License Commission

1 Minutes for Lowell License Commission meeting, Thursday, December 17, 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, Kristen Hogan, 4 Nancy McGovern and Terry McCarthy; and Captain Jack Webb of the Lowell Police Department; Ken 5 Rossetti, 1st Assistant City Solicitor. 6 The Commission voted to continue the review of meeting minutes to January 14, 2016 on the motion by 7 Commissioner Krieger, second by Commissioner McCarthy. 8 The Commission voted on th emotion by Chairman Descoteaux, second by Commissioner Krieger, to 9 ratify the issuance of special one-day licenses December 3, 2015 to Isabel Chavez of the Holy Ghost 10 Society for all alcohol beverages, at Holy Ghost Park, 65 Village St., for fundraiser by the Holy Ghost 11 Society Saturday, December 5, 2015 from 5:00 p.m. to 2:00 a.m.; 12 December 9, 2015 to Tabatha Garnett of Aramark for malt beverages & wines only, or either one, at 13 University Crossing, 220 Pawtucket St., for College of Engineering Winter Reception Thursday, 14 December 10, 2015 from 4:00 p.m. to 8:00 p.m.; and to Tabatha Garnett of Aramark for malt beverages & 15 wines only, or either one, at McGauvran, 2nd floor, 71 Wilder St., for UML Holiday Party Thursday, 16 December 17, 2015 from 2:00 p.m. to 7:00 p.m. Isabel Chavez and Tabatha Garnett were present at the 17 meeting. 18 The Commission reviewed applications for special one-day license to sell/dispense all alcoholic 19 beverages from: 20 Gabby Davis – Made In Lowell for The Ball – New Year’s Eve Gala at Jeanne D ’Baptiste Church, 741 21 Merrimack Street Thursday, December 31, 2015 from 8:00 p.m. to 1:00 a.m. Gabby Davis was present. 22 Asst. Solicitor Rossetti presented a background report on the matter of advertisement promoting ticket 23 sales for The Ball – New Year’s Eve Gala at the website of Made In Lowell. Gabby Davis stated the 24 advertisement will change to read cash bar only, and that a refund for tickets purchased will be made. 25 There will be no free drinks offered at the event. Asst. Solicitor Rossetti addressed the matter of the site 26 of Jeanne D’ Baptiste Church regarding a temporary occupancy permit, and an outside heating system License Commission minutes for December 17, 2015 page 1 of 8 1 acceptable to Building and Fire inspectors. Tobias Marx stated there are two possibilities either tent 2 heaters or trailer units to be in place outside. Commissioner McCarthy questioned attendance for the event 3 and having the presence of a police detail. Mr. Marx stated an attendance approximately 200 to 250 4 people; Made In Lowell has budgeted for a police detail. Commissioner McGovern questioned the 5 available parking arrangements. Mr. Marx stated there is the nearby [Transfiguration Greek Orthodox] 6 Church parking lot that is available; a shuttle service would be provided. There are other parking options 7 to be considered. Chairman Descoteaux stated he echoes the comments of Commissioner McCarthy. A 8 discussion followed by Chairman Descoteaux, Commissioner McCarthy, and Asst. Solicitor Rossetti 9 about reasonable conditions for the special one-day license, i.e. a police detail presence, a fire detail 10 presence subject to the Building Commissioner consulting with the Fire Chief on the matter, a temporary 11 occupancy permit, and an approved auxiliary heating system. Chairman made the motion to grant the 12 special one-day all alcoholic beverages license to Gabby Davis of Made In Lowell for December 31, 2015 13 from 8:00 p.m. to 1:00 a.m., subject to the above conditions, second by Commissioner Krieger, so voted. 14 The application by Isabel Chavez of the Holy Ghost Society was reviewed for New Year’s Eve Party at 15 Holy Ghost Park, 65 Village Street, Thursday, December 31, 2015 from 5:00 p.m. to 2:00 a.m. Isabel 16 Chavez was present. Chairman Descoteaux thanked Ms. Chavez for the list from the ABCC licensees 17 who distribute alcohol beverages; requested that the list be available to the License Commission after the 18 New Year’s Eve event. The Commission voted to approve the license for Isabel Chavez on the motion by 19 Commissioner Krieger, second by Commissioner McCarthy. 20 The Commission reviewed the application for special one-day license to sell/dispense malt beverages & 21 wines only, or either one by Marta Rodrigues of the Portuguese American Lowell Youth Center for New 22 Year’s Party Fundraiser at 739 Central Street Thursday, December 31, 2015 from 7:00 p.m. to 1:00 a.m. 23 Marta Rodrigues was present. Ms. Rodrigues stated it is her first time applying for a license. The 24 Commission voted to approve the license for Marta Rodrigues on the motion by Commissioner 25 McCarthy, second by Commissioner Hogan. License Commission minutes for December 17, 2015 page 2 of 8 1 The Commission opened the public hearing on the application by Bearcamp Inc., Wendi Wilkins, 2 President, for the transfer of the malt beverages & wines only package store license from R & Z Company 3 LLC, d/b/a Tuttobene Wine & Cheese Cellars, Catherine Rourke, Manager of LLC, for premises at 58 4 Prescott St., Rear #3C, retail store, 1,156 sq. ft., entrance on east side of Claflin Block. It is requested that 5 Wendi Wilkins be approved as manager of record for Bearcamp, Inc. legal notice was published 6 December 4, 2015 in the Lowell Sun newspaper. The following individuals were present: Wendi Wilkins, 7 Jeffrey Wilkins, Catherine Rourke, Richard Rourke, and Atty. Ray Weicker of the law office Qua, Hall, 8 Harvey & Walsh, Chelmsford, Massachusetts. Atty. Weicker stated he was standing in for James A. Hall, 9 Esquire. Ms. Wilkins addressed the Commission, and stated her background experience working in the 10 retail business. She stated she has worked six months in the store. Mr. Rourke stated Ms. Wilkins work 11 experience at Tuttobene Wine & Cheese Cellars. There was no one present to speak against the license 12 transfer application. The hearing was declared closed, and on the motion by Commissioner McCarthy, 13 second by Commissioner Hogan, voted to approve the transfer of the malt beverages and wines only 14 package store license from R & Z Company LLC, d/b/a Tuttobene Wine & Cheese Cellars, to Bearcamp, 15 Inc. for premises at 58 Prescott Street, unit # 3C, for calendar year 2015, or calendar 2016, subject to 16 approval by the Alcoholic Beverages Control Commission. It was voted to approve Wendi Wilkins as 17 manager of record for Bearcamp, Inc. 18 The Commission reviewed the application by L’Aigle D’Or Inc., d/b/a Brunswick Zone, all alcoholic 19 beverages restaurant licensee at 645 Pawtucket Boulevard for change of manager to Beau J. Carter of 20 Lowell, MA. Beau Carter was present. Mr. Carter explained his work experience the past seven years; he 21 is TIPS certified. The Commission, on the motion by Commissioner Hogan, second by Commissioner 22 McGovern, voted to approve Beau J. Carter as manager of record for L’Aigle D’Or, Inc. 23 The Commission reviewed the application by 99 Restaurants of Boston, LLC all alcoholic beverages 24 restaurant licensee at 850 Chelmsford Street for change of manager to Craig Pariseau of Leominster, MA. 25 Craig Pariseau was present. Asst. Solicitor Rossetti recommended that the License Commission vote to 26 go into executive session to comply with, or act under the authority of, MGL Chapter 6 Section 172. License Commission minutes for December 17, 2015 page 3 of 8 1 There was a motion by Chairman Descoteaux, second by Commissioner Hogan, for a vote to recess 2 regular session and to go into executive session. The Executive Secretary polled each member of the 3 License Commission. There were five yeas’ to go to executive session in accordance with MGL Chapter 4 6 Section 172: Chairman Descoteaux voted yes, Commissioners Krieger, Hogan, McGovern, and 5 McCarthy voted yes. The vote was recorded at 7:03 p.m. The Executive Secretary announced the 6 Commission would return to regular session. At 7:18 p.m., members of the License Commission returned 7 to the Council Chamber. Chairman Descoteaux made the motion to return to regular session, second by 8 Commissioner Hogan, and the Executive Secretary polled each member - Chairman Descoteaux, 9 Commissioners Krieger, Hogan, McGovern, and McCarthy. All members voted in the affirmative. Mr. 10 Pariseau stated he has had fourteen years’ experience in management working for the “99,” eleven of the 11 years in the state of New York. The Commission, on the motion by Commissioner Hogan, second by 12 Commissioner McGovern, voted to approve Craig Pariseau as manager of record for 99 Restaurants of 13 Boston, LLC. 14 The Commission reviewed the application by Smith Kids, LLC, Philip Smith, Manager, for a second hand 15 motor vehicles license, class II, used car dealer, for premises at 1582 Middlesex Street, an open lot, 16 approximately 7,400 square feet and a two-story commercial office building. Phil Smith and Atty. Phil 17 Nyman, legal counsel for Smith Kids, LLC were present. Chairman Descoteaux requested to review the 18 plan of the premises at 1582 Middlesex St. Attorney Nyman stated the plan depicts the number of cars; a 19 special permit with conditions was approved by the Zoning Board of Appeals [October 26, 2015]. 20 Chairman Descoteaux stated there will be no cars or parking in front of the building. The Commission, on 21 the motion by Commissioner Hogan, second by Commissioner Krieger, voted to grant a second hand 22 motor vehicles license, Class II, used car Dealer, to Smith Kids, LLC, Philip Smith, Manager, for 23 premises at 1582 Middlesex Street. 24 Commissioner McGovern stated that she is recusing herself from the next agenda item as there may be 25 the appearance of a conflict of interest because of a prior business contact with the licensee Vannak Kann. License Commission minutes for December 17, 2015 page 4 of 8 1 The Commission opened the hearing for Vannak Kann, d/b/a The Crown, 74 Middlesex Street, all 2 alcoholic beverages restaurant licensee, regarding the allegations of misconduct on October 25, 2015 as 3 charged by William M. Taylor, Superintendent of Police, as follows: 4 (1) Delivering alcoholic beverages to an intoxicated person, M.G.L. c.138, s.69. 5 (2) Failure to maintain order and decorum in the premises and in the immediately surrounding areas 6 adjacent to the premises, Regulation 1.16 of the Regulations of the Lowell License Commission. 7 (3) Failure to notify the Lowell License Commission and the Lowell Police Department of a police 8 response to the licensed premises within 48 hours, Regulation 1.16 of the Regulations of the Lowell 9 License Commission. 10 (4) A.B.C.C. regulation 204 CMR 2.05 (2) No licensee for the sale of alcoholic beverages shall permit 11 any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises. The 12 licensee shall be responsible therefore, whether present or not. 13 The following individuals were present: Vannak Kann, Atty. Ray Weicker of the law office Qua, Hall, 14 Harvey & Walsh, Chelmsford, Massachusetts, legal counsel for Vannak Kann, Victor Berlus, a security 15 employee of Vannak Kann, Sergeant Michael Prescott and Officer Daniel Desmarais of the Lowell Police 16 Department on behalf of the Superintendent of Police. Attorney Weicker waived reading of the 17 Superintendent’s allegations of misconduct. Attorney Weicker stated that Mr. Kann had nothing to report; 18 there is no report that a patron was served when intoxicated, referencing the Supreme Judicial Court 19 ruling of a patron being visibly intoxicated at the time served. Outside The Crown, Attorney Weicker 20 stated the person who suckered punched an individual outside The Crown was held by Crown security 21 until police came across the street. Atty. Weicker stated ABCC 204 CMR 2.05 (2) is referencing 22 illegalities on the premises, and there is no outdoor area as part of the licensed premises; License 23 Commission regulation 1.16 is misplaced because nothing allegedly happened on the licensed premises, 24 Manager maintaining decorum, the area is exterior to the licensed premises citing Supreme Judicial Court 25 and the ABCC CMR, there was a brief altercation which is the basis for the violation, an individual 26 suckered punched, [assailant] was immediately grabbed by security, family members are agitated, License Commission minutes for December 17, 2015 page 5 of 8 1 security does not have law enforcement authority. Vannak Kann explained that he goes outside to clean- 2 up. Chairman Descoteaux asked Mr. Kann when is last call; Mr. Kann stated 1:30 a.m. Captain Webb 3 introduced Sergeant Prescott to the License Commission. Chairman Descoteaux questioned Sgt. Prescott. 4 Sgt. Prescott stated that at 1:00 a.m. he drove by The Crown and saw a pedestrian lying on the sidewalk, 5 stopped the police cruiser, spoke to Crown security standing by the female pedestrian who had been a 6 Crown patron. Sgt. Prescott asked if Trinity Ambulance was called, he was told they had not called; Sgt. 7 Prescott immediately called for Trinity ambulance. The Commission was told the patron had passed out, 8 and was treated by Trinity EMTs’ after they arrived in front of The Crown. Attorney Weicker questioned 9 Sgt. Prescott. Commissioner Krieger questioned Sgt. Prescott about the two incidents, the patron passed- 10 out, and the patron suckered punched. Officer Desmarais stated that he is stationed at the Early Parking 11 Garage Friday and Saturday nights at 1:30 a.m. Chairman Descoteaux and Commissioner Krieger 12 questioned Officer Desmarais. Officer Desmarais spoke of the suckered punched thrown, the level of 13 intoxication involves a small amount of people at 1:00 a.m.; Friday and Saturday nights fights occur after 14 people leave The Crown. Chairman Descoteaux questioned Mr. Kann if the servers are TIPS certified. 15 Mr. Kann stated yes. Attorney Weicker questioned Officer Desmarais. Commissioner Krieger questioned 16 Attorney Weicker was it not worthy of filing notification to the License Commission. Attorney Weicker 17 cites the regulation as the same as from the Town of Maynard, stating “on licensed premises.” Captain 18 Webb stated that several Lowell police officers are stationed in the area of The Crown at 2:00 a.m. in 19 order to avoid trouble; there are fights in the parking garage [involving] intoxicated people coming out of 20 The Crown; police department considers [The Crown] a problem establishment. Atty. Weicker stated 21 problems at the garage not related to The Crown. Commissioner McCarthy asked Captain Webb if police 22 are assigned to various [establishments]. Captain Webb confirmed that police assigned are to the larger 23 establishments. Commissioner Hogan asked if there is a police detail for The Crown. Atty. Weicker stated 24 we have a detail when available. Mr. Kann stated he calls every Monday requesting a police detail. Atty. 25 Weicker requested that the License Commission place the Superintendent’s letter on file. Atty. Weicker 26 stated insurance does not include outside the premises, [security] would be going at their own risk to License Commission minutes for December 17, 2015 page 6 of 8 1 disperse crowd. Chairman Descoteaux stated it happened that an intoxicated person had been served, 2 serious problem at 1:00 a.m., patron passed out; numbers 2, 3, and 4 of the complaint can be placed on 3 file. The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, 4 voted as follows: 5 To find the licensee, Vannak Kann, d/b/a The Crown, license # 063000293, in violation of Massachusetts 6 General Law chapter 138, section 69, to wit – delivering alcoholic beverages to an intoxicated person on 7 October 25, 2015; to suspend the all alcoholic beverages restaurant license for two (2) days; the first day 8 of suspension to be served on Friday, January 15, 2016; the second day of suspension to be served on 9 Friday, January 22, 2016. Furthermore, the two days to be served are two (2) of the three (3) days 10 suspension held in abeyance in the decision of the License Commission on May 7, 2015. The third day 11 will remain in abeyance until May 7, 2016. The Lowell License Commission also voted to suspend the all 12 alcoholic beverages restaurant license for three (3) days to be held in abeyance until December 31, 2016. 13 Furthermore, to place on file the allegations of misconduct charging violations of the following on 14 October 25, 2015: 15 (2) Failure to maintain order and decorum in the premises, and in the immediately surrounding areas 16 adjacent to the premises, Regulation 1.16 of the Regulations of the Lowell License Commission. 17 (3) Failure to notify the Lowell License Commission and the Lowell Police Department of a police 18 response to the licensed premises within 48 hours, Regulation 1.16 of the Regulations of the Lowell 19 License Commission. 20 (4) A.B.C.C. regulation 204 CMR 2.05 (2) No licensee for the sale of alcoholic beverages shall permit 21 any disorder, disturbance, or illegality of any kind to take place in or on the licensed premises. The 22 licensee shall be responsible therefore, whether present or not. 23 The Commission reviewed the application by Akshar Sales Corporation, d/b/a Chuck’s Variety, Himansu 24 Patel, President, for a malt beverages & wines only package store license for premises at 641-643 School 25 Street for the calendar year 2016. On the motion by Commissioner McCarthy, second by Commissioner License Commission minutes for December 17, 2015 page 7 of 8 1 McGovern, it was voted to publish a legal notice in the local newspaper on January 4, 2016 for said 2 application for public hearing to be held on January 14, 2016 at 6:30 p.m. in the Council Chamber. 3 The Commission reviewed the application by PC and SK Inc., d/b/a L & S Liquors, Piset Chea, President, 4 for the transfer of the all alcoholic beverages package store license from L & S Liquors, Inc., Sim 5 Chhuon, President, for premises at 2 Dover St. and 269 Branch Street; first floor-one room, two walk-in 6 coolers, one room for storage; cellar for storage. On the motion by Commissioner McCarthy, second by 7 Commissioner McGovern, it was voted to publish a legal notice in the local newspaper on January 4, 8 2016 for said application for public hearing to be held on January 14, 2016 at 6:30 p.m. in the Council 9 Chamber. 10 The License Commission reviewed the decision of May 7, 2015 to decrease the hours of operation for 11 Hayhurst Group, Inc., d/b/a Finn’s Pub, 76-86 Merrimack Street, for the calendar year 2015: Sundays, 12 Memorial Day, and Christmas Day – 11:00 a.m. to 11:00 p.m.; Monday to Saturday – 8:00 a.m. to 11:00 13 p.m. Joel Asadoorian, President, and Daniel Lucas, manager of record for Mill City Suds, Inc., the all 14 alcoholic beverages restaurant licensee at 76-86 Merrimack St. were present. The transfer of license from 15 Hayhurst Group, Inc. was approved by the License Commission on December 4, 2014, and by the 16 Alcoholic Beverages Control Commission on December 8, 2015. The Commission discussed with Mr. 17 Asadoorian and Mr. Lucas about their plan to operate the business. Mr. Asadoorian stated they will clean- 18 up [establishment]. Asst. Solicitor Rossetti stated the License Commission has the discretion to review 19 hours [from 11:00 p.m.] to 2:00 a.m. Captain Webb commented about Mill City Ballroom which is 20 located on the third floor. The Commission voted, on the motion by Commissioner McCarthy, second by 21 Commissioner Hogan, voted to increase the hour of closing to 2:00 a.m. effective Monday, December 21, 22 2015. 23 The Commission voted to adjourn the meeting at 8:30 p.m. on a motion by Commissioner Hogan, second 24 by Commissioner McGovern. 25 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for December 17, 2015 page 8 of 8