License Commission

Minutes for Lowell License Commission meeting, Thursday, June 11, 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 Kevin Sullivan of the Lowell Police Department, and Elliott Veloso, Asst. City Solicitor. The Commission reviewed the minutes for the meeting of May 21, 2015. The Commission voted to approve the meeting minutes 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: Tracy Martino of Aramark, Allen House, 2 Solomont Way, Community Social Psychology Reunion, Wednesday, June 24, 2015, 5:00 p.m. to 9:00 p.m. Tracy Martino of Aramark, Allen House, 2 Solomont Way, Sacred Heart Endowment Fund Reception, Saturday, August 1, 2015, 5:00 p.m. to 8:00 p.m. Tracy Martino of Aramark, Allen House, 2 Solomont Way, Chancellor Meehan Farewell, Tuesday, June 23, 2015, 2:30 p.m. to 7:00 p.m. Tracy Martino of Aramark, Durgin Hall, 35 Wilder Street, Community Social Psychology Reunion, Wednesday, June 24, 2015, 5:00 p.m. to 9:00 p.m. Tracy Martino was present. Charles M. Saba of Bishop's, enclosed area of Merrimack St., in front of 143 Merrimack St., Lowell Folk Festival 2015, Saturday, July 25, 2015, 12:00 noon to 11:00 p.m. Charles M. Saba of Bishop's, enclosed area of Merrimack St., in front of 143 Merrimack St., Lowell Folk Festival 2015, Sunday, July 26, 2015, 12:00 noon to 9:00 p.m. Charles M. Saba was present. Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer St., enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2015, Friday, July 24, 2015, 6:00 p.m. to 12:00 mid. Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer St., enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2015, Saturday, July 25, 2015, 12:00 noon to 12:00 mid. License Commission minutes for June 11, 2015 page 1 of 6 Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer St., enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2015, Sunday, July 26, 2015, 12:00 noon to 6:00 p.m. Scott Pelletier was present. Jerry Murphy of Kandon, Inc., d/b/a Old Court, enclosed outdoor area Middle St. @ corner of Central St., Lowell Folk Festival 2015, Friday, July 24, 2015, 6:00 p.m. to 12:00 midnight Jerry Murphy of Kandon, Inc., d/b/a Old Court, enclosed outdoor area Middle St. @ corner of Central St., Lowell Folk Festival 2015, Saturday, July 25, 2015, 12:00 noon to 12:00 midnight. Jerry Murphy was present. The Commission voted to approve licenses for Tracy Martino, Charles M. Saba, Scott Pelletier, and Jerry Murphy on the motion by Commissioner McCarthy, second by Commissioner Krieger. The Commission, on the motion by Commissioner Krieger, second by Commissioner McGovern, ratified the issuance of the special one-day license to sell/dispense malt beverages & wines only, or either one on 5-29-2015 to Tracy Martino of Aramark, for University Crossing, Maloney Ballroom, 220 Pawtucket St., Student Affairs Reunion Brunch, Sunday, May 31, 2015, 11:00 a.m. to 3:00 p.m. The Commission reviewed the applications for special events permit for amplification of sound for outdoor public entertainment, from the following individuals: Manny Cavaleiro of MC Restaurants, Inc., d/b/a Cavaleiro's Restaurant, 573 Lawrence St., sound system for live music, disc jockey, from June to September, 2015, Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 a.m., at the outdoor cafe of Cavaleiro's Restaurant. Manny Cavaleiro was present. Scott Pelletier, G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, sound system for band and/or disc jockey, from June to September - 2015, Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 a.m., enclosed outdoor area in front of 45 Palmer St. @ corner of Middle St. Scott Pelletier was present. Enterprise Bank, Robert M. Lawlor, representative, for Enterprise Bank fundraiser, Thursday, June 25, 2015 from 11:30 a.m. to 3:00 p.m. [rain date June 26, 2015] at the parking lot adjacent to Enterprise License Commission minutes for June 11, 2015 page 2 of 6 Bank, 222 Merrimack St., sound system for disc jockey. A representative appeared but not identified. Chairman Descoteaux requested a letter be sent to the attention of Robert Lawlor regarding the License Commission policy of the presence of applicants at License Commission meetings, and that applicants notify the License Commission office when not able to attend, and to identify a representative to appear on behalf of the applicant. Dean Easterling, Event Manager, Global Spectrum/Tsongas Center, sound system for live music, for the Backyard Sunday River Festival, June 14, July 12, August 9, September 13, 2015, 12 noon to 6:00 p.m., at the Tsongas Center North Lawn. Mike Marcelynas was present as representative for Mr. Easterling. National Park Service, John Marciano, representative, for Lowell Summer Music Series, and Free Fun For Kids at Boarding House Park, French and John Streets, from June to September 2015, Wednesday 10 a.m. to 10 p.m., Thursday to Saturday 10 a.m. to 12 midnight, amplification for live music, sound system. Kevin Dwyer was present as representative for Mr. Marciano. Lowell Festival Foundation, John Marciano, representative, for the Lowell Folk Festival, Fri., July 24, Sat., July 25, Sun., July 26, 2015; hours 10 a.m. to 12 mid on Friday, Saturday; 10 a.m. to 10 p.m. on Sunday, live music, sound system for outdoor venues at Boarding House Park, JFK Plaza, St. Anne’s Churchyard, Dutton Street Dance Pavilion, Market Street Stage, Lee Street Stage, The Street Performance Area @ John & Merrimack Sts., and The family Area at Mack Plaza. Charles M. Saba of Bishop's Restaurant, Inc., for sound system for band and/or disc jockey, during the Lowell Folk Festival on Fri., July 24, Sat., July 25, Sun., July 26, 2015 within enclosed area of Merrimack St., in front of 143 Merrimack St. Charles Saba was present. Jerry Murphy of Kandon, Inc., Old Court, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 24 and Sat., July 25, 2015, within enclosed outdoor area on Middle St. @ corner of Central St. Jerry Murphy was present. Centraville Community Coalition, Sandy McNamara, representative, for sound system for the National Night Out, Tuesday, August 4, 2015 from 5:00 p.m. to 9:00 p.m., the outdoor grounds of St. Louis School, 77 Boisvert St. Sandy McNamara was present. License Commission minutes for June 11, 2015 page 3 of 6 The Commission voted to approve special event permits for amplification for Cavaleiro’s Restaurant, Fuse Bistro, Enterprise Bank, Global Spectrum/Tsongas Center, National Park Service, Lowell Festival Foundation, Bishop’s Restaurant, The Old Court, and the Centraville Community Coalition on the motion by Commissioner McCarthy, second by Commissioner Hogan. The Commission reviewed the application by Aaronap Cellars LLC, Noel A. Powell, Manager, an A.B.C.C. Farmer Winery licensee, for license to sell at a Farmer’s Market in accordance with Massachusetts law chapter 138, section 15F on Sundays, from July 5 through December 27, 2015, from 10 a.m. to 2:00 p.m. each date, at The Farm Market, Mill No. 5, main corridor of 4th floor, 250 Jackson St., vendor space for wine sales [and wine sampling] 10 feet by 10 feet as assigned within the market space. Noel Powell was present. Chairman Descoteaux and Commissioner Krieger noted that this is the second application Mr. Powell filed for the Farmer Winery license in 2015. Mr. Powell stated that the Farmer’s Market is to continue, and requested he remain with the market for the balance of the year. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the license for Farmer Winery to sell at Farmer’s Market at Mill No 5, main corridor of 4th floor, 250 Jackson Street on Sundays, July 1 through December 27, 2015 from 10 a.m. to 2 p.m. each Sunday. Michael F. Dailey Jr., Manager of UnchARTed Gallery & Studios LLC, appeared before the Commission with Attorney Michael Talty on the matter of the application by UnchARTed Gallery & Studios LLC for a malt beverages and wines only restaurant license for premises at 103 Market Street. Attorney Talty requested of the Commission that the hearing scheduled for June 11, 2015 be re-scheduled to July 9, 2015. The applicant had not sent the legal notice published in the local newspaper on May 29, 2015 to abutters of said premises. There was a cause for a delay in obtaining the abutters list from the City Assessors office by Mr. Dailey. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to schedule the hearing for July 9, 2015 at 6:30 p.m. in the Council Chamber. The Executive Secretary will request the legal notice to be published on June 26, 2015 in the local newspaper. License Commission minutes for June 11, 2015 page 4 of 6 James T. Lichoulas of Coco Luna LLC appeared before the Commission. Coco Luna LLC is an applicant for all alcohol beverages restaurant license for 250 Jackson Street. Mr. Lichoulas requested advice from the Commission about ABCC Investigator recommendation dated May 29, 2015. The Commission, upon discussing the matter with Asst. City Solicitor Veloso, requested that Mr. Lichoulas file an amendment to the application at his earliest convenience. The Commission opened the hearing for the retail package store licensee L & M Liquors, Inc., Leonia M. Mendonca, Manager, 424 Chelmsford St. on 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 as charged by William M. Taylor, Superintendent of Police. The following individuals were present: Leonia M. Mendonca, Jose Mendonca, Alberto Mendonca, and Attorney Phil Nyman, legal counsel for L & M Liquors, Inc. Attorney Nyman addressed the Commission, waived the reading of the complaint, and admitted to the facts as recorded in the Lowell Police Incident Report. Attorney Nyman stated that the store clerk Alberto Mendonca is scheduled to take a two-week course for TIPS Training for Retail/Package Store Staff, and then report to management. The licensee, according to Attorney Nyman, is looking into a machine to read identification cards. The Commission reviewed the matter that the licensee has been cited for four (4) violations in the last five (5) years. Attorney Nyman did acknowledge the number of violations by L & M Liquors, Inc. The Commission also noted that Alberto Mendonca had been the sales clerk three (3) times when Lowell Police Department conducted the compliance check. Chairman Descoteaux made the motion to suspend the all alcohol beverages package store license for three (3) days, and to place two (2) days in abeyance, second by Commissioner Hogan. Discussion followed, Commissioner Krieger suggested a suspension of three (3) days, and one (1) day in abeyance. Chairman Descoteaux withdrew his motion. Attorney Nyman addressed the Commission about his client’s business. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to suspend the L & M Liquors, Inc. all alcohol beverages package store license for five (5) days, and to hold the five days in abeyance for one (1) year; vote: ayes – Commissioners McCarthy, Krieger, Hogan, McGovern; voting present – Chairman Descoteaux. License Commission minutes for June 11, 2015 page 5 of 6 Attorney Raymond Weicker appeared before the Commission as legal counsel for Rivers Wild, Inc. Attorney Weicker stated that Shannon KelleyBarrozo had sent him an email at approximately 6:00 p.m. explaining she had no transportation to Lowell City Hall. Attorney Weicker requested a continuance to the next meeting of the License Commission. After some discussion, the Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to continue the hearing to June 25, 2015 on the allegations of misconduct as charged by from William M. Taylor, Superintendent of Police, dated May 6, 2015, 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 voted to adjourn the meeting at 7:30 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 June 11, 2015 page 6 of 6