License Commission

Minutes for Lowell License Commission meeting, Thursday, October 8, 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; and Captain Jack Webb of the Lowell Police Department; Elliott Veloso, Asst. City Solicitor, Hannah Pappenheim, Asst. City Solicitor. Absent: Nancy McGovern and Terry McCarthy, Commissioners The Commission approved the minutes for meeting September 24, 2015 on the motion by Commissioner Krieger, second by Commissioner Hogan. The Commission reviewed the application for special one-day licenses to sell/dispense malt beverages & wines only, or either one from the following applicants: William H. Fuller of The Bartending Service of New England, LLC, for wedding reception, Saturday, October 10, 2015, 5:00 p.m. to 10:00 p.m., at the United Teen Equality Center, 34 Hurd St. William Fuller was present. Gabby Davis - Made in Lowell, at JFK Plaza, Lowell Oktoberfest, Saturday, October 17, 2015, 3 p.m. to 9:00 p.m. Gabby Davis - Made in Lowell, at JFK Plaza, Lowell Oktoberfest, Sunday, October 18, 2015, 12 noon to 5:00 p.m. Gabby Davis was present. The Commission, on the motion by Commissioner Hogan, second by Commissioner Krieger, voted to approve the applications for licenses by William H. Fuller, and Gabby Davis. The Commission reviewed the application for special events permit for amplification of sound for outdoor public entertainment by Gabby Davis, Made In Lowell Inc., sound system for live music - The Mad Bavarian Band, for Lowell Oktoberfest, Sat., October 17, from 3 p.m. to 9 p.m., and Sun., October 18, 2015, from 12 noon to 5 p.m., at the JFK Plaza. Gabby Davis was present. The Commission, on the motion by Commissioner Hogan, second by Commissioner Krieger, voted to approve the special events permit for amplification of sound by Gabby Davis, Made In Lowell, Inc. License Commission minutes for October 8, 2015 page 1 of 10 The Commission reviewed the applications for special one-day license to sell/dispense all alcohol beverages by Isabel Chavez of the Holy Ghost Society, Holy Ghost Park, 65 Village Street: Madeira Night, Saturday, October 10, 2015, 6:00 p.m. to 1:00 a.m. Graciosa Night, Saturday, October 17, 2015, 5:00 p.m. to 1:00 a.m. Portuguese Night, Saturday, November 7, 2015, 6:00 p.m. to 1:00 a.m. Wedding, Saturday, November 14, 2015, 5:00 p.m. to 1:00 a.m. Isabel Chavez was present. Ms. Chavez stated that she would be present for each event until the conclusion in response to the question by Chairman Descoteaux. The Commission, on the motion by Commissioner Krieger, second by Commissioner Hogan, voted to approve licenses for Isabel Chavez of the Holy Ghost Society. The Commission reviewed for ratification the issuance of two (2) licenses on September 28, 2015: Special one-day licenses to sell/dispense all alcohol beverages for Isabel Chavez of the Holy Ghost Society, Holy Ghost Park, 65 Village Street: Fundraiser by Fred Smith, Saturday, October 3, 2015, 5:00 p.m. to 12:00 midnight; Brazilian Feast, Sunday, October 4, 2015, 5:00 p.m. to 12:00 midnight; motion to approve by Commissioner Hogan, second Commissioner Krieger, so voted. The Commission opened the hearing for L & S Liquors, Inc., Bun Song Chhuon, Manager, all alcoholic beverages package store licensee at 2 Dover 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 on September 3, 2015 [Lowell Police compliance check]. Bun Song Chhuon was present. Atty. Catherine Joan Flood was present as legal counsel for L & S Liquors, Inc. Attorney Flood waived the reading of the complaint; stated that the package store is a family run business. Chairman Descoteaux questioned the status of the store clerk as far as employment and training, and about prior complaints. Mr. [Mike] Chhuon stated that employee was fired, and had no training prior to the compliance check. Chairman Descoteaux stated he was alarmed that the employee would be terminated, when he had not received training. Attorney Flood clarified the comments of Mr. Chhuon by stating there was no formal training, i.e. TIPS, for the store employee. Mr. License Commission minutes for October 8, 2015 page 2 of 10 Chhuon stated he told the employee what to do when a customer did not appear to be of legal [drinking] age. The Commission reviewed the matter of an illegal sale to a minor by an employee of L & S Liquors during a Lowell Police compliance check on May 3, 2013. The Commission, at the conclusion of the hearing, on the motion by Commissioner Krieger, second by Chairman Descoteaux, voted to suspend the all alcoholic beverages package goods store license granted and issued to L & S Liquors, Inc., for three (3) days, to hold two (2) days of said suspension in abeyance for one (1) year, and that the licensee is to serve a one (1) day suspension on Friday, October 23, 2015. The Commission opened the hearing for Mill City Ballroom Inc., d/b/a Mill City Ballroom, Joel Asadoorian, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St., on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, for violations of law and regulations which took place on the licensed premises at 74 Merrimack St. on July 24-25, 2015, to wit: (a) Delivering free drinks to any person, in violation of 204 CMR 4.03(1)(a); (b) Delivering alcoholic beverages to an intoxicated person, in violation of M.G.L. chapter 138, section 69; (c) Failure to notify the Lowell Police Department of a violation of law, disorder, or disturbance in violation of Section 1.20 of the Regulations of the Lowell License Commission; (d) Violation of 204 CMR 2.05(2): No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore, whether present or not. In addition to the above described violations, illegalities which took on the licensed premises included Assault and Battery on a Family or Household Member; Willful and Malicious Destruction of Property over $250; and Threatening to Commit a Crime Involving Serious Bodily Injury. Joel Asadoorian, manager of record for Mill City Ballroom, Inc., was present. Commissioner Krieger inquired with the Executive Secretary about disciplinary action taken by the licensing authority at the conclusion of one hearing, and may that decision be a basis for disciplinary action at a subsequent hearing. The Secretary briefly alluded to a right of the licensee to appeal a decision. License Commission minutes for October 8, 2015 page 3 of 10 Assistant Solicitor Veloso explained that discipline in each instance is separate, and that each action allows the licensee the right of appeal, so the first decision would not be the basis for a second decision. Joel Asadoorian waived reading of the complaint, and then proceeded to explain the circumstances of a female patron visiting the licensed premises of Mill City Ballroom. Chairman Descoteaux addressed Mr. Asadoorian about the inconsistency of his explanation with the matter of the complaint before the Commission. Chairman Descoteaux confirmed with Captain Webb that what Mr. Asadoorian had stated relates to the incident of September 13, 2015, and not that of the incident of July 24-25, 2015. The Executive Secretary approached Mr. Asadoorian, who was standing at the podium, with the notice of hearing dated September 25, 2015 regarding said incident of July 24-25, 2015. Mr. Asadoorian stated he knew nothing about the incident, and had not received the notice of hearing. The Secretary stated the notice of hearing had been sent by certified mail, return receipt request, and by first class mail to the business address of Mill City Ballroom at 74 Merrimack St.; the return receipt had net been delivered to the Law office. Chairman Descoteaux questioned Captain Webb about the witness. Captain Webb stated that the witness could not come to the hearing. The Commission, on the motion by Chairman Descoteaux, second by Commissioner Krieger, voted to delay the hearing to the next meeting [October 22, 2015]. The Commission requested that the witness be present. The Commission opened the hearing for Mill City Ballroom Inc., d/b/a Mill City Ballroom, Joel Asadoorian, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St., on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, for violation of regulation which took place on the licensed premises at 74 Merrimack St. on August 15, 2015, to wit: Failure to maintain the licensed premises in a clean and sanitary condition, in violation of 204 CMR 2.05(8). Joel Asadoorian was present as manager of record for Mill City Ballroom, Inc. Lowell Police Lieutenant Barry Golner and Detective David Lally were present. Mr. Asadoorian requested reading of the complaint when asked by Chairman Descoteaux. Captain Webb, at the request of the License Commission Chairman, read aloud the communication from Superintendent of Police to the License Commission, dated September 16, 2015, as follows: License Commission minutes for October 8, 2015 page 4 of 10  On August 15, 2015, Lieutenant Barry Golner and Detective David Lally conducted an inspection of the Mill City Ballroom. The purpose of the visit was to investigate advertising on social media which indicated that free drinks were to be provided to some patrons on that date. The officers met with the manager, Joel Asadoorian. Mr. Asadoorian stated that the advertising was incorrect, and no free drinks were to be given out. While on the premises, the officers noted that the floor was sticky, and that three bottles of liquor behind the bar contained fruit flies. The bottles were seized, and Mr. Asadoorian was advised of the violation. Mr. Asadoorian stated to the Commission that he told the officers that the advertisement was incorrect. Lt. Golner stated that the police officers were at Mill City Ballroom to investigate advertisement on social media of an offering of free drinks of Hennessy [cognac] at Mill City Ballroom. Lt. Golner explained further that the night before there had been a huge fight after closing outside Mill City Ballroom, and the officers wanted to speak to him [Asadoorian] about what happened. Detective Lally presented three (3) bottles of liquor which had been tagged by the Lowell police as evidence from Mill City Ballroom on August 15, 2015. Each bottle was examined by the Commission and Mr. Asadoorian; one bottle contained one fruit fly, a second bottle two flies, and a third bottle had three fruit flies; in addition one bottle had a slice of lime. A discussion ensued between the Commission and Mr. Asadoorian about proper procedures for cleaning-up at the hour of closing. Assistant Solicitor Veloso explained the ABCC regulation that states the illegality of the free drink promotion. Mr. Asadoorian stated that representative(s) of Hennessy [cognac] purchased the bottle[s] of Hennessy from Mill City Ballroom, and then would offer a sample to certain patrons of Mill City Ballroom. Chairman Descoteaux noted the little things that Mill City Ballroom has been cited by Lowell police; the establishment will continue to be watched. Captain Webb stated that each time he has spoken to Mr. Asadoorian, he [Manager] states he does not understand the regulations. Chairman Descoteaux stated it is strike one. At the conclusion of the hearing, on the motion by Chairman Descoteaux, second by Commissioner Hogan, the Commission voted to suspend the all alcoholic beverages restaurant license granted and issued to Mill City Ballroom, Inc. for two (2) days, and to hold in abeyance the two (2) days suspension for one (1) year [October 8, 2016]. License Commission minutes for October 8, 2015 page 5 of 10 The Commission opened the hearing for Mill City Ballroom Inc., d/b/a Mill City Ballroom, Joel Asadoorian, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St., on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, for violations of law and regulations which took place on the licensed premises at 74 Merrimack St. on September 13, 2015, to wit: (a) Delivering alcoholic beverages to an intoxicated person, in violation of M.G.L. chapter 138, section 69; (b) Failure to submit a report to the Lowell License Commission and the Lowell Police Department concerning a police response to the licensed premises within 48 hours of the incident, in violation of Section 1.16 of the Regulations of the Lowell License Commission; (c) Allowing a patron to remain on the licensed premises after the legal closing time, in violation of Section 4.02 of the Regulations of the Lowell License Commission; (d) Violation of 204 CMR 2.05(2): No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefore, whether present or not. Joel Asadoorian was present as manager of record for Mill City Ballroom, Inc. Lowell Police Lieutenant James Hodgdon and Officer John Boutselis were present. Mr. Asadoorian requested reading of the complaint when asked by Chairman Descoteaux. Captain Webb, at the request of the License Commission Chairman, read aloud the communication from Superintendent of Police to the License Commission, dated September 16, 2015, as follows: On September 13, 2015, at approximately 2:00 AM, Lieutenant James Hodgdon and Officer John Boutselis were on duty in the downtown area. The officers observed several employees of the Mill City Ballroom and others standing on the sidewalk in front of the establishment. The officers asked if any patrons were still inside, and were told that only staff members were in the building. The employees were advised to lock up, and the rest of the crowd was dispersed without incident. The officers remained at the location for several minutes. At 2:10 AM, an employee opened the door and shouted, “Help! We need an ambulance!” The officers entered License Commission minutes for October 8, 2015 page 6 of 10  the foyer of the establishment and found an unconscious female on the floor. The female was bleeding from facial injuries, and had a strong odor of alcoholic beverages on her breath. An ambulance was summoned, and the officers learned that the injured female was a patron who had been allowed to wait upstairs for a ride after the establishment closed. The female had apparently fallen from a bar stool in the foyer. Prior to the arrival of the ambulance, a male who identified himself as the owner attempted to remove the injured and unconscious female from the doorway. The officers had to stop the male from interfering, and ordered him to leave the area. The injured female regained consciousness while being treated by ambulance personnel. She stated that she drank too much, and passed out before falling. She also stated that she had been at the establishment for about an hour, and had more than four drinks. She identified herself as Christine Towers, 25. Ms. Towers was transported to Lowell General Hospital, Saints Campus, via ambulance for medical treatment. Lt. Hodgdon and Officer Santiago recognized Ms. Towers, as they had given her directions to the Mill City Ballroom earlier in the evening. Both officers stated that she was not intoxicated when they spoke with her earlier. Joel Asadoorian stated to the Commission he believed that she [Christine Towers] was on something else; we tried to help her, tried to call a cab. Lt. Hodgdon stated that he talked to her on the Market Street. Captain Webb stated that in trying to contact Ms. Towers assumed she would be here. Chairman Descoteaux questioned Lt. Hodgdon about the time of night when he spoke to Ms. Towers; Lt. Hodgdon stated after midnight. Commissioner Krieger questioned Mr. Asadoorian about over-serving an intoxicated person, and about the time an incident report was filed. Mr. Asadoorian stated he filed an incident report with the License Commission office more than 48 hours after the time of Ms. Towers fall at Mill City Ballroom [report filed 9-22-2015]. Commissioner Krieger stated he was bothered that it was an assault and battery incident. Officer Boutselis answered questions from the Commission; he stated that he did not see [Ms. Towers] in the foyer, the doorman for Mill City Ballroom stated she was face down; EMT cleared her airway, and stayed with her. Officer Boutselis stated [Mr. Asadoorian] attempted to move her out of the foyer, he didn’t call the police. Officer Boutselis stated Ms. Towers received a broken License Commission minutes for October 8, 2015 page 7 of 10 tooth [from the fall], and had at least four drinks [at Mill City Ballroom]. Chairman Descoteaux questioned Mr. Asadoorian about the incident. Mr. Asadoorian stated she was trying to grab other people’s drinks; every bartender was instructed not to serve her. Mr. Asadoorian stated he didn’t believe she had been served. Chairman Descoteaux questioned Officer Boutselis. Officer Boutselis stated she was quite intoxicated. Chairman Descoteaux stated that [Officer Boutselis] has had thirty years of experience. Mr. Asadoorian stated that she was escorted out; she asked “can I wait for a cab.” Commissioner Krieger questioned Mr. Asadoorian about a lawyer. Mr. Asadoorian stated he did not have a lawyer. Asst. Solicitor Veloso stated he would like to make a few points; the testimony of the officers as witnesses would deem [Mr. Asadoorian] account not credible; if true, there is serious disregard for not having contacted the police or to refuse to serve her; if true that she was escorted out of Mill City Ballroom, she was then let back in after closing hours; at the entrance, there is a long staircase [to the third floor premises], a great concern to allow her to re-enter the establishment inebriated, not to have contacted the authorities . . . what if she fell down the staircase, a possible fatality, if true, a clear violation, [Mr. Asadoorian testimony] not credible. Chairman Descoteaux questioned Mr. Asadoorian how many patrons; Mr. Asadoorian stated 150 patrons. Commissioner Krieger questioned if he closes at 2:00 a.m.; Mr. Asadoorian stated everyone is out at 1:35 a.m., and stop serving at 1:25 a.m. to 1:30 a.m. Chairman Descoteaux questioned Officer Boutselis about drugs in the club. Officer Boutselis stated [Ms. Towers] stunk of alcohol, an unconscious person with physical head injury; told [Mr. Asadoorian] to go upstairs because he was interfering; she was unconscious until treated by EMTs, became somewhat conscious. Chairman Descoteaux questioned Mr. Asadoorian about over serving Ms. Towers. Commissioner Krieger made the motion because of violation of law and regulations by Mill City Ballroom on September 13, 2015 to suspend the license for two (2) days. Commissioner Hogan amended the motion for three (3) days suspension, one (1) day to be held in abeyance for one (1) year, and the licensee to serve a two (2) days suspension November 5 and 6, 2015; motion second by Commissioner Krieger, so voted. The Commission reviewed the communications from William M. Taylor, Superintendent of Police, regarding allegation of misconduct for violation of law and/or regulation; the Commission then voted to License Commission minutes for October 8, 2015 page 8 of 10 schedule hearings for Thursday, October 22, 2015 at 6:30 p.m. to be held in the Council Chamber for the following licensees: Centralville Social Club, David W. Burns, Manager, all alcoholic beverages club licensee at 364 West Sixth St., for failure to maintain order and decorum in the premises, in all immediately surrounding areas adjacent to the licensed premises, and in parking lot provided for the licensee for use by its patrons, in violation of section 1.16 of the Regulations of the Lowell License Commission on September 6, 2015. Amal Fuel, Inc., d/b/a Drum Hill Gulf, Richard Elkhoury, Manager, malt beverages & wines only package store licensee at 1299 Westford 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 September 11, 2015 [Lowell Police compliance check]. Lowell Package Store, Inc., Sunnak Tell, Manager, all alcoholic beverages package store licensee at 303- 305 Westford 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 September 11, 2015 [Lowell Police compliance check]. Sean Gannem, d/b/a 7-Eleven Store 2466-33097A, malt beverages & wines only package store licensee at 55 Chelmsford 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 September 11, 2015 [Lowell Police compliance check]. L & M Liquors, Inc., Leonia Mendonca, Manager, all alcoholic beverages package store licensee at 424 Chelmsford 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 September 19, 2015 [Lowell Police compliance check]. Due to the absence of Tracy Martino, the Commission did not take a vote on the application for special one-day license to sell/dispense malt beverages & wines only, or either one by Tracy Martino of Aramark, at University Crossing, Maloney Ballroom, 220 Pawtucket St., for Difference Maker Student & Alumni Reception, Wednesday, October 21, 2015, 5:00 p.m. to 10:00 p.m. There was no vote to ratify the License Commission minutes for October 8, 2015 page 9 of 10 issuance of a special one-day license to sell/dispense malt beverages & wines only, or either one, on October 5, 2015 to Tracy Martino of Aramark, for the Boston Tooling Networking Event at 110 Canal Street, Tuesday, October 6, 2015, 3:00 p.m. to 8:00 p.m. The Commission voted to adjourn the meeting at 8:00 p.m. on a motion by Commissioner Hogan, second by Commissioner Krieger. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for October 8, 2015 page 10 of 10