License Commission

Minutes for Lowell License Commission meeting, Thursday, September 10, 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 Elliott Veloso. Absent: John Descoteaux, Commissioner The Commission approved the minutes for meeting August 27, 2015 on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed application for special one-day license to dispense wines only by Barbara Gagel, for the Ayer Lofts Art Gallery, 172 Middle Street, Lowell Celebrates Kerouac "In His Own Words" Art Exhibit, Friday, October 9, 2015, 4:00 p.m. to 6:30 p.m. Barbara Gagel was present. The Commission, on the motion by Commissioner McGovern, second by Commissioner McCarthy, voted to approve the application. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one from Marc Clermont for following events at the Western Ave. Studios, 122 Western Ave.: Artoberfest – a charity fund raiser (beer garden) for two days, Saturday, October 3, 2015, 12:00 noon to 11:00 p.m., and for Sunday, October 4, 2015, 12:00 noon to 5:00 p.m.; also for the Halloween Party – a charity fund raiser, Saturday, October 24, 2015, 7:00 p.m. to 12:00 mid. Marc Clermont was present. Captain Webb, in answer Commissioner Krieger’s question, stated the Lowell Police did not have a problem with the activity. The Commission, on the motion by Commissioner McCarthy, second by Commissioner McGovern, voted to approve the applications. The Commission reviewed applications for special events permit for amplification of sound for outdoor public entertainment from the following applicants: Gabby Davis, Made In Lowell Inc., sound system for live music, Lowell Food & Wine Festival, Friday, September 11, 2015, 6:00 p.m. to 9:00 p.m., Kerouac Park. Gabby Davis was present. Gabby Davis, Made In Lowell Inc., sound system for live music, Lowell Food & Wine Festival, Saturday, September 12, 2015, 12:00 noon to 6:00 p.m., Middle & Palmer Streets. License Commission minutes for September 10, 2015 page 1 of 3 Francey Slater, Mill City Grows, sound system for live music, d.j., 4th Annual Harvest Festival, Saturday, September 26, 2015, 1:00 p.m. to 5:00 p.m., North Common Park, 413 Fletcher St. Kesiah Bascom of Mill City Grows, was present as representative. The Commission, on the motion by Commissioner McGovern, second by Commissioner McCarthy, voted to approve the applications. The Commission opened the hearing for The Middle Street Village, Inc., d/b/a The Village Smokehouse, 92-98 Middle St., Alan F. Kaplan, 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 1.20 Illegal Activities. The following individuals were present: Alan Kaplan, Atty. John J. Hartigan, legal counsel for The Middle Street Village, Inc., Justin Federico, and Officer Joseph Comtois of the Lowell Police Department. Attorney Hartigan waived reading of the allegation. Attorney Hartigan stated that an affidavit [of Chandler Kaplan] was filed with the License Commission. At the request of Commissioner Krieger, Captain Webb read the Superintendent’s letter to the Commission, dated August 5, 2015. Captain Webb stated there had been no call to the police station from Village Smokehouse. Justin Federico was present as a police witness; he addressed the Commission about the incident, which involved him when he was a patron of the Village Smokehouse on July 26, 2015. Officer Comtois stated that he was at the front desk of the Lowell Police Department [50 Arcand Drive] when Mr. Federico entered to report that he had been the victim of an assault and battery at the Village Smokehouse on July 26th. Officer Comtois stated that when Mr. Federico came into the police station, they spoke to one another, and Mr. Federico showed to Officer Comtois his cell phone, which had a picture of Mr. Federico’s laceration on the top of his head. Officer Comtois stated that there was swelling on the right side of his [Federico’s] face. Commissioner Krieger asked Mr. Federico if anyone had spoken to him at the Village Smokehouse. Mr. Federico stated that Mr. Kaplan spoke to him. Officer Comtois’ incident report [2015- 0013195A, 07/26/2015, 17:35] reads, in part, the following: “A review of the CAD system turned up NO calls for service to the smokehouse regarding [any] fights or disturbances during the time reported herein.” Attorney Hartigan addressed the Commission about the issue of Chandler Kaplan’s affidavit. Attorney Hartigan stated that the Smokehouse had requested detail police but no officer was available to work at the establishment. Commissioner Krieger spoke of License Commission regulation Section 1.16 Manager’s Responsibilities of filing License Commission minutes for September 10, 2015 page 2 of 3 an incident report about the fight in the Smokehouse. Commissioners Hogan and McCarthy each questioned Attorney Hartigan. Attorney Hartigan provided a copy of an incident report to Commissioner McCarthy that had been faxed to the License Commission Executive Secretary on July 28, 2015 by Alan Kaplan; the report includes references of Alan Kaplan with Justin Federico at 12:30 a.m., Saturday, July 26, 2015. Assistant Solicitor Veloso advised the Commission that there is a violation of License Commission regulation Section 1.20 Illegal Activities because the licensee had not placed a telephone call to the Police Department to immediately report the incident. At the conclusion of the hearing, the Commission, on the motion by Commissioner Krieger, second by Commissioner McGovern, voted to place the Superintendent of Police letter on file for one (1) year. Commissioner Krieger stated a point to understand: [the manager] should get the police officer’s name and badge number when addressing an officer about the incident. The Commission voted to adjourn the meeting at 7:05 p.m. on a motion by Commissioner Hogan, second by Commissioner McGovern. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for September 10, 2015 page 3 of 3