License Commission

Minutes for the Lowell License Commission meeting for Thursday, April 27, 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 James Welloch, Assistant City Solicitor. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the minutes for meeting April 6, 2017. The Commission reviewed the applications for public amusement licenses for Carnival by Dean & Flynn Inc., dba Fiesta Shows of Seabrook, NH, John A. Flynn, representative, Welcome/Festival Field, 381-501 Pawtucket Blvd., Fiesta Shows Carnival, Wednesday, May 24, 2017 to Saturday, May 27, 2017, and Monday, May 29, 2017, Wednesday to Friday 6:00 p.m. to 11:00 p.m.; Saturday and Monday 12:00 p.m. to 11:00 p.m.; and Fiesta Shows Carnival, Thursday, September 7, 2017 to Saturday, September 9, 2017, Thursday, Friday 6:00 p.m. to 11:00 p.m.; Saturday 12:00 p.m. to 11:00 p.m. John Flynn, when questioned by Chairman Descoteaux, stated Fiesta Shows will be coming to Lowell for 27 years. Fiesta Shows has been great to work with said Deputy Supt. Webb. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the licenses for public amusement for Carnival to Fiesta Shows. The Commission reviewed the applications for special one-day license to sell/dispense all alcoholic beverages: Edward Janeczak of Holy Trinity Parish, at the Parish Hall, 330 High Street, parish dance, Sunday, April 30, 2017 from 1:00 p.m. to 5:00 p.m. Edward Janeczak was present. Wilfred Mbah Njah of the Besongabang Elites Development Organization, at UTEC, 35 Warren Street, Besongabang Elites Development Organization event, Saturday, May 20, 2017, 9:00 p.m. to 12:00 midnight. Wilfred Njah was present. License Commission minutes April 27, 2017 page 1 of 10 Mr. Janeczak and Mr. Njah appeared before the Commission in 2016 for special one-day licenses; each person was granted a license. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve licenses for special one-day all alcoholic beverages to Edward Janeczak and to Wilfred Mbah Njah. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one: George S. Zaharoolis, President of the Holy Trinity Hellenic Orthodox Church, enclosed outdoor area on Worthen Street adjacent to Hellenic American Academy, 41 Broadway. George Zaharoolis was present. Greek Festival - Friday, May 19, 2017, 5:00 p.m. to 11:00 p.m.; Saturday, May 20th, 12:00 p.m. to 11:00 p.m., and Sunday, May 21st, 12:00 p.m. to 6:00 p.m. Joann Gumby of Gormley's Café, 139 East Merrimack Street, Mother's Day fundraiser for ovarian cancer, Sunday, May 14, 2017, 11:00 a.m. to 2:00 p.m. Joan Gumby was present. Nathan T. Kilbride of the Lowell Fire Fighters Association, fence enclosed area outside club premises at 362-364 Fletcher Street, Willie & Cross Sts., Lowell Fire Fighters road race, Sunday, June 4, 2017, 10:30 a.m. to 2:30 p.m. Nathan Kilbride was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve special one-day malt beverages and wines only licenses for George Zaharoolis, Joan Gumby, and Nathan Kilbride. The Commission reviewed the application by Michell Addo for a special one-day license for malt beverages and wines only for a wedding reception at UTEC, 35 Warren Street, Saturday, September 9, 2017, 5:00 p.m. to 10:00 p.m. Ms. Addo was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve special one-day malt beverages and wines only license for Michell Addo. The Commission reviewed the applications for special one-day licenses for malt beverages and wines only by Patricia Donahue, Gallery Z at 167 Market Street. Ms. Donahue was present. License Commission minutes April 27, 2017 page 2 of 10 Request to amend date from Saturday, April 29, 2017 to Saturday May 6, 2017, 7:00 p.m. to 9:00 p.m. for license granted [# 63SP2017] granted March 23, 2017, Earth Mother Artist Reception; Mother's Day Brunch, Sunday, May 14, 2017, 12:00 p.m. to 2:00 p.m.; Night of Music with David Warren, Saturday, May 20, 2017, 8:00 p.m. to 10:00 p.m.; Brunch with Steve Clements, Sunday, May 28, 2017, 12:00 p.m. to 2:00 p.m.; Art Opening Reception "Origins", Saturday, June 3, 2017, 7:00 p.m. to 9:00 p.m.; Artist Reception "Reflections II", Saturday, June 24, 2017, 7:00 p.m. to 9:00 p.m. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the amendment of license granted and issued to Patricia Donahue for April 29, 2017, and licenses for events May 14, 20, 28, June 3, and 24, 2017. Gabby Davis appeared before the Commission. The Commission reviewed the applications by Gabby Davis - Made in Lowell for special one-day licenses to sell/dispense malt beverages & wines only for the following events: The Mill Yard, 193 Jackson Street, Friday Nights!, Friday, May 12, 2017, 5:00 p.m. to 9:00 p.m. Lucy Larcom Park, MarketPlace, Friday, May 19, 2017, 5:00 p.m. to 9:00 p.m. Humanity Style, 128 Merrimack Street, Wine & Wander, Saturday, May 20, 2017, 3:00 p.m. to 6:00 p.m. Sweet Lydia's, 160 Merrimack Street, Wine & Wander, Saturday, May 20, 2017, 3:00 p.m. to 6:00 p.m. Owl Stamp Visual Solutions, 142 Middle Street, Wine & Wander, Saturday, May 20, 2017, 3:00 p.m. to 6:00 p.m. The Flower Mill, 183 Dutton Street, Wine & Wander, Saturday, May 20, 2017, 3:00 p.m. to 6:00 p.m. ALL Gallery, 307 Market Street, Wine & Wander, Saturday, May 20, 2017, 3:00 p.m. to 6:00 p.m. The Mill Yard, 193 Jackson Street, Friday Nights!, Friday, June 9, 2017, 5:00 p.m. to 9:00 p.m. The Mill Yard, 193 Jackson Street, Friday Nights!, Friday, July 14, 2017, 5:00 p.m. to 9:00 p.m. The Mill Yard, 193 Jackson Street, Friday Nights!, Friday, August 11, 2017, 5:00 p.m. to 9:00 p.m. The Mill Yard, 193 Jackson Street, Friday Nights!, Friday, October 13, 2017, 5:00 p.m. to 9:00 p.m. License Commission minutes April 27, 2017 page 3 of 10 The Mill Yard, 193 Jackson Street, Lowell Oktoberfest, Saturday, October 14, 2017, 12:00 p.m. to 8:00 p.m. Deputy Supt. Webb questioned the event scheduled for May 20, 2017, speaking on behalf on Superintendent Taylor; Deputy Supt. Webb stated the applicant is the same for each location which is a concern of the Superintendent of Police. Ms. Davis stated the event is a wine tasting similar as the beer tasting in 2016. Commissioner Donahue questioned Ms. Davis about Made in Lowell. Ms. Davis stated the [entity] is a 501(3) c non-profit that sponsors economic activity in a series of community events; Ms. Davis stated she is chief executive officer. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve licenses for Gabby Davis – Made in Lowell. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment. George S. Zaharoolis of the Holy Trinity Hellenic Orthodox Church appeared before the Commission for sound system - live music, d. j., Greek Festival at an enclosed outdoor area on Worthen St. adjacent to Hellenic American Academy, 41 Broadway, Fri., May 19, 2017 from 5:00 p.m. to 11:00 p.m., Sat., May 20, 12:00 p.m. to 11:00 p.m., and Sun., May 21, 12:00 p.m. to 6:00 p.m. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve the special events permit for George S. Zaharoolis of the Holy Trinity Orthodox Church. Gabby Davis of Made in Lowell appeared before the Commission for special events permit for amplified outdoor public entertainment - live music. Commissioner Krieger made the motion to amend the agenda regarding applications filed by Ms. Davis, to wit, changing “193 Merrimack Street” to “193 Jackson Street,” seconded by Commissioner McCarthy, so voted. Gabby Davis applications are the following: Friday Nights!, May 12, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., May 12, 2017, The Mill Yard, 193 Jackson Street MarketPlace, May 19, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., May 19, 2017, Lucy Larcom Park Friday Nights!, June 9, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., June 9, 2017, The Mill Yard, 193 Jackson Street License Commission minutes April 27, 2017 page 4 of 10 Friday Nights!, July 14, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., July 14, 2017, The Mill Yard, 193 Jackson Street Friday Nights!, August 11, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., August 11, 2017, The Mill Yard, 193 Jackson Street Friday Nights!, October 13, 2017, 5:00 p.m. to 9:00 p.m., 9:00 p.m., October 13, 2017, The Mill Yard, 193 Jackson Street Lowell Oktoberfest, October 14, 2017, 12:00 p.m. to 8:00 p.m., 8:00 p.m., October 14, 2017, The Mill Yard, 193 Jackson Street. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve special event permits for Gabby Davis – Made in Lowell. The Commission opened the public hearing on the application filed for new officers and directors for Holy Ghost Society, Inc., d/b/a Holy Ghost Society, all alcoholic beverages club licensee for premises at 65 Village Street. It is requested a change of manager of record to Dalia M. Martins of Lowell. Dalia Martins and Attorney Karen Simao, legal counsel for Holy Ghost Society, Inc., were present. Atty. Simao stated that the club licensee held the election of new officers, Dalia Martins is coming on as Treasurer; she recently became a board member. Chairman Descoteaux questioned if Ms. Martins reviewed the regulations. Atty. Simao spoke in behalf of Dalia Martins about having reviewed the regulations of the License Commission. Commissioner Krieger questioned if Ms. Martins is TIPS certified. Attorney Simao stated [Dalia] is in the process of receiving a TIPS certificate. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve the application by Holy Ghost Society, Inc. change of manager and officers/directors. Chairman Descoteaux temporarily stepped away from the meeting at 6:30 p.m.; Commissioner Krieger presiding. The Commission reviewed the applications for special one-day license to dispense wines only by Steve Syverson, President, Arts League of Lowell, Inc., 307 Market Street. Mr. Syverson was present. Artists reception - Gates Block Artists, Sunday, May 7, 2017, 2:00 p.m. to 4:00 p.m. License Commission minutes April 27, 2017 page 5 of 10 Artists reception - Brothers Lichtenstein (working title), Saturday, June 3, 2017, 4:00 p.m. to 9:00 p.m. Artists reception - Exposed 2017: Shadow Play, Saturday, July 15, 2017, 4:00 p.m. to 6:00 p.m. Artists reception - Fiber & Fashion, Saturday, August 26, 2017, 4:00 p.m. to 6:00 p.m. Artists reception - It's Primarily Secondary: Purple, Orange, Green, Saturday, October 21, 2017, 4:00 p.m. to 6:00 p.m. Artists reception - Holiday Treasures, Saturday, December 9, 2017, 6:00 p.m. to 8:00 p.m. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve licenses to dispense wines only for Steve Syverson. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to schedule a hearing on May 11, 2017 at 6:00 p.m. in the City Council Chamber on the allegations of misconduct against LD Holdings, LLC, d/b/a Revolution, Sean Brine, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St. as filed in a communication from William M. Taylor, Superintendent of Police, to License Commission dated April 19, 2017. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to schedule a public hearing on June 1, 2017 at 6:00 p.m. in the City Council Chamber on the application filed by Rizzo’s Lowell Inc., George A. Rozopoulos, President, for a malt beverages and wines only restaurant license for premises at 129-131 East Merrimack Street, four (4) rooms, 4 entrances, 4 exits, indoor area 3,277 sq. ft. It is requested that George Rozopoulos be approved as manager of record for Rizzo’s Lowell Inc. Rizzo’s Lowell Inc. has filed applications for license for common victualler, and for automatic amusement device. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to ratify the publication of a legal notice for April 28, 2017 in the Lowell Sun newspaper, and the public hearing date for May 11, 2017 at 6:00 p.m. in the City Council Chamber on the matter of the application by The New Olympia Restaurant, Inc., Konstantinos P. Cocalis, Manager, all alcoholic beverages restaurant licensee at 453-457-471 Market Street, for alteration of premises for patio and outdoor area of parking lot, approximately 1,368 square feet. License Commission minutes April 27, 2017 page 6 of 10 Chairman Descoteaux present, 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 April 3, 2017 for LD Holdings, LLC, d/b/a Revolution, Sean Brine, Manager, all alcoholic beverages restaurant licensee at 74 Merrimack St. The following individuals appeared before the Commission: Sean Brine, manager of record for the Licensee, Ilya Liviz, Esq., legal counsel for the Licensee, Detective Linda Coughlin, and Officer Bernard Belanger of the Lowell Police Department, Kathleen Bosse and Kelsie Blood, students of Merrimack College. Attorney Liviz waived reading of the Superintendent’s letter alleging misconduct by LD Holdings, LLC, d/b/a Revolution. Attorney Liviz submitted a type-written report to the Commission in answer to the allegation of four (4) counts in violation of M.G.L. c. 138, s. 34 – the Licensee takes all possible measure to avoid sale or delivery of an alcohol beverage to a person under 21 years of age; as for illegalities alleged to have occurred, an employee of the Licensee was terminated, and a new employee was hired who is highly regarded in identifying minors that may attempt to enter the establishment. Assistant Solicitor Welloch addressed the Commission, calling witnesses Police Officer Belanger, Police Detective Coughlin, and students Kathleen Bosse and Kathleen Blood. Detective Coughlin and Officer Belanger testified to an investigation of a missing person report filed with the Lowell Police Department in the early morning of Friday, March 24, 2017. As a result of this investigation, Detective Coughlin had reported (police report No. 2017- 0005363A) that Revolution had sold alcoholic beverages to persons under the age of 21. The missing person was Kathleen Bosse, 19 years of age. Attorney Liviz stated he had not received a copy of another police report. Deputy Supt. Webb stated a second report was not included in the original communication to the Commission. Atty. Liviz questioned Officer Belanger. Asst. Solicitor Wellock questioned Detective Coughlin. Attorney Liviz questioned Detective Coughlin. Kathleen Bosse was questioned by Asst. Solicitor Welloch. Ms. Bosse testified that she entered Revolution on March 23rd by using a false ID, which was her older sister’s MA driver’s license; purchased an alcohol beverage, and was served said beverage from a female bartender at the bar. Kelsie Blood, 19 years of age, was questioned by Asst. Solicitor Welloch. Ms. Blood testified to the activity on the night of March 23rd and the early morning of License Commission minutes April 27, 2017 page 7 of 10 March 24th at Revolution. Ms. Blood stated she used a Rhode island driver’s license, while other students of Merrimack College who were in her company, Jake Brito (20), Kevin Sullivan (20), and Mike Leavitt, each used false identifications, entered Revolution approximately 10:15 p.m., March 23rd and were later served alcoholic beverages, purchased from male and female bartenders. Atty. Liviz questioned Ms. Blood. Deputy Supt. Webb presented the Rhode Island and Pennsylvania IDs used at Revolution by Kelsie Blood, Jake Brito, Kevin Sullivan, and Mike Leavitt; the Massachusetts ID used by Kathleen Bosse, which is a valid ID of another person. Commissioners Donahue and Howe questioned Kelsie Blood. Sean Brine was questioned by Commissioner Howe. Chairman Descoteaux and Commissioner Krieger questioned Mr. Brine. Mr. Brine stated that employees are trained to examine identifications of persons seeking to enter the establishment, and acknowledged that a scanner would be reasonable for employees to use at the entrance for checking identifications. Atty. Liviz stated the licensee made a good faith basis for checking the IDs, and there was no violation as written in accordance with section 34 of M.G.L. 138, and 204 CMR 2.05 (2); the establishment has confiscated IDs from individuals who are underage which were submitted to the Commission for review. Atty. Liviz stated an employee of Revolution was terminated, and a new employee hired who is highly regarded in identifying minors that may attempt to enter the establishment. Asst. Solicitor Welloch stated a violation of section 34 took place. Commissioner Krieger made the motion for four days suspension, and subsequently motion for three (3) days suspension to be served May 10, 11, 12, 2017, after Atty. Liviz in consultation with LD Holdings management agreed to waive right to appeal decision of the Commission. Commissioner Krieger’s motion was seconded by Commissioner McCarthy. Chairman Descoteaux stated the motion for suspension of license, after the alcohol beverage license has been surrendered in the Law office include the condition that the alcohol beverages license not be returned until there is proof that a scanning device has been purchased by Revolution to examine a Massachusetts driver’s license and identification card, or passport, otherwise the liquor license will be held in the Law office. The Commission voted unanimously to suspend the license for three days with condition. License Commission minutes April 27, 2017 page 8 of 10 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 April 3, 2017 for 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 following individuals were present: David E. Heeley, Jr., manager of record for the Licensee, Sean Brine, manager of record for Licensee’s establishment “Revolution,” Ilya Liviz, Esq., legal counsel for the Licensee, Detective Linda Coughlin, and Officer Bernard Belanger of the Lowell Police Department; Kathleen Bosse and Kelsie Blood, students of Merrimack College. Asst. Solicitor Welloch questioned Kathleen Bosse, age (19. She testified that after 1:00 a.m. she entered “Bar 74” with permission from a staff person to use the ladies restroom. Ms. Bosse testified that she lost consciousness in the restroom until approximately 4AM. At that time, she exited the ladies restroom and interacted briefly with two male persons in the bar who offered to give her a ride home. She declined their offer and took an Uber back to the college campus. Chairman Descoteaux questioned Mr. Heeley. Mr. Heeley stated that he left “Bar 74” at 2:30 a.m. on March 24th, and did not find out about Kathleen Bosse’s presence in the licensed establishment until two (2) days later [Monday, March 27]. Commissioner Donahue, speaking to Mr. Heeley, noted the truth of Detective Coughlin’s testimony. Commissioner McCarthy stated too much going on in the establishment [at closing], a good look at your policy is needed. Commissioner Howe stated the complaint is egregious; [Ms. Bosse] could have been in need of assistance; could have died. The signage on the front window is over-due for change which reads “Mill City.” Attorney Liviz submitted a type-written report to the Commission in answer to the allegations that an employee of the Licensee was terminated; the Licensee’s Owner, Lauren Disalvo, issued a written memorandum to LD Holdings employees regarding checking the licensed establishment, and Massachusetts issued IDs. Attorney Liviz maintained that no violation occurred by “Bar 74.” Atty. Liviz questioned Sean Brine about security check. Mr. Brine stated a security sweep of “Bar 74” and “Revolution” was done by the security staff between 2:00 a.m. and 4:00 a.m., suggesting to the Commission that Kathleen Bosse entered the ladies restroom after 2:00 a.m., at a point in time after security checked for patrons. Mr. Brine stated that he saw Kathleen Bosse inside “Bar 74” at License Commission minutes April 27, 2017 page 9 of 10 approximately 4:00 a.m., when she emerged from the ladies restroom, speaking to her briefly, as she hurried out to leave the establishment. Kelsie Blood, age 19, also testified that she, Ms. Bosse and their other friends left Revolution from the third floor, down the stairs; Kathleen Bosse then requested of the doorman at Bar 74 Lounge & Grill [1st floor] to use the ladies restroom. The Bar 74 doorman allowed Ms. Bosse inside. Ms. Blood stated that she and the others waited for Ms. Bosse from approximately 1:30 a.m. to 3:00 a.m. outside the “Bar 74.” Ms. Blood requested of security staff to be allowed entry into “Bar 74” so she could check on Kathleen, but Ms. Blood was denied entry by security staff, and at the same time told that there was no one inside the ladies restroom. Kelsie Blood did return to Merrimack College campus, and reported to campus police that her friend, Kathleen Bosse, was missing and where she was last seen, “Bar 74.” Mr. Heeley and Mr. Brine did not file a report of the incident with the Commission, and did not communicate with the Lowell Police about the incident. Commissioner Krieger made the motion for five days suspension for violation of item # 1 Failure to maintain order and decorum in the premises, in violation of rule 1.16 of the Alcoholic Beverages Regulations of the Lowell License Commission; and violation of item 3 Failure to notify the Lowell License Commission of a police response to the licensed premises in violation of rule 1.16 of the Alcoholic Beverages Regulations of the Lowell License Commission. Commissioner Krieger stated there is no violation of item # 2, that is, allegation of not cooperating with Lowell police. The motion was seconded by Commissioner Howe. Chairman Descoteaux called for a vote by roll-call. Vote: Chairman Descoteaux – yes; Commissioner Krieger – yes; Commissioner McCarthy – no; Commissioner Howe – yes; Commissioner Donahue – no; three (3) yeas, two (2) nays. The Commission voted to suspend the alcoholic beverages restaurant license for five (5) days from Wednesday, May 17 at 8:00 a.m. to Monday, May 22, 2017, 8:00 a.m. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 9:00 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. **** License Commission minutes April 27, 2017 page 10 of 10