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License Commission

Regular Meeting

Lowell, MA · April 14, 2016

AgendaMinutes

Minutes

Minutes for the Lowell License Commission meeting for Thursday, April 14, 2016 at 6:30 p.m., held in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. Present: Commissioners Cliff Krieger, presiding, Kristen Hogan, Terry McCarthy, and Nancy McGovern; and Deputy Superintendent Jack Webb of the Lowell Police Department. Absent: Commissioner John Descoteaux. The Commission reviewed the minutes for meeting March 31, 2016. Commissioner McCarthy made the motion to approve the March 31st minutes; Commissioner McGovern seconded the motion, so voted. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one, from the following individuals: Katherine Crawford Antobenedetto, Artsylum, for The OtherWhere Market, and Eventide Social, Saturday, April 30, 2016, 3:00 p.m. to 10:00 p.m. (an overlapping of two events), to be held on the 4th floor of Mill No. 5, 250 Jackson St. Katherine Crawford Antobenedetto was present. Amanda Rodrigues for a Dinner, Dance, Sunday, April 17, 2016, 11:00 a.m. to 6:00 p.m. at the PALYC, 739 Central Street [Portuguese American Lowell Youth Center]. Amanda Rodrigues was present. Amanda Rodrigues for the Queen's Ball 2016, Saturday, April 23, 2016, 5:00 p.m. to 2:00 a.m. at the PALYC, 739 Central Street Wendy Blom of LTC, at LTC, 246 Market Street, an Open House, Wednesday, April 27, 2016, 5:30 p.m. to 7:30 p.m. Wendy Blom was present. The Commission voted on the motion by Commissioner McGovern, second by Commissioner McCarthy, to approve the licenses for Katherine Crawford Antobenedetto, Amanda Rodrigues, and Wendy Blom. The Commission reviewed the application by Mike Lenzi of Lenzi Catering, for a Celebration of Life, at 122 Western Avenue, Saturday, April 16, 2016, 9:00 p.m. to 1:30 a.m. Mike Lenzi was present. The Commission voted on the motion by Commissioner McCarthy, second by Commissioner McGovern, to approve the license for Michael Lenzi. The Commission reviewed the application for special event permit for amplification of sound for outdoor public entertainment from Middlesex Community College, Jonathan Crockett, representative, sound License Commission minutes for April 14, 2016 page 1 of 4 system for disc jockey for Spring Fling, at the Lowell campus quad, 33 Kearney Sq. on Thursday, May 12, 2016 from 10:00 a.m. to 2:00 p.m. Jonathan Crockett was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner McGovern, voted to approve the special event permit for Middlesex Community College. The Commission reviewed the application for Sidewalk Stand - 2016 seasonal permit by Maria Garcia of Gentlemen's District at 23 Central St. Maria Garcia was present. The Commission, on the motion by Commissioner McGovern, second by Commissioner McCarthy, voted to approve the Sidewalk Stand permit for Maria Garcia. Joel Asadoorian, manager of record for Mill City Ballroom, all alcoholic beverages restaurant licensee at 74 Merrimack St., third floor, appeared before the Commission to request to host two (2) all-ages shows Saturday, April 30, 2016 from 2:00 p.m. to 10:00 p.m. featuring seven (7) bands, and Sunday, May 1, 2016 from 2:00 p.m. to 10:00 p.m. featuring seven (7) bands. Ronnie Carignan Jr., the promoter for each show, was present. Commissioner Krieger requested Deputy Superintendent Webb to comment. Deputy Supt. Webb stated IDs should be checked. Commissioner McCarthy questioned Mr. Asadoorian about attendance for each show; Mr. Asadoorian stated he expected 350 to 400 patrons. Mr. Asadoorian stated there will be six or more security staff. Commissioner McCarthy questioned if Mr. Asadoorian had requested a police detail. Mr. Asadoorian stated not yet. Commissioner McCarthy recommended to Mr. Asadoorian that he meet with the Fire and Police Departments before a permit is issued. Commissioner McGovern questioned Mr. Asadoorian about the all-ages shows. Commissioner Krieger stated the Commission will approve them provided Mr. Asadoorian consults with Deputy Supt. Webb and Fire Department. The Commission agreed to approve [promoter] permits for events scheduled April 16th and April 30th. Mr. Carignan stated the event on the 16th is a local show; the all-ages shows are a national act. Commissioner McCarthy made the motion to approve the events for April 16, April 30, and May 1, 2016, amended by Commissioner Krieger to request a police and fire detail, second by Commissioner McGovern, so voted. The Commission ordered that Mr. Asadoorian return to the License Commission for the meeting scheduled to be held on April 28, 2016 regarding applications for promoter permit. License Commission minutes for April 14, 2016 page 2 of 4 The Commission reviewed the application by Chang Li, Inc., Lirong Zheng, President, for the transfer of the all alcoholic beverages restaurant license from Mandarin Lowell Chinese Cuisine Incorporated, premises at 1590 Middlesex St. Commissioner McCarthy made the motion, second by Commissioner Hogan to ratify the publication of the legal notice for April 15, 2016 in the Lowell Sun newspaper, and to hold the public hearing on April 28, 2016, so voted. The Commission reviewed the application by G & AA, LLC, dba Fuse Bistro, Scott Pelletier, Mgr., all alcoholic beverages restaurant licensee at 45 Palmer St. for transfer of stock. Commissioner McCarthy made the motion, second by Commissioner Hogan to ratify the publication of the legal notice for April 15, 2016 in the Lowell Sun newspaper, and to hold the public hearing on April 28, 2016, so voted. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated April 5, 2016, regarding The Middle Street Village, Inc., d/b/a The Village Smokehouse, Alan F. Kaplan, Mgr., all alcoholic beverages restaurant licensee, premises at 92-98 Middle St., for allegations of misconduct on the licensed premises March 10-11, 2016 in violation of law and regulation, to wit: (a) Selling or delivering an alcoholic beverage to a person under 21 years of age in violation of M.G.L. chapter 138, section 34; (b) Selling or delivering alcoholic beverages to an intoxicated person in violation of M.G.L. chapter 138, section 69; and (c) 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.” The Commission voted to schedule a hearing for The Middle Street Village, Inc. for Thursday, April 28, 2016 at 6:30 p.m. on the motion by Commission McCarthy, second by Commissioner Hogan. The Commission reviewed license fee schedule for alcohol beverages licenses in accordance with sections 12, 14, 15, and 19C of chapter 138 of Massachusetts General Laws. After some discussion, on the motion by Commissioner Hogan, second Commissioner McCarthy, it was unanimously voted to establish an annual license fee of $250.00 for a Malt Beverages Only Pouring Permit with a legal closing time of 11:00 p.m. The Commission voted to adjourn the meeting at 7:07 p.m. on a motion by Commissioner Hogan, second by Commissioner McGovern. License Commission minutes for April 14, 2016 page 3 of 4 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes for April 14, 2016 page 4 of 4

Agenda

The City of Lowell City Hall • 375 Me rrimack St re et • Lowell, MA 01852 License Commission • 978.674.4156 www.Lowell MA.gov April 12, 2016 Michael Q. Geary City Clerk Lowell, Massachusetts Dear Sir: In compliance with Massachusetts General Law chapter 30A, sections 18–25, notice is hereby given that a meeting of the License Commission of the City of Lowell is scheduled to take place in the Council Chamber, second floor, City Hall, 375 Merrimack St. on Thursday, April 14, 2016 at 6:30 p.m. Ryan J. Wynn Executive Secretary 1. Minutes for meeting March 31, 2016 2. Application for special one-day license to sell/dispense malt beverages & wines only, or either one: Katherine Crawford Antobenedetto, Artsylum, for The OtherWhere Market, and Eventide Social, Saturday, April 30, 2016, 3:00 p.m. to 10:00 p.m. (an overlapping of two events), to be held on the 4th floor of Mill No. 5, 250 Jackson St. Amanda Rodrigues for a Dinner, Dance, Sunday, April 17, 2016, 11:00 a.m. to 6:00 p.m. at the PALYC, 739 Central Street [Portuguese American Lowell Youth Center]. Amanda Rodrigues for the Queen's Ball 2016, Saturday, April 23, 2016, 5:00 p.m. to 2:00 a.m. at the PALYC, 739 Central Street Wendy Blom of LTC, at LTC, 246 Market Street, an Open House, Wednesday, April 27, 2016, 5:30 p.m. to 7:30 p.m. Mike Lenzi of Lenzi Catering, for a Celebration of Life, at 122 Western Avenue, Saturday, April 16, 2016, 9:00 p.m. to 1:30 a.m. 3. Application for special event permit for amplification of sound for outdoor public entertainment: Middlesex Community College, Jonathan Crockett, representative, sound system for disc jockey for Spring Fling, at the Lowell campus quad, 33 Kearney Sq. on Thursday, May 12, 2016 from 10:00 a.m. to 2:00 p.m. 4. Application for Sidewalk Stand - 2016 permit: Maria Garcia of Gentlemen's District at 23 Central St. for a seasonal permit 5. Joel Asadoorian, manager of record for Mill City Ballroom, all alcoholic beverages restaurant licensee at 74 Merrimack St., third floor, request to host two (2) all-ages shows Saturday, April 30, 2016 from 2:00 p.m. to 10:00 p.m. featuring seven (7) bands, and Sunday, May 1, 2016 from 2:00 p.m. to 10:00 p.m. featuring seven (7) bands. 6. Application by Chang Li, Inc., Lirong Zheng, President, for the transfer of the all alcoholic beverages restaurant license from Mandarin Lowell Chinese Cuisine Incorporated, premises at 1590 Middlesex St. For License Commission ratification the publication of the legal notice for April 15, 2016 in the Lowell Sun newspaper, and for public hearing to be held on April 28, 2016. 7. Application by G & AA, LLC, dba Fuse Bistro, Scott Pelletier, Mgr., all alcoholic beverages restaurant licensee at 45 Palmer St. for transfer of stock. For License Commission ratification the publication of the legal notice for April 15, 2016 in the Lowell Sun newspaper, and for public hearing to be held on April 28, 2016. 8. Communication from William M. Taylor, Superintendent of Police, dated April 5, 2016, regarding The Middle Street Village, Inc., d/b/a The Village Smokehouse, Alan F. Kaplan, Mgr., all alcoholic beverages restaurant licensee, premises at 92-98 Middle St., for allegations of misconduct on the licensed premises March 10-11, 2016 in violation of law and regulation, to wit: (a) Selling or delivering an alcoholic beverage to a person under 21 years of age in violation of M.G.L. chapter 138, section 34; (b) Selling or delivering alcoholic beverages to an intoxicated person in violation of M.G.L. chapter 138, section 69; and (c) 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.” 9. License Commission to review fee(s), and to establish fee(s) for alcohol beverages license(s) in accordance with section 12, section 14, section 15, and section 19C of chapter 138 of Massachusetts General Laws. 10. Motion to adjourn. *****

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