License Commission

Minutes for the Lowell License Commission meeting for Thursday, May 11, 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 James Welloch, Assistant City Solicitor. Commissioner Krieger stated he spoke to the Executive Secretary about three typographical mistakes in the minutes. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, with corrections voted to approve the minutes for meeting April 27, 2017. The Commission reviewed the application for special one-day license to sell/dispense all alcoholic beverages by Michael Collins of Community Teamwork, Inc. at CTI, 126 Phoenix Avenue, "Come Play with Us" fundraiser, Thursday, May 25, 2017, 5:00 p.m. to 9:00 p.m. Mr. Collins was present; he explained that it is CTI’s annual spring gala; Cobblestones will provide the service for the event. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve the license for Michael Collins of Community Teamwork, Inc. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, ratified licenses issued April 28, 2017 to Tabatha Garnett, Catering Manager, Aramark, Allen House, 2 Solomont Way, Retirement Party - Health Sciences Department, Monday, May 1, 2017, 4:00 p.m. to 9:00 p.m.; and ETIC Atrium, 40 University Ave., Heroes Retirement Celebration, Friday, May 5, 2017, 2:00 p.m. to 6:00 p.m. Tabatha Garnett was present to answer questions. The Commission reviewed applications for special one-day license to sell/dispense malt beverages & wines only, or either one from the following individuals: License Commission minutes May 11, 2017 page 1 of 8 Susana Silva of PALYC, 739 Central Street, Fundraiser Dinner Dance, Saturday, May 13, 2017, 7:00 p.m. to 12:00 a.m.; and Queen's Ball 2017, Saturday, May 20, 2017, 6:00 p.m. to 12:00 a.m. Susan Silva was present. Kevin Camvan of Wat Lao Mixayaram, temple grounds at 45 Bernier St., fundraiser, Saturday, July 1, 2017, 12:00 p.m. to 8:00 p.m., and Sunday, July 2, 2017, 12:00 p.m. to 8:00 p.m. Kevin Camvan was present. Chairman Descoteaux questioned Ms. Silva and Mr. Camvan about their events. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to approve licenses for Susana Silva and Kevin Camvan. The Commission reviewed applications for special events permit for amplified outdoor public entertainment from the following individuals: Dalia M. Martins of Holy Ghost Society for sound system for band and/or disc jockey, outdoor amplification, for the months of May, June, July, August, September - 2017, Sunday to Wednesday - 10 a.m. to 10 p.m.; Thursday to Saturday - 10 a.m. to 12 a.m., outdoor grounds at Holy Ghost Park, 65 Village St. Lisa Sousa was present as representative. Kenneth Lavallee of Enterprise Bank, for the customer appreciation cook-out, Thursday, June 22, 2017 [rain date June 23], 11:30 a.m. to 2:30 p.m., disc jockey with sound system at the parking lot adjacent to Enterprise Bank, 222 Merrimack St. Elizabeth Mallon and Sarah Hartshorn were present as representatives. Robert J. Howard, Jr. of Dean Dairy Inc., d/b/a Heritage Farm, for DJ - Music, Bike Night for the Jimmy Fund, Tuesdays, May 23 to September 26, 2017, 6:00 p.m. to 9:00 p.m. at 163 Pawtucket Blvd. Robert Howard was present. License Commission minutes May 11, 2017 page 2 of 8 Kevin Camvan of Wat Lao Mixayaram of New England, sound system for band, for temple fundraiser, Saturday, July 1 and Sunday, July 2, 2017, 12:00 p.m. to 8:00 p.m., each day, fence enclosed grounds of temple, 45 Bernier St. Kevin Camvan was present. Commissioner McCarthy stated the amplification for Holy Ghost Park will end at 12:00 midnight [Thursday thru Saturday]. Commissioner McCarthy made the motion to approve the requests for special event permits for amplification, seconded by Commissioner Donahue, so voted. The Commission opened the public hearing on the application filed for new officers and directors for Portuguese American Center, Inc., all alcoholic beverages club licensee for premises at 59 Charles St. It is requested a change of manager of record to Roy M. Felix of Lowell. The following individuals were present: Roy M. Felix and Attorney Karen Simao, legal counsel for the Portuguese American Center, Inc. The Executive Secretary requested the Commission to consider a vote to enter into executive session to comply with, or act under the authority of, MGL Chapter 6 Section 172 regarding a review of information as a result of a background check with the Department of Criminal Justice Information Services. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted by roll-call to go into executive session: Chairman Descoteaux, aye; Commissioner Krieger, aye; Commissioner McCarthy, aye; Commissioner Howe, aye; Commissioner Donahue, aye. The Commission recessed the regular meeting at 6:10 p.m. It was announced by the Executive Secretary that at the conclusion of executive session in the Mayor’s Reception Room, the Commission will return to the Council Chamber in order to vote by roll-call to resume the regular meeting. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted by roll-call at 6:20 p.m. to resume the regular meeting. Attorney License Commission minutes May 11, 2017 page 3 of 8 Simao addressed the Commission about the application for change of officers and directors, and manager of record for the Portuguese American Center, Inc. Atty. Simao stated that Roy Felix has twenty years of experience with serving alcohol beverages, and that the licensee for continuity would like to have Roy as manager as he is full-time [employee], serving also as President and as a Director. Chairman Descoteaux opened the hearing for public comment. There was no one present who wished to speak in favor or against the application; that portion of the hearing was declared closed. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve change of officers and directors, and manager of record for the Portuguese American Center, Inc. The Commission opened the public hearing on 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. Konstantinos Cocalis was present. The Commission reviewed and ordered placed on file the affidavit for abutter notification, church and school within 500 feet, with white postal slips and return receipts, filed by Mr. Cocalis. The legal notice was published in the Lowell Sun newspaper April 28, 2017; abutters and church sent notice May 3, 2017. Chairman Descoteaux requested Mr. Cocalis approach the Commissioners table to explain the plan for seating in the parking lot, space to be reserved for tables and chairs. Mr. Cocalis stated that four (4) parking spaces will be taken with bollards put in place as a barrier; there will be no outdoor amplification. Chairman Descoteaux opened the hearing for public comment. There was no one present who wished to speak in favor or against the application; that portion of the hearing was declared closed. The Commission, on the motion by Commissioner Howe, License Commission minutes May 11, 2017 page 4 of 8 second by Commissioner Krieger, voted to approve the application by The New Olympia Restaurant, Inc. for alteration of premises. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to ratify the publication of a legal notice on May 19, 2017 for the application filed by BS Collaborative, Inc., d/b/a Fuji, Wen Qing Chen, President, for an all alcoholic beverages restaurant license for premises at 61 Merrimack Street, and the public hearing scheduled for June 1, 2017 at 6:00 p.m. in the City Council Chamber. The premises are 2 rooms, 1 entrance, 2 exits, and square footage 8,797. Ms. Yu Ping Li is proposed as manager of record for BS Collaborative, Inc. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, to License Commission dated May 8, 2017, alleging misconduct by LCRC, Inc., d/b/a Dudley's, Matthew J. Murphy, Manager, all alcoholic beverages restaurant licensee at 19 Merrimack St. Commissioner Donahue questioned the status of “interim manager” as written in the Superintendent’s letter to the Commission. Commissioner Donahue requested a review of the matter by the City Solicitor. The Executive Secretary stated the application for change of manager by LCRC, Inc. was approved by the License Commission [April 28, 2016], but A.B.C.C. has not approved the application because of Department of Revenue, and Unemployment Assistance has filed a protest because of unpaid taxes. Chairman Descoteaux stated the notice of hearing to LCRC, Inc. should include the manager of record without A.B.C.C. approval. Commissioner Krieger requested the alleged violation of the regulation for a promoter license to be an item for review when other licensees have been cited, suggesting an interim [second] meeting in May for a hearing to include other licensees who participated in the pub crawl on April 29th. The Commission discussed how they may proceed on the matter of the pub crawl; requesting a review by the Law Department of the social media event of a pub crawl. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to schedule the hearing for LCRC, Inc. on Thursday, June 1, 2017 at 6:00 p.m. to be held in the City Council Chamber, add to the notice of License Commission minutes May 11, 2017 page 5 of 8 hearing the alleged violation of Rule 1.15 Manager of Record, and delay hearing the allegation of Rule 2.12 Promoter License until additional information is available about other licensees that may have violated Rule 2.12 on April 29th. The Commission opened the hearing on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, in a communication to License Commission dated April 19, 2017 for 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, manager of record for the Licensee, Ilya Liviz, Esq., legal counsel for the Licensee, Officer Daniel J. Kingan and Sergeant Joseph Kelly of the Lowell Police Department. Officer Kingan testified to two early morning incidents of Friday, April 7, 2017 that involved Revolution. The first incident was an alleged assault of a patron in the establishment, reported to Officer Kingan by the patron, and to Sean Brine, manager of record for Revolution. Officer Kingan stated a patron alleged that while inside Revolution he was assaulted by four black males. Mr. Brine, Officer Kingan and the patron searched Revolution for the males but did not find them. Officer Kingan stated Sean Brine was cooperative. The second incident occurred outside the establishment of Revolution. Officer Kingan testified to Lowell Police Officers called to deal with an unruly crowd exiting Revolution approximately 1:30 a.m. which later involved an alleged assault with a “bowie knife” in hand. Sergeant Joseph Kelly testified to the call for back-up of police officers the morning of April 7th as patrons were exiting “Revolution.” He stated that after his arrival persons in the street reported an assault with a large knife. Officer Kingan stated that the alleged assailant was apprehended, that he had seen the alleged assailant directly in front of Revolution at closing time, and that the alleged assault took place between Revolution and Jimmy Johns on Merrimack Street. License Commission minutes May 11, 2017 page 6 of 8 Sean Brine and Attorney Ilya Liviz addressed the Commission. Mr. Brine stated he saw Officer Kingan with a patron outside, and offered assistance in the first incident. Commissioner Donahue stated there was no report to the Executive Secretary. Mr. Brine stated he did not report the first incident to the Commission because he thought that it did not warrant a report. Mr. Brine stated approximately 100 persons were exiting at closing time. Commissioner Krieger motioned to place on file the allegation that the licensee was in violation of Rule 1.16 of Alcoholic Beverages Regulations of the Lowell License Commission, to wit: failure to maintain order and decorum in the licensed premises and in the immediately surrounding area adjacent to the licensed premises, and to find the Licensee, LD Holdings, LLC (“Licensee”), 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, and to suspend the Licensee’s alcoholic beverages restaurant license for two (2) days, Thursday, June 1, and Friday, June 2, 2017. Commissioner McCarthy seconded the motion. Commissioner Donahue stated concern for the number of days of suspension, noting too much credence based upon the police report, the accumulative effect it will have [on the licensee], given the great deal of cooperation by the manager of record. Commissioner Krieger amended the motion by changing the suspension period from two days to one day, seconded by Commissioner Howe. Chairman Descoteaux called for a roll-call vote. The vote on the motion: Chairman Descoteaux – aye; Commissioner Krieger – aye; Commissioner McCarthy – nay; Commissioner Howe – aye; Commissioner Donahue – nay; motion passed three (3) ayes, two (2) nays. The Licensee is to serve a one-day suspension effective Thursday, June 1, 2017 at 8:00 a.m.; license to be surrendered June 1, 2017 at 9:00 a.m. in the Law Office, and will be available for pick-up at 9:00 a.m., Friday, June 2, 2017. License Commission minutes May 11, 2017 page 7 of 8 Commissioner McCarthy made the motion, seconded by Commissioner Krieger, to schedule public hearings for June 1, 2017 at 6:00 p.m. for the roll-back of hours of the licensee LD Holdings, LLC, d/b/a Revolution, at 74 Merrimack St., and LD Holdings, LLC, d/b/a Bar 74 Lounge & Grill, 76-86 Merrimack St. Chairman Descoteaux called for a roll-call vote. The vote on the motion: Chairman Descoteaux – aye; Commissioner Krieger – aye; Commissioner McCarthy – aye; Commissioner Howe – aye; Commissioner Donahue – aye; motion passed five (5) ayes. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to adjourn the meeting at 7:05 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes May 11, 2017 page 8 of 8