License Commission

Minutes for Lowell License Commission meeting, Thursday, November 5, 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; Hannah Pappenheim, Asst. City Solicitor. The Commission approved the minutes for meeting October 22, 2015 on the motion by Commissioner Krieger, second by Commissioner McCarthy. For License Commission ratification, special event permit: Frederick Smith, SmithFest Events, ambient Halloween sounds for Halloween 5K, Saturday, October 24, 2015, 6:00 p.m. to 9:00 p.m., @ Shedd Park. Frederick Smith was present. The Commission voted to ratify the issuance of the special event permit on the motion by Commissioner McCarthy, second by Commissioner McGovern. Event cancelled 10-30-2015 Malt Beverages & Wines only, or either one, 160SP2015, Jim Lichoulas, 250 Jackson St., 402, Lowell, 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, October 31, 2015 @ 12:00 mid., granted October 22, 2015 Event cancelled 10-30-2015 Malt Beverages & Wines only, or either one, 180SP2015, Jim Lichoulas, 250 Jackson St., 402, Lowell, Mill No. 5, 250 Jackson St., 4th floor, Little Big Foot Marketplace, Saturday, November 7, 2015, 12:00 noon to 12:00 midnight, November 7, 2015 @ 12:00 mid., granted October 22, 2015 Event cancelled 10-30-2015 Malt Beverages & Wines only, or either one, 181SP2015, Jim Lichoulas, 250 Jackson St., 402, Lowell, Mill No. 5, 250 Jackson St., 4th floor, Totally Bazaar III, Saturday, December 5, 2015, 12:00 noon to 12:00 midnight, December 5, 2015 @ 12:00 mid., granted October 22, 2015. The Commission on the motion by Commissioner Krieger, second by Commissioner McGovern, voted to cancel the licenses for Jim Lichoulas. License Commission minutes for November 5, 2015 page 1 of 6 The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one Marc Clermont, Western Ave. Studios, 122 Western Ave., Happily Never After Cabaret Show Charity Fundraiser, Friday, November 13, 2015, 7:00 p.m. to 12:00 midnight; Marc Clermont, Western Ave. Studios, 122 Western Ave., Happily Never After Cabaret Show Charity Fundraiser, Saturday, November 14, 2015, 7:00 p.m. to 12:00 midnight. Marc Clermont was present. The Commission on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve. Tabatha Garnett, Catering Manager, Aramark, for the Allen House, 2 Solomont Way, Navigators Harbor Master Event, Monday, November 16, 2015, 3:30 p.m. to 7:30 p.m. Tabatha Garnett was present. Ms. Garnett stated it is the first time application is in her name; the policy of Aramark to check an identification if person does not appear to be 40 years of age. The Commission, on the motion by Commissioner Krieger, second by Commissioner McGovern, voted to approve. The Commission reviewed applications continued from October 22, 2015 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. License Commission minutes for November 5, 2015 page 2 of 6  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. Gabby Davis was present. Ms. Davis presented the License Commission an oral review of the Made in Lowell Craft Beer Walk 2015 resume, outlining the check-in by staff of ticket holders, the presence of three detail police on Merrimack, Market, Middle Streets, and the crosswalk at Market and Dutton Sts. Commissioners Krieger, McGovern, and McCarthy questioned the logistics of the check-in stations, the supply of alcohol beverages to the sixteen venues. Ms. Davis stated the Made in Lowell staff, who will be serving the sample of alcohol beverages, are certified. Commissioner Krieger made the motion to approve the licenses for special one-day malt beverages and wines only, and that there be a license fee of $100.00 due to event being within a condensed location for a period of three hours. Commissioner McCarthy questioned the legal status of ‘Made in Lowell.’ Ms. Davis stated Made in Lowell is a non-profit organization. Chairman Descoteaux seconds the motion by Commissioner Krieger. Commissioner Hogan asked the Executive Secretary about the matter of the license fee. The Executive Secretary stated the license fee for Merrimack Repertory Theatre theatrical performances is $10.00 per date, suggesting a fee be pro-rated for each venue since License Commission has the authority to use discretion granting licenses for each venue, and on the fees for special one-day alcohol beverages licenses in accordance with Massachusetts General Law [c.138, s.14]. Chairman Descoteaux asked Assistant Solicitor Pappenheim about the license fee; Asst. Solicitor Pappenheim concurred with the matter of pro-rating the license fee for each venue. Commissioner Hogan made an amendment to Commissioner Krieger’s motion that each license be a fee of $10.00. Commissioner Krieger seconds the amendment. The Commission voted unanimously to grant each venue participating in the Made in Lowell Craft Beer Walk on November 14, License Commission minutes for November 5, 2015 page 3 of 6 2015 a special one-day license to sell/dispense malt beverages and wines only, or either one, and that each license be a fee of $10.00. The Commission opened the hearing 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 was present. Mr. Elkhoury waived reading of the complaint. Mr. Elkhoury stated he is sorry it happened; clerk is certified, and it will not happen again. Chairman Descoteaux cited two complaints in 2013; this is the third time in 2 ½ years. Chairman Descoteaux asked if the clerk is still employed. Mr. Elkhoury stated yes. Lowell Police Officer Jason Burd was present. Chairman Descoteaux asked Mr. Elkhoury about training. Mr. Elkhoury stated the clerk had 4-weeks in training, and worked about a week; was TIPS trained; and given in-house training; and will be re-certified. Commissioner Hogan made the motion to suspend the malt beverages and wines only package store license for 2-days, to place 1-day in abeyance, second by Commissioner Krieger. The suspension day will be Sunday, November 22, 2015; 1-year abeyance period is to commence Monday, November 23, 2015. The Commission voted unanimously to approve the motion. The Commission opened the hearing for SAPT LLC, d/b/a Lowell Liquors, Sachin Patel, Mgr., all alcoholic beverages package store licensee at 638 Rogers 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 24, 2015 [Lowell Police compliance check]. Sachin Patel was present. Mr. Patel stated it is the first violation; the licensee has had the business since July 2013. Lowell Police Detective David Lally was present; he stated the licensee was very cooperative. The Commission voted on the motion by Chairman Descoteaux, second by Commissioner McCarthy, to place the complaint on file. The Commission opened the hearing for Bhumi Liquors, Inc., d/b/a Pacific Liquors, Ila Bhagat, Mgr., all alcoholic beverages package goods store licensee at 421 Central St., on the allegation of misconduct as License Commission minutes for November 5, 2015 page 4 of 6 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 25, 2015 [Lowell Police compliance check]. Ila Bhagat, Vimal Patel, and Attorney Larry Beane, legal counsel for Bhumi Liquors, were present. Attorney Beane explained the circumstances when father and son were working in the store; father [Vimal] had to leave counter, and thought son would have asked for the identification. The policy of the store management is to card everyone; there is a machine to read the validity of licenses. Attorney Beane requested of the Commission understanding for his client. Chairman Descoteaux cites second violation since 2014, and motion’s 2-days suspension, 1-day to be held in abeyance, and 1-day suspension to serve Monday, November 23, 2015, 1-year abeyance period to commence Tuesday, November 24, 2015, second Commissioner McCarthy. The Commission voted unanimously to approve the motion. The Commission opened the hearing for Excel Package Store, Inc., John N. Tavoularis, Mgr., all alcoholic beverages package store licensee at 611-613 Merrimack 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 25, 2015 [Lowell Police compliance check]. John Tavoularis and Judy Mendonca were present. Mr. Tavoularis explained Ms. Mendonca experience of twelve years working in licensed establishments. She is very good at what she does said Mr. Tavoularis. Captain Webb stated there is no problem with the business. The Commission voted on the motion by Chairman Descoteaux, second Commissioner McCarthy, to place on file. The Commission reviewed the application filed for an all alcoholic beverages restaurant license by Tavern In The Square Lowell LLC, d/b/a Tavern in the Square, Giuseppe Arcari, LLC Manager, for premises at Cross Point, 900 Chelmsford Street, six egresses; first floor: bar area, bar dining area, three dining areas, three outdoor patio dining areas; kitchen, and alcohol beverage storage; total square feet 11,008. The Commission voted on the motion by Chairman Descoteaux, second by Commissioner Hogan, License Commission minutes for November 5, 2015 page 5 of 6 to ratify the publication of legal notice November 6, 2015, and for public hearing to be held November 19, 2015. The Commission voted to adjourn the meeting at 7:15 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 November 5, 2015 page 6 of 6