License Commission

Minutes for the Lowell License Commission meeting for Thursday, January 12, 2017 at 6:00 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, Terry McCarthy, Martha Howe, and Joseph Donahue; and Deputy Superintendent Jack Webb of the Lowell Police Department. The Commission reviewed the applications for special one-day licenses to dispense Wines only: Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street: Artists’ reception - Patterns, Saturday, January 28, 2017, 4:00 p.m. to 6:00 p.m. Artists’ reception - Women Looking at Women, Saturday, February 11, 2017, 4:00 p.m. to 6:00 p.m. Steve Syverson was present. Artists’ reception - It's About Time, Saturday, March 18, 2017, 4:00 p.m. to 6:00 p.m. Artists’ reception - Gates and Gateways, Saturday, May 20, 2017, 4:00 p.m. to 6:00 p.m. Jim Dyment, Executive Director, The Brush Art Gallery & Studios, 256 Market Street, "Sign of the Times" exhibit public reception, Saturday, January 28, 2017, 2:00 p.m. to 4:00 p.m. Jim Dyment was present. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the licenses for Steve Syverson and Jim Dyment for special one-day licenses to dispense wines only. The Commission reviewed the special events permit for amplified outdoor public entertainment from Henri Marchand for the City of Lowell, Winterfest 2017, music, video, public address with amplification for Friday, February 24, 2017 from 5:00 p.m. to 11:00 p.m., and Saturday, February 25, 2017 from 12 noon to 11:00 p.m. for outdoor venues JFK Plaza - Arcand Drive - Lucy Larcom Park. Henri Marchand was present. The Commission, on the motion by Commissioner License Commission minutes January 12, 2017 page 1 of 9 Donahue, second by Commissioner Howe, voted to approve the license for amplified outdoor public entertainment for Winterfest 2017. The Commission voted to go to recess at 6:08 p.m. on the motion by Commissioner Howe, second by Commissioner Donahue. At 6:12 p.m., the Commission voted to return to regular session on the motion by Commissioner Howe, second by Commissioner Donahue. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one from Patricia Donahue, Gallery Z, 167 Market Street: Wootan Firebox Performance, Saturday, January 21, 2017, 8:00 p.m. to 10:00 p.m. Sunday Brunch with Stephan Clement Performance, Sunday, January 29, 2017, 1:00 p.m. to 3:00 p.m. Art Opening France to America w/Love, Serge Blinko, Saturday, February 4, 2017, 7:00 p.m. to 9:00 p.m. Sunday Brunch - Performance TBA, Sunday, February 5, 2017, 1:00 p.m. to 3:00 p.m. Fundraiser - Miracle Providers Chocolate & Wine Pairing, Sunday, February 12, 2017, 2:00 p.m. to 4:00 p.m. Patricia Donahue was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve licenses for Patricia Donahue to sell/dispense malt beverages & wines only. The Commission opened the public hearing on the application by LD Holdings LLC, d/b/a Revolution, Lauren DiSalvo, Managing Member, for transfer of the all alcoholic beverages restaurant license from Mill City Ballroom Inc., Joel Asadoorian, Manager, for premises at 74 Merrimack Street. Legal notice published December 30, 2016, Lowell Sun newspaper. It is requested that Sean K. Brine be approved as manager of record for LD Holdings LLC. LD Holdings LLC has filed applications for licenses for common victualler, entertainment in a licensed restaurant-live music, disc jockey, juke box, and for automatic amusement device. The License Commission minutes January 12, 2017 page 2 of 9 following individuals were present: Lauren DiSalvo, Sean K. Brine, David E. Heeley, Jr., and Attorney Travis J. Jacobs, legal counsel for LD Holdings LLC. Attorney Jacobs presented to each Commissioner copies of a security plan for LD Holdings “Revolution,” and for “Bar74.” The Commission reviewed each plan for several minutes. Chairman Descoteaux questioned Lauren DiSalvo. Ms. DiSalvo stated she wants a safe place for the 3rd floor premises, known as Mill City Ballroom; will have a new business name “Revolution.” Ms. DiSalvo stated she will build-up a kitchen for “Revolution” will have a kitchen, and be open for four (4) nights a week. Sean Brine was introduced as the proposed manager of record. Mr. Brine commented about having a game room for the second floor [2nd floor - premises of Mill City Suds, Inc.]. Attorney Jacobs stated Lauren will improve the atmosphere for Revolution. Ms. DiSalvo stated there will be country music; her background is in advertising, has experience in restaurants; would like to have professional people [working] in the restaurant. Chairman Descoteaux questioned her place of residence; a discussion ensued with Ms. DiSalvo about her commuting from New York State to Lowell on weekends. Commissioner Howe questioned Ms. DiSalvo. Ms. DiSalvo stated that she is a “stay-at-home” mom; her work background is in advertising; she has free-lance experience managing restaurants, bartending. Attorney Jacobs responded to a question about the “resident agent” for LD Holdings LLC; a change will be filed with Massachusetts Secretary of State. Ms. DiSalvo stated that she became aware of the sale of the business via the web-site [Craig’s List]; from her meeting of Mr. Brine and Mr. Heeley she learned of their experience with the restaurant business. Attorney Jacobs stated that the responsibility [for each establishment] stops with her. Commissioner Krieger questioned Ms. DiSalvo. Ms. DiSalvo stated [current licensee] underestimated the value of security . . . good security, safety, everything will work itself out; on-duty police officers; bar security will be working for me; a License Commission minutes January 12, 2017 page 3 of 9 lack of knowledge for checking IDs . . . some short-comings. Commissioner Krieger asked if Ms. DiSalvo knew Kevin Hayhurst. Ms. DiSalvo stated that she understood [Mr. Hayhurst] partook in a fight . . . [owner/security] should not contribute to violence. Commissioner Donahue stated [Ms. DiSalvo] did her [research] . . . tough bunch of owners in the building; other than security, how will you make it attractive place. Ms. DiSalvo stated with strict guidelines, changing everything. Commissioner McCarthy asked Ms. DiSalvo if she was related to prior owner(s). Ms. DiSalvo stated she is not related to the prior owner. Ms. DiSalvo, in response to a question about training, stated that she, Mr. Brine and Mr. Heeley, have taken a T.I.P.S. course; the club needs severe attention; Mr. Heeley will be perfect for [Bar74]. Chairman Descoteaux asked Deputy Superintendent Webb for his comments. Deputy Webb stated [74 Merrimack Street] is a problem location; dozen of calls for arrests; there is concern that [Ms. DiSalvo] will be an absentee owner; the Superintendent [of Police] does not support the application; Mr. Demetrios Papoulias has worked for the prior owner[s]. Mr. Brine stated he is not counting on Demetrios to work [security]. Mr. Brine stated that he has served as consultant, assuring that patrons will not be underage; security will be his employees; his place of residence is ten minutes away. Chairman Descoteaux stated he agrees with Deputy Superintendent Webb . . . the owner only to be there on Saturday. Attorney Jacobs noted that a new licensee not be held accountable for the transgressions of prior licensee; [Lauren DiSalvo] is a single-mom, children in school, not wish to move them out of school; she has two capable managers. Ms. DiSalvo assured the Commission there are no further violations. Deputy Superintendent Webb stated there was a gang presence last weekend. Attorney Jacobs and Mr. Brine stated there were no incidents. The Commission noted the history of the establishment, and the potential problems for a new owner. Chairman Descoteaux opened the hearing for public comment. There was no one present to License Commission minutes January 12, 2017 page 4 of 9 speak in favor of the transfer; there was no one present to speak in opposition to the transfer. The public commentary portion of the hearing was closed. Commissioner Krieger made the motion to approve the transfer of the all alcoholic beverages restaurant license from Mill City Ballroom Inc. to LD Holdings LLC, d/b/a Revolution, Lauren DiSalvo, Managing Member, for premises at 74 Merrimack St., second by Commissioner Howe. Chairman Descoteaux requested a roll-call vote on the motion: Chairman Descoteaux voted “no,” Commissioner Krieger “yes;” Commissioner McCarthy “no,” Commissioner Howe “yes,” Commissioner Donahue “yes.” The Commission voted to approve the transfer three (3) yeas, two (2) nays. The Commission, by vote of the majority, approved Sean K. Brine as manager of record for LD Holdings LLC, d/b/a Revolution, 74 Merrimack Street; licenses for common victualler, entertainment in a licensed restaurant, and for automatic amusement device. The Commission opened the public hearing on the application by LD Holdings LLC, d/b/a Bar 74 Lounge & Grill, Lauren Disalvo, Managing Member, for transfer of the all alcoholic beverages restaurant license from Mill City Suds Inc., Jan Mistrik, Manager, for premises at 76- 86 Merrimack Street. Legal notice published December 30, 2016, Lowell Sun newspaper. It is requested that David E. Heeley, Jr. be approved as manager of record for LD Holdings LLC. LD Holdings LLC has filed applications for licenses for common victualler, entertainment in a licensed restaurant-live music, disc jockey, juke box, and for automatic amusement device. The following individuals were present: Lauren DiSalvo, Sean K. Brine, David E. Heeley, Jr., and Attorney Travis J. Jacobs, legal counsel for LD Holdings LLC. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of the transfer; there was no one present to speak in opposition to the transfer. The public commentary portion of the hearing was closed. Commissioner Krieger made the motion to approve the transfer of the all License Commission minutes January 12, 2017 page 5 of 9 alcoholic beverages restaurant license from Mill City Suds Inc. to LD Holdings LLC, d/b/a Bar 74 Lounge & Grill, Lauren Disalvo, Managing Member, for premises at 76-86 Merrimack St., second by Commissioner Howe. Chairman Descoteaux requested a roll-call vote on the motion: Chairman Descoteaux voted “no,” Commissioner Krieger “yes;” Commissioner McCarthy “no,” Commissioner Howe “yes,” Commissioner Donahue “yes.” The Commission voted to approve the transfer three (3) yeas, two (2) nays. The Commission, by vote of the majority, approved David E. Heeley, Jr. as manager of record for LD Holdings LLC, d/b/a Bar 74 Lounge & Grill, 76-86 Merrimack Street; licenses for common victualler, entertainment in a licensed restaurant, and for automatic amusement device. The Commission reviewed the application by Aaronap Cellars LLC, Noel A. Powell, Manager, a Farmer Winery, for a license to sell wine at a Farmer’s Market at the premises of 250 Jackson St., Mill No. 5, 4th floor, Sundays commencing January 15 thru June 25, 2017, 11:00 a.m. to 3:00 p.m. Noel Powell was present. Mr. Powell stated he has applied on previous occasions. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the application by Aaronap Cellars LLC for a license to sell wine at a Farmer’s Market – January 15 thru June 25, 2017. The Commission reviewed the application by Colonial Auto Body & Sales Co., Inc., Robert R. Bolduc, President, to amend Class II license # 309-B, used car Dealer, from business address 151 – 170 Perry Street, to 151 Perry Street, office 23 ft. by 10 ft., open lot 60 ft. by 75 ft., fence enclosed; site includes mechanical repair facility; auto body repair shop at 164 Perry St. Robert Bolduc was present. Mr. Bolduc stated that he had sold the property at 170 Perry Street last year and in the process of renewing his Class II license, informed the Executive Secretary of the sale, and would like to have his license amended by not have 170 Perry St. on the license. After some License Commission minutes January 12, 2017 page 6 of 9 discussion, the Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve the amendment for Class II license, to wit: 151 Perry Street, open lot 60 ft. by 75 ft., fence enclosed, office 23 ft. by 10 ft., mechanical repair facility; auto body repair at 164 Perry St. The Commission reviewed the application by Dalmaso Motors LLC, d/b/a Dalmaso Motors LLC, Juliana DaSilva, Managing Member, for Second Motor Vehicles license, Class II, used car Dealer, for premises at 147 Cambridge Street, an open lot approximately 7500 sq. ft., and office approx. 900 sq. ft. The following individuals were present: Juliana DaSilva, her husband, Mr. Dalmaso, and Brian Bond of Bond Properties LLC, landlord. Mrs. DaSilva-Dalmaso addressed the Commission, as did her husband. Mr. Bond noted the new tenant would be permitted to have as many as 35 vehicles for sale on the open lot. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to grant a Second Hand Motor Vehicles license, Class II, used car Dealer, # 755-B, to Dalmaso Motors LLC, d/b/a Dalmaso Motors LLC, Juliana DaSilva, Managing Member, for premises at 147 Cambridge Street. The Commission reviewed the application by Flavor Grill, LLC, d/b/a Flavor Grill, Kelvin Peralta, Managing Member, for a malt beverages & wines only restaurant license for premises at 415 Lawrence Street. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to ratify the scheduling of a public hearing for Thursday, January 26, 2017, and the publication of a legal notice in the Lowell Sun newspaper for Friday, January 13, 2017. The applicant is to notify abutters sending a true copy of the legal notice. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to grant the request for continuance filed by Atty. John J. Hartigan as legal counsel for The License Commission minutes January 12, 2017 page 7 of 9 Middle Street Village, Inc. on January 4, 2017 for hearing from January 12 to January 26, 2017 re: allegations of misconduct as charged by William M. Taylor, Superintendent of Police, dated 11-30-2016 against The Middle Street Village, Inc., d/b/a The Village Smokehouse, 92-98 Middle St., Alan F. Kaplan, Manager. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated 12-29-2016 re: Gary’s Tipico, Inc., d/b/a Gary's Tipico Restaurant, 26 Andover St., Bantroy De Los Santos, Manager. On the motion by Commissioner Krieger, second by Commissioner McCarthy, the Commission voted a hearing for Thursday, January 26, 2017 at 6:00 p.m. on the allegations of misconduct charged against Gary’s Tipico, Inc. The Executive Secretary offered a report of the following licensees of record who have not been issued 2017 alcohol beverages licenses as of 1-10-2017, and other licenses, i.e. common victualler, entertainment in a licensed restaurant-live music, disc jockey, juke box, public amusement, automatic amusement device: Diamond Action, Inc., d/b/a Lowell Spinners, 450 Aiken Street, Brian C. Lindsay, Manager Louilowell LLC, 11 Kearney Square, Jonathan Joo, Manager Lowell Steakhouse, Inc., d/b/a Bob's Bar & Grill, 490 Central Street, Robes Barboza, Manager The Vibe Lounge Inc., 197 Market Street, Steven Xigoros, Manager The Executive Secretary cited a request to amend date of event on license granted 11-17-2016 Special one-day license for All Alcoholic Beverages, 6SP2017, Roberta Barnes of Lowell Catholic High School, Lowell Catholic High School, 530 Stevens St., LC Parent Night Out, Saturday, May 6, 2017, 7:00 p.m. to 10:00 p.m., amend license to change date from Saturday, January 28, 2017, so voted by the Commission. License Commission minutes January 12, 2017 page 8 of 9 The Commission received an update on the matter of unpaid taxes in 2016 by licensees for alcohol beverages, second hand motor vehicles, and common victualler, continued from 12-15- 2016 from the Executive Secretary. The Commission approved the minutes for meeting December 15, 2016 on the motion by Commissioner Krieger, second by Commissioner McCarthy. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to adjourn the meeting at 7:40 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes January 12, 2017 page 9 of 9