License Commission

Minutes for Lowell License Commission meeting, Thursday, May 21, 2015 at 6:30 p.m., Mayor’s Reception Room, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Nancy McGovern, Terry McCarthy; and Captain Thomas Kennedy of the Lowell Police Department, and Elliott Veloso, Asst. City Solicitor. Absent: Kristen Hogan, Commissioner. The Commission reviewed the minutes for the meeting of May 7, 2015. Commissioner Krieger recommended three (3) changes, to wit, page 7, line 7, space before a comma, unneeded; page 8, line 11 "During the discussion Attorney Weicker commented that the License Commission worked for the Law Office, which Commissioner Krieger stated was incorrect and Attorney Weicker then said that was the way it was on the City Web site, to which Commissioner Krieger stated that the Web Site had problems;" page 10, line 12, at "but" as in "not to roll back hours, but…" The Commission voted to approve the meeting minutes with said changes for May 7th 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: Crystal Arnott was present. Ms. Arnott withdrew her application for the Pawston Strong Concert for dogs on Thursday, June 4, 2015 from 7:00 p.m. to 9:00 p.m., at Lowell Humane Society, 951 Broadway Crystal Arnott filed a second application for Come. Sip. Stay! Beer & Wine Tasting on Friday, August 14, 2015 from 7:00 p.m. to 9:00 p.m., at the Onyx Room at Western Ave. Studios, 122 Western Ave. License Commission minutes for May 21, 2015 page 1 of 12 Nancy Schiavone, Director of Development, UTEC, for UTEC’s Sweet 16 Celebration, Tuesday, June 16, 2015 from 5:30 p.m. to 8:30 p.m. at UTEC, 35 Warren St. Nancy Schiavone was present. Michael J. Lenzi for Fundraiser for Cooperstown Trip, Saturday, June 20, 2015 from 7:00 p.m. to 11:00 p.m. at Shedd Park. Tom Mulligan was present to represent Michael Lenzi. George S. Zaharoolis, President of the Holy Trinity Hellenic Orthodox Church for Greek Festival, Saturday, June 20, 2015 from 12 noon to 10:00 p.m. at enclosed outdoor area on Worthen St. adjacent to Hellenic American Academy, 41 Broadway. George Zaharoolis was present. George S. Zaharoolis, President of the Holy Trinity Hellenic Orthodox Church for Greek Festival, Sunday, June 21, 2015 from 12 noon to 9:00 p.m. at enclosed outdoor area on Worthen St. adjacent to Hellenic American Academy, 41 Broadway. The Commission reviewed the applications for special one-day licenses to sell/dispense all alcoholic beverages: Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village St. for the following: Holy Trinity Feast, Saturday, May 30, 2015 from 3:00 p.m. to 12:30 a.m.; Holy Trinity Feast, Sunday, May 31, 2015 from 1:00 p.m. to 11:00 p.m.; Brazilian picnic, Sunday, June 14, 2015 from 12:00 p.m. to 10:00 p.m. Jose Santos was present. The Commission on the motion by Commissioner McCarthy, second by Commissioner Krieger voted to approve the special one-day licenses for malt beverages & wines only, or either one, for Crystal Arnott, Nancy Schiavone, Michael Lenzi, George Zaharoolis, and special one-day licenses for all alcoholic beverages for Jose M. Santos. License Commission minutes for May 21, 2015 page 2 of 12 The License Commission on the motion by Commissioner McGovern, second by Commissioner Krieger, ratified the issuance of special one-day licenses for malt beverages & wines only to Tracy Martino of Aramark for the following: The Allen House, 2 Solomont Way, Senior BBQ, Tuesday, May 12, 2015, 4:30 p.m. to 8:30 p.m., issued May 11, 2015; and Saab Emerging Technologies & Innovation Center, 40 University Ave., SPE Seminar Networking Reception, Thursday, May 14, 2015, 2:00 p.m. to 5:00 p.m., issued May 11, 2015. Tracy Martino was present. The Commission reviewed the applications for special events permit for amplification of sound for outdoor public entertainment . . . Bethany Therriault of JAMBRA [Jackson, Appleton, Middlesex Business & Residents Association], sound system for Lowell Community Charter School performances, Jambraree, Wednesday, June 10, 2015, 4:30 p.m. to 7:30 p.m. at Jackson Street between Marston & Canal Sts. Michael Breda, representative, was present. Theodore Panagiotopoulos of the Athenian Corner Restaurant and Lounge, Inc., 207 Market Street, sound system for musicians, June thru September 2015, on the patio at 207 Market Street. Ted Panagiotopoulos was present. Holy Trinity Hellenic Orthodox Church, George S. Zaharoolis, President, for Greek Festival, d. j. and live music at enclosed outdoor area on Worthen St. adjacent to Hellenic American Academy, 41 Broadway, Saturday, June 20, 2015 from 12 noon to 10 p.m., and Sunday, June 21, 2015 from 12 noon to 9:00 p.m. George Zaharoolis was present. Holy Ghost Society, Jose M. Santos, representative, for events at Holy Ghost Park, 65 Village St. Holy Trinity Feast, Saturday, May 30, 2015 from 3:00 p.m. to 12:00 a.m.; Holy Trinity Feast, Sunday, May 31, 2015 from 1:00 p.m. to 10:00 p.m.; License Commission minutes for May 21, 2015 page 3 of 12 Brazilian picnic, Sunday, June 14, 2015 from 12:00 p.m. to 10:00 p.m. Brazilian church fundraiser, Saturday, June 20, 2015 from 3:00 p.m. to 12:00 a.m. Jose Santos was present. Commissioner Krieger asked Mr. Santos if there was to be alcohol served at the Brazilian church fundraiser. Mr. Santos stated that the pastor did not want alcohol served. Captain Kennedy requested that sound amplification be kept reasonable. The Commission approved the applications for amplification of sound on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed the application by the Polish American Veterans of Lowell, Inc., all alcoholic beverages club licensee at 201 Coburn St. for change of manager from Stephen G. Craig to Robert F. Jaracz of Pelham, NH. Robert Jaracz was present. Chairman Descoteaux asked Mr. Jaracz asked about his prior experience in managing a licensed establishment. Mr. Jaracz stated that he was manager of the Polish National Home Association, a/k/a Dom Polski [2001-2004]. The Commission approved Robert Jaracz as manager of record for the Polish American Veterans of Lowell, Inc. on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission opened the public hearing on 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 following individuals were present: Sanjay Patel, and Attorney Joseph Devlin, legal counsel for A.S.D.K. Ram Corporation. Attorney Devlin addressed the Commission about the site of the property, due to a fire last summer; the building was razed; now there is a development plan to erect a new building. The first floor approximately 1,000 sq. ft. in addition to retail space will have two (2) public bathrooms, and a private bathroom. The architect has the retail sales area to increase License Commission minutes for May 21, 2015 page 4 of 12 slightly. The plan is going out to bid in the next two weeks, subsequent to the winning bid, the building will take six (6) months for completion; value to be $1.5 million dollars. Chairman Descoteaux asked if there was any legal issue. Asst. City Solicitor Veloso stated that the Law department is not aware of any problem; not known if there will be issues down the line. Attorney Devlin stated that the City Council and City Planner have reviewed the matter of rebuilding on the site . . . your approval is conditioned upon other City departments. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak either for the application or against. The public commentary portion of the hearing was closed. The Commission on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the application for alteration of premises by A.S.D.K. Ram Corporation for premises at 77 Branch Street. The Commission opened the public hearing on the application transfer of the all alcoholic beverages restaurant license from 280 Central Inc., d/b/a Ward Eight, Paul Yates, President, to Thirsty First Tavern & Grill Corp., d/b/a Thirsty First Tavern & Grill, Christine Widtefeldt, President, for premises at 276-280 Central Street, two unnumbered doors and bulkhead. First floor-two rooms for lounge, two rooms for storage; cellar for storage; sidewalk cafe in front, fence enclosed. It is requested that Bernadette J. Goose-Brasil be approved as manager of record for Thirsty First Tavern & Grill Corp. The following individuals were present: Bernadette J. Goose-Brasil and Christine Widtefeldt. Chairman Descoteaux addressed Ms. Goose-Brasil and Ms. Widtefeldt. There is a certificate of good standing to be issued next week for the licensee 280 Central Inc. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak either for the application or against. The public commentary portion of the hearing was closed. The Commission on the motion by Commissioner Krieger, second by License Commission minutes for May 21, 2015 page 5 of 12 Commissioner McCarthy, voted to approve the application for license transfer from 280 Central Inc., d/b/a Ward Eight, Paul Yates, President, to Thirsty First Tavern & Grill Corp., d/b/a Thirsty First Tavern & Grill, Christine Widtefeldt, President, for premises at 276-280 Central Street. The Commission approved Bernadette J. Goose-Brasil as manager of record for Thirsty First Tavern & Grill Corp. The Commission opened the hearing for Lucky Bee, Inc., dba Pete’s Gulf, Peter Vogiatzoglou, Sr., Manager, a malt beverages and wines only package goods store licensee for premises at 185 Woburn Street. The licensee is charged with one (1) count, the 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 William M. Taylor, Superintendent of Police. Peter Vogiatzoglou was present. Mr. Vogiatzoglou stated that past employees have passed [compliance] check of Lowell Police Department; he did admit to the violation of April 2015. Chairman Descoteaux stated that in the past year and a half, the package store has been o.k. Commissioner Krieger made the motion of three (3) days suspension, and that the three days be held in abeyance. There was no second to Commissioner Krieger’s motion. Commissioner McGovern made the motion of five (5) days suspension, second by Commissioner McCarthy. The vote on the motion by Commissioner McGovern: ayes - Chairman Descoteaux, Commissioner McGovern, Commissioner McCarthy; voting present – Commissioner Krieger. The Commission ordered the five (5) days suspension to begin Friday, May 29, 2015. The Commission opened the hearing for Yashoda Corp., d/b/a Economart, Samir P. Patel, Manager, a malt beverage and wines only package goods store licensee for premises at 1280 Lawrence Street. The licensee is charged with one (1) count, the allegation of misconduct for violation of MGL chapter 138, section 34 for the illegal retail sale of alcohol beverages to a License Commission minutes for May 21, 2015 page 6 of 12 person under the age of 21 years by William M. Taylor, Superintendent of Police. Samir Patel was present accompanied by his brother. Samir Patel stated that it was his first offense in nine (9) years. The Commission voted to suspend the license for two (2) days to be held in abeyance by Chairman Descoteaux, second by Commissioner McCarthy. The Commission, upon review of the written request from the licensee for legal representation by L & M Liquors, Inc., Leonia M. Mendonca, Manager, 424 Chelmsford St., voted to continue the hearing of the charge of one (1) count, the 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 William M. Taylor, Superintendent of Police, to June 11, 2015. The Commission, upon review of the written request from the licensee for medical reason by Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, Januareo D. Pereira, Manager, 412-424 Lawrence St., voted to continue the hearing of the charge of one (1) count, the 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 William M. Taylor, Superintendent of Police, to June 25, 2015. The Commission opened the hearing on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, 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. David Cruz was present. Chairman Descoteaux questioned Mr. Cruz about not filing a report with the License Commission and Lowell Police Department within 48 hours of the incident in April 2015. Mr. Cruz cited his lapse of memory to do so; in five years of ownership there have been no other incidents. Chairman Descoteaux, and Commissioners License Commission minutes for May 21, 2015 page 7 of 12 Krieger and McCarthy spoke of the importance of filing an incident report within 48 hours. After a discussion about placing the complaint on file, the Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to suspend the all alcoholic beverages Restaurant license for one (1) day, and to hold said suspension in abeyance for one year. The Commission opened the hearing 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., for violation of Lowell License Commission regulations 1.06 Compliance With All Laws And Regulations, 1.16 Manager’s Responsibilities, 4.02 Hours Of Operation, Alcoholic Beverages Control Commission regulation 204 CMR 2.05 (2), and M.G.L. Chapter 138, Section 41. Jorge Torres was present as the manager of record for Camila LLC. Attorney Michael Ford was present as legal counsel for Camila LLC. Mariano Centeno was present for Camila LLC. Attorney Ford waived the reading of the police report; proceeded to offer explanation of what his client will do to change the menu for the restaurant, a first draft presentation. Attorney Ford stated secondly there will be a new system manager training; third, an employee roll at all times; fourth, no alcohol for employees; fifth, T.I.P.S. certified servers, and uniform for all, an identity logo. There will be full cooperation with police. Attorney Ford suggested not to roll back hours, allow the proposed changes to work. Chairman Descoteaux noted the plan for more of a restaurant; this board’s concern, we don’t feel we have a responsible manager; licensee served 30 days suspension in March. Commissioner Krieger stated we suggested [Mr. Torres] hook himself up with someone to help him understand operating the business five months ago; we are very concern authorities. Commissioner McCarthy stated Mr. License Commission minutes for May 21, 2015 page 8 of 12 Torres has been before us numerous times; reputation is bad. Commissioner McGovern stated a blatant disregard of regulations over and over again. Attorney Ford stated that he was brought on two weeks ago [as legal counsel]; Mariano Centeno is brought on to help manage the business. Chairman Descoteaux stated that you have heard from the Commission, he asked to hear from Lowell Police Detective David Lally. Detective Lally addressed the Commission; he stated that [Mr. Torres] understood the police on April 5, 2015 at 2:15 a.m.; police took note of the pool table in the basement as not being licensed. Assistant Solicitor Veloso stated that patrons are not authorized to be in the basement. Attorney Ford stated the pool table is gone; you will see a change on the license for manager. Chairman Descoteaux addressed Mr. Torres about his conduct as manager of Reservations. Mr. Torres answered that he takes responsibility. The Commission discussed with Attorney Ford about the proposed changes he described will take place. Attorney Ford stated the date of July 4th for implementing changes. Commissioner Krieger proposed a two days suspension of license to send a signal. Chairman Descoteaux asked for an application for new manager is brought forth for the next meeting. The Commission, on a motion by Commissioner Descoteaux, second by Commissioner McCarthy, voted to suspend the all alcoholic beverages restaurant license commencing next Friday, May 29th to June 24th, 2015. The licensee was informed that an appeal may be filed by Chairman Descoteaux. Subsequent to the vote for suspension, a discussion took place with the Commission by the Executive Secretary. Commissioner Krieger made the motion to suspend the rules, second by Chairman Descoteaux, so voted. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to amend the dates of suspension of the all alcohol beverages restaurant license commencing Friday, June 5th to Wednesday, July 1st, 2015. License Commission minutes for May 21, 2015 page 9 of 12 The Commission opened the public hearing to consider the public need in accordance with section 12 of chapter 138, MGL, to decrease hours from 2:00 a.m. to 11:00 p.m. for the sales of alcoholic beverages by Camila, LLC, d/b/a Reservations, for premises at 179 Central Street, during the calendar week (Sunday to Saturday). Jorge Torres, manager of record for Camila LLC, was present. Attorney Michael Ford was present as legal counsel for Camila LLC. Chairman Descoteaux cites the criteria for the Commission to review in determining public need to decrease hours, to wit, number of times police called to establishment, the expenditure of public funds; it is not disciplinary. Attorney Ford stated public need for hours of operation, 11 p.m. to 2 a.m., serving Spanish, Colombian patrons, second shift; this is the time to socialize, for food and drink. Atty. Ford stated they are serving need with new concept, and change of management. Commissioner Krieger suggests a chart for particular sales 3 p.m. to 2 a.m. Atty. Ford puts the question to Jorge Torres. Mr. Torres states [we] are lucky to have patrons from 3 p.m. to 10 p.m., biggest crowd is 11 p.m. to 2 a.m.; we’d go out of business if closed earlier. Commissioner McCarthy asked Captain Kennedy about police service calls to the establishment. Captain Kennedy states from 2012 to 2015 there have been 150 service calls. Chairman Descoteaux question to Captain Kennedy, to which Captain Kennedy states several calls required police resources to be called. Commissioner McGovern stated the matter of City inspectors from DPD had cited the establishment for violations in October 2014. Asst. City Solicitor Veloso stated that Reservations had a number of code violations with the fire alarm [because] phone bill not paid, date of fire inspection October 9, 2014; and building violations, obstruction of egress. Commissioner McGovern states that it places pressure upon patrons in the establishment. Commissioner Krieger stated the need to roll back hours to 11:00 p.m.; new manager of record . . . clean slate. Chairman Descoteaux stated [license] suspension twenty-seven days, want to give License Commission minutes for May 21, 2015 page 10 of 12 new manager of record to 2:00 a.m. Attorney Ford stated new manager brought in, clean slate; there is a need between those hours; twenty-seven days suspension, hours roll back crushes that. Chairman Descoteaux spoke of the Commission going into executive session; Asst. City Solicitor Veloso cited the need for the motion to be on the agenda. Asst. City Solicitor Veloso explained public need, 11:00 p.m. to 2:00 a.m. there are 20 establishments that serve alcohol and food, Ward 8, Blue Shamrock. Chairman Descoteaux asked can we pinpoint 1:00 a.m. to 2:00 a.m., 12:00 midnight to 1:00 a.m. Captain Kennedy stated request for information to be in writing. Commissioner Krieger stated he would like to see hard data from Captain Kennedy [about] Reservations. Commissioner Krieger spoke to Attorney Ford. Attorney Ford asked what does this mean ‘public need;’ we try to come to terms, try to re-invent, change of management; nothing presented, lack of public need, strongly not go down that road, keep hours as they are, [we’ll] come back in a couple of weeks. Chairman Descoteaux addressed the Commission. Asst. City Veloso stated the focus of public safety, question that this establishment serves public need; appropriate that it does not serve public need. Chairman Descoteaux stated that safety concern[s] which is part of public need; would like to see data on June 25th from Captain Kennedy. Attorney Ford stated go to 1:00 a.m., procedurally. Captain Kennedy stated an email from the Executive Secretary for the data request. Chairman Descoteaux made the motion to decrease the hours for Camila LLC, d/b/a Reservations, for premises at 179 Central St., from 2:00 a.m. to 1:00 a.m. until at least July 9, 2015; motion second by Commissioner Krieger; roll call vote: Chairman Descoteaux – yes; Commissioner Krieger – yes; Commissioner McCarthy – yes; Commissioner McGovern – no; three (3) yeas, one (1) no to decrease hours to 1:00 a.m., Sunday to Saturday, effective May 29, 2015 to July 9, 2015. License Commission minutes for May 21, 2015 page 11 of 12 The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated May 6, 2015, regarding allegations of misconduct charged against Rivers Wild, Inc., d/b/a Jameson's, Shannon M. KelleyBarrozo, Manager, all alcoholic beverages restaurant licensee at 26 Andover St., for violation of Lowell License Commission regulations 1.15 Manager, 1.16 Manager’s Responsibilities, and MGL chapter 138, section 63A, Hindering an Investigator. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to schedule the hearing for Rivers Wild, Inc. for Thursday, June 11, 2015 at 6:30 p.m. The Commission reviewed the application by UnchARTed Gallery & Studios LLC, Michael F. Dailey Jr., Manager, for a malt beverages and wines only restaurant license for premises at 103 Market Street. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to ratify the publication of the legal notice for Friday, May 29, 2015, and the public hearing date for Thursday, June 11, 2015 at 6:30 p.m. to be held in the Council Chamber. The Commission voted to adjourn the meeting at 8:40 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 May 21, 2015 page 12 of 12