License Commission

Minutes for the Lowell License Commission meeting for Thursday, April 6, 2017 at 6:00 p.m., held in the City Council Chamber, 2nd floor, City Hall, 375 Merrimack St., Lowell, MA 01852. Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Terry McCarthy, Martha Howe, and Joseph Donahue; and Deputy Superintendent Jack Webb of the Lowell Police Department, and Hannah Pappenheim, Assistant City Solicitor. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve the minutes for meeting March 23, 2017. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to take the following action: Cancelled the special one-day malt beverages & wines only, or either one license, 5SP2017, granted September 1, 2016, Elizabeth Kegley of the Merrimack Repertory Theatre, 132 Warren St., Lowell, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, April 26, 27, 28, 29, 30, May 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21 - 2017 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. License issued September 2, 2016; approved the credit license fee paid for original license. Cancelled the special one-day malt beverages & wines only, or either one license, 8SP2017, granted December 15, 2016, Tabatha Garnett, Catering Manager, Aramark, North Campus Parking Garage, 293 Riverside St., Athletics Homecoming, Saturday, April 22, 2017. License issued February 2, 2016; approved the credit of license fee paid for original license. Cancelled the special one-day malt beverages & wines only, or either one license, 45SP2017, granted February 16, 2017, Tabatha Garnett, Catering Manager, Aramark, ETIC Atrium, Provost Speakers Series, Friday, April 7, 2017. License issued February 23, 2016; approved the credit of license fee paid for original license. License Commission minutes April 6, 2017 page 1 of 10 Cancelled the special one-day malt beverages & wines only, or either one, 64SP2017, Tabatha Garnett, Catering Manager, Aramark, ETIC Atrium, 40 University Ave., Retirement party for Michelle Vercellin, Friday, March 31, 2017, 2:00 p.m. to 6:00 p.m. License granted March 23, 2017; license not issued due to event cancelled March 30, 2017 because of weather forecast. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to amend the special one-day malt beverages & wines only, or either one license, 17SP2017, Allison Turcotte, 250 Jackson St., Ste. 401, Lowell, MA 01852, Mill No. 5, 250 Jackson St., 4th and 5th floors, Thread & Groove IV marketplace, Saturday, April 8, 2017, from April 1, 2017, 12:00 p.m. to 11:00 p.m. [granted January 26, 2017]; and the special one-day malt beverages & wines only, or either one, 59SP2017, Patricia Donahue, 167 Market St., Lowell, Gallery Z, 167 Market St., Artist Reception, Friday, April 7, 2017, from April 1, 2017, 7:00 p.m. to 9:00 p.m. [granted March 23, 2017]; The Commission reviewed the applications for special one-day license to sell/dispense all alcoholic beverages: Marc Clermont of Miracle Providers Northeast, Inc., The Onyx Room, 122 Western Ave., Charity Fashion Show for the Miracle Providers Northeast - Wearable Art Extravaganza, Saturday, May 6, 2017, 6:00 p.m. to 11:00 p.m. Marc Clermont was present. Suzzanne Cromwell of Mill City Grows, Mill City Grows Farm to Cocktail Fundraiser at UTEC, 35 Warren Street, Wednesday, June 14, 2017, 5:30 p.m. to 8:30 p.m. Suzzanne Cromwell was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve the licenses for Marc Clermont of Miracle Providers Northeast, Inc., and Suzzanne Cromwell of Mill City Grows. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one: License Commission minutes April 6, 2017 page 2 of 10 Tabatha Garnett, Catering Manager, Aramark, at University Crossing, 220 Pawtucket Street, Difference Maker Idea Challenge Finals, Wednesday, April 19, 2017, 5:00 p.m. to 10:00 p.m. Tabatha Garnett was present. James O'Hearn of Pollard Library Foundation, Pollard Memorial Library, 401 Merrimack Street, Memorial Hall, Pollard Memorial Library, 401 Merrimack St., 11th Annual Meet the Author Night featuring Andre Dubus III, Thursday, May 4, 2017, 6:00 p.m. to 8:00 p.m. James O’Hearn was present. Brenda Gould of Habitat for Humanity of Greater Lowell, Western Avenue Studios & Lofts, 122 Western Avenue, Comedy Night, Friday, April 28, 2017, 8:00 p.m. to 9:30 p.m. Brenda Gould was present. Professor Mignon Duffy of UMass-Lowell Center for Women & Work, Global Casework Summit at UTEC, 35 Warren Street, Thursday, June 1, 2017, 5:00 p.m. to 8:00 p.m. Prof. Mignon Duffy was present. Marianna Wood of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, April 26, 27, 28, 29, 30, May 3, 4, 5, 6, 7, 10, 11, 12, 13, 14, 17, 18, 19, 20, 21 - 2017 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Marianna Wood was present. Constantine Tsioulis of Transfiguration Greek Orthodox Church, at 25 Fr. John Sarantos Way, Greek Festival '17, Friday, June 2, 2017, 12:00 noon to 10:00 p.m., and Saturday, June 3, 2017, 11:00 a.m. to 11:00 p.m. Constantine Tsioulis was present. Commissioner Donahue announced to the Chairman that he knows James O’Hearn, and can be impartial in reviewing the application for the Pollard Library Foundation event. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the licenses for Tabatha Garnett, James O’Hearn, Brenda Gould, Professor Mignon Duffy, Marianna Wood, and Constantine Tsioulis. License Commission minutes April 6, 2017 page 3 of 10 The Commission reviewed the application by Merrimack Repertory Theatre, Marianna Wood, representative, for “Charity Wine Pouring License” for Friday, June 9, 2017 at the UMass Lowell Inn & Conference Center, 50 Warren St. Marianna Wood was present. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the application for “Charity Wine Pouring License;” application is subject, also, to approval by the Alcoholic Beverages Control Commission. The Commission reviewed applications for special events permit for amplified outdoor public entertainment: Sambath Bo of Clemente Park Committee, Roberto J. Clemente Park, 803 Middlesex St., live band and performances, MCs, at the Annual Khmer New Year Celebration at "Pailin Park", Saturday, April 22, 2017, rain date Sunday, April 23rd, 11:00 a.m. to 5:00 p.m. Jon Cheam was present as representative. Deputy Supt. Webb stated that the event has caused no difficulty. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the special event permit for Sambath Bo of Clemente Park Committee. Constantine Tsioulis of the Transfiguration Greek Orthodox Church, sound system on the church grounds at 25 Fr. John Sarantos Way, Greek Festival '17, Friday, June 2nd from 12:00 noon to 10:00 p.m.; Saturday, June 3, 2017 from 11:00 a.m. to 11:00 p.m. Commissioner Krieger stated Mr. Tsioulis presence earlier at the meeting was duly noted, motioning to approve the request for the special events permit for Greek Festival ’17, seconded by Commissioner Donahue, so voted. Bianca Mauro, DIY Lowell c/o Coalition for a Better Acre, stage audio, local small bands, background music for cultural performances, Points of Light Lantern Celebration, Sunday, April 22, 2017, 3:00 p.m. to 9:00 p.m. (sound-check 3 p.m. to 5 p.m.), 9:00 p.m., April 22, 2017, Ecumenical Plaza @ Jefferson Street. Bianca Mauro was present. Bianca Mauro, Cultural Organization of Lowell, Creaticity - Arts & Makers Festival, stage PA & delays, local bands, dance groups, theatre, poetry, spoken word, Creaticity - Lowell Arts & Makers License Commission minutes April 6, 2017 page 4 of 10 Festival, Saturday, September 16, and Sunday, September 17, 2016, 12:00 p.m. to 6:00 p.m., both days, 6:00 p.m., September 17, 2017, park in front of Market Mills, Market St.; Bianca Mauro, Lowell Kinetic Sculpture Race, speakers on sticks, announcer, DJ, 2017 Lowell Kinetic Sculpture Race, Saturday, September 23, 2017, 8:00 a.m. to 2:00 p.m., 2:00 p.m., September 23, 2017, Lot A off Hall Street; Bianca Mauro, Lowell Kinetic Sculpture Race, small stage audio, local band, 2017 Lowell Kinetic Sculpture Race, Saturday, September 23, 2017, 8:00 a.m. to 4:00 p.m., 4:00 p.m., September 23, 2017, on the street in front of the park @ Market Mills, Market St.; Bianca Mauro, Lowell Kinetic Sculpture Race, stage PA, local band, announcer, DJ, 2017 Lowell Kinetic Sculpture Race, Saturday, September 23, 2017, 10:00 a.m. to 5:00 p.m., 5:00 p.m., September 23, 2017, Sampas Pavillion. Deputy Supt. Webb stated last year’s Kinetic event went-off better than expected. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve special event permits requested by Ms. Mauro. The Commission open the public hearing on the application by Courtyard Management Corporation, d/b/a Courtyard by Marriott, Margery A. Breneman, Assistant Secretary, all alcoholic beverages hotel licensee at 30 Industrial Ave., East, for the alteration of licensed premises, as follows: remodeling existing licensed space into a bistro, new plumbing and electrical for refrigeration, food preparation, adding architectural finishes. Attorney Joseph Devlin and Michael Lessard, manager of record for Courtyard by Marriott were present. The Commission reviewed affidavit of notice to abutters, green return receipts and white postal slips. Attorney Devlin stated the Marriott will “refresh” the restaurant, offer a seating for fifty (50). Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of or against the application by Courtyard Management Corporation. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the application for alteration of premises by Courtyard Management Corporation. License Commission minutes April 6, 2017 page 5 of 10 The Commission opened the public hearing on the application by MBOA Alliance, LLC, Stanley T. Tabi, LLC Manager, for an all alcoholic beverages restaurant license for premises at 135 Central Street, two rooms on first floor, one room in basement, total square footage 3500, two entrances, three exits. It is requested that Stanley T. Tabi be approved as manager of record for MBOA Alliance, LLC. MBOA Alliance, LLC has filed applications for the following licenses: common victualler; entertainment in a licensed restaurant – live music, disc jockey, juke box. Stanley T. Tabi was present. The Commission reviewed affidavit of notice to abutters, green return receipts and white postal slips. Commissioner Donahue questioned Mr. Tabi about the plan for the basement. Mr. Tabi stated the basement would be used for birthday parties to some extent, anticipating occupancy of 40 to 50. Commissioner Howe questioned Mr. Tabi about his prior experience, and understanding of the regulations. Mr. Tabi noted his legal background, his work experience in Waltham, and acknowledged his review of the regulations. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor. Sam Litvin, an abutter living in a condominium across from the rear of 135 Central St., addressed the Commission about the backdoor as a means of egress. Mr. Litvin is concerned that patrons will be using the adjacent open space to the canal when the backdoor is open. The Executive Secretary stated the use of the open space by patrons of the previous licensee could be a problem at times. The licensee had no authorization to use the open space to serve alcohol beverages. Mr. Tabi was advised by the Commission to contact the Office of Development Services regarding obtaining a certificate of inspection in order to have the occupancy for the 1st floor and basement, and health inspection for food service. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to grant the all alcoholic beverages restaurant license to MBOA Alliance, LLC for the premises at 135 Central Street; approve Stanley T. Tabi as manager of record for MBOA Alliance, LLC; and grant license for common victualler, and entertainment in a licensed restaurant – live music, disc jockey, juke box to MBOA Alliance, LLC for 2017. License Commission minutes April 6, 2017 page 6 of 10 The Commission opened the public hearing on the application by Main Street Massachusetts, LLC, David J. Heller, LLC Manager, for the transfer of the all alcoholic beverages restaurant license from Diamond Action, Inc., d/b/a Lowell Spinners, Brian C. Lindsay, Manager, for premises 450 Aiken Street, Edward A. LeLacheur Park, an open air baseball stadium, 243,271 square feet, seven entrances, fifteen exits. It is requested that Brian C. Lindsay be approved as manager of record for Main Street Massachusetts, LLC. Main Street Massachusetts, LLC has filed applications for the following licenses: common victualler; public amusement for professional baseball. Main Street Massachusetts, LLC filed application for special events permit for amplified outdoor public entertainment at LeLacheur Park for music, video, public address in conjunction with baseball games, concerts, shows in calendar year 2017. Atty. Pamela Pardoe and Brian Lindsay were present. Attorney Pardoe addressed the Commission on behalf of Main Street Massachusetts, and the LLC manager David Heller. Commissioner Howe stated her appreciation for Mr. Heller’s investment in the City of Lowell. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of or against the application by Main Street Massachusetts, LLC. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve the transfer of the all alcoholic beverages restaurant license from Diamond Action, Inc., d/b/a Lowell Spinners, to Main Street Massachusetts, LLC, David J. Heller, LLC Manager; approve Brian C. Lindsay as manager of record for Main Street Massachusetts, LLC; and grant license for common victualler, license for public amusement, and for special events permit for calendar year 2017. The Commission opened the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, in a communication to License Commission dated March 20, 2017, against LD Holdings, LLC, d/b/a Revolution, Sean Brine, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St. The following individuals were present: Sean Brine, Lauren DiSalvo, LLC Manager, and Ilya Liviz, Esq., legal counsel for LD Holdings, LLC. Sergeant Jonathan Noone of License Commission minutes April 6, 2017 page 7 of 10 the Lowell Police department was present. The allegations of misconduct are reported to have occurred on March 3, 2017: ⋅ Failure to display a Liquor License to sell alcoholic beverages , i n violation of 204 CMR 2.01 (10) and Rule 1.13 of the Alcohol Beverages Regulations of the Lowell License Commission; ⋅ Failure to post a “cover char ge” on the outside of the licensed premises, or provide a receipt for s aid char ge, in violation of 204 CM R 2.16 (1) and Rule 2.16 of the Alcohol Beverages Regulations of the Lowell License Commission; ⋅ Failure to display an Alcoholic Beverages Control Commission warning sign regarding the penalties for Dri ving Under the Influence, in vi olation of M.G.L. c. 138 s. 34D; ⋅ Use of a promoter without obtaining a separate promotion li cense from the Lowell License Commission, in violation of Rule 2.12 of the Alcohol Beverages Regulations of the Lowell License Commiss ion; ⋅ Failure to keep the licensed premises in a clean and sanitar y condition, in violation of 204 CMR 2.05 (8). Attorney Liviz submitted type-written communications for License Commission consideration: a cover letter outlining items, as follows: a letter with five bullet points, each one is a response to each allegation of misconduct; a copy of communication dated April 4th, 2017 to the promoter Kiel David of Don’t Stop Entertainment; a copy of memo dated April 4th, 2017 from Sean Brine to employees of LD Holdings, LLC; and copy of Lowell Board of Health food establishment inspection report, dated 3/16/17, for Revolution, 74 Merrimack St. Attorney Liviz stated the promoter has been terminated; that there was a review of the requirements [of the License Commission]. Atty. Liviz displayed the A.B.C.C. signage which is posted on the premises. Atty. Liviz requested the Commission issue a warning in consideration of the recent transition from the previous licensee [Mill City Ballroom]. Chairman Descoteaux stated the basic 101 step for the manager of record is to insure that the liquor license is properly displayed for public view. Mr. Brine stated that the license arrived the same day that Lowell police did their inspection. Attorney Liviz and Ms. DiSalvo stated that the [non-compliance] will not happen again. Commissioner Howe, in reference to the public hearing January 12, 2017 when the glossy brochure for LD Holdings, LLC was presented, the fourth allegation, a violation of Ruler 2.12, use of a promoter without a license, is not acceptable; you knew [the Commission’s] intention. License Commission minutes April 6, 2017 page 8 of 10 Mr. Brine stated that there was the transitional period, and apologized for not being aware of the regulation. Commissioner Donahue stated that after the presentation [January 12, 2017] . . . [the incident shows] a complete lack of compliance with the regulations; promises have not been kept; concern about the inability to run the operation, to appreciate the issues. Commissioner Krieger, noting the termination of the promoter, questioned who was responsible to get the promoter license? Ms. Disalvo stated the matter of the promoter was not handled the right way; Sean would be responsible. Commissioner Krieger stated the previous [licensee] got in trouble [over] promoters. Chairman Descoteaux requested Sergeant John Noone to offer testimony. Sgt. Noone stated that at the time of the police investigation, alcohol [beverages] was being served, and that Sean was very cooperative. Commissioner Krieger stated that [management] is to familiarize with the alcohol beverages regulations. Chairman Descoteaux noted that the major flaw of not having the license on display. Commissioner Krieger made the motion to suspend the all alcoholic beverages restaurant license for three (3) days for violations as charged by the Superintendent of Police, and to place the suspension in abeyance for one (1) year [April 6, 2018]. Chairman Descoteaux requested a ‘second’ to Commissioner Krieger’s motion. Chairman Descoteaux seconded the motion. Chairman Descoteaux requested a ‘roll-call’ vote. Vote: Chairman Descoteaux – yes; Commissioner Krieger – yes; Commissioner McCarthy – yes; Commissioner Howe – yes; Commissioner Donahue – yes; five (5) yeas, motion approved. The Commission reviewed the communications from William M. Taylor, Superintendent of Police, to License Commission dated April 3, 2017, alleging misconduct by LD Holdings, LLC, d/b/a Revolution, Sean Brine, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St., and LD Holdings, LLC, d/b/a Bar 74 Lounge & Grill, David E. Heeley, Manager, all alcoholic beverages restaurant licensee at 76-78 Merrimack St. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to schedule hearing for LD Holdings, LLC, d/b/a Revolution, and hearing for LD Holdings, LLC, d/b/a Bar 74 Lounge & Grill, for Thursday, April 27, License Commission minutes April 6, 2017 page 9 of 10 2017 at 6:00 p.m. to be held in the City Council Chamber; furthermore, that witnesses are to be present to testify at the hearing for LD Holdings, LLC, d/b/a Revolution. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to adjourn the meeting at 7:15 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. **** License Commission minutes April 6, 2017 page 10 of 10