License Commission

Minutes for Lowell License Commission meeting, Thursday, June 25, 2015 at 6:30 p.m., City Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger and Nancy McGovern; and Captain Thomas Kennedy of the Lowell Police Department, Asst. City Solicitor Elliott Veloso, and Asst. City Solicitor James Wellock. Absent: Commissioners Kristen Hogan, Terry McCarthy. The Commission reviewed the minutes for the meeting of June 11, 2015. The Commission voted to approve the meeting minutes on the motion by Commissioner Krieger, 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: Penny K. Hamourgas of Worthen Café, enclosed parking lot at 152 Worthen Street, Lowell Folk Festival 2015, Friday, July 24, 2015, 5:00 p.m. to 1:00 a.m. , Saturday, July 25, 2015, 5:00 p.m. to 1:00 a.m. Penny Hamourgas was present. Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 2015, Friday, July 24, 2015, 6:00 p.m. to 10:00 p.m. Saturday, July 25, 2015, 12:00 noon to 10:00 p.m. Sunday, July 26, 2015, 12:00 noon to 6:00 p.m. Kris DeFranzo was present. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2015, Friday, July 24, 2015, 6:00 p.m. to 10:00 p.m., Saturday, July 25, 2015, 12:00 noon to 10:00 p.m., Sunday, July 26, 2015, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2015, Saturday, July 25, 2015, 12:00 noon to 6:00 p.m., Sunday, July 26, 2015, 12:00 noon to 7:00 p.m. Kris DeFranzo of CB Enterprises, Inc., enclosed outdoor seating area adjacent to 197 Market Street, Lowell Folk Festival 2015, Friday, July 24, 2015, 6:00 p.m. to 12:00 midnight, Saturday, July 25, 2015, 12:00 noon to 12:00 midnight. Captain Kennedy reminded the applicants of their responsibility regarding the service of alcohol beverages during the Folk Festival event. License Commission minutes for June 25, 2015 page 1 of 6 The Commission voted to approve licenses on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission reviewed the applications for special one-day licenses to sell/dispense all alcohol beverages: Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Saint John Feast, Friday, June 26, 2015, 6:00 p.m. to 12:00 a.m., Saturday, June 27, 2015, 3:00 p.m. to 12:00 a.m., Sunday, June 28, 2015, 2:00 p.m. to 10:00 p.m. Jose Santos was present. Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Jack n' Jill, Friday, July 10, 2015, 6:00 p.m. to 1:00 a.m. The Commission voted to approve licenses on the motion by Commissioner McGovern, second by Commissioner Krieger. The Commission reviewed the applications for special events permit for amplification of sound for outdoor public entertainment, from the following individuals: Robin E. Dupell, ATP Restaurant Inc., d/b/a Cobblestones, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 24, Sat., July 25, Sun., July 26, 2015, enclosed outdoor area in front of 91 Dutton St. Penny K. Hamourgas, Worthen House Café, Inc., sound system for live music, disc jockey, 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., the alley patio at 141 Worthen St. Penny K. Hamourgas, Worthen House Café, Inc., sound system for band and/or disc jockey, for the Lowell Folk Festival, enclosed parking area at 152 Worthen St. on Fri., July 25 and Sat., July 26, 2015 Alan F. Kaplan, The Middle Street Village, Inc., d/b/a The Village Smokehouse, sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 24, Sat., July 25, Sun., July 26, 2015, enclosed outdoor area in front of 92-98 Middle Street. Tim Kelleher was present for The Village Smokehouse. License Commission minutes for June 25, 2015 page 2 of 6 Kris DeFranzo, CB Enterprises, Inc., sound system for band and/or disc jockey, for the Lowell Folk Festival, on Fri., July 24 and Sat., July 25, 2015, enclosed outdoor area in front of 197 Market Street Jose M. Santos, Holy Ghost Society, 65 Village St., sound system for music, St. John Feast, Friday, June 26, 2015, 6:00 p.m. to 12:00 a.m., outdoor grounds at Holy Ghost Park, 65 Village St. Jose M. Santos, Holy Ghost Society, 65 Village St., sound system for music, St. John Feast, Saturday, June 27, 2015, 3:00 p.m. to 12:00 a.m., outdoor grounds at Holy Ghost Park, 65 Village St. Jose M. Santos, Holy Ghost Society, 65 Village St., sound system for music, St. John Feast, Sunday, June 28, 2015, 2:00 p.m. to 10:00 p.m., outdoor grounds at Holy Ghost Park, 65 Village St. The Commission voted to approve special event permits for amplification on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission reviewed the application for special one-day license to sell/dispense malt beverages & wines only, or either one, from Trina Picardi of Greater Lowell Road Runners, Shedd Park Pavilion, Rogers Street, Greater Lowell Road Runners Family outing, Sunday, July 26, 2015, 12:00 noon to 5:00 p.m. Trina Picardi was present. Ms. Picardi stated it is the first time applying for a license. The Commission voted to approve license on the motion by Commissioner McGovern, second by Commissioner Krieger. The Commission reviewed the application by Pine Stream Inc., d/b/a Wah Sang Restaurant, Yanping Zhan, President, for a malt beverages and wines only restaurant license for premises at 457 Chelmsford Street. On the motion by Commissioner McGovern, second by Commissioner Krieger, the Commission ratified the publication of the legal notice for June 26, 2015, and that the public hearing be held July 9, 2015. The Commission reviewed the application by Rosario Auto Sales Corp., Fray Luis Rosario, President, for used car Dealer license, Class II, for premises at 18 Rock Street. Fray Rosario and Addyer Gonzales were present. The licensee for 2015 is Addyer Esteban Gonzalez, d/b/a A & A Auto Sales, 18 Rock Street, 746- B, an open lot approx. 5,000 sq. ft. with office in building approx. 200 sq. ft., 1) Maximum number of motor vehicles is 16, vehicles to be parked diagonally, each side, no vehicles in middle of lot; 2) No junk License Commission minutes for June 25, 2015 page 3 of 6 vehicles, or parts thereof. Chairman Descoteaux discussed with Mr. Rosario his plans for the car-lot. The Commission, on the motion by Commissioner Krieger, second by Commissioner McGovern, voted to grant a used car Dealer license, Class II, to Rosario Auto Sales Corp., Fray Luis Rosario, President, for premises at 18 Rock St., [#750-B], an open lot approx. 5,000 sq. ft. with office in building approx. 200 sq. ft., 1) Maximum number of motor vehicles is 16, vehicles to be parked diagonally, each side, no vehicles in middle of lot; 2) No junk vehicles, or parts thereof. Mr. Gonzales license is to be surrendered for cancellation. The Commission opened the hearing for Januareo D. Pereira & Son, Inc., d/b/a Turcotte Liquors, Januareo D. Pereira, Manager, 412-424 Lawrence St., retail package store licensee, charged by William M. Taylor, Superintendent of Police, with the allegation of violation of MGL chapter 138, section 34 for the illegal retail sale of alcohol beverages to a person under the age of 21 years. Januareo Pereira was present. Chairman Descoteaux questioned Mr. Pereira about prior complaints when licensee had sold to a person not of legal drinking age. Mr. Pereira was uncertain, but did acknowledge that the complaint being heard is possibly the third time; the second time was approximately two years ago. Commissioner Krieger questioned if George Souza has been TIPS certified; Mr. Pereira stated he was certified. Mr. Pereira stated that the business is a neighborhood store. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to suspend the all alcoholic beverages package store license for two (2) days and to hold in abeyance the two (2) days suspension for one (1) year. Attorney Raymond Weicker appeared before the Commission at 6:55 p.m.; he stated that he was waiting for his client to appear, Shannon KelleyBarrozo of Rivers Wild, Inc. The Commission reviewed the communications from William M. Taylor, Superintendent of Police, regarding allegations of misconduct charged against the following licensees: Mill City Ballroom, Inc., Joel Asadoorian, Manager, all alcohol beverages restaurant licensee at 74 Merrimack St., for violation of Lowell License Commission Regulation 5.05 Charge for Alcoholic Beverages, and ABCC 204 CMR 4.03 Prohibition of Certain Practices; License Commission minutes for June 25, 2015 page 4 of 6 Mill City Ballroom, Inc., Joel Asadoorian, Manager, all alcohol beverages restaurant licensee at 74 Merrimack St., for violation of Lowell License Commission Regulation 2.04 Under 21 Events; Service Prohibited to Certain Individuals; Prathna, Inc., d/b/a Prathna's Conv., Peter P. Sam, Manager, malt beverages and wines only package store licensee at 408 Suffolk St., 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; Kajal Corp., d/b/a Highlands Liquors, Mina Patel, Manager, all alcohol beverages package store licensee at 12 Bridge St., 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. On the motion by Chairman Descoteaux, second by Commissioner Krieger, the Commission voted to schedule hearings for the meeting of July 9, 2015 at 6:30 p.m. for Mill City Ballroom, Inc., Prathna, Inc., and Kajal Corp. The Commission voted on the motion by Commissioner Krieger, second by Commissioner McGovern, to recess at 7:00 p.m. pending the appearance of Shannon KelleyBarrozo, Manager of Rivers Wild, Inc. The Commission voted at 7:10 p.m. to reconvene the meeting on the motion by Commissioner Krieger, second by Commissioner McGovern. The Commission opened the hearing continued from June 11, 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. Shannon M. KelleyBarrozo was present. Attorney Raymond Weicker was present as legal counsel for Rivers Wild, Inc. Ms. KelleyBarrozo and Attorney Weicker stated that the business is closed. The business is for sale, but that Ms. KelleyBarrozo will not re-open at this time. Attorney Weicker stated that the outdoor deck that serves as a patio is in need of repair and will not be accessible to patrons if the business were to open. There was a discussion regarding the licenses and the sale of the business by the Commission, Assistant License Commission minutes for June 25, 2015 page 5 of 6 Solicitor Veloso, and Attorney Weicker. Commissioner Krieger and Commissioner McGovern questioned about the status of the physical licenses, and of the alcohol beverages at the restaurant. Attorney Weicker stated that the licenses and the alcohol beverages were in the possession of Ms. KelleyBarrozo at her place of residence. Captain Kennedy noted that the violations are of a moot point temporarily. On the motion by Chairman Descoteaux, second by Commissioner Krieger, the Commission voted to place the Superintendent’s letter on file. The Commission voted to adjourn the meeting at 7:30 p.m. on a motion by Commissioner Krieger, second by Commissioner McGovern. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for June 25, 2015 page 6 of 6