License Commission

Minutes for Lowell License Commission meeting, Thursday, October 22, 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 Nancy McGovern and Terry McCarthy; and Captain Jack Webb of the Lowell Police Department; Elliott Veloso, Asst. City Solicitor. Absent: Commissioners Cliff Krieger, Kristen Hogan. The Commission approved the minutes for meeting October 8, 2015 on the motion by Commissioner McGovern, second by Commissioner McCarthy. The Commission reviewed the application for special one-day license to sell/dispense all alcohol beverages by Isabel Chavez of the Holy Ghost Society, at Holy Ghost Park, 65 Village Street, for a Halloween Party, Saturday, October 24, 2015 from 5:00 p.m. to 12:00 a.m. Isabel Chavez was present. Chairman Descoteaux questioned Ms. Chavez about the storage of the alcohol beverages. Ms. Chavez stated in the bar foyer. Chairman Descoteaux stated the alcohol beverages are to be discarded on Monday; requested Captain Webb to follow-up on the matter on Monday. The Commission voted to approve the license for Isabel Chavez on the motion by Commissioner McGovern, second by Commissioner McCarthy. The Commission reviewed for ratification the issuance of special one-day licenses to sell/dispense malt beverages & wines only, or either one, 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. Issued October 5, 2015. Tracy Martino of Aramark, for Difference Maker Student & Alumni Reception, Wednesday, October 21, 2015, 5:00 p.m. to 10:00 p.m., at University Crossing, Maloney Ballroom, 220 Pawtucket St. Issued October 9, 2015. William H. Fuller of The Bartending Service of New England, LLC, for the Annual Dinner Meeting for Northern Middlesex Council of Governments, Wednesday, October 21, 2015, 6:00 p.m. to 9:00 p.m., at the Whistler House Museum of Art, 243 Worthen St. Issued October 9, 2015. License Commission minutes for October 22, 2015 page 1 of 10 The Commission voted to ratify the issuance of licenses on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed applications for special one-day license to sell/dispense malt beverages & wines only, or either one, by Tracy Martino of Aramark for the events: Allen House, 2 Solomont Way, Fado Reception, Friday, October 23, 2015, 3:00 p.m. to 9:30 p.m. Cushing Field - Complex, 261 Riverside St., tent, barricade, police presence, Field Hockey and Women’s Soccer Reunion, Sunday, October 25, 2015, 1:00 p.m. to 5:00 p.m. University Crossing, Maloney Ballroom, 220 Pawtucket St., Alumni Event, Thursday, November 5, 2015, 5:00 p.m. to 9:00 p.m. University Crossing, Maloney Ballroom, 220 Pawtucket St., Psychology Department Holiday Party, Thursday, December 3, 2015, 4:30 p.m. to 7:30 p.m. Allen House, 2 Solomont Way, Athletics Holiday Party, Wednesday, December 16, 2015, 2:30 p.m. to 6:30 p.m. Tracy Martino was present. The Commission voted to approve the licenses for Tracy Martino on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed applications for special one-day license to sell/dispense malt beverages & wines only, or either one, by Jim Lichoulas for events at Mill No. 5, 250 Jackson St., 4th floor: Friends of Mill No. 5 Halloween Gathering, Saturday, October 31, 2015, 5:00 p.m. to 12:00 midnight; Little Big Foot Marketplace, Saturday, November 7, 2015, 12:00 noon to 12:00 midnight; Plaid Friday Shopping, Friday, November 27, 2015, 12:00 noon to 11:00 p.m.; Totally Bazaar III, Saturday, December 5, 2015, 12:00 noon to 12:00 midnight; Otherwhere Market, Saturday, December 12, 2015, 12:00 noon to 12:00 midnight; Last Minute Holiday Shopping, Wednesday, December 23, 2015, 5:00 p.m. to 12:00 midnight. Jim Lichoulas was present. Chairman Descoteaux questioned Mr. Lichoulas about the site for the beer/wine concession. Mr. Lichoulas stated the site will be the lobby space of the 4th floor, and confirmed License Commission minutes for October 22, 2015 page 2 of 10 the theatre would not be accessible. The Commission voted to approve the licenses for Jim Lichoulas on the motion by Commissioner McCarthy, second by Commissioner McGovern. The Commission reviewed applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one, by Gabby Davis - Made in Lowell, for the Craft Beer Walk Lowell on Saturday, November 14, 2015, 4:00 p.m. to 7:00 p.m. The following locations are the venues for the Craft Beer Walk Lowell: Sweet Lydia's 160 Merrimack St. Persona Boutique 51 Market St. Owl Stamp Company 142 Middle St. Mill City Tobacco 104 Merrimack St. LTC 246 Market St. Lowell Makes 47 Lee St. Lowell Jewelry and Loan 24 Merrimack St. Little Delights 132 Merrimack St. Ayer Lofts 172 Middle St. AWOL 110 Merrimack St. The Flower Mill 183 Dutton St. City Bicycle 181 Market St. Eyeful Beauty 33 Middle St. Gentlemen's District 23 Central St. Humanity Boutique 128 Merrimack St. ALL Art Gallery 307 Market St. Ms. Davis filed an application for each venue. Ms. Davis was present. Chairman Descoteaux questioned Ms. Davis about the manner in which the event is to be conducted. Ms. Davis explained the issuance of a yellow wrist band to individuals confirmed to be of legal age to buy and consume alcohol beverages. A fee of $25.00 would be charged for the wrist band, issued at a designated site, to be worn while visiting License Commission minutes for October 22, 2015 page 3 of 10 the sixteen (16) venues. Each venue would offer a sample of several craft beers; food and non-alcoholic beverages would be available at each venue. The Commission discussed the presence of Lowell police in close proximity to venues. Ms. Davis stated Made in Lowell was in contact with Henri Marchand, Special Events Coordinator. Commissioner McGovern made the motion to continue the matter of the applications by Gabby Davis – Made in Lowell to the meeting of November 5, 2015 in order to allow the event organizers to meet with Lowell police to discuss public safety for the event, second by Commissioner McCarthy, so voted. The Commission opened the hearing for Centralville Social Club, David W. Burns, Manager, all alcoholic beverages club licensee at 364 West Sixth St. on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, 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. David Burns was present. Officer John T. Spinney of the Lowell Police department was present. Mr. Burns waived the reading of the complaint. Mr. Burns stated that the night of September 6, 2015 while in New Hampshire he received a call from an employee of the club of the incident outside the club; club staff had called the police; there was a baby shower at the club. Mr. Burns stated that someone had gone to the club parking lot, had a gun; in twenty-nine years I’ve not had to come before [the Commission] for an incident. Chairman Descoteaux questioned Mr. Burns about club staff that worked the night of September 6th. Mr. Burns stated there were one staff person upstairs and one staff person downstairs. Chairman Descoteaux questioned the number of patrons at the club. Mr. Burns did not have the number of patrons. Officer Spinney addressed the Commission when questioned by Chairman Descoteaux. Officer Spinney stated there was a large crowd outside, one [gun] shot fired, a count of 40 people in the parking lot. Officer Spinney stated that once the crowd dispersed, the investigation started, bullet casings were recovered in the parking lot. Chairman Descoteaux questioned Captain Webb about the policing in the area of the Centralville Social Club. Captain Webb addressed the matter. Commissioner McCarthy asked about hiring extra detail. Mr. Burns stated we have a door-man; if License Commission minutes for October 22, 2015 page 4 of 10 there are more than 50 people expected for a function, there is a request for a detail police officer. Captain Webb noted the club has a good record, not a trouble spot, but the Superintendent questions if there has been an exception in the type of functions as a business practice. Mr. Burns stated the business has changed. Chairman Descoteaux stated the incident is an eye-opener for the club. Mr. Burns stated he has a plan to present at events. When questioned by Commissioner McCarthy about having hired detail police, Mr. Burns stated we have had details before, depending upon the number of [guests] anticipated for an event. Chairman Descoteaux made the motion to place the Superintendent’s letter on file, second Commissioner McCarthy, so voted. The Commission opened the hearing for Lowell Package Store, Inc., Sunnak Tell, Manager, all alcoholic beverages package store licensee at 303-305 Westford 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 11, 2015 [Lowell Police compliance check]. Sunnak Tell and Syno Tell were present. Sunnak Tell agreed to the reading of the complaint when asked by Chairman Descoteaux. Captain Webb read the Superintendent’s letter to the Commission dated September 21, 2015: On Friday, September 11, 2015, detectives assigned to the Special Investigations Section under the command of Sergeant Noone were conducting compliance checks of licensed establishments. The detectives were assisted by a twenty year old male while conducting these checks. At 6:55 PM the twenty year old entered the Lowell Package Store at 305 Westford St. and purchased a six pack of Bud Light beer from a male clerk without being asked for identification. Sergeant Noone and Detective Burd subsequently entered the store and identified the clerk as Syno Tell, the son of the owner. Mr. Tell was informed of the violation. Chairman Descoteaux asked Sergeant Noone about the store; Sgt. Noone responded, stating that the store is pretty well run. Sunnak Tell responded to Chairman Descoteaux about the store by stating that employees received training five years ago. Syno Tell offered the explanation that fatigue caused by working extra hours may have contributed to not having asked for identification at the time. License Commission minutes for October 22, 2015 page 5 of 10 Commissioner McCarthy made the motion to place the Superintendent’s letter on file, second Commissioner McGovern, so voted. The Commission opened the hearing for Sean Gannem, d/b/a 7-Eleven Store 2466-33097A, malt beverages & wines only package store licensee at 55 Chelmsford 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 11, 2015 [Lowell Police compliance check]. Sean Gannem was present. Paula Mangiacotti, store employee, was present. Mr. Gannem waived the reading of the complaint when asked by Chairman Descoteaux. Ms. Mangiacotti stated that she was training a new store employee, and was distracted at the time; a complete oversite. Commissioner McGovern asked about her training for the retail sale of alcohol beverages. Ms. Mangiacotti stated she has not received certified training but that which is offered “in-house” at the store. Chairman Descoteaux addressed the matter of the recent complaint as being the third time in five years. Mr. Gannem stated we talk about training at the store all the time, we keep training. Chairman Descoteaux noted the analogy of three strikes. Chairman Descoteaux made the motion to suspend the retail package store license for two days, and to place one day in abeyance for one year [October 22, 2015], the licensee is to serve a one day suspension on Thursday, November 5, 2015 from 8:00 a.m. to 11:00 p.m., second by Commissioner McGovern, so voted. Chairman Descoteaux warned Mr. Gannem [Commission] to revoke the license next time. The Commission continued the hearing to November 5, 2015 for Amal Fuel, Inc., d/b/a Drum Hill Gulf, Richard Elkhoury, Manager, malt beverages & wines only package store licensee at 1299 Westford 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 11, 2015 [Lowell Police compliance check]. Richard Elkhoury, the manager of record for Amal Fuel, Inc. was absent. The Commission opened the hearing for L & M Liquors, Inc., Leonia Mendonca, Manager, all alcoholic beverages package store licensee at 424 Chelmsford St. on the allegation of misconduct as charged by License Commission minutes for October 22, 2015 page 6 of 10 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 19, 2015 [Lowell Police compliance check]. Leonia Mendonca was present. Mrs. Mendonca waived the reading of the complaint when asked by Chairman Descoteaux. Mrs. Mendonca did not contest the complaint filed against L & M Liquors. Detective David Lavoie of the Lowell Police Department was present. Detective Lavoie stated that when he entered the store to speak to the sales clerk about selling a six-pack of beer to the minor without having asked for identification, the clerk’s attitude towards the police was less than cooperative. Chairman Descoteaux questioned Mrs. Mendonca about the remedies she has taken to improve employee training. Mrs. Mendonca stated [I] did what was asked. Chairman Descoteaux stated that this is the fifth complaint in three years. Commissioner McGovern made the motion to amend the finding of the License Commission on June 11, 2015, to wit, to add a day of suspension from five days to six days, and to hold in abeyance four days of said suspension for one year, the licensee is to serve a two days suspension on Wednesday, November 11, and Thursday, November 12, 2015 from 8:00 a.m. to 11:00 p.m., each day, second by Commissioner McCarthy, so voted. 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 License Commission minutes for October 22, 2015 page 7 of 10  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. The following individuals were present: Joel Asadoorian, manager and corporate officer of Mill City Ballroom, Inc., Daniel Lucas, corporate officer of Mill City Ballroom, Inc., Officer Michael C. Bouvier of the Lowell Police department, and Detective Sheryl Ann Mercier of the Family Service Unit of the Lowell Police department. Joel Asadoorian waived the reading of the Superintendent’s letter of misconduct alleged against the licensee Mill City Ballroom, Inc. Mr. Asadoorian filed affidavits signed by the following individuals: Julian Olivera, Daniel Lucas, Joy Asadoorian, Joel Asadoorian, Jennette Souza, and Jan Mistrik. Detective Sheryl Mercier addressed the Commission. Detective Mercier stated that she spoke to the victim, Kerrie Miller. Captain Webb stated that there are charges pending for assault and battery. Officer Bouvier stated his years of experience as a police officer when asked by Chairman Descoteaux. Officer Bouvier commented about the victim when speaking with him as very emotional. Assistant Solicitor Veloso stated that the affidavits filed by Mr. Asadoorian are under oath, and if a false statement has been made would be cause for a charge of perjury, made by the District Attorney Office. Solicitor Veloso stated that the License Commission is a quasi-judicial entity which can act on its’ own; the District Attorney can proceed next week in the court. Commissioner McCarthy questioned Mr. Asadoorian. Mr. Asadoorian stated there was no problem to report; the [nightclub] closed between 1:30 a.m. to 1:50 a.m., the [victim] arrived at the police station three (3) hours later; she had access to alcohol beverages, but Mr. Asadoorian stated he had no knowledge of this. Daniel Lucas addressed the Commission; he stated that at 9:30 p.m. he had a conversation with Kerrie Miller, it was Folk Festival weekend, and we would have had her on [if busy]. Mr. Asadoorian and Mr. Lucas explained the situation of Kerrie Miller having helped out before, that she had access to the establishment, and that the second floor office is where Mr. Lucas and Ms. Miller had their meeting. Asst. Solicitor Veloso stated there are two violations here: failure to notify Lowell Police Department within 48 hours of an incident, and 204 CMR 2.05(2) No licensee shall permit License Commission minutes for October 22, 2015 page 8 of 10 any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises, if the Commission is to accept [management’s] own account of what happened in the office. The Commission was advised by the Executive Secretary that the second floor office is not part of the licensed premises of Mill City Ballroom. Chairman Descoteaux and Asst. Solicitor Veloso discussed the matter of the licensee not having authorization to be on the second floor. The Commission gave consideration to the testimony of Officer Bouvier that Ms. Miller was believed to have been drinking at Mill City Ballroom, and that the licensee has had prior violations in recent months. The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to find Mill City Ballroom, Inc. in violation 204 CMR 4.03(1)(a) Delivering free drinks to any person on July 24-25, 2015, vote ayes: Chairman Descoteaux, Commissioner McCarthy; no: Commissioner McGovern. The Commission voted to suspend the all alcoholic beverages restaurant license granted and issued to Mill City Ballroom, Inc. for premises at 74 Merrimack Street, third floor, for 2015 for three (3) days, and to hold two (2) days in abeyance for one (1) year [October 22, 2016], and the licensee is to close the premises for one (1) day on Thursday, November 12, 2015. The Commission reviewed the following communications from William M. Taylor, Superintendent of Police, re: allegation of misconduct for violation of law and/or regulation by the following licensees: (a) SAPT LLC, d/b/a Lowell Liquors, Sachin Patel, Mgr., all alcoholic beverages package store licensee at 638 Rogers 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 24, 2015 [Lowell Police compliance check]. (b) Bhumi Liquors, Inc., d/b/a Pacific Liquors, Ila Bhagat, Mgr., all alcoholic beverages package goods store licensee at 421 Central 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 25, 2015 [Lowell Police compliance check]. (c) Excel Package Store, Inc., John N. Tavoularis, Mgr., all alcoholic beverages package store licensee at 611-613 Merrimack St. for violation of MGL chapter 138, section 34 for the illegal License Commission minutes for October 22, 2015 page 9 of 10  retail sale of alcohol beverages to a person under the age of 21 years on September 25, 2015 [Lowell Police compliance check]. License Commission voted to schedule a hearing for Thursday, November 5, 2015 at 6:30 p.m. for each licensee – SAPT LLC, d/b/a Lowell Liquors, Bhumi Liquors, Inc., d/b/a Pacific Liquors, and Excel Package Store, Inc. The Commission voted to adjourn the meeting at 8:10 p.m. on a motion by Commissioner McGovern, second by Commissioner McCarthy. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for October 22, 2015 page 10 of 10