association, stated he was in favor. There was no other person wishing to speak in favor, that portion of the hearing was closed. Chairman Descoteaux opened the hearing to those who wished to speak in opposition; there was no person present to speak in opposition, that portion of the hearing was closed. The hearing was declared closed, and on the motion by Commissioner McCarthy, second by Commissioner Krieger, the Commission voted to grant the all alcoholic beverages Restaurant license to Coco Luna LLC for premises at 250 Jackson St., unit #434, and unit #490, for calendar year 2015. The Commission did not find that granting of said license would be License Commission minutes for April 30, 2015 page 5 of 9 detrimental to the church, school within 500 feet. The Commission approved James T. Lichoulas, III, as manager of record for Coco Luna LLC. The Commission opened the public hearing on 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. Sonya J. Grady is proposed as manager of record for NAI Entertainment Holdings LLC. NAI Entertainment Holdings LLC is licensed for common victualler and public amusement in 2015. The following individuals were present: Sonya Grady, Shaun Judge, Tony Pungitore, and Atty. Vincent Manzi, legal counsel for NAI Entertainment. Atty. Manzi filed affidavit of mailing legal notice to abutters, and white postal slips, return receipts. Atty. Manzi stated the trend is for making available to theatre patrons alcohol beverages. Atty. Manzi cited statistics on the number of theatre patrons, and on average, a Saturday concession will amount to 100 drinks sold and served. Company representatives displayed enlarged photos of existing concession area in a local theatre as the model for the Lowell theatre. Atty. Manzi offered the company policy on the service of alcohol beverages. Atty. Manzi introduced Sonya Grady as the Showcase Cinema General manager for Lowell. She is proposed as the manager of record. Chairman Descoteaux opened the hearing for public comment; there were no persons present who spoke in favor or in opposition to the application; that portion of the hearing was closed. The hearing was declared closed, and on the motion by Commissioner McCarthy, second by Commissioner Krieger, the Commission voted to grant the all alcoholic beverages Restaurant license to NAI Entertainment Holdings LLC for premises at 32 Reiss Ave. for calendar year 2015. The Commission approved Sonya Grady as manager of record for NAI Entertainment Holdings LLC. The Commission opened the public hearing on the application by The Middle Street Village, Inc., d/b/a The Village Smokehouse, Alan Kaplan, President, all alcoholic beverages Restaurant licensee, for alteration of licensed premises at 92-98 Middle Street, for creating additional egress; re-vamping License Commission minutes for April 30, 2015 page 6 of 9 furniture; relocating pass-thru; adding two (2) coin-operated pool tables. The Middle Street Village, Inc. has filed application for automatic amusement device for two (2) coin operated pool tables, Massachusetts approval # 2826. Alan Kaplan and Tim Kelleher were present. Mr. Kaplan filed the affidavit of having sent legal notice to abutters, and church, school within 500 feet. A copy of white postal slips, and receipts was filed. Mr. Kaplan explained the floor plan of proposed changes, an extra egress, a closing of one egress, at the room for two pool tables. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor or in opposition; that portion of the hearing was closed. The hearing was declared closed, and on the motion by Commissioner Krieger, second by Commissioner McGovern, the Commission voted to approve the alteration of premises for The Middle Street Village, Inc. at 92-98 Middle Street. The Commission did not find that approval of said alteration of premises would be detrimental to the church, school within 500 feet. A request by Atty. John Mello of 175 Central St., Lowell, in an email dated April 29, 2015 for a continuance of the hearing to May 7, 2015 was reviewed by the Commission on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, filed with the Lowell License Commission on April 14, 2015, against Camila LLC, d/b/a Reservations, Jorge A. Torres, Manager, all alcoholic beverages Restaurant licensee at 179 Central St. Attorney Mello stated new counsel will represent Camilla LLC. The Commission approved the request for continuance on the motion by Chairman Descoteaux, second by Commissioner McCarthy. Commissioner McGovern recused herself from the matter of Vannak Kann, leaving the Council Chamber at 7:35 p.m. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, ratified the continuance of hearing to May 7, 2015 on the allegations for misconduct as charged by 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. Commissioner McGovern returned to the Council Chamber at 7:37 p.m. License Commission minutes for April 30, 2015 page 7 of 9 The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, ratified the continuance of hearing to May 7, 2015 on the allegations of misconduct as charged by 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. The Commission reviewed communications dated April 10, 2015 from William M. Taylor, Superintendent of Police, on allegation of misconduct for violation of MGL chapter 138, section 34 for the illegal retail sale of alcohol beverages to a person under the age of 21 years, by the following licensees: Lucky Bee, Inc., dba Pete’s Gulf, Peter Vogiatzoglou, Sr., Manager, 185 Woburn Street Yashoda Corp., d/b/a Economart, Samir P. Patel, Manager, 1280 Lawrence Street L & M Liquors, Inc., Leonia M. Mendonca, Manager, 424 Chelmsford St. Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, Januareo D. Pereira, Manager, 412-424 Lawrence St. The Commission on the motion by Chairman Descoteaux, second by Commissioner Krieger, established a hearing for each licensee, Lucky Bee, Inc., Yashoda Corp., L & M Liquors, Inc., and Januareo D. Pereira & Son, Inc., for May 21, 2015 at 6:30 p.m., to be held in the Council Chamber. The Commission reviewed the communication dated April 23, 2015 from William M. Taylor, Superintendent of Police, on allegation of misconduct for violation of License Commission Alcoholic Beverages Regulation Section 1.16 Manager’s Responsibilities, by DCGR, Inc., d/b/a D & G All Star Lounge, David Cruz, Manager, all alcoholic beverages Restaurant licensee for premises at 177 Merrimack St. The Commission voted to schedule the hearing for May 7, 2015 at 6:30 p.m., to be held in the Council Chamber on the motion by Commissioner Krieger, second by Commissioner McGovern. License Commission minutes for April 30, 2015 page 8 of 9 The Commission reviewed the application for alteration of licensed premises for all alcoholic beverages Package Store licensee A.S.D.K. Ram Corporation, d/b/a Ramos Package Store, Sanjay Patel, Manager, for premises at 77 Branch St. The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to schedule the public hearing for Thursday, May 21, 2015 at 6:30 p.m. in the Council Chamber; legal notice for publication May 8, 2015. The Commission approved the request by Andrea Mason of Jericho Road Project for credit of license fee paid for malt beverages & wines only, or either one license issued April 10, 2015.Communication dated April 15, 2015 to License Commission notes event cancellation of May 1, 2015; it is anticipated new license application to be filed for event to be held in October or November 2015. The Commission voted to adjourn the meeting at 7:45 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 April 30, 2015 page 9 of 9