License Commission

Minutes for Lowell License Commission meeting, Thursday, August 27, 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 Jack Webb of the Lowell Police Department, Asst. City Solicitor Elliott Veloso. The Commission approved the minutes for meeting August 6, 2015 on the motion by Commissioner Krieger, second by Commissioner Hogan, with a grammatical correction on page 5, line 13, to wit “Mr. Sack stated that he has requested the permit for approximately six years.” The Commission reviewed applications for special one-day license to dispense wines only from Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street: Artists’ reception - Fall Members' Show, Saturday, September 19, 2015, 4:00 p.m. to 6:00 p.m. Artists’ reception - Abstractions 2015, Saturday, October 17, 2015, 4:00 p.m. to 6:00 p.m. Artists’ reception - Small Holiday Treasures, Saturday, December 5, 2015, 6:00 p.m. to 8:00 p.m. Steve Syverson was present. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to approve the applications for licenses by Steve Syverson. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Tracy Martino of Aramark for the English Department Welcome Back Reception to be held at The Allen House, 2 Solomont Way, on Thursday, September 10, 2015 from 2:00 p.m. to 7:00 p.m. Tracy Martino was present. James A. Demetri of the Transfiguration Greek Orthodox Church for the event Greek Festival, at 25 Fr. John Sarantos Way: Sat., September 26, 2015 – 11:00 a.m. to 11:00 p.m.; and Sun., Sept. 27, 2015 – 12:00 p.m. to 7:00 p.m. James Demetri was present. Chairman Descoteaux asked Captain Webb if the Lowell police may have any concern about the applications. Captain Webb stated the Lowell police did not. The Commission, on the motion by Commissioner Hogan, second by Commissioner McGovern, voted to approve the applications for licenses by Tracy Martino and James Demetri. License Commission minutes for August 27, 2015 page 1 of 5 The Commission reviewed the application for special events permit for amplification of sound for outdoor public entertainment. James A. Demetri of the Transfiguration Greek Orthodox Church for the event Greek Festival, at 25 Fr. John Sarantos Way, behind church: Sat., Sept. 26, 2015 – 11:00 a.m. to 11:00 p.m.; and Sun., Sept. 27, 2015 – 12:00 p.m. to 7:00 p.m. James Demetri was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Hogan, voted to approve the application for special events permit by James Demetri. The Commission reviewed the application for special one-day license to sell/dispense all alcohol beverages: Rachel Chaddock of Circle Home, Inc. for an Open House at Circle Home, Inc., 847 Rogers St., # 201, on Wednesday, September 16, 2015 from 5:30 p.m. to 7:30 p.m. Rachel Chaddock was present. Chairman Descoteaux questioned Rachel Chaddock about Circle Home. Ms. Chaddock stated that Circle Home was formerly known as the Visiting Nurse Association. The Commission, on the motion by Commissioner Hogan, second by Commissioner Krieger, voted to approve the application for license by Rachel Chaddock. The Commission reviewed the application by Lowell Lodge # 87, B. P. O. Elks of USA, all alcoholic beverages club licensee for premises at 40 Old Ferry Road, for change of officers and directors, and for change of manager from Susan Lawrenson to Teri Reardon of Lowell, MA. Ted Sarantis was present. On the motion by Chairman Descoteaux, second by Commissioner Krieger, the Commission voted to continue the matter of said review pending the arrival of Teri Reardon, the proposed manager of record. The Commission reviewed the application by David J. LeDuc of Lowell, MA for Second Hand Articles license for premises at 269 Chelmsford Street; propose business name: “what do u need used furniture.” David LeDuc was present. The Commission, having questioned Mr. LeDuc about his business plan, voted on the motion by Commissioner Krieger, second by Commissioner McCarthy, to approve the application for license by David LeDuc. The Commission opened the hearing for Makutano, Inc., d/b/a Acre Village Pub and Grill, 282-284 Fletcher St., James Nyoike, Mgr. on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, for violation of Lowell License Commission regulations Section 1.16 Manager’s Responsibilities, and Section License Commission minutes for August 27, 2015 page 2 of 5 1.20 Illegal Activities. James Nyoike, Pamela Nocella, and Attorney Arthur Sullivan, who is legal counsel for Makutano, Inc. Officer Felix Gonzalez of the Lowell Police Department was present. Attorney Sullivan addressed the Commission; he stated that the only knowledge about the [incident] was the police themselves, [Lowell License Commission regulation] 1.16 does not apply; failure to call immediately inside, [bartender] not aware of conflict in bar, no evidence of disorder. Officer Gonzalez answered questions from the Commission; he referenced a statement made by the bartender of an incident prior to closing. Attorney Sullivan stated two patrons at closing time had an exchange of words. Ms. Nocella was the bartender; she explained the situation at the bar prior to Officer Gonzalez arrival to investigate an assault that took place in an area of Broadway and Fletcher Streets on July 23, 2015, approximately 2:23 a.m. Captain Webb stated that if police had been notified of the [verbal] incident at the bar, the altercation that occurred [outdoors] could have been prevented. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Hogan, voted to place the letter from the Superintendent of Police on file. The Commission continued the review of the application by Lowell Lodge # 87, B. P. O. Elks of USA. Teri Reardon and Ted Sarantis were present. Ms. Reardon offered a history of her employment working at licensed establishments. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve Teri Reardon as manager of record, and the change of officers and directors for the Lowell Lodge # 87, B. P. O. Elks of USA. The Commission, at the request of Chairman Descoteaux, heard from Assistant Solicitor Veloso on the matter of a letter of request faxed to the Law Department on August 27, 2015 at approximately 1:40 p.m. from Gregory D. Oberhauser, Attorney & Counsellor at Law, 287 Appleton St., Suite 207, Lowell, MA 01852. Attorney Oberhauser requests a continuance of hearing as legal counsel for TR Enterprises, Inc., d/b/a El Rincon, 135 Central Street. Asst. Solicitor Veloso stated that the notice of hearing for TR Enterprises was sent [on or about] August 8th; the manager of record [Rey Serrano] contacted Atty. Oberhauser today. Attorney Oberhauser as the licensee’s attorney requested a continuance to another date. Asst. Solicitor Veloso stated the Alcoholic Beverages Control Commission (A.B.C.C.) recommends a continuance be granted by the local licensing authority, but there is no specific requirement. A continuance may be granted in a reasonable situation noted Asst. Solicitor Veloso, License Commission minutes for August 27, 2015 page 3 of 5 but [Atty. Oberhauser’ s request] is not reasonable since the licensee could have sought legal counsel ten (10) days ago. Asst. Solicitor Veloso stated the notice of hearing is dated August 7th, the licensee has had twenty (20) days to seek counsel, but sought counsel five (5) hours before time of hearing; the Commission has the authority to deny continuance. Chairman Descoteaux stated he is in agreement with Assistant Solicitor Veloso. Asst. Solicitor Veloso stated the communication sought continuance today, extremely late notice. Chairman Descoteaux stated that the Commission has been consistent about granting a continuance when it is requested twenty-four (24) hours before a scheduled hearing [but] not five (5) hours. Asst. Solicitor Veloso stated it is solely the License Commission decision. Chairman Descoteaux moved that the letter of complaint be read, the motion second by Commissioner McGovern. Commissioner Krieger offered an alternative in response to the request for continuance that the license for TR Enterprises be suspended pending the hearing to be held in two (2) weeks. Captain Webb stated that Lowell Police Officer Robert Rayne is present at the meeting. Asst. Solicitor Veloso stated a suspension of license without a hearing has been [over-turned] by the court, and the A.B.C.C. Chairman Descoteaux motioned for a roll-call vote to open the hearing for TR Enterprises, Inc., d/b/a El Rincon, 135 Central St., Rey Serrano, Mgr., on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, for violation of Massachusetts General Law Chapter 138, section 23, ABCC regulation 204 CMR 2.05 (2), and Lowell License Commission regulation Section 1.16 Manager’s Responsibilities, second by Commissioner McGovern. The Secretary enquired of Chairman Descoteaux – vote yes; Commissioner Krieger – vote yes; Commissioner Hogan – vote yes; Commissioner McCarthy – vote yes; Commissioner McGovern – vote yes. The vote was five (5) yeas to open the hearing for TR Enterprises, Inc. Chairman Descoteaux requested Captain Webb to read the letter of complaint from the Superintendent of Police. There was no one present to represent the licensee, TR Enterprises, Inc. Officer Robert Rayne of the Lowell Police Department was present. Captain Webb read the Superintendent’s letter dated August 5, 2015. Officer Rayne was questioned by Chairman Descoteaux. Officer Rayne confirmed the incident of July 25, 2015 of a conversation a pedestrian had with him about observing cases of beer being unloaded from a vehicle parked in front of El Rincon at 135 Central St. Officer Rayne stated he spoke with Rey Serrano inside the restaurant. Officer Rayne confirmed that Mr. Serrano told the police officer that he had cases of beer delivered by “some guys.” The receipt for the purchase from a License Commission minutes for August 27, 2015 page 4 of 5 retail store was made available to Officer Rayne by Rey Serrano. Captain Webb submitted a copy of the receipt for the License Commission. Ten (10) cases of Presidente beer, purchased at a retail store were removed from the licensed premises by Lowell police as evidence. At the conclusion of the hearing, the Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to suspend the all alcoholic beverages restaurant license granted and issued to TR Enterprises, Inc., d/b/a El Rincon, 135 Central Street for calendar year 2015 for a period of seven (7) days, and to hold in abeyance for one (1) year four (4) days of said suspension [August 27, 2016]; three (3) days suspension effective from 8:00 a.m. Thursday, September 17, 2015 to Sunday, September 20, 2015 at 2:00 a.m. The Commission voted, on the motion by Commissioner Hogan, second by Commissioner McCarthy, to continue the hearing for The Middle Street Village, Inc., d/b/a The Village Smokehouse, 92-98 Middle St., Alan F. Kaplan, Mgr., to September 10, 2015 per the written request from Atty. John J. Hartigan filed August 20, 2015. Attorney Hartigan is legal counsel for the licensee The Middle Street Village, Inc. for the matter of the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, against said licensee for violation of Lowell License Commission regulations Section 1.16 Manager’s Responsibilities, and Section 1.20 Illegal Activities. The Commission voted to adjourn the meeting at 7:40 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 August 27, 2015 page 5 of 5