License Commission

Minutes for the Lowell License Commission meeting for Thursday, January 26, 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, Hannah Pappenheim, Asst. City Solicitor, James Wellock, Asst. City Solicitor. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the minutes for meeting January 12, 2017. The Commission reviewed the application by Dan Clapp, d/b/a 1634 Meadery, 3 Short St., Dan Clapp, Manager, Ipswich, MA, 01938, FW – 104, The Farm Market at Mill No 5, main corridor of 4th floor, 250 Jackson Street, Lowell, MA 01852. Wine sales to be held in a 10' x 10' vendor space as assigned within the farmer's market, Sunday, February 12, and one (1) Sunday in month of March and April, 2017; hours each Sunday 11:00 a.m. to 3:00 p.m. Dan Clapp was present. Mr. Clapp stated that he participated in the farmer’s market last fall [October 22, 2016]. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to approve the license for Dan Clapp, d/b/a 1634 Meadery. The Commission reviewed the application by La Cantina Winery Company, Robert Vozzella, President, 355 Union St., Franklin, MA 02038, FW-LIC-000110, The Farm Market at Mill No 5, main corridor of 4th floor, 250 Jackson Street, Lowell, MA 01852. Wine sales to be held in a 10' x 10' vendor space as assigned within the farmer's market, Sunday, February 12 to June 25, 2017; hours each Sunday 11:00 a.m. to 3:00 p.m. Phyllis and Bob Vozzella were present, parents of Robert Vozzella. Chairman Descoteaux questioned the absence of Robert Vozzella. The Executive Secretary stated that last fall that Noel Powell of Aaronap Cellars spoke on behalf of Robert Vozzella; [Mr. Vozzella teaches an engineering class in Boston Thursday evening]. Phyllis Vozzella stated that she and her husband assist with the farmer’s market in Franklin [MA]. The Commission, on the motion by License Commission minutes January 26, 2017 page 1 of 9 Commissioner Howe, second by Commissioner Donahue, voted to approve the license for La Cantina Winery Company. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one: Gabby Davis - Made in Lowell, Winterfest Footprint (Lucy Larcom Park to JFK Plaza), Microbrew Showcase - Winterfest, Friday, February 24, 2017, 6:00 p.m. to 9:00 p.m.; Gabby Davis - Made in Lowell, The Onyx Room, 122 Western Ave., Beards & Brews, Saturday, March 11, 2017, 6:00 p.m. to 9:00 p.m. Gabby Davis was present. Chairman Descoteaux questioned Ms. Davis about the Winterfest footprint. Ms. Davis stated that barriers would be placed around the footprint; the Microbrew Showcase will offer 24 different breweries, samples will be in 2 oz. cups, visitors who have purchased tickets to receive samples will not have an opportunity to go far [from the service area]; bracelets will be issued to ticket holders to wear during the event. Deputy Superintendent Webb stated he will be meeting with Winterfest organizers about the plan for security. The Commission noted the footprint extends from JFK Civic Center to Lucy Larcom Park. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve licenses for Gabby Davis – Made in Lowell for events February 24th and March 11th – 2017. The Commission reviewed applications filed by Tabatha Garnett. Tabatha Garnett, Catering Manager, and Nadine Somma, General Manager, Aramark, University of Massachusetts Lowell, University Catering, were present. The following applications filed for upcoming events: Alumni Hall, 84 University Ave., kick-off event for Making Waves, Thursday, February 2, 2017, 2:00 p.m. to 7:00 p.m.; Allen House Gallery, 2 Solomont Way, John Kaag Reading & Book Signing, Thursday, February 9, 2017, 3:00 p.m. to 7:00 p.m.; ETIC Atrium, 40 University Ave., Plastics 4.0, Thursday, February 23, 2017, 11:00 a.m. to 3:30 p.m.; License Commission minutes January 26, 2017 page 2 of 9 University Crossing 260, 220 Pawtucket St., Enable Fundraiser event, Thursday, February 23, 2017, 5:00 p.m. to 10:00 p.m. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve licenses for Tabatha Garnett, Catering Manager, Aramark. The Commission reviewed the application by Patricia Donahue, Gallery Z, 167 Market St., Jessie & Jamie - Performance, Saturday, February 11, 2017, 8:00 p.m. to 10:00 p.m. Patricia Donahue was present. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the license for Patricia Donahue. The Commission reviewed applications by Allison Turcotte, Mill No. 5, 250 Jackson St., 4th and 5th floors, Love Buzz IV marketplace, Saturday, February 4, 2017, 12:00 p.m. to 11:00 p.m. Allison Turcotte, Mill No. 5, 250 Jackson St., 4th floor, Innovation Nights, Wednesday, February 15, 2017, 5:00 p.m. to 11:00 p.m. Allison Turcotte, Mill No. 5, 250 Jackson St., 4th and 5th floors, Pulp & Press IV marketplace, Saturday, March 4, 2017, 12:00 p.m. to 11:00 p.m. Allison Turcotte, Mill No. 5, 250 Jackson St., 4th and 5th floors, Thread & Groove IV marketplace, Saturday, April 1, 2017, 12:00 p.m. to 11:00 p.m. Allison Turcotte, Mill No. 5, 250 Jackson St., 4th and 5th floors, Digs IV marketplace, Saturday, May 6, 2017, 12:00 p.m. to 11:00 p.m. Allison Turcotte was present. Chairman Descoteaux asked Ms. Turcotte if there would entertainment at each event. Ms. Turcotte stated there will be no entertainment. A follow-up question by Commissioner Donahue, Ms. Turcotte stated the events are for the benefit of shops and vendors. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve licenses for Allison Turcotte of Mill No. 5. The Commission reviewed the application by Susana Silva, 739 Central Street, Dinner reception for committee from Azores, Saturday, February 11, 2017, 7:00 p.m. to 12:00 a.m. Ms. Silva was present. Ms. Silva stated as a first time applicant that she understood the rules and regulations for sale and License Commission minutes January 26, 2017 page 3 of 9 service of alcohol beverages. The Commission approved the license for Ms. Silva on the motion by Commissioner Howe, second by Commissioner Donahue. The Commission reviewed the application by Kathleen Neville of Budget Buddies, Inc., UTEC, 35 Warren Street, LUNAFEST short film festival/Budget Buddies fundraiser, Friday, March 3, 2017, 7:00 p.m. to 10:00 p.m. Ms. Neville was present. Ms. Neville stated she anticipates approximately 200 to 250 people for the fundraiser. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, approved the license for Kathleen Neville of Budget Buddies, Inc. The Commission reviewed the application by Molyka Tieng, 161 Jackson Street, LWW: Women in the Mix Event, Thursday, March 9, 2017, 5:30 p.m. to 7:30 p.m. Molyka Tieng was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, approved the license for Molyka Tieng. The Commission reviewed the application by the Portuguese-American Center, Inc., all alcoholic beverages club licensee at 59 Charles Street, for change of manager to Ana De Medeiros. Ana De Medeiros was present. Ms. Medeiros stated that she has four years’ experience in bartending, and is TIPS certified. The Commission reviewed the record of the Portuguese-American Center on violations. The Alcoholic Beverages Control Commission cited the club licensee in 2013 and 2016 for violations - permitting gambling, operating an automatic amusement device for gambling, and keeping a building or room for a device in registering bets. Ms. Medeiros acknowledged the violations by the club. Ms. Medeiros stated that Manuel Pais is the manager of the club, and will be leaving as club manager. The Commission asked questions of Ms. Medeiros about her present employment with the club, and of her responsibility as club manager. Asst. City Wellock commented on the club manager change. After the discussion, the Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve Ana De Medeiros as manager of record for the Portuguese-American Center, Inc. The Executive Secretary stated to Ms. Medeiros that the application will be sent to the Alcoholic Beverages Control Commission for their review; and will need A.B.C.C. approval. License Commission minutes January 26, 2017 page 4 of 9 The Commission opened the public hearing on 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, three rooms, 2 entrances, 3 exits, proposed occupancy 48, 2,000 sq. ft. A legal notice was published in the Lowell Sun newspaper January 13, 2017; abutters are to be notified by applicant. It is requested that Kelvin Peralta be approved as manager of record for Flavor Grill, LLC. Flavor Grill, LLC has filed applications for licenses for common victualler, and entertainment in a licensed restaurant-live music, disc jockey, juke box. Kelvin Peralta was present. Attorney Michael Zaim was present as legal counsel for Flavor Grill, LLC. The Commission reviewed affidavit of notice to abutters, green return receipts and white postal slips. Attorney Zaim spoke on behalf of Mr. Peralta, presenting background information, the requests of restaurant patrons for beer or wine. Mr. Peralta is TIPS certified. Mr. Peralta, in response to a question from Commissioner Donahue, stated that he has had the restaurant for six months. The hearing was opened for public comment. There was no one present to speak in favor of or against the application by Flavor Grill, LLC. The hearing was declared closed, and the following action taken on the motion by Commissioner McCarthy, second by Commissioner Krieger: To approve license for malt beverages and wines only restaurant for Flavor grill, LLC for premises at 415 Lawrence Street for calendar year 2017; to approve Kelvin Peralta as manager of record; to approve licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, and juke box for calendar year 2017. The Commission opened the hearing on the 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, all alcoholic beverages restaurant licensee. The following individuals were present: Alan Kaplan, Tim Kelleher, Chad Darrigo, Atty. John J. Hartigan, legal counsel for The Middle Street Village, Inc., Alex Iby, and Lowell Police Officer Joseph Comtois. Attorney Hartigan waived reading of the Superintendent of Police notice to the License Commission dated November 30, 2016. Atty. Hartigan identified Chad Darrigo as an License Commission minutes January 26, 2017 page 5 of 9 employee of The Village Smokehouse. He was working at the establishment on November 12, 2016 when there was a fight in the vestibule of the establishment. Mr. Kelleher, an owner and manager on duty for The Village Smokehouse, filed an incident report with the License Commission Office [received 11-14-2016]. Atty. Hartigan presented copies of the police report filed of the fight incident and of an arrest made. Atty. Hartigan stated The Village Smokehouse took reasonable steps during a nasty situation. The security staff did what it was trained to do, ushering patrons to the door. Attorney Hartigan stated he did not know Mr. Iby. Deputy Superintendent Webb stated that the incident that Attorney Hartigan described and the incident report filed by Officer Comtois are not related. The Commission reviewed with Attorney Hartigan and Mr. Kelleher the time in which the incident described by Atty. Hartigan took place, 1:10 a.m. Mr. Darrigo presented his eyewitness account of the altercation. Officer Comtois introduced himself to the Commission and answered questions from Asst. City Solicitor Pappenheim about his meeting Alex Iby on November 12, 2016 at approximately 3:49 p.m., main desk, Lowell Police Station, 50 Arcand Drive. Alex Iby appeared before the Commission to answer questions about the incident report filed by Officer Comtois. Mr. Iby described that he was designated driver for friends, six individuals that had gone to The Village Smokehouse. At 12:30 a.m. he came in contact with several patrons, some pushing took place, and soon thereafter struck blindside on the face, fell to the ground, and became temporarily unconscious. Mr. Iby had no recollection of seeing bouncers; was told by a patron he needed medical attention; was handed an ice pack for his eye. Attorney Hartigan questioned Mr. Iby. Commissioner Donahue questioned Mr. Iby. Mr. Iby stated he did not report the incident to police officers who were outside the establishment. Chairman Descoteaux questioned Mr. Kelleher about the [occupant load]. Mr. Kelleher stated 402, and estimated that there were 300 to 350 people in the establishment [circa 1:10 a.m.], and the eight employees working security. Chairman Descoteaux asked Deputy Supt. Webb if there have been other incidents the last four weeks. Deputy Webb said there were none. Commissioner Howe stated that she finds the testimony of Mr. Iby credible; that the manner in which the issue was treated that night, [the licensee] License Commission minutes January 26, 2017 page 6 of 9 was in violation of the two regulations as indicated in the complaint. Chairman Descoteaux questioned Atty. Hartigan. A response by Atty. Hartigan about security, elicited an objection from Asst. Solicitor Wellock to the line of testimony . . . security not present [to testify]. Chairman Descoteaux commented about rules and regulations to be followed properly. Commissioner Krieger questioned Atty. Hartigan. Officer Comtois confirmed the incident report as everything told to him by Alex Iby. Commissioner McCarthy states security moving everyone out at the same time. Asst. Solicitor Pappenheim stated that in the first altercation no one [security] came to assist Mr. Iby; bar staff was aware that someone needed an ice pack, an assault happening; the Kelleher report to License Commission is woefully inadequate, no mention of the [names of] patrons involved in the vestibule. Chairman Descoteaux stated too many patrons to keep in line; concur there were reservations of security [to quell disturbance] on the dance floor. Atty. Hartigan stated that in six years, the Village Smokehouse has been here four times. Commissioner Donahue stated the one incident with Mr. Iby, the police are outside, notify police; failure to maintain dance floor, and failure to maintain order in the whole establishment. Commissioner Krieger stated in one incident security paying some attention; their attention needs to improve. At the conclusion of discussion, Chairman Descoteaux asked for a motion from the Commission. Commissioner Krieger made the motion for two days suspension of the all alcoholic beverages restaurant license granted and issued to The Middle Street Village Inc. for premises at 92-98 Middle Street for violations of License Commission Regulation Section 1.16, to wit “failure to maintain order and decorum in the licensed premises;” and Section 1.20, to wit “failure to notify the Lowell Police Department of any violation of law, disorder, or disturbance” on November 12, 2016, and that said suspension be held in abeyance, and that the licensee employ the right number of staff. There was no second to Commissioner Krieger motion. Commissioner Howe amended the motion of a two days suspension to be served by the licensee, second by Commissioner Donahue. Chairman Descoteaux asked for a roll-call vote. Chairman Descoteaux voted “yes,” Commissioner Krieger “no,” Commissioner McCarthy “yes,” Commissioner Howe “yes,” Commissioner Donahue License Commission minutes January 26, 2017 page 7 of 9 “yes.” The vote was four (4) yeas, one (1) nay, for the licensee, The Middle Street Village, Inc., to serve two (2) days suspension. After a brief discussion on the suspension period, Chairman Descoteaux stated the two days suspension will be served by The Middle Street Village, Inc. on Thursday, February 9, and Friday, February 10, 2017. The Commission reviewed the motion for continuance by Atty. Gregory D. Oberhauser on the matter of the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, dated 12-29-2016 against Gary’s Tipico, Inc., d/b/a Gary's Tipico Restaurant, 26 Andover St., Bantroy De Los Santos, Manager, all alcoholic beverages restaurant licensee. Gary De Los Santos was present. The Executive Secretary stated that Atty. Oberhauser called the License Commission office at 3:20 p.m., and emailed motion for continuance soon after his call. Chairman Descoteaux stated the motion for continuance came three (3) hours ago; requested Asst. Solicitor Wellock for his opinion on the matter. Gary De Los Santos stated that he felt he would represent himself, but two members of his family told him to have an attorney. Commissioner Howe made the motion to grant the continuance of the hearing to the meeting of February 16, 2017, second by Commissioner McCarthy. Chairman Descoteaux requested a roll-call vote; Chairman Descoteaux voted “no,” Commissioner Krieger voted “no,” Commissioner McCarthy voted “yes,” Commissioner Howe voted “yes,” Commissioner Donahue voted “yes.” The motion to continue the hearing to February 16, 2017 approved by the Commission three (3) yeas, two (2) nays. The Commission reviewed the communication from Eric Slagle, Director, Development Services Department, dated 1-11-2017 re: 493 Princeton Blvd., LLC, d/b/a Coelho Fuel & Repair, 493 Princeton Blvd., Lowell, MA 01851, Francisco Coelho, Owner. Chairman Descoteaux recommended that Director Slagle follow-up with additional review open lot at 493 Princeton Blvd. The communication from Director Slagle notes violations on January 5, 2017, and recently appears that the property owner has made improvements according to Chairman Descoteaux. Commissioner Krieger stated that there have been reports of violations in 2016. Chairman Descoteaux recommended the License Commission minutes January 26, 2017 page 8 of 9 Executive Secretary send correspondence to Director Slagle, requesting a follow-up review of violations cited on January 5, 2017. The Commission agreed not to have notice sent to the used car Dealer licensee [Coelho Fuel Inc.] to appear at the next meeting of February 16, 2017. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to adjourn the meeting at 8:15 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes January 26, 2017 page 9 of 9