License Commission

Minutes for the Lowell License Commission meeting for Thursday, November 17, 2016 at 6:35 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. Absent: Commissioner Terry McCarthy. The Commission approved the minutes for the meeting of November 3, 2016 on the motion by Commissioner Krieger, second by Commissioner Donahue. The Commission reviewed the request to ratify the issuance of a special one-day license to sell/dispense malt beverages & wines only to Tabatha Garnett, Catering Manager, Aramark, at the ETIC Atrium, 40 University Ave., International Student Welcome, Thursday, November 17, 2016, 5:30 p.m. to 8:00 p.m. Tracy Martino was present to represent Tabatha Garnett. Chairman Descoteaux questioned the Executive Secretary about the application having been filed several days before a License Commission meeting, and that the event is underway while the Commission is to consider the ratification of the issuance of the one-day license. Ms. Martino, who is employed by Aramark, the food vendor for UMass- Lowell, stated that the review process by UMass-Lowell officials of requests that alcohol beverages be available will sometimes reach her office just days before the event. Commissioner Krieger stated the Commission is bending over backwards in this instance to be helpful to the University, recommending the University officials review their procedure to allow Aramark to file application in time for a License Commission meeting. Chairman Descoteaux requested to Ms. Martino that she convey to University officials the Commission policy of filing applications for special one-day licenses for the License Commission to review at a meeting. The Commission on the motion by Commissioner Krieger, second by Commissioner Howe voted to ratify the issuance of the special one-day license to Tabatha Garnett. License Commission minutes November 17, 2016 page 1 of 4 The Commission reviewed the applications for special one day licenses to dispense Wines only from Jim Dyment, Executive Director, The Brush Art Gallery & Studios, 256 Market Street, "Annual Members" exhibit public reception, Saturday, December 3, 2016, 3:00 p.m. to 5:00 p.m. Jim Dyment was present. Christina Hutchinson for an Opening reception for Artist, Saturday, December 3, 2016, 7:00 p.m. to 9:00 p.m. at High Five Arts, Mill No. 5, 250 Jackson St., 5th floor. Christina Hutchinson was present. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve licenses for Jim Dyment and Christina Hutchinson. The Commission reviewed the applications for special one-day license to sell/dispense all alcoholic beverages by Roberta Barnes of Lowell Catholic High School at Lowell Catholic High School, 530 Stevens St., Alumni Christmas Cocktail Party, Friday, December 2, 2016, 7:00 p.m. to 9:00 p.m. Roberta Barnes of Lowell Catholic High School at Lowell Catholic High School, 530 Stevens St., LC Parent Night Out, Saturday, January 28, 2017, 7:00 p.m. to 10:00 p.m. Roberta Barnes was present. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve the licenses for Roberta Barnes of Lowell Catholic High School. The Commission reviewed the application for special one-day license to sell/dispense malt beverages & wines only, or either one by Tabatha Garnett, Catering Manager, Aramark, at the Allen House, 2 Solomont Way, Health Sciences Holiday Reception, Thursday, December 1, 2016, 2:00 p.m. to 9:00 p.m. Tracy Martino was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to approve the license for Tabatha Garnett of Aramark. The Commission reviewed the application by 611-613 Merrimack Street Realty Trust, Himansu Patel & Malay Patel, Trustees, for Lodging House license for premises at 611-613 Merrimack Street. Licensee of record is John Tavoularis & Ann Donnelly Tavoularis. Malay Patel and Atty. George Theodorou, License Commission minutes November 17, 2016 page 2 of 4 legal counsel for the Realty Trust, appeared before the Commission. Attorney Theodorou stated that representatives of Lowell Fire Prevention inspected the premises at 1:00 p.m. today. The fire suppressant system was checked. The sale of the real estate was the main component of the purchase of Excel Package Store. Chairman Descoteaux asked Deputy Superintendent Webb about Lowell Police Department review of the lodging house. Deputy Superintendent Webb stated there is no problem. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to approve the lodging house license for 611-613 Merrimack Street Realty Trust for the license period May 1, 2016 to April 30, 2017. The Commission opened the public hearing on the application by The Vibe Lounge Inc., Steven Xigoros, President, for the transfer of the all alcoholic beverages restaurant license from CB Enterprises, Inc., d/b/a Wicked Irish Pub, Corey Belanger, Manager, for premises at 197 Market Street, one unnumbered door; first floor: one room for restaurant, one room for kitchen; basement for storage. It is requested that Steven Xigoros be approved as manager of record for The Vibe Lounge Inc. A legal notice was published on November 4, 2016. The following individuals were present: Steven Xigoros and Attorney Demetrios Kafkas, legal counsel for The Vibe Lounge Inc. Mr. Xigoros stated he has worked in many restaurants in the City; he would cater to an older crowd, a sports bar, lounge chairs; there will be a juke box, and a band for entertainment. Chairman Descoteaux opened the public hearing to anyone who wished to speak in favor of the application; there was no one present to speak in favor, that portion of the hearing was closed. Chairman Descoteaux opened the hearing to anyone who wished to speak in opposition; there was no one present to speak in opposition, that portion of the hearing was closed. The Executive Secretary presented applications filed by The Vibe Lounge Inc. for the following licenses: common victualler, entertainment in a licensed restaurant – live music, disc jockey, and juke box; and for automatic amusement device. The hearing was declared closed, and the following action taken on the License Commission minutes November 17, 2016 page 3 of 4 motion by Commissioner Krieger, second by Commissioner Howe, to approve the transfer of the all alcoholic beverages restaurant license from CB Enterprises Inc. to The Vibe Lounge Inc. for premises at 197 Market Street; to approve Steven Xigoros as manager of record for The Vibe Lounge Inc. The Commission granted to The Vibe Lounge Inc. licenses for common victualler, entertainment in a licensed restaurant – live music, disc jockey, juke box, and for automatic amusement device. The Commission reviewed The Middle Street Village Inc. security procedure for identifying individuals who are not 21 years of age or older per request of the License Commission on October 20, 2016, submitted by Atty. John J. Hartigan, legal counsel for the licensee, on November 2, 2016. Discussion was about the current policy in place at the Village Smokehouse, and a recent modification affecting patrons who choose to step outside to smoke. The Commission stated the manager is responsible for sale and service of alcohol beverages, and must be constantly aware of identifying the presence of underage patrons. Commissioner Krieger made the motion to place the communication from Attorney Hartigan on file, second by Commissioner Howe, so voted. The Commission reviewed the communication from Al Marcil, Treasurer of the CCA Club of Lowell, 731 Lakeview Ave. received 11-14-2016 regarding the closing of the club on November 13, 2016. Club des Citoyens Americains, Inc. was licensed in 1938 at 149 Middle Street, and recently moved its location from 619 Market Street to 731 Lakeview Ave. The Commission voted to place notice of closure on file. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to adjourn the meeting at 7:05 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. License Commission minutes November 17, 2016 page 4 of 4