License Commission

Minutes for Lowell License Commission meeting, Thursday, August 6, 2015 at 6:30 p.m., City Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 Present: Commissioners Cliff Krieger, presiding, Kristen Hogan, Nancy McGovern, and Terry McCarthy; and Captain Jack Webb of the Lowell Police Department, Asst. City Solicitor Kenneth Rossetti. Absent: Commissioner John Descoteaux. The Commission approved the minutes for meeting July 9, 2015, and July 23, 2015 on the motion by Commissioner Hogan, second by Commissioner McCarthy. The Commission reviewed the application for special one-day license to sell/dispense wines only by Elizabeth Kegley of the Merrimack Repertory Theatre, for MRT Performance at Liberty Hall, 50 East Merrimack St., August 26, 27, 28, 29, 30, September 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18, 19, 20 - 2015 [20 dates], concession sales/service for forty-five (45) minutes prior to performance. Elizabeth Kegley was present. Ms. Kegley requested her application be amended to sell/dispense malt beverages & wines only, or either one. The Commission, on the motion by Commissioner McGovern, second by Commissioner Hogan, voted to approve the special one-day license to sell/dispense malt beverages & wines only, or either one by Elizabeth Kegley of the Merrimack Repertory Theatre. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one by the following individuals: Margaret Mokoro for a Memorial Service, Friday, August 21, 2015, 7:00 p.m. to 1:00 a.m. at UTEC, 34 Hurd Street. Margaret Mokoro was present. Tracy Martino of Aramark, at the Bellegarde Boathouse, 500 Pawtucket Blvd., Greek Alumni Reunion, Saturday, August 22, 2015, 6:00 p.m. to 11:00 p.m. Tracy Martino was present. Gabby Davis - Made in Lowell, Café - UTEC, 41 Warren Street, Opening Wine Dinner - Lowell Food & Wine Festival, Thursday, September 10, 2015, 6:30 p.m. to 8:30 p.m. Gabby Davis was present. Gabby Davis - Made in Lowell, Forest Lounge @ Mill No. 5, 250 Jackson St., 4th fl., Opening Reception - Lowell Food & Wine Festival, Thursday, September 10, 2015, 7:00 p.m. to 9:00 p.m. License Commission minutes for August 6, 2015 page 1 of 6 Gabby Davis - Made in Lowell, Kerouac Park, Bridge Street, Food Truck Madness - Lowell Food & Wine Festival, Friday, September 11, 2015, 5:30 p.m. to 9:30 p.m. Gabby Davis - Made in Lowell, Mill City Grows, Urban Farm, Middlesex Street, Farm to table dinner - Lowell Food & Wine Festival, Saturday, September 12, 2015, 6:30 p.m. to 8:30 p.m. The Commission reviewed the applications for special one-day licenses to sell/dispense all alcohol beverages: Gabby Davis - Made in Lowell, Middle and Palmer Streets, Grand Tasting - Lowell Food & Wine Festival, Saturday, September 12, 2015, 12:00 p.m. to 6:00 p.m. Gabby Davis - Made in Lowell, Café - UTEC, 41 Warren Street, Sips & Sweets - TLFWF, Saturday, September 12, 2015, 9:30 p.m. to 11:00 p.m. Commissioner Krieger questioned Gabby Davis about the events scheduled to take place at Kerouac Park and at Middle and Palmer Streets. Ms. Davis stated that Made in Lowell will request the permits to utilize the open space at Kerouac Park, and at Middle and Palmer Streets. Commissioner Krieger stated the Commission may grant contingent approval for the two (2) applications for the date of September 11th at Kerouac Park, and September 12th at Middle and Palmer Streets. Commissioner Hogan questioned Margaret Mokoro about her understanding of the rules and regulations as a first time applicant. Ms. Mokoro stated she reviewed and understood the License Commission regulations. Ms. Mokoro stated the event is a memorial service. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Hogan, voted to approve special one-day licenses for alcohol beverages to Margaret Mokoro, Tracy Martino, and Gabby Davis, and with the stipulation that the licenses for Gabby Davis – Made in Lowell at Kerouac Park, and for Middle and Palmer Streets receive the City permits to use the open space for the scheduled events. The Commission reviewed the application for special events permit for amplification of sound for outdoor public entertainment by Suzzanne Cromwell of Lowell Film Collaborative, film screening with amplification, Outdoor Film Screening/Free Community Event, Thursday, August 27, 2015, 8:00 p.m. to License Commission minutes for August 6, 2015 page 2 of 6 10:00 p.m., at North Common Amphitheater, Father Sarantos Way. Suzzanne Cromwell was present. The Commission approved the special events permit for Suzzanne Cromwell for August 27, 2015. Mina Rezkalla, Market St Market, Cyrus Enterprises, Inc., 95 Market Street, did not appear as requested by the Executive Secretary regarding the matter of the Sidewalk Stand license approved on July 23, 2015 for July 24, 25, 26 – 2015. The Commission opened the public hearing on the application by Thirteen Fifty Middlesex LLC, d/b/a Angelina Two, Jasbir Saini, Manager, for a malt beverages & wines only package store license for premises at 1350 Middlesex Street, a one level convenience store, 1,600 square feet. It is requested that Jasbir Saini be approved as manager of record for Thirteen Fifty Middlesex LLC. Jasbir Saini and Atty. Joseph Edwards, legal counsel for Thirteen Fifty Middlesex LLC, were present. Attorney Edwards addressed the Commission. The store hours are 6:00 a.m. to 11:00 p.m.; there is a store camera and a scanning system for ID’s. Commissioner Krieger questioned the store name of Angelina Two, and the matter of the restaurant adjacent to the store with the name of Angelina's [Pizzeria & Subs]. Attorney Edwards stated that there is no alcohol license for the restaurant. Commissioner Krieger opened the hearing for public comment. There was no one present to speak in favor of the application; that portion of the hearing was closed. There was no one present to speak in opposition; that portion of the hearing was closed. The Commission reviewed the affidavit of notice of mailing to abutter[s] and others filed for the applicant, Thirteen Fifty Middlesex, LLC; the document with attached postal receipts were ordered placed on file. The hearing was closed, and the Commission, on the motion by Commissioner Hogan, second by Commissioner McCarthy, voted to grant the malt beverages and wines only package store license to Thirteen Fifty Middlesex LLC for premises at 1350 Middlesex Street for the calendar year 2015. It was voted to approve Jasbir Saini as manager of record for Thirteen Fifty Middlesex LLC. The Commission opened the public hearing on 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., one unnumbered door east side, and west side; first floor-one room for restaurant, kitchen, and office; basement for storage; sidewalk seating area in License Commission minutes for August 6, 2015 page 3 of 6 front of 602-608 Merrimack St. It is requested that Thai Duc Ninh be approved as manager of record for Pho VStar Restaurant & Lounge, LLC. Pho VStar Restaurant & Lounge, LLC has applied for license for entertainment in a licensed restaurant – live music, soloist, band, disc jockey, and juke box. Thai Duc Ninh and Atty. Patrick J. Wood, legal counsel for Pho VStar Restaurant & Lounge, were present. Attorney Wood addressed the Commission. Attorney Wood stated that Thai has taken courses for Health; the restaurant is in compliance with Fire Department and Building code. The restaurant has sidewalk seating but does require a City license to occupy the space. Commissioner Krieger opened the hearing for public comment. There was no one present to speak in favor or against the application for license transfer from Amae Restaurant, LLC to Pho VStar Restaurant & Lounge, LLC. The hearing was declared closed. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Hogan, voted to approve the application for transfer of the all alcoholic beverages restaurant license for calendar year 2015 from Amae Restaurant, LLC to Pho VStar Restaurant & Lounge, LLC for premises at 602-608 Merrimack St., one unnumbered door east side, and west side; first floor-one room for restaurant, kitchen, and office; basement for storage; sidewalk seating area in front of 602-608 Merrimack St. The Commission approved Thai Duc Ninh as the manager of record for Pho VStar Restaurant & Lounge, LLC. The Commission approved the license for Pho VStar Restaurant & Lounge, LLC for entertainment in a licensed restaurant – live music, soloist, band, disc jockey, and juke box for 2015. The Commission opened the hearing 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. Peter P. Sam, manager of record for Prathna, Inc., was present. Atty. Catherine Joan Flood was present as legal counsel for Prathna, Inc. Attorney Flood waived the reading of the letter of complaint. Attorney Flood stated that in the two years the retail store has had the package store license, there has not been a prior violation. Mr. Sam and his wife work at the store, and there are two employees who work the night shift. Customers are carded. Attorney Flood stated that Mr. Sam and his family were celebrating his birthday the evening of the License Commission minutes for August 6, 2015 page 4 of 6 Lowell police compliance check, June 4, 2015. Captain Webb confirmed the facts of the compliance check. Sergeant Jonathan Noone of the Lowell Police Department was present; he stated that the store is very busy. Commissioner McCarthy asked Sergeant Noone if the store clerk could have been overwhelmed with customers. Sergeant Noone said possibly [yes]. The Commission recommended that store employees be certified [T.I.P.S.]. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Hogan, voted to place the letter from the Superintendent of Police on file. Commissioner Krieger admonished Peter Sam, Manager of Record, that a second event may not be dealt so lightly by the Commission. Eric Sack of Lowell Southeast Asian Water Festival, appeared before the Commission regarding his application for special events permit sound system for amplification of sound for outdoor public entertainment for live music, public address, and disc jockey, Saturday, August 15, 2015, 9:00 a.m. to 5:00 p.m., at the Heritage Sampas Pavilion, Pawtucket Blvd. Mr. Sack apologized for leaving the meeting earlier. Commissioner Krieger stated apology accepted. Mr. Sack stated that he has requested the permit for approximately six years. The Commission approved the special events permit for Eric Sack of the Lowell Southeast Asian Water Festival on the motion by Commissioner Hogan, second by Commissioner McGovern. The Commission reviewed a report of activity of licensees during Lowell Folk Festival weekend, July 24, 25, 26 – 2015 from William M. Taylor, Superintendent of Police, dated August 4, 2015. Captain Webb explained the report, and stated Lowell police had copies of the licenses issued to the downtown businesses. Commissioner Krieger and Commissioner McCarthy inquired about licenses, licensees Mill City Ballroom, the Blue Shamrock, and about the sound amplification complaint from a neighbor of the Blue Shamrock. Captain Webb stated that an investigation is underway on an incident at Mill City Ballroom at 5:00 a.m. The Commission ordered that the Superintendent’s report be placed on file. The Commission reviewed the August 3, 2015 notice from Crystal Arnott of Lowell Humane Society that the event of August 14, 2015 is cancelled. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Hogan, voted to cancel the special one-day license to sell/dispense malt License Commission minutes for August 6, 2015 page 5 of 6 beverages & wines only, or either one granted to Crystal Arnott of the Lowell Humane Society on May 21, 2015, license number 85SP2015. The Commission voted to adjourn the meeting at 7:20 p.m. on a motion by Commissioner McCarthy, second by Commissioner Hogan. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for August 6, 2015 page 6 of 6