License Commission

Minutes for the Lowell License Commission meeting for Thursday, October 20, 2016 at 6:30 p.m., held in the Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. Present: John Descoteaux, Commissioner, Chairman, Commissioners Cliff Krieger, Martha Howe, and Joseph Donahue; and Deputy Superintendent Jack Webb of the Lowell Police Department, Elliott Veloso, Assistant City Solicitor. Absent: Commissioner Terry McCarthy The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve the minutes for the meeting of October 6, 2016. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to ratify the issuance of a special one-day license to sell/dispense malt beverages & wines only to Tabatha Garnett, Catering Manager, Aramark, for event at the Allen House Gallery, 2 Solomont Way: Fine Arts Professors Meeting, Monday, October 17, 2016, 3:00 p.m. to 7:00 p.m. Tabatha Garnett was present. Due to a concert taking place at the Tsongas Center, and Ms. Garnett’s responsibility for the concessions, the Commission agreed to bring forward the applications filed by Tabatha Garnett, Catering Manager, Aramark, for special one-day licenses to sell/dispense malt beverages & wines only, or either one, for the following events: University Crossing 260, 220 Pawtucket St., Retention Commission Meeting, Tuesday, October 25, 2016, 3:30 p.m. to 6:00 p.m.; and ETIC Atrium, 40 University Ave., Soft Robotics Workshop, Tuesday, November 8, 2016, 5:00 p.m. to 9:00 p.m. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to approve licenses for October 25th and November 8th, 2016 events. The Commission reviewed applications by a Farmer Winery for license to sell at a Farmer’s Market for The Craft Vines Festival at Mill No 5, 250 Jackson St., 4th floor, Sat., October 22, 2016 – 1:00 p.m. to 5:00 p.m. The following wineries filed application for a license: La Cantina Winery Company, Robert Vozzella, Manager, 355 Union St., Franklin, MA – ABCC # FW- 110 License Commission minutes October 20, 2016 page 1 of 10 Pony Shack Cider, Inc., Nathan McKinley, Manager, 188 Picnic St., Boxborough, MA – ABCC # FW- 115 Dan Clapp, d/b/a 1634 Meadery, Dan Clapp, Manager, 3 Short St., Ipswich, MA – ABCC # FW-104 Aaronap Cellars LLC, Noel A. Powell, Manager, 28 Carlisle Rd., Westford, MA – ABCC # FW-084 The Executive Secretary informed the Commission that Robert Vozzella, owner of La Cantina Winery Company, had notified the License Commission office that he teaches an [engineering] class at the Wentworth Institute of Technology in Boston on Tuesdays and Thursdays evenings, and is unable to be present this evening. A communication was received from Mr. Vozzella, dated October 17, 2016, to explain the reason for his absence. The Secretary stated that Noel Powell of Aaronap Cellars is present, and is willing to speak for Mr. Vozzella. Chairman Descoteaux addressed the Commission about recognizing Mr. Powell as a spokesman for Mr. Vozzella. Commissioner Donahue made the motion, second by Commissioner Krieger, to recognize Mr. Powell’s representation of Robert Vozzella, owner of La Cantina Winery Company, vote - ayes: Chairman Descoteaux, Commissioners Krieger, Howe, Donahue. Noel Powell introduced himself as owner and manager of Aaronap Cellars LLC, explained the reason for Mr. Vozzella’s absence. Dan Clapp was present, owner and manager of the business 1634 Meadery; and David McKinley of Pony Shack Cider, Inc. was present. Mr. Powell stated that Mill No 5 is a great venue, and that the festival will offer locally produced food and wines. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve licenses to La Cantina Winery Company, Pony Shack Cider, Inc., Dan Clapp, d/b/a 1634 Meadery, and Aaronap Cellars LLC to sell at a Farmer’s Market on October 22, 2016 at Mill No 5, 250 Jackson St., 4th floor. The Commission reviewed the application for special one-day license to sell/dispense all alcoholic beverages for non-profit organization Andrea Comeau on behalf of House of Hope, Inc. Lowell, 30th Anniversary Harvest of Hope Benefit at 520 Fletcher St., Thursday, October 27, 2016, from 6:00 p.m. to 8:30 p.m. Andrea Comeau was present. Ms. Comeau stated she is T.I.P.S. certified. The Commission, on License Commission minutes October 20, 2016 page 2 of 10 the motion by Commissioner Howe, second by Commissioner Krieger, voted to approve license to Andrea Comeau on behalf of House of Hope, Inc. Lowell for October 27, 2016. The Commission reviewed the following applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Marc Clermont of Miracle Providers Northeast, Inc., The Onyx Room, 122 Western Ave., Charity Cabaret Show for the Miracle Providers, Saturday, November 12, 2016, 6:00 p.m. to 12:00 midnight. Marc Clermont was present. Patricia Donahue, 167 Market St., Lowell, Gallery Z, 167 Market St., three (3) applications: Brunch/Music with Stephen Clements; MCC - show closing reception, Sunday, October 23, 2016, 1:00 p.m. to 3:00 p.m.; Reception Antoni A. Show & Halloween gala, Saturday, October 29, 2016, 7:30 p.m. to 9:30 p.m. Reception Artist Antoni J./Music in Café, Saturday, November 5, 2016, 7:30 p.m. to 9:30 p.m. Patricia Donahue was present. Penny Hamourgas of Worthen House Café, Inc., parking lot at 152 Worthen Street across from Worthen House, Octoberfest/Halloween Music Food Fest, three (3) applications: Friday, October 28, 2016, 8:00 p.m. to 12:30 a.m. Saturday, October 29, 2016, 3:00 p.m. to 12:30 a.m. Sunday, October 30, 2016, 2:00 p.m. to 8:00 p.m. Penny Hamourgas was present. Chairman Descoteaux questioned each applicant about the activity planned. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve licenses for Marc Clermont, Patricia Donahue, and Penny Hamourgas. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one from Gabby Davis - Made In Lowell, for the Craft Beer Walk Lowell, Saturday, License Commission minutes October 20, 2016 page 3 of 10 November 12, 2016, 4:00 p.m. to 8:00 p.m., beer samples to be available at the following downtown locations: Sweet Lydia's, 160 Merrimack St. Persona, 51 Market St. Owl Stamp Company, 142 Middle St. Mill City Tobacco, 104 Merrimack St. Drica Fashion, 96 Merrimack St. COOL Place, 122 Merrimack St. Lowell Jewelry and Loan, 24 Merrimack St. Little Delights Bakery, 132 Merrimack St. Debbe Daley Designs LLC, 189 Market St. AWOL, 110 Merrimack St. The Flower Mill, 183 Dutton St. City Bicycle, 181 Market St. EYEFUL Beauty, 33 Middle St. The Brush Art Gallery & Studios, 256 Market St. Humanity Boutique, 128 Merrimack St. ARTS League of Lowell Gallery, 307 Market St. Brew'd Awakening Coffeehaus, 61 Market St. Gabby Davis was present. Ms. Davis outlined in detail that the “Craft Beer Walk” will be the same as last year, same footprint, which is economic engagement by participants with downtown business owners. Business owners found sales to increase as a result of last year’s event. The event is structured around small business. There will be a maximum of 700 tickets for sale, participants will be issued a sample cup at 1.5 oz., each business will be issued a 4-foot table, and will have a T.I.P.S. certified server to check ticket holders identification, and to dispense a sample of a malt beverage; food samples may be available License Commission minutes October 20, 2016 page 4 of 10 at some locations; five restaurants will also participate, and there will be two food trucks located on Market Street adjacent to The Flower Mill and ARTS League of Lowell. Chairman Descoteaux asked Deputy Superintendent Webb if there were any problems last year. Deputy Webb stated he was not aware of any problems. Ms. Davis stated that there will be three detail police positioned in the area where participants will be walking. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve a license for each venue with Gabby Davis, Made In Lowell, as manager of record, for Saturday, November 12, 2016. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the fee of $10.00 for each license in the name of Gabby Davis, Made In Lowell, for the “Craft Beer Walk.” The Commission reviewed the application for a special one-day license for malt beverages & wines only by Allison Turcotte, Mill No. 5, 250 Jackson St., 4th floor, Soule Monde Concert, Saturday, November 12, 2016, 12:00 p.m. to 1:00 a.m. The application had been continued from October 6th meeting per License Commission in order to review a plan for entertainment and amplified music at the Soule Monde Concert; abutters may address the Commission about amplified music. James Lichoulas was present. Mr. Lichoulas stated that Allison Turcotte is an employee of his at Mill No. 5, 250 Jackson Street; he requested Allison not attend the meeting. Chairman Descoteaux allowed Mr. Lichoulas to proceed with his presentation regarding application for the Public Amusement license filed in the name of Mr. Lichoulas for the Soule Monde Concert, Saturday, November 12, 2016 from NOON to 1:00 a.m., at The Hi–Hat at Mill No. 5, 250 Jackson St., 4th fl. Mr. Lichoulas explained that Mill No. 5 is a small venue that supports local artists; an abutter, concerned about noise, sent a letter to the License Commission. Mr. Lichoulas stated that he is working to reduce any noise penetrating the wall between 240 and 250 Jackson Street; there are two points in the structure at the location of elevators that need sound attenuation. Chairman Descoteaux stated that the application for public amusement license should be continued to the meeting of November 3, 2016. Commissioner Krieger recommended a review of the decibel limits noted in the City of Lowell Noise Ordinance. Assistant Solicitor Veloso addressed the Law Departments License Commission minutes October 20, 2016 page 5 of 10 concerns about the Hi Hat venue, citing Massachusetts General Law Chapter 140, section 181, and the building code enforced by the Building Commissioner. Commissioner Howe addressed Mr. Lichoulas about the neighbors issue with noise. Randy Mathiew, a resident at 240 Jackson Street, addressed the Commission about noise from Mill No. 5. Attorney Mary Bassett of Concord, MA, speaking on behalf of Elena Vyunskovskaya and Randy Mathiew, addressed the matter of having a professional [consultant] on noise abatement. Chairman Descoteaux inquired about the certificate of inspection. The Executive Secretary stated the Building Commissioner advised that it is required for the Hi Hat venue. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to continue a review of the applications to the next regular meeting for public amusement licenses by James Lichoulas and Coco Luna, LLC, and Allison Turcotte for special one-day license for malt beverages and wines only. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment: Penny K. Hamourgas, Worthen House Café, Inc., sound system for live music, disc jockey, Oktoberfest/Halloween Music & Food Fest, parking lot at 152 Worthen Street across from Worthen House: Friday, October 28 - 8 p.m. to 12 midnight; Saturday, October 29 - 3 p.m. to 12 midnight; and Sunday, October 30, 2016 - 2 p.m. to 8 p.m. Penny Hamourgas was present. Frederick Smith of SmithFest Events, sound system for recorded music, ambient background sounds, Haunted Run/Halloween Party, Saturday, November 5, 2016, 5:00 p.m. to 10:00 p.m., at Shedd Park. Frederick Smith was present. Commissioner Donahue stated to Chairman Descoteaux that he is a relative [second cousin] of Frederick Smith; the family relationship will not affect his consideration of Mr. Smith’s application as a License Commissioner. The Commission, on the motion by Commissioner Howe, second by Commissioner Krieger, voted to approve special events permits for amplified outdoor public entertainment to Penny K. Hamourgas, License Commission minutes October 20, 2016 page 6 of 10 Worthen House Café, for October 28, 29, 30 – 2016, and Frederick Smith of SmithFest Events for November 5, 2016. The Commission reviewed the application by The Last Safe Inc., all alcoholic beverages restaurant licensee at 160 Merrimack Street, unit A, for change of manager to Timothy Regan of Lowell. Timothy Regan was present. Mr. Regan stated that he has been working at the Village Smokehouse as a bartender, and likes the industry. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve Timothy Regan as manager of record for The Last Safe Inc. The Commission opened the public hearing on the application by Alexander, LLC, Alexi Torres, LLC Manager, for an all alcoholic beverages restaurant license for premises at 179 Central Street, first floor, two rooms, 1600 square feet, 2 entrances, 3 exits, 200 square feet for patio/deck/outdoor area. It is requested that Alexi Torres be approved as manager of record for Alexander, LLC. Alexander, LLC has filed applications for licenses: common victualler, and for entertainment in a licensed restaurant – live music, disc jockey, juke box. The following individuals were present: Alexi Torres, and Atty. Michael Talty, legal counsel for Alexander, LLC. The Commission reviewed and ordered placed on file the “Affidavit of Notice of Mailing to Abutter and Others,” white postal slips, and return receipts. Legal notice was published Friday, October 7, 2016. The affidavit was signed by Alexi M. Torres; witness Notary Public - Michael Talty, Esq., dated 10/20/2016. Attorney Talty addressed the Commission about the application by Alexander LLC; Alexi Torres is looking to make a fresh start; he is working on a menu. Mr. Torres works at Walmart in Tewksbury full-time, and part-time at Joe’s Bar & Grill in Boston. Chairman Descoteaux and Commissioner Howe questioned Mr. Torres about his plans and experience. Mr. Torres stated he is T.I.P.S. certified; he would like to have a kitchen, and offer live jazz music; he anticipates opening the restaurant in three (3) months. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of the application; there was no one present to speak against the application. The hearing was declared closed, and the Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve an all alcoholic beverages License Commission minutes October 20, 2016 page 7 of 10 restaurant license for Alexander, LLC for premises at 179 Central Street. The Commission did not find the granting of said license would be detrimental to the religious or social activity of the Deliverance Temple – Church of God in Christ, 216 Central Street. The Commission voted to approve Alexi M. Torres as manager of record for Alexander LLC. The following licenses were approved for Alexander LLC, premises at 179 Central Street: common victualler, and entertainment in a licensed restaurant – live music, disc jockey, juke box. The Commission opened the hearing on allegations of misconduct September 1, 2016 as charged by William M. Taylor, Superintendent of Police, against Akshar Sales Corporation, d/b/a Chuck’s Variety, Himansu Patel, Manager, malt beverages & wines only package store licensee at 641-643 School St., as set out in Superintendent Taylor’s communication dated September 29, 2016. The allegations are as follows: Selling or delivering an alcoholic beverage to a person under 21 years of age in violation of M.G.L. Chapter 138, Section 34; A.B.C.C. regulation 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 following individuals were present: Himansu Patel, manager of record for Akshar Sales Corporation; and Heriberto Morales, store clerk. Mr. Patel stated he was in the store when a 20 year old, who was assisting Lowell Police with a compliance check, purchased “a 6-pack of Bud Light beer without being asked for any identification;” the clerk, Mr. Morales, was behind the counter, and made the sale without first asking for identification. Mr. Morales was a three-week employee at the time, and had received in-house training according to Mr. Patel. Chairman Descoteaux expressed disappointment with the in-house training since Mr. Morales did not ask for identification. The Commission, on the motion by Commissioner Krieger, second by Chairman Descoteaux, found the licensee, Akshar Sales Corporation, in violation of M.G.L. Chapter 138, section 34, and A.B.C.C. regulation 204 CMR 2.05 (2), on September 1, 2016, and suspended the malt beverages & wines package store license for two (2) days, and to hold the two (2) days suspension in abeyance for one (1) year [October 20, 2017]. License Commission minutes October 20, 2016 page 8 of 10 The Commission opened the hearing on allegations of misconduct on September 23, 2016 as charged by William M. Taylor, Superintendent of Police, against The Middle Street Village, Inc., d/b/a Village Smokehouse, Alan F. Kaplan, Manager, all alcoholic beverages restaurant licensee at 92-98 Middle St., as set out in Superintendent Taylor’s communication dated September 29, 2016. The following individuals were present: Alan F. Kaplan, manager of record, Tim Kelleher, a corporate officer, and Attorney John J. Hartigan, legal counsel for Village Smokehouse. Deputy Superintendent Webb stated that the Superintendent of Police requests to withdraw the allegation that the licensee was in violation on September 23, 2016, to wit - Selling or delivering an alcoholic beverage to a person under 21 years of age in violation of M.G.L. Chapter 138, Section 34 (two counts). Deputy Supt. Webb stated the two women are here to testify that they received an alcohol beverage from a third patron who purchased the alcohol in the establishment. Asst. Solicitor Veloso stated [the Superintendent] will go forward with the allegation of an illegality on the premises, to wit, A.B.C.C. regulation 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. Attorney Hartigan filed a Memorandum Detailing Specific Requirements Necessary for Supportable Finding of Violation of Violation of M.G.L. Chapter 138, section 34. The Commission ordered the Memorandum placed on file. Attorney Hartigan stated that the Village Smokehouse checks for forged identifications, there is a police detail Thursday, Friday and Saturday, and that there had not been an illegality on the premises. Asst. Solicitor Veloso took the oath of Avery Downs and Morgan Parent prior to their offering eyewitness testimony; each woman was advised of her 5th amendment right to not answer questions. Chairman Descoteaux and Commissioner Donahue questioned the young women. Ms. Downs and Ms. Parent stated they received a beer from a third patron, and that they were able to enter the establishment without having to stop to have their identifications checked at the front entrance. Lowell Police Officer Christian Hanson testified to the incident report he filed September 23, 2016. Commissioner Krieger stated the facts are not sufficient. Commissioner Howe stated the testimony indicates permitting an License Commission minutes October 20, 2016 page 9 of 10 illegality on the premises. At the conclusion of the hearing, the Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to place on file the letter from the Superintendent of Police; furthermore, that the manager of the Village Smokehouse draft and submit a communication to the License Commission outlining the security procedure for identifying individuals who are not 21 years of age or older. The Commission reviewed the application by GT Doyle & Co., Inc., Gregory J. Doyle, President, for the transfer of the malt beverages and wines package store license from Lowell Provision Company, Peter F. Doyle, Manager, for premises at 963 Chelmsford St. It is requested that Gregory J. Doyle be approved as manager of record for GT Doyle & Co., Inc. On the motion by Commissioner Donahue, second by Commissioner Howe, the Commission voted to ratify the publication of a legal notice for October 21, 2016, Lowell Sun newspaper, and to hold the public hearing for November 3, 2016 at 6:30 p.m., in the City Council Chamber. The Commission reviewed the application by 1981 Ramen Bar, LLC, Peter Huynh, Manager, 129 Merrimack St., all alcoholic beverages restaurant licensee, for alteration of premises, to add outdoor seating, 6 tables, 15 chairs, and 8’x16’ fenced patio. On the motion by Commissioner Howe, second by Commissioner Krieger, the Commission voted to ratify the publication of a legal notice for October 21, 2016, Lowell Sun newspaper, and to hold the public hearing for November 3, 2016 at 6:30 p.m., in the City Council Chamber. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to adjourn the meeting at 8:25 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes October 20, 2016 page 10 of 10