License Commission

Minutes for the Lowell License Commission meeting for Thursday, June 22, 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 Terry McCarthy, Martha Howe, and Joseph Donahue; and Deputy Superintendent Jack Webb of the Lowell Police Department, and Michael Carlson, Assistant City Solicitor. Absent: Commissioner Clifford Krieger The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve minutes for meeting June 1, 2017. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one for Lowell Folk Festival: Anthony Contarino of TreMonte Restaurant Group, LLC, enclosed outdoor area @ 44 Palmer St., when Palmer St. closed for motor vehicles, Friday, July 28, 2017, Saturday, July 29, 2017, and Sunday, July 30, 2017; Hours - Friday 6 p.m. to 11 p.m., Saturday 12 p.m. to 11 p.m., and Sunday 12 p.m. to 6 p.m. Reed Enos, General Manager, representative, was present. Mr. Enos stated that the addition of one more row for sidewalk seating to the curb; there will be high-top tables at Middle St., corner of Palmer St. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to grant special one-day licenses for malt beverages & wines only, or either one to Anthony Contarino of TreMonte Restaurant Group, LLC for July 28, 29, 30, 2017. The Commission reviewed the applications for special one-day licenses to sell/dispense malt beverages & wines only, or either one: Tabatha Garnett, Catering Manager, Aramark, event at the Allen House, 2 Solomont Way, Associate Dean's Council Gathering, Thursday, June 29, 2017, 3:00 p.m. to 6:30 p.m. Tabatha Garnett was present. Kelly Fox of Greater Lowell Road Runners for the GLRR Family Day, Sunday, July 30, 2017, 12:00 p.m. to 4:00 p.m. at Shedd Park Pavilion. Kelly Fox was present. Ms. Fox stated that the Greater Lowell Road Runners have had the Family Day for the past two years. The Commission, on the motion by License Commission minutes June 22, 2017 page 1 of 5 Commissioner Donahue, second by Commissioner Howe, voted to grant special one-day licenses for malt beverages & wines only, or either one to Tabatha Garnett of Aramark for June 29, 2017, and Kelly Fox of Greater Lowell Road Runners for July 30, 2017. The Commission reviewed applications for special events permit for amplified outdoor public entertainment. The Commission continued to July 13, 2017 the matter of applications from John Marciano of Lowell Festival Foundation because of his absence for the Lowell Folk Festival, Friday, July 28, Saturday, July 29, Sunday, July 30, 2017 - live music, sound system, at Boarding House Park, French & John Sts. / JFK Plaza, City Hall, Arcand Dr. / St. Anne's Churchyard, 8 Kirk St. / Dutton Street Dance Pavilion at NPS parking lot /, Market Street Stage, 246 Market St. / Lee Street Stage @ Lee & John Sts./ The Street Performance Area @ John & Merrimack Sts./ The Family Area at Mack Plaza. John Marciano of National Park Service for the Lowell Summer Music Series, and Free Fun For Kids, at Boarding House Park, French & John Streets, live music, sound system, June, July, August, September 2017, Wednesday 10 a.m. to 10 p.m.; Thursday, Friday, Saturday 10 a.m. to 12 a.m. The Commission reviewed the application from Robin E. Dupell of ATP Restaurant Inc., d/b/a Cobblestones, sound system for an outdoor area at 91 Dutton St., Friday, July 28, Saturday, July 29, Sunday, July 30 – 2017. Robin Dupell was present. The Commission reviewed the application from Eric Sack, Lowell Southeast Asian Water Festival, Saturday, August 19, 2017, 10:00 a.m. to 6:00 p.m., Heritage Sampas Pavilion, Pawtucket Blvd., music, dance. Eric Sack was present. The Commission continued to July 13, 2017 the matter of application from Sandy McNamara, Centralville Community Coalition, because of her absence, for National Night Out, Tuesday, August 1, 2017, 6:00 p.m. to 9:00 p.m., outdoor grounds of 77 Boisvert St., sound system. The Commission reviewed the application from Christine Soundara, Greater Lowell Health Alliance, 2nd Annual Greater Lowell Pride Family-Friendly Event, Saturday, June 24, 2017, 1:00 p.m. to 5:00 p.m., Utopia Park (Point Park), 5-person band, d. j., singers. Kerrie D’Entremont, Exec. Dir., representative, was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner License Commission minutes June 22, 2017 page 2 of 5 Donahue, voted to grant special events permit for amplified outdoor public entertainment to Robin E. Dupell of ATP Restaurant Inc., d/b/a Cobblestones, Eric Sack for the Lowell Southeast Asian Water Festival, and Christine Soundara for the Greater Lowell Health Alliance. The Commission reviewed the application for Sidewalk Stand license from LUK Crisis Center, Inc., d/b/a LUK, Inc., Cindy Dalton, representative, at 169 Merrimack Street, Lowell Folk Festival July 28, 29, 30, 2017. Cindy Dalton was present. Ms. Dalton stated that LUK Crisis Center, Inc. is a non-profit, and plan to have a table at 169 Merrimack St. to offer printed programs to the general public. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to grant the Sidewalk Stand license to LUK Crisis Center, Inc. for July 28, 29, 30, 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 May 29, 2017, regarding Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central St. The violations are alleged to have occurred on May 28, 2017. Alexi Torres and Attorney Michael Zaim, legal counsel for Alexander LLC, were present. Sergeant Dan Desmarais of the Lowell Police Department was present. Attorney Zaim stated that in the first violation of not displaying the liquor license the reason being that frames for licenses had fallen, were replaced but Mr. Torres had not posted the licenses; on the second violation, [Mr. Torres] had a family emergency, and the manager in charge had not followed policy to play calming sound in time; and for the third violation, the employees were in the process of clearing bottles. A patron allowed re-entry was looking for his keys. Sgt. Desmarais addressed the Commission, confirming his findings in the Incident Report of May 28, 2017. Chairman Descoteaux commented on the first time violations of the licensee. License Commission minutes June 22, 2017 page 3 of 5 The hearing was closed. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to place the Superintendent’s letter on file. 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 May 18, 2017, regarding Vannak Kann, d/b/a The Crown, all alcoholic beverages restaurant licensee at 74 Middlesex St. The violations are alleged to have occurred on May 5, 2017. Vannak Kann was present. Lt. Matthew Penrose of the Lowell Police Department and Deputy Fire Chief Timothy Casey of the Lowell Fire Department were present. Mr. Kann waives reading of the Superintendent’s letter. He acknowledged responsibility. Mr. Kann was questioned by Chairman Descoteaux, Commissioners Howe, McCarthy, and Donahue. Responding to the questions, Mr. Kann stated the Crown has a seven (7) day license but is open Friday and Saturday; recent painting inside the establishment was cause for the removal of the 2017 liquor license to his home; copies of licenses were to be displayed on the premises. Mr. Kann stated there is a $10 cover to discourage certain individuals from coming into the establishment, a receipt is issued. Commissioner Howe asked of the ‘checklist,’ which Mr. Kann explained. Commissioner Howe noted how egregious it is not to follow the duties of crowd manager. Commissioner Donahue questioned Mr. Kann about the records at home, and of the crowd manager. Deputy Fire Chief Casey stated the records on the premises were from 2016; that Fire officials, due to the funding available from the department budget will periodically check the establishments. Fire officials look for the crowd manager certificates to be posted on the premises. Deputy Supt. Webb stated The Crown has turned the business around since last year, but the concern is checking the establishment on the safety issue now before the Commission. Chairman Descoteaux questioned the Executive Secretary when Mr. Kann last appeared before the Commission - March 24, 2016. Mr. Kann stated that he, his wife, and a third person [employee] are presently certified crowd managers. License Commission minutes June 22, 2017 page 4 of 5 The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to find the licensee Vannak Kann, d/b/a The Crown, in violation: [a] failure to display the liquor license, [b] failure to post a cover charge, and [c] failure to complete the Fire and Building Checklist for the date of May 5, 2017. The Commission voted to suspend the all alcoholic beverages restaurant license issued to Vannak Kann for 2017 for one (1) day, and to hold in abeyance the one day suspension for six (6) months. The Commission reviewed the matter of the permit issued June 5, 2017 to Renay M. Wolterding, d/b/a Mill City BBQ & Brew, sound system for music by DJ, 2nd Anniversary for Mill City BBQ & Brew Outdoor BBQ and Music, Saturday, June 10, 2017 from 3:00 p.m. to 9:00 p.m., at 1018 Gorham Street, outdoor area, east side, and deck. Renay Wolterding was absent. Chairman Descoteaux requested the Executive Secretary remind Renay Wolterding on Friday or Monday of the License Commission policy of applicant attendance at a regular meeting. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to adjourn the meeting at 6:40 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes June 22, 2017 page 5 of 5