License Commission

Minutes for Lowell License Commission meeting, Thursday, July 9, 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, Kristen Hogan, Nancy McGovern, and Terry McCarthy; and Captain Thomas Kennedy of the Lowell Police Department, Asst. City Solicitor Elliott Veloso. The Commission reviewed the minutes for the meeting of June 25, 2015. The Commission voted to approve the meeting minutes on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission reviewed for ratification the issuance of special one-day license for malt beverages & wines only to Joanna Hall of The Flower Mill, 183 Dutton Street, Grand Re-opening of The Flower Mill, Thursday, July 9, 2015, 7:00 p.m. to 10:00 p.m. Joanna Hall was present. Chairman Descoteaux reminded Ms. Hall of her responsibility. The Commission, on the motion by Commissioner McGovern, second by Commissioner Krieger, voted to ratify issuance of license on July 6, 2015 to Joanna Hall. The Commission, on the motion by Commissioner McGovern, second by Commissioner Krieger, voted to ratify the issuance of special events permit for amplification of sound to Joanna Hall, The Flower Mill, 183 Dutton Street, sound system for live music, Grand Re-opening of The Flower Mill, Thursday, July 9, 2015, 7:00 p.m. to 10:00 p.m., open space behind building at 183 Dutton St. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one from Andrew Jacobson of Brew'd Awakening Coffeehaus, 61 Market Street, 10 year anniversary party, Thursday, July 30, 2015 from 4:00 p.m. to 9:00 p.m. Andrew Jacobson was present. Matthew J. McCarthy of LCRC, Inc., d/b/a Dudley's, 19 Merrimack St., enclosed area of Merrimack St., in front of 19 Merrimack St., 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, Sunday, July 26, 2015, 12:00 noon to 6:00 p.m. Matthew McCarthy was present. License Commission minutes for July 9, 2015 page 1 of 10 Chairman Descoteaux reminded the applicants of their responsibility regarding the sale and service of alcohol beverages. The Commission, on the motion by Commissioner McCarthy, second by Commissioner McGovern, voted to approve the licenses to sell/dispense malt beverages & wines only, or either one for Andrew Jacobson and Matthew McCarthy. The Commission reviewed the applications for special one-day licenses to sell/dispense all alcohol beverages by Jose M. Santos of the Holy Ghost Society, Holy Ghost Park, 65 Village Street, Fundraiser for Alexandra Teixeira, Saturday, July 18, 2015, 11:00 a.m. to 11:00 p.m. Jose Santos was present. Dennis R. Garneau of The Sporting and Athletic Club of Lowell, Inc., Hanover Street, between Market and Merrimack Streets, fundraising event/cookout, Saturday, August 1, 2015, 10:00 a.m. to 10:00 p.m. Dennis Garneau was present with Attorney Michael Zaim. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the licenses for all alcohol beverages for Jose M. Santos and Dennis Garneau. The Commission reviewed the applications for special events permit for amplification of sound for outdoor public entertainment. The Executive Secretary advised the Commission of the effect amplification [from sound systems] has had on Lowell residents living in close proximity to venues such as Woburn Street area where the Wao Lao Temple is located, Holy Ghost Park near Belvidere neighborhood, and the Sampas Pavilion, site for the Puerto Rican Festival, near the Pawtucketville neighborhood. Captain Kennedy addressed the Commission and the applicants about the statutory authority the Lowell Police have to cause a reduction in the volume of sound amplification, citing in particular the excessive sound from last year’s Puerto Rican Festival at the Sampas Pavilion. Chairman Descoteaux addressed the applicants about the issue of amplification which should not be so loud to disturb residents. Assistant Solicitor Veloso cited the statutory authority of Lowell Police to cause a reduction in the volume of sound. The Executive Secretary stated the application by Cameron Murphy of Lowell Telecommunications Corp. has been withdrawn per request of Cameron Murphy via email communication dated July 8, 2015. License Commission minutes for July 9, 2015 page 2 of 10 Matthew J. McCarthy, LCRC, Inc., d/b/a Dudley's, 19 Merrimack Street, 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 area of Merrimack St., in front of 19 Merrimack St. Matthew McCarthy was present. Andrew Jacobson, Brew'd Awakening Coffeehaus, music box for dance; horns, and sax, Street Active Dance Performance; Party Band playing, 2nd and 4th Tuesday, July, September, October; July 30, 2015, 5:00 p.m. to 8:30 p.m., at the sidewalk café of Brew'd Awakening, 61 Market St. Andrew Jacobson was present. Alan Williams, Birdsong At Morning, sound system for band and pre-recorded audio, Video Shoot, Thursday, July 23, 2015, rain dates August 6, 13 - 2015, 7:00 p.m. to 12:00 a.m., John St. parking garage, top level only. Alan Williams was present. Mr. Williams amended his application to the following: event date Thursday, August 20, 2015, rain date August 21, 2015. Jeffrey Hernandez, Hijos de Borinquen - Lowell Puerto Rican Cultural Festival, sound system for live bands, disc jockey, P.A. system, 35th Annual Lowell Puerto Rican Cultural Festival, Saturday, August 22, 2015, 11:00 a.m. to 9:00 p.m., Lowell Heritage State Park, Sampas Pavilion & Esplanade, 540 Pawtucket Blvd. Jeffrey Hernandez was present. Suzzanne Cromwell, Lowell Film Collaborative, film screening with amplification, Outdoor Film Screening for National Night Out in Lowell, Tuesday, August 4, 2015, 7:00 p.m. to 10:00 p.m., C. W. Morey Elementary School, 130 Pine Street. Suzzanne Cromwell was present. Jose M. Santos, Holy Ghost Society, sound system for music, Fundraiser for Alexandra Teixeira, Saturday, July 18, 2015, 11:00 a.m. to 11:00 p.m., outdoor grounds at Holy Ghost Park, 65 Village St. Jose Santos was present. Dennis R. Garneau, The Sporting and Athletic Club of Lowell, Inc., sound system for band/disc jockey, fundraising event/cookout, Saturday, August 1, 2015, 10:00 a.m. to 10:00 p.m., Hanover Street, between Market and Merrimack Streets. Dennis Garneau was present. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to grant the special event permits for amplification of sound to the above applicants, that each license for License Commission minutes for July 9, 2015 page 3 of 10 special events permit for amplification of sound shall have recorded the following: “Lowell police may require reduction of sound amplification by statutory authority.” The Commission reviewed the application for Sidewalk Stand license by Wicked Staffing Solutions, LLC, David Andrade/Rose Romano, representatives, 45 Middle Street, for July 24, 25, 26 – 2015, Folk Festival weekend. Rose Romano was present. The Commission voted to grant the Sidewalk Stand license to Wicked Staffing Solutions, LLC on the motion by Commissioner McCarthy, second by Commissioner Hogan. The Commission opened the public hearing on 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, unnumbered door north side, first floor, one room for restaurant, and kitchen; total square footage 1,800, seating capacity 85; basement for storage. It is proposed that Michael F. Dailey Jr. be approved as manager of record for UnchARTed Gallery & Studios LLC. The Commission also received applications for licenses for common victualler, and entertainment in a licensed restaurant – live music, disc jockey, juke box by UnchARTed Gallery & Studios LLC for premises at 103 Market St. The following individuals were present: Michael F. Dailey Jr. and Attorney Michael Talty of Lowell. Attorney Talty addressed the Commission, stating that Michael Dailey plans to establish a new niche establishment, an art gallery, including live performances with audience to be served food, and offered beer and wine. While this format would be new in the City, Mr. Dailey has an extensive history as a resident artist. There is significant support in the community said Attorney Talty. Chairman Descoteaux opened the hearing for public comment, requesting to hear from individuals who wish to speak in favor of the application. The following individuals spoke in favor of the application: Matthew Menzger, David Robinson, Diana Collins, and Sue Parker; each individual spoke of the restaurant for local artists to exhibit their work in the downtown cultural district, the responsible character of Mr. Dailey, and an opportunity to give back to the community. Chairman Descoteaux closed that part of the hearing for favorable comments, and opened the hearing for those individuals who wish to speak in opposition to the application. Nick Petrakos, owner of Blue Shamrock, located at 105 Market St., addressed the License Commission minutes for July 9, 2015 page 4 of 10 Commission about the possibility of entertainment including d.j. and bands. There were no other individuals to speak in opposition to the application. Chairman Descoteaux closed the public commentary portion of the hearing. Chairman Descoteaux questioned the nature of the entertainment to be presented. Mr. Dailey stated his idea was to have a space as in Inman Square [Cambridge, MA], cites an establishment with an art show, a small venue, a comedian, visual arts, a combination of things we wish to put out, a collaboration. Attorney Talty stated the closing time will be staggered. Mr. Dailey stated not to party to 2:00 a.m. Commissioner McCarthy questioned the occupancy. Mr. Dailey stated the occupancy to be 99. Assistant City Solicitor Veloso speaking for the Law Department questioned how the applicant will approach the matter of food service, are there sufficient facelifts to serve food as a restaurant. Attorney Talty stated there will be food service during the day, lunch and evening food service, [patron] seating. Assistant Solicitor Veloso questioned the matter of the area where there will be alcohol beverages served, and if that area is to be cordoned off from studio space not to be authorized for alcohol beverages. Mr. Dailey stated the restaurant will have a separate entrance from the gallery, not a cross end to go upstairs. Chairman Descoteaux questioned if alcohol beverages are to be transported [to gallery]. Mr. Dailey stated no, that he worked with the architect and the City [to develop the space]. Assistant Solicitor Veloso asked if the studio is to be used for storage. Mr. Dailey stated the basement will be for storage. Commissioner Hogan questioned if the servers will be TIPS certified. Mr. Dailey stated that the servers would be TIPS certified. At the end of the hearing, the Commission on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to grant a malt beverages and wines only restaurant license to UnchARTed Gallery & Studios LLC, d/b/a UnchARTed Gallery & Studios, Michael F. Dailey Jr., Manager, for premises at 103 Market Street, unnumbered door north side, first floor, one room for restaurant, and kitchen; total square footage 1,800, seating capacity 85; basement for storage, for the calendar year to expire December 31, 2015. The Commission did not find that the granting of the malt beverages and wines restaurant license to UnchARTed Gallery & Studios LLC for premises at 103 Market Street would be detrimental to the religious or educational activity of a church or school within 500 feet of said premises. The Commission voted to approve Michael F. Dailey Jr as Manager of Record License Commission minutes for July 9, 2015 page 5 of 10 for UnchARTed Gallery & Studios LLC. The following licenses were granted by the Commission to UnchARTed Gallery & Studios LLC, premises at 103 Market Street, first floor, for 2015: common victualler, and entertainment in a licensed restaurant for live music, art, poetry, comedy performance. The Commission opened the public hearing on 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, unnumbered doors, north, south, west sides of building. First floor dining room, counter area, kitchen, and storage rooms. It is proposed that Yanping Zhan be approved as manager of record for Pine Stream Inc. Yanping Zhan was present. Chairman Descoteaux opened the hearing for public comment, requesting to hear first from anyone who wished to speak in favor of the application. There was no one present to speak in favor, that portion of the hearing was closed. Chairman Descoteaux requested to hear from anyone who wished to speak in opposition to the application. Sean McNutt, resident on Parker Street, and an abutter, stated his opposition to the application because of people who gather in the restaurant parking lot late at night, and that they can get loud. Mr. McNutt stated that he has been a Parker Street resident for eleven (11) years. Ms. Zhan addressed the Commission. She stated that the prior business [Wah Sang Restaurant, Inc.] had the license for beer and wine, and that customers want beer. The public commentary portion of the hearing was closed, and on the motion by Commissioner McCarthy, second by Commissioner Krieger, the Commission voted to grant a malt beverages and wines restaurant license to Pine Stream Inc., d/b/a Wah Sang Restaurant, Yanping Zhan, President, for premises at 457 Chelmsford Street for the calendar year to expire December 31, 2015. The Commission did not find that the granting of the malt beverages and wines restaurant license to Pine Stream Inc. for premises at 457 Chelmsford Street would be detrimental to the educational activity of a school within 500 feet of said premises. The Commission voted to approve Yanping Zhan as manager of record for Pine Stream Inc. The Commission reviewed the application by Camila, LLC, d/b/a Reservations, an all alcoholic beverages restaurant licensee at 179 Central St. for change of manager from Jorge A. Torres to Mariano Centeno of Lowell. The following individuals were present: Mariano Centeno, Jorge Torres, and Attorney Michael License Commission minutes for July 9, 2015 page 6 of 10 Ford, legal counsel for Camila, LLC. Attorney Ford introduced Mr. Centeno, and addressed the Commission on the matter of the proposed change of manager. Attorney Ford stated that when Reservations originally opened it was with the food concept; Mr. Centeno has prior experience working at a bar and grill, 2005 to 2010, and worked at Reservations from 2010 to 2011. Attorney Ford stated there will be a new menu; Mr. Centeno will work diligently, and be there forty (40) hours. Commissioner Krieger questioned Mr. Centeno’s 2011 work experience at Reservations. Commissioner McCarthy sought confirmation on the forty (40) hours for Mr. Centeno at Reservations. Mr. Centeno addressed the Commission to acknowledge his experience, and willingness to work forty (40) hours at Reservations. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to approve Mariano Centeno as Manager of Record for Camila, LLC, d/b/a Reservations, 179 Central Street. Chairman Descoteaux opened the discussion on the matter of the one (1) hour decrease from 2:00 a.m. to 1:00 a.m. for the licensee Camila, LLC, ordered by the License Commission as a result of determining the public need to do so at a hearing on May 21, 2015. Attorney Michael Ford addressed the Commission as legal counsel for Camila LLC, d/b/a Reservations, all alcoholic beverages restaurant licensee at 179 Central St. Jorge Torres and Mariano Centeno were present. Attorney Ford cited the need to be open from 10:00 p.m. to 2:00 a.m. to serve patrons; the menu is a concept in development; there will always be an employee on premises for training; suggesting that Mariano Centeno can make it work, with a closing time at 2:00 a.m. Chairman Descoteaux stated the Commission hopes that a new manager of record will turn the business around. Mr. Torres expressed his feeling that it will be better for him to work during the day as opposed to at night in the restaurant. Mr. Centeno stated he will be in charge, feels confident about running the business, hiring bartenders, maintaining security, and setting up the menu. Captain Kennedy stated that the business is closed when asked by Commissioner Krieger as to activity in the area. Assistant Solicitor Veloso addressed the matter of the seriousness of public safety; the City doesn’t want any business causing a problem; police and fire departments will keep a close eye on the establishment. Commissioner Krieger stated that with a new manager may be time to roll the hours back. Commissioner Krieger made the motion to increase the legal closing for Camila LLC, d/b/a Reservations, 179 Central License Commission minutes for July 9, 2015 page 7 of 10 Street, from 1:00 a.m. to 2:00 a.m., second by Commissioner McCarthy; vote ayes Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy; vote no Commissioner McGovern. Motion passed four (4) ayes, one (1) no. The Executive Secretary stated that the License Commission’s approval of the application for change of manager for Camila LLC will be sent to the Alcoholic Beverages Control Commission on Friday, July 10, 2015; A.B.C.C. approval of the application for change of manager may take several weeks. The Commission discussed the restoration in the legal closing from 1:00 a.m. to 2:00 a.m. for Camila LLC taking effect upon approval of the new manager by the A.B.C.C. A motion by Chairman Descoteaux to amend the motion for the one (1) hour increase to take effect upon approval by the A.B.C.C. of Mariano Centeno as the manager of record for Camila LLC, second by Commissioner Krieger; vote ayes Chairman Descoteaux, Commissioners Krieger, Hogan, McCarthy; vote no Commissioner McGovern. Motion passed four (4) ayes, one (1) no. The Commission opened the hearing for Kajal Corp., d/b/a Highlands Liquors, Mina Patel, Manager, all alcohol beverages package store licensee at 12 Bridge St., on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police 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. Mina Patel was present. Attorney Greg Demakis, legal counsel for Kajal Corp., was present. Attorney Demakis addressed the Commission, acknowledging the incident of the sale to the minor had occurred. The store has been owned by Kajal Corp. for four (4) years, and this is the first instance when a sales clerk sold to a minor without having asked for identification. Attorney Demakis stated further in order that there is not a second incident, Jim Staples of JPS Consultants will do on-site training for the store employees. Chairman Descoteaux asked about the store clerk who made the sale. Attorney Demakis stated that the employee is 43 years of age, and has worked in stores for years; this is the first time it has happened. Captain Kennedy stated that the store is quiet [without prior incidents], and he has spoken to Jim Staples. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to suspend the all alcohol beverages package store license granted and issued to Kajal Corp. for premises at 12 Bridge Street for one (1) day, and to hold said one day suspension of license in abeyance for one (1) year [July 9, 2016]. License Commission minutes for July 9, 2015 page 8 of 10 The Commission reviewed the request for continuance of hearing by Atty. Catherine Flood, dated July 6, 2015, due to travel plans of package store manager. The Commission voted to continue the hearing to August 6, 2015 for Prathna, Inc., d/b/a Prathna's Conv., Peter P. Sam, Manager, malt beverages and wines only package store licensee at 408 Suffolk St., on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police 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. The Commission opened hearings for Mill City Ballroom, Inc., Joel Asadoorian, Manager, all alcohol beverages restaurant licensee at 74 Merrimack St., on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police for violation of Lowell License Commission Regulation 5.05 Charge for Alcoholic Beverages, and ABCC 204 CMR 4.03 Prohibition of Certain Practices, and for violation of Lowell License Commission Regulation 2.04 Under 21 Events; Service Prohibited to Certain Individuals. Joel Asadoorian was present. Mr. Asadoorian stated that the promotion for ticket sales and the bottle of champagne was incorrect [as it appeared on the internet]. Mr. Asadoorian stated that the 18+ promotion was the result of a contract to rent the venue, and when made aware [by police] of the need for a promoter license at the time, made a solid effort not to serve alcohol beverages to individuals under 21 years of age. Lt. James Hodgdon of the Lowell Police department was present. Lt. Hodgdon stated that [Mr. Asadoorian] was not aware of the regulation at the time. Chairman Descoteaux asked Captain Kennedy about Mill City Ballroom. Captain Kennedy stated [Mill City Ballroom] fairly robust crowd, some confusion of Massachusetts General Laws and [License Commission] regulations work. Assistant City Attorney Veloso suggested the A.B.C.C. website has certain links to help owners, and the Law Department website has the rules and regulations available. The Executive Secretary stated per the recommendation of Commissioner McCarthy that [the Secretary] mailed the regulations to licensees, as well as via email to those licensees who have made their email address available to the office. Commissioner Krieger asked if there is a sign posted for the “cover charge.” Mr. Asadoorian stated yes. Commissioner Hogan questioned Mr. Asadoorian about the booking of events. Mr. Asadoorian License Commission minutes for July 9, 2015 page 9 of 10 acknowledged there is a schedule of events. Chairman Descoteaux made the motion to place the letters from the Superintendent of Police on file, second by Commissioner Krieger, so voted. The Commission reviewed the application by Mill City Ballroom, Inc., Joel Asadoorian, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St., for the services of a promoter, Steve Kaltsas of Dracut, MA, the event “Something For The Ladies,” 19+ for ladies only, Saturday, July 18, 2015 from 8 p.m. to 2 a.m. Joel Asadoorian and Steve Kaltsas were present. Mr. Kaltsas stated that the promotion is a hobby. Captain Kennedy stated the Lowell Police have no concerns at this time. Commissioner Krieger asked about the color of “wrist band” for patrons. Mr. Asadoorian agreed wrist bands for patrons who are of legal drinking age need to be very distinguishable. The Commission voted to approve the license for promoter for the July 18th event on the motion by Commissioner Krieger, second by Commissioner Hogan. The Executive Secretary requested the scheduling of a hearing for the application by Pho VStar Restaurant & Lounge, LLC, Thai Duc Ninh, Manager, for the transfer of the all alcoholic beverages restaurant license from Amae Restaurant, LLC, for premises at 602-608 Merrimack St., be continued to the next scheduled meeting for July 23, 2015. An amendment to said application is to be filed. The Commission, on the motion by Commissioner McCarthy, second by Commissioner McGovern, voted to continue the scheduling of a hearing for Pho VStar Restaurant application to July 23, 2015. The Commission voted to adjourn the meeting at 8:20 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 July 9, 2015 page 10 of 10