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License Commission

Regular Meeting

Lowell, MA · June 23, 2016

AgendaMinutes

Minutes

1 Minutes for the Lowell License Commission meeting for Thursday, June 23, 2016 at 6:30 p.m., held in the 2 Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. 3 Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Kristen Hogan, Nancy 4 McGovern, and Terry McCarthy; and Deputy Superintendent Jack Webb of the Lowell Police Department, and 5 Assistant City Solicitor Ken Rossetti. 6 The Commission, on the motion by Commissioner McGovern, second by Commissioner McCarthy, voted to 7 approve the minutes for the meeting of June 9, 2016. 8 The Commission voted on the motion by Commissioner McCarthy, second by Commissioner McGovern, to ratify 9 the issuance on June 22, 2016 of a special one-day malt beverages and wines only license, 69SP2016, to Tabatha 10 Garnett, Catering Manager, Aramark, for the event held at the Allen House, 2 Solomont Way, for Donna Spellissy 11 Retirement Party, Wednesday, June 22, 2016, 2:00 p.m. to 8:00 p.m. Tabatha Garnett was present. 12 The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines 13 only, or either one, by the following individuals: 14 Tabatha Garnett, Catering Manager, Aramark, for event at ETIC, 40 University Ave., UML Chemical Nuclear 15 Institute Summer Conference, Monday, July 11, 2016, 3:00 p.m. to 8:00 p.m. 16 Tabatha Garnett, Catering Manager, Aramark, for event at Allen House, 2 Solomont Way, UML Chemical 17 Nuclear Institute Summer Conference, Tuesday, July 12, 2016, 4:30 p.m. to 10:30 p.m. 18 Tabatha Garnett, Catering Manager, Aramark, for event at University Crossing, 220 Pawtucket Street, UML 19 Chemical Nuclear Institute Summer Conference, Friday, July 22, 2016, 4:30 p.m. to 10:30 p.m. Tabatha Garnett 20 was present. The Commission voted on the motion by Commissioner McGovern, second by Commissioner 21 McCarthy, to prove the special one-day licenses for Tabatha Garnett of Aramark. 22 Chairman Descoteaux made the motion to waive the reading of each of the applications filed by Kris DeFranzo of 23 CB Enterprises, Inc., second by Commissioner McCarthy, so voted. 24 Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., 25 Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 10:00 p.m. 26 Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., 27 Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 10:00 p.m. License Commission minutes for June 23, 2016 page 1 of 4 1 Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., 2 Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 6:00 p.m. 3 Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Friday, July 29, 4 2016, 6:00 p.m. to 10:00 p.m. 5 Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Saturday, July 30, 6 2016, 12:00 noon to 10:00 p.m. 7 Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Sunday, July 31, 8 2016, 12:00 noon to 6:00 p.m. 9 Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2016, Saturday, July 10 30, 2016, 12:00 noon to 6:00 p.m. 11 Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2016, Sunday, July 12 31, 2016, 12:00 noon to 7:00 p.m. Kris DeFranzo was present. At the request of Chairman Descoteaux, Deputy 13 Superintendent Webb stated that Lowell police during the Folk Festival will have licensees who have the special 14 one-day license for a site on the public way to close their venue to patrons either at 7 p.m. or at 12 midnight as 15 noted on the license. The Commission voted on the motion by Commissioner McCarthy, second by 16 Commissioner McGovern, to prove the special one-day licenses for Kris DeFranzo of CB Enterprises, Inc. 17 Jerry Murphy of Kandon, Inc., d/b/a Old Court, 29-31 Central Street, enclosed outdoor area Middle St. @ corner 18 of Central St., Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 12:00 midnight 19 Jerry Murphy of Kandon, Inc., d/b/a Old Court, 29-31 Central Street, enclosed outdoor area Middle St. @ corner 20 of Central St., Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 12:00 midnight. Jerry Murphy 21 was present. The Commission voted on the motion by Commissioner McGovern, second by Commissioner 22 McCarthy, to prove the special one-day licenses for Jerry Murphy of Kandon, Inc. 23 Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner 24 of Middle St., Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 12:00 midnight 25 Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner 26 of Middle St., Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 12:00 midnight License Commission minutes for June 23, 2016 page 2 of 4 1 Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner 2 of Middle St., Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 6:00 p.m. Scott Pelletier was 3 present. The Commission voted on the motion by Commissioner McCarthy, second by Commissioner McGovern, 4 to prove the special one-day licenses for Scott Pelletier of G & AA, LLC. 5 The Commission reviewed the applications for special event permits for amplification of sound for outdoor public 6 entertainment by the following individuals: 7 Jerry Murphy, Kandon, Inc., Old Court, sound system for band and/or disc jockey, for the Lowell Folk Festival, 8 Friday, July 29, Saturday, July 30, 2016, 12:00 mid., Saturday, July 30, 2016, enclosed outdoor area on Middle St. 9 @ corner of Central St. Jerry Murphy was present. 10 Eric Sack, Lowell Southeast Asian Water Festival, sound system for live music, public address, and disc jockey, 11 Southeast Asian Water Festival, Saturday, August 20, 2016, 9:00 a.m. to 5:00 p.m., Heritage Sampas Pavilion, 12 Pawtucket Blvd. Eric Sack was present. 13 The Commission voted to approve the special event permits for amplification on the motion by Commissioner 14 McGovern, second by Commissioner McCarthy. 15 The Commission reviewed the application for Sidewalk Stand license by Lowell Makes, Inc., Eric Sack, Vice 16 President, 47 Lee St., for sidewalk stand at 115 Merrimack Street, a seasonal permit April to October 2016. Eric 17 Sack was present. The Commission voted to approve the sidewalk stand license for Lowell Makes, Inc. on the 18 motion by Commissioner McCarthy, second by Commissioner McGovern. 19 The Commission did not act upon the application by Ysabel Mansilla for sidewalk stand licenses due to her 20 absence at the meeting for Galeria Café, 366 Merrimack Street, for July 29, 30, 31, 2016; her daughter Ariana was 21 to represent Ms. Mansilla. 22 The Commission reviewed the application by Lowell Steakhouse, Inc., d/b/a Bob’s Bar & Grill, Robes Barboza, 23 President, for an all alcoholic beverages restaurant license for premises at 490 Central Street – two floors and a 24 basement of a two-story building (+/- 5,583 SF) including: basement (+/- 1,535 SF) for storage; first floor (+/- 25 2,024 SF) including dining area, bar, bathrooms, kitchen area, one (1) entrance and three (3) exits; and second 26 floor (+/- 2,024 SF) including function hall, kitchen, bathrooms and bar area. The Commission, on the motion by License Commission minutes for June 23, 2016 page 3 of 4 1 Commissioner Hogan, second by Commissioner Krieger, voted to have the legal notice published in the Lowell 2 Sun for Friday, July 1, 2016, and to hold the public hearing on July 14, 2016. 3 The Commission reviewed the application by RKRG Corp., d/b/a Holly Crab, Ryan Kim, President, for the 4 transfer of the malt beverages & wines only restaurant license from Rising Sun Super Corporation, d/b/a Miya 5 Asian Cuisine, Cuifeng Xie, President, for premises at 16 Merrimack Street, on one floor with first floor dining 6 room, service area, cooler/freezer area, office and storage. The licensee, Rising Sun Super Corporation, has a 7 12:00 a.m. legal closing time. The Commission, on the motion by Commissioner Hogan, second by 8 Commissioner Krieger, voted to have the legal notice published in the Lowell Sun for Friday, July 1, 2016, and to 9 hold the public hearing on July 14, 2016. 10 The Executive Secretary informed the Commission that Vannak Kann, d/b/a The Crown, sent an email to the 11 License Commission office on June 21, 2016 to announce that he is withdrawing his request for promoter license 12 for Yadira Baez of M.J. Entertainment, Lawrence, MA 01841; CROWN Saturday, every Saturday night, 9 PM to 13 2 AM. The Commission voted to take no action on the application for a promoter license by Vannak Kann, d/b/a 14 The Crown, all alcoholic beverages restaurant license at 74 Middlesex Street. 15 After a discussion between Chairman Descoteaux and Assistant Solicitor Rossetti, at 6:45 p.m., the Commission 16 voted by roll-call, on the motion by Commissioner Krieger, second by Commissioner Hogan, to enter into 17 executive session to comply with, or act under the authority of, MGL Chapter 30A, Section 22, to review License 18 Commission executive session minutes for executive sessions of May 8, 2014, May 15, 2014, and December 4, 19 2014; vote – ayes: Chairman Descoteaux, Commissioners Krieger, Hogan, McGovern, McCarthy. Chairman 20 Descoteaux announced that the Commission will go to the Mayor’s Reception Room for the executive session and 21 will return to the Council Chamber to vote by roll call to return to regular session. 22 The Commission, on the motion by Chairman Descoteaux, second by Commissioner Hogan, voted – ayes: 23 Chairman Descoteaux, Commissioners Krieger, Hogan, McGovern, and McCarthy, to return to regular session at 24 7:00 p.m. 25 On a motion by Commissioner Krieger, second by Commissioner Hogan, the Commission voted to adjourn the 26 meeting at 7:00 p.m. 27 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 28 ***** License Commission minutes for June 23, 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 June 21, 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, June 23, 2016 at 6:30 p.m. Ryan J. Wynn Executive Secretary 1. Minutes for meeting June 9, 2016 2. For License Commission ratification the issuance of a special one-day license to sell and/or dispense Malt Beverages & Wines only, or either one, license # 69SP2016, to Tabatha Garnett, Catering Manager, Aramark, for event held at the Allen House, 2 Solomont Way, for Donna Spellissy Retirement Party, Wednesday, June 22, 2016, 2:00 p.m. to 8:00 p.m. 3. Applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Tabatha Garnett, Catering Manager, Aramark, for event at ETIC, 40 University Ave., UML Chemical Nuclear Institute Summer Conference, Monday, July 11, 2016, 3:00 p.m. to 8:00 p.m. Tabatha Garnett, Catering Manager, Aramark, for event at Allen House, 2 Solomont Way, UML Chemical Nuclear Institute Summer Conference, Tuesday, July 12, 2016, 4:30 p.m. to 10:30 p.m. Tabatha Garnett, Catering Manager, Aramark, for event at University Crossing, 220 Pawtucket Street, UML Chemical Nuclear Institute Summer Conference, Friday, July 22, 2016, 4:30 p.m. to 10:30 p.m. Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., foot of John Street adjacent to Boarding House Park, 40 French St., Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 10:00 p.m. Kris DeFranzo of CB Enterprises, Inc., Dutton St. Dance Pavilion, Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 6:00 p.m. Kris DeFranzo of CB Enterprises, Inc., JFK Civic Plaza, Arcand Drive, Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 7:00 p.m. Jerry Murphy of Kandon, Inc., d/b/a Old Court, 29-31 Central Street, enclosed outdoor area Middle St. @ corner of Central St., Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 12:00 midnight Jerry Murphy of Kandon, Inc., d/b/a Old Court, 29-31 Central Street, enclosed outdoor area Middle St. @ corner of Central St., Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 12:00 midnight Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2016, Friday, July 29, 2016, 6:00 p.m. to 12:00 midnight Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2016, Saturday, July 30, 2016, 12:00 noon to 12:00 midnight Scott Pelletier of G & AA, LLC, d/b/a Fuse Bistro, 45 Palmer Street, enclosed outdoor area Palmer St. @ corner of Middle St., Lowell Folk Festival 2016, Sunday, July 31, 2016, 12:00 noon to 6:00 p.m. 4. Applications for special event permits for amplification of sound for outdoor public entertainment: Jerry Murphy, Kandon, Inc., Old Court, sound system for band and/or disc jockey, for the Lowell Folk Festival, Friday, July 29, Saturday, July 30, 2016, 12:00 mid., Saturday, July 30, 2016, enclosed outdoor area on Middle St. @ corner of Central St. Eric Sack, Lowell Southeast Asian Water Festival, sound system for live music, public address, and disc jockey, Southeast Asian Water Festival, Saturday, August 20, 2016, 9:00 a.m. to 5:00 p.m., Heritage Sampas Pavilion, Pawtucket Blvd. 5. Application for Sidewalk Stand license Lowell Makes, Inc., Eric Sack, Vice President, 47 Lee St., for sidewalk stand at 115 Merrimack Street, Seasonal April to October 2016 Ysabel Mansilla, d/b/a Galeria Café, 366 Merrimack Street, for July 29, 30, 31, 2016 – Ariana, to represent Ysabel Mansilla 6. Application by Lowell Steakhouse, Inc., d/b/a Bob’s Bar & Grill, Robes Barboza, President, for an all alcoholic beverages restaurant license for premises at 490 Central Street – two floors and a basement of a two-story building (+/- 5,583 SF) including: basement (+/- 1,535 SF) for storage; first floor (+/- 2,024 SF) including dining area, bar, bathrooms, kitchen area, one (1) entrance and three (3) exits; and second floor (+/- 2,024 SF) including function hall, kitchen, bathrooms and bar area. The License Commission will act to schedule a public hearing to be held at the next regular meeting. 7. Application by RKRG Corp., d/b/a Holly Crab, Ryan Kim, President, for the transfer of the malt beverages & wines only restaurant license from Rising Sun Super Corporation, d/b/a Miya Asian Cuisine, Cuifeng Xie, President, for premises at 16 Merrimack Street, on one floor with first floor dining room, service area, cooler/freezer area, office and storage. The licensee, Rising Sun Super Corporation, has a 12:00 a.m. legal closing time. The License Commission will act to schedule a public hearing to be held at the next regular meeting. 8. Continued from June 9, 2016 Vannak Kann, d/b/a The Crown, all alcoholic beverages restaurant licensee at 74 Middlesex Street, request for promoter license for the following individual Yadira Baez of M.J. Entertainment, Lawrence, MA 01841; CROWN Saturday, every Saturday night, 9 PM to 2 AM. 9. The License Commission will vote on whether to enter into executive session to comply with, or act under the authority of, MGL Chapter 30A, Section 22, in light of Motion by Commissioner Krieger to review License Commission executive session minutes for executive sessions of May 8, 2014, May 15, 2014, and December 4, 2014. 10. Motion to adjourn. *****

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