License Commission

1 Minutes for Lowell License Commission meeting, Thursday, November 19, 2015 at 6:30 p.m., City 2 Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852 3 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Nancy McGovern; 4 and Captain Jack Webb of the Lowell Police Department. 5 Absent: Commissioners Kristen Hogan, Terry McCarthy. 6 The Commission approved the minutes for meeting November 5, 2015 on the motion by Commissioner 7 Krieger, second by Commissioner McGovern. 8 The Commission opened the public hearing on the application for an all alcoholic beverages Restaurant 9 license by Tavern In The Square Lowell LLC, d/b/a Tavern in the Square, Giuseppe Arcari, LLC 10 Manager, for premises at Cross Point, 900 Chelmsford Street, six egresses; first floor: bar area, bar dining 11 area, three dining areas, three outdoor patio dining areas; kitchen, and alcohol beverage storage; total 12 square feet 11,008. It is requested that Stephen DeSousa of Medford, MA be approved as manager of 13 record for Tavern In The Square Lowell LLC. Tavern In The Square Lowell LLC has filed application for 14 license for common victualler for premises at 900 Chelmsford St. The following individuals were present: 15 Stephen DeSousa, and Atty. Karen Simao, Partner, McDermott, Quilty & Miller LLP, legal counsel for 16 Tavern In The Square Lowell LLC. Attorney Simao stated that the applicant recognized that there is 17 significant number of employees in the area, and that the [CP Associates, LLC, landlord] had approached 18 the owners of Tavern In The Square to open a second location on property owned by the [landlord]. 19 Chairman Descoteaux stated he had visited the site recently, noticing the construction underway; it will 20 help the area. Chairman Descoteaux asked about parking being available. Mr. DeSousa stated there will 21 be parking for patrons in the back; the restaurant will be a little more upscale. Chairman Descoteaux 22 asked Captain Webb if there was any concern by the Lowell Police Department. Captain Webb stated 23 there is no problem. Commissioner Krieger asked about occupancy for the restaurant. Attorney Simao 24 stated the total number of seats to be available will be subject to the City’s Building Department. Mr. 25 DeSousa stated a spring [2016] opening is anticipated. Chairman Descoteaux opened the hearing for 26 public comment, requesting to hear from anyone who wished to speak in favor of the application. Andrew License Commission minutes for November 19, 2015 page 1 of 4 1 J. Maher, representing the landlord, appeared before the Commission and spoke about the landlord would 2 like to add to the amenities available to Cross Point tenants. There was no one else to speak in favor, so 3 that portion of the meeting was closed. Chairman Descoteaux opened the hearing to anyone who wished 4 to speak in opposition to the application. There was no one to speak in opposition; that portion of the 5 hearing was closed. The Commission reviewed the affidavit of mailing notices to abutters filed by the 6 applicant’s legal counsel. The affidavit was placed on file. The Commission, on the motion by 7 Commissioner Krieger, second by Commissioner McGovern, voted to close the public hearing, and to 8 grant the all alcoholic beverages restaurant license, and license for common victualler to Tavern In The 9 Square Lowell LLC for premises at Cross Point, 900 Chelmsford Street. The Commission voted to 10 approve Stephen DeSousa as manager of record for Tavern In The Square Lowell LLC. 11 The Commission on the motion by Commissioner McGovern, second by Commissioner Krieger, voted to 12 ratify the licenses issued November 6, 2015 for special one-day license to sell/dispense malt beverages & 13 wines only, or either one, for the following: 14 185SP2015, Michael Glicksman of Merrimack Repertory Theatre, 132 Warren St., Lowell, Liberty Hall, 15 50 East Merrimack St., Angkor Dance Troupe Performances, Friday, November 6, 2015, 6:00 p.m. to 16 10:00 p.m. 17 186SP2015, Michael Glicksman of Merrimack Repertory Theatre, 132 Warren St., Lowell, Liberty Hall, 18 50 East Merrimack St., Angkor Dance Troupe Performances, Saturday, November 7, 2015, 6:00 p.m. to 19 10:00 p.m. 20 187SP2015, Michael Glicksman of Merrimack Repertory Theatre, 132 Warren St., Lowell, Liberty Hall, 21 50 East Merrimack St., Angkor Dance Troupe Performances, Sunday, November 8, 2015, 2:00 p.m. to 22 6:00 p.m. Michael Glicksman was present. 23 The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & 24 wines only, or either one from the following individuals: 25 Michael Glicksman of Merrimack Repertory Theatre, at Liberty Hall, 50 East Merrimack St., Theatrical 26 Performances by the Merrimack Repertory Theatre, November 25, 27, 28, 29, December 2, 3, 4, 5, 6, 9, License Commission minutes for November 19, 2015 page 2 of 4 1 10, 11, 12, 13, 16, 17, 18, 19, 20 - 2015 [19 dates]., concession sales/service for forty-five (45) minutes 2 prior to performance. Michael Glicksman was present. 3 Thomas Fiorelli, 172 Middle St., # 111, Lowell, Ayer Lofts Gallery, 172 Middle Street, Art Show, Friday, 4 December 4, 2015, 6:00 p.m. to 8:00 p.m. Thomas Fiorelli was present. 5 Clare C. Gunther, 161 Jackson St., Lowell, 161 Jackson St., 6th floor, Mixer to support Lowell 6 Community Health Center, Thursday, December 10, 2015, 5:30 p.m. to 8:00 p.m. Clare Gunther was 7 present. 8 The Executive Secretary stated to the Commission that Thomas Fiorelli wished to amend his application 9 to dispense wines only at an art gallery. Mr. Fiorelli confirmed that he had no intention of selling wine, 10 but that wine would be available during the art show. 11 The Commission, on the motion by Commissioner McGovern, second by Commissioner Krieger, voted to 12 approve the applications by Michael Glicksman, Thomas Fiorelli as amended, and Clare C. Gunther. 13 The Commission reviewed the application for special one-day license to sell/dispense all alcoholic 14 beverages by Nicole P. Sharpe of Lowell Catholic High School, 530 Stevens St., Lowell, Lowell Catholic 15 High School, 530 Stevens Street, Alumni Christmas Party, Friday, December 4, 2015, 7:00 p.m. to 9:00 16 p.m. Nicole Sharpe was present. The Commission voted to approve the application by Nicole Sharpe on 17 the motion by Commissioner Krieger, second by Commissioner McGovern. 18 The Commission reviewed the application by Gervais Imports, Inc., Richard Gervais, President, used car 19 Agent, Class I, # 203-A, licensee for sale of second hand motor vehicles, premises at 6 Industrial Ave., 20 for change of corporate officers and directors, and additionally, as a recognized agent of Volkswagen of 21 America, Inc.; termination as a recognized agent of American Suzuki Motor Corporation. Peter Gervais, 22 Vice President of Gervais Imports, Inc. was present. Atty. Philip Nyman, legal counsel for the applicant 23 was present. Chairman Descoteaux requested an explanation of the layout plan of the lot at 6A Industrial 24 Ave. filed with the application. Mr. Gervais and Attorney Nyman explained the plan; there will be two 25 manufacturers represented on site Volkswagen and KIA. The Commission, on the motion by 26 Commissioner Krieger, second by Commissioner McGovern, voted to approve new officers, directors for License Commission minutes for November 19, 2015 page 3 of 4 1 Gervais Imports, Inc., and the amendment to manufacturers to be represented, i.e. Volkswagen of 2 America, Inc., and KIA Motors America, Inc. 3 The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated 4 October 30, 2015, regarding allegations of misconduct on October 25, 2015 that are charged against 5 Vannak Kann, d/b/a The Crown, all alcoholic beverages restaurant licensee at 74 Middlesex St., to wit: 6 (a) delivering alcoholic beverages to an intoxicated person, M.G.L. c.138, s.69; (b) failure to maintain 7 order and decorum in the premises, and in the immediately surrounding areas adjacent to the premises, 8 Regulation 1.16 of the Regulations of the Lowell License Commission; (c) failure to notify the Lowell 9 License Commission and the Lowell Police Department of a police response to the licensed premises 10 within 48 hours, Regulation 1.16 of the Regulations of the Lowell License Commission; (d) A.B.C.C. 11 regulation 204 CMR 2.05 (2) No licensee for the sale of alcoholic beverages shall permit any disorder, 12 disturbance, or illegality of any kind to take place in or on the licensed premises. The licensee shall be 13 responsible therefore, whether present or not. 14 The Commission voted on the motion by Chairman Descoteaux, second by Commissioner Krieger, to 15 schedule a hearing date for the licensee, Vannak Kann, d/b/a The Crown, for Thursday, December 3, 16 2015 at 6:30 p.m. to be held in the Council Chamber. 17 Commissioner Krieger made the motion for a review of minutes of an executive session held December 4, 18 2014 at the next meeting, scheduled for December 3, 2015, second by Chairman Descoteaux, so voted. 19 The Commission voted to adjourn the meeting at 6:50 p.m. on a motion by Commissioner McGovern, 20 second by Commissioner Krieger. 21 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for November 19, 2015 page 4 of 4