License Commission

Minutes for the Lowell License Commission meeting for Thursday, July 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 Captain Jack Webb of the Lowell Police Department, Hannah Pappenheim, Assistant City Solicitor. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve minutes for meeting July 13, 2017. The Commission reviewed the application by Pepper Dining, Inc., d/b/a Chili's Grill & Bar, Michael Arbasetti, Manager, all alcoholic beverages restaurant licensee at 22 Reiss Avenue, for change of beneficial interest, i.e. new officers. Atty. Andrew Upton of Boston, legal counsel for Pepper Dining, Inc., was present as representative. Attorney Upton stated that the corporation Pepper Dining, Inc. had made an officer change, and the addition of two new officers. The Alcoholic Beverages Control Commission reviewed the proposed changes, pre-approved; Massachusetts law [Chapter 138] requires licensing board approval where there is a licensee. Atty. Upton stated that there are twenty three (23) licensees in Massachusetts. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve the change of beneficial interest, i.e. new officers, for Pepper Dining, Inc. The Commission reviewed the application for special one-day license to sell/dispense malt beverages & wines only, or either one by Manuel Silva of Portuguese American Civic League, members' picnic of the Portuguese American Civic League, Saturday, August 5, 2017, 12:00 noon to 6:00 p.m., club parking lot at 512 Central Street. Manuel Silva was present. Captain Webb stated that Lowell Police do not have any concern with the event in answer to the inquiry from Chairman Descoteaux. The Commission, on the motion by Commissioner McCarthy, License Commission minutes July 27, 2017 page 1 of 11 second by Commissioner Krieger, voted to approve the license for Manuel Silva of the Portuguese American Civic League for August 5, 2017. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment. Manuel Silva of Portuguese American Civic League, sound system, members' picnic at the parking lot of club at 512 Central Street, Saturday, August 5, 2017, 12:00 noon to 6:00 p.m. Manuel Silva was present. Vicente Dalmaso of Life Connection Center Inc., sound system, Food Festival at JFK Plaza, Saturday, August 26, 2017, 11:00 a.m. to 9:00 p.m. Vicente Dalmaso was present. Mr. Dalmaso stated food festival is a first time event at the JFK Plaza. Captain Webb stated that Lowell Police did not have any concern with the activity. Suzanne Cromwell of the Lowell Film Collaborative, sound system for Outdoor Film Series, Thursday, August 3, August 24, August 31, 2017, 8:00 p.m. to 10:00 p.m., at North Common Park, Julia Gavin, as representative, was present. Ms. Gavin stated that the event for the date of August 3 is changed, a September date is planned. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve special events permits for Manuel Silva, Vicente Dalmaso, and Suzanne Cromwell. The Commission reviewed the applications for Sidewalk Stand – 2017 from the following applicants: Jeremy McKenna of Persona at 51 Market Street for Lowell Folk Festival July 28, 29, 30, 2017 Nadia DeLima of I Happy Event Décor at 66 Merrimack Street, Seasonal April to October 2017 License Commission minutes July 27, 2017 page 2 of 11 Cyrus Enterprises, Inc., Mina Rezkalla, President, d/b/a Market St Market, at 95 Market Street, Lowell Folk Festival July 28, 29, 30, 2017 SSG Donald R. Thuiman of U. S. Army, US Army Recruiting Center, insured 105-107 Merrimack St R E Trust LLC, 107 Merrimack Street, Lowell Folk Festival July 28, 29, 30, 2017 Yodelqui Betances of Emanuel Boutique, 68 Merrimack Street, Lowell Folk Festival July 28, 29, 30, 2017 The following individuals were present: Nadia DeLima, 1st Class Sgt. Miguel Elizarraras for SSG Thuiman, Yodelqui Betances, and Jeremy McKenna. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy voted to approve the Sidewalk Stand permits. The application by Cyrus Enterprises, Inc. was tabled to later in the meeting, pending an appearance of a representative for the applicant. The Commission opened the public hearing on the application by Lowell Steakhouse, Inc., d/b/a Bob's Bar & Grill, Robes Barboza, Manager, all alcoholic beverages restaurant licensee at 490 Central St. for alteration of premises to add outdoor seating of 590 sq. ft. The following individuals were present: Robes Barboza and Edward Garneau for Attorney Demetrios Kafkas, who was unavailable. Mr. Barboza stated he is requesting to serve alcohol beverages with food outside, seating for four or five tables at the front of the building and on the North Street side. Captain Webb stated Lowell Police have no issues with this licensee at the location. Mr. Barboza stated that there is no off-street parking for the restaurant. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of the application. There was no one present to speak in opposition to the application. Daniel Nakamoto, Executive Director of the Mental Health Association of Greater Lowell, Inc., appeared before the Commission. Mr. Nakamoto stated he has no issue with the application, but is inquiring about License Commission minutes July 27, 2017 page 3 of 11 how late would service be offered outside. Mr. Barboza stated he planned to have seating available until 11:00 p.m. When questioned by Commissioner Howe, Mr. Nakamoto spoke of the residential program at 472 Central Street, 1st and 2nd floors, for six patients. Commissioner Donahue asked and was told by Mr. Barboza that there will be no service after 11:00 p.m. Chairman Descoteaux advised Mr. Nakamoto to call police if there is a problem; speaking to Mr. Barboza, there should be no alcohol served after 10:30 p.m. When asked by the Commission about amplification, Mr. Barboza stated he would like to offer dinner music for the patrons. The hearing was declared closed, and on the motion by Commissioner McCarthy, second by Commissioner Krieger, it was voted to approve the application by Lowell Steakhouse, Inc. Commissioner Krieger advised Mr. Nakamoto that he may come back to the License Commission. The Commission opened the public hearing on the application by Speros & Co., Inc., d/b/a Lowell Burger Company, Nicholas J. Speros, Director, for an all alcoholic beverages restaurant license for premises at 143 Merrimack Street, first floor three rooms total square footage 2564; outdoor patio 440 square feet. Nicholas Speros was present. Mr. Speros described the food and beverages to be offered, and outdoor seating for 16 to 18 patrons. There will be no music, no amplification outdoors. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of the application. There was no one present to speak in opposition to the application. Mr. Speros stated when asked by Commissioner Donahue that the sidewalk seating area will be the same footprint as the restaurant Bishop’s. The hearing was declared closed. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to grant the all alcoholic beverages restaurant license to Speros & Co., Inc., d/b/a Lowell Burger Company, for premises at 143 Merrimack Street, for the calendar License Commission minutes July 27, 2017 page 4 of 11 year ending December 31, 2017. The Commission voted to approve Nicholas J. Speros as manager of record for Speros & Co., Inc. Licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jock, juke box to Speros & Co., Inc. for 2017. Due to the absence of John Fotopoulos, the Commission tabled the matter of the application by Drum Hill Autos Inc., John P. Fotopoulos, President, for used car Dealer license, Class II, for premises at 1184 Westford Street. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to ratify the publication of legal notice July 28, 2017 in local newspaper, and to schedule the public hearing for August 10, 2017 on the matter of the application by The Liquor Shop, Inc., George M. Miamis, Manager, all alcoholic beverages package store licensee at 1201 Bridge Street for alteration of licensed premises. The Commission opened the hearing on the allegation of misconduct as charged in a communication to the License Commission by Captain Jonathan C. Webb of Lowell Police Department, dated July 5, 2017 regarding allegations of misconduct against Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi M. Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central Street. The incident date is June 12, 2017. The following individuals appeared before the Commission: Alexi Torres, Pedro Arzuaga, and Attorney Michael Zaim, legal counsel for Alexander LLC, Captain Jack Webb, Sergeant Daniel Desmarais, Sergeant Joseph Murray, and Officer Daniel Kingan of the Lowell Police Department. Attorney Zaim agreed to waive the reading of the Superintendent of Police letter to the Commission. Attorney Zaim stated that there was no evidence in the police reports from the night of the incident that the individuals involved in the altercation had been patrons of the Vibe Restaurant and Lounge. Attorney Zaim stated, as a result of recent incidents, Alexi Torres has License Commission minutes July 27, 2017 page 5 of 11 fired two (2) individuals and suspended one (1) individual. Pedro Arzuaga testified that he was working as security the morning of the June 12, 2017 and was witness to the altercation from the time it began at 171 Central Street until police arrived, approximately four to five minutes. He did not call the Lowell Police Department to report the altercation. He was working with another employee outside to secure the scene of patrons exiting the Licensee’s establishment. Mr. Arzuaga could not see if individuals involved in the altercation had in their possession a knife or knives, but could tell that there was a fight occurring. Mr. Torres stated that at 1:00 a.m. there were seventy (70) patrons inside his establishment. Attorney Zaim stated that there had been no problem in the facility. Sergeant Desmarais and Officer Kingan described a scene at approximately 1:14 a.m., Monday, June 12, 2017 in the vicinity of 171 Central Street, less than fifty (50) feet from Licensee’s premises. There had been an altercation involving approximately ten (10) individuals, with one (1) stab victim near 171 Central Street, and two (2) stab victims later identified at 27 Jackson Street. Emergency medical assistance was given by police officers who were first at the scene of 171 Central Street, with additional assistance from EMTs upon their arrival. Testimony from the police officers included the description of approximately fifty (50) pedestrians, and twelve (12) police officers at the scene to assist with crowd control while medical assistance was given to the unconscious stab victim. Sergeant Murray offered testimony about the follow-up investigation, stating that individuals at the scene of the altercation are believed to have been patrons of the Vibe Restaurant and Lounge, and had just exited that establishment. The Licensee was the only alcohol beverages establishment opened in the vicinity where it is believed by police that two (2) patrons of the Licensee later became involved in the altercation outside. License Commission minutes July 27, 2017 page 6 of 11 Chairman Descoteaux noted that the security at Vibe Lounge had an obligation to call the police for such an occurrence, where the fight was known to the security personnel and occurring so close to their establishment. Commissioner Howe stated that in her opinion the obligation to maintain order and decorum in areas immediately adjacent to the licensed premises was violated. The Commission, on the motion by Chairman Descoteaux, second by Commissioner McCarthy, voted to suspend the Licensee’s alcoholic beverages restaurant license for one (1) day, and to hold the day of suspension in abeyance for six months [December 27, 2017] for violation of Lowell License Commission regulation 1.16 Manager’s Responsibilities (in part) the Manager shall at all times maintain order and decorum in the premises, in all immediately surrounding areas adjacent to the licensed premises. The Commission opened the hearing on the allegations of misconduct as charged in a communication to the License Commission by Captain Jonathan C. Webb of Lowell Police Department, dated July 7, 2017 regarding allegations of misconduct against Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi M. Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central Street. The incident date is June 19, 2017. The following individuals appeared before the Commission: Alexi Torres and Attorney Michael Zaim, legal counsel for Alexander LLC, and Captain Jack Webb, Sergeant Joseph Murray, and Officer Jonathan Rivera of the Lowell Police Department. Attorney Michael Zaim waived the reading of Captain Webb’s communication. Atty. Zaim stated that the evening of Monday, June 19, 2017, the Licensee’s premise was closed for business. Alexi Torres, who was not to be present that evening, testified that he permitted his cousin Jorge Torres to be on the premises, supposedly to wait for the delivery of a new cooler for License Commission minutes July 27, 2017 page 7 of 11 the restaurant; Atty. Zaim stated that there is “no smoking” signs posted in the establishment. Atty. Zaim stated that Jorge Torres was suspended for two (2) weeks as a result of this incident. Chairman John Descoteaux addressed Alexi Torres and Attorney Zaim about the previous licensee’s problems with Jorge Torres as manager of record for the establishment at 179 Central Street. Chairman Descoteaux cited Jorge Torres inability to manage, suggesting that Alexi Torres take action so that Jorge is no longer an employee. Lowell Police Officer Jonathan Rivera stated that while on foot patrol in downtown, he was dispatched to the Vibe Restaurant and Lounge in response to the Fire Department’s call of seeing a gas container on a table inside the establishment and of a male rushing to remove the container, and heading to the rear exit. Officer Rivera stated the front entrance was locked as was the rear exit, where Officer Rivera met two (2) Fire Department personnel. The gas container was found outside, near a dumpster in the rear of the building. Officer Rivera was able to detect a strong odor of burnt marijuana emanating from the Licensee’s premises. Fire Department dispatch was able to make contact with Alexi Torres, who arrived at 179 Central Street to open the front door and allow Fire and Police investigators inside. There was evidence of a marijuana [cigarette] smoked inside. Sergeant Joseph Murray presented his eyewitness account by responding to questions from Assistant City Solicitor Hannah Pappenheim. Sgt. Murray had questioned Jorge Torres after his cousin Alexi made contact with him, requesting he return to the Vibe Restaurant. Based on his conversation with Jorge Torres, Sgt. Murray concluded that Jorge Torres had established a place to sleep inside with the consent of Alexi Torres. In addition, Sgt. Murray (and Officer Rivera) observed pillows and clothes in the establishment. There were no alcohol beverages inside which are cause for the suspicion by Sergeant Murray of a “fly-by-night” operation. The License License Commission minutes July 27, 2017 page 8 of 11 Commission never received a notification of this incident, even though the police were called to the premises. Alexi Torres stated that there are four (4) cameras inside which are not in operation. The Commissioner Krieger requested that he return to the next scheduled meeting in order to report the cameras have been activated. Furthermore, the Chairman Descoteaux requested copies of invoices for the purchase of alcohol beverages from Massachusetts distributors, and other licensees authorized by the Alcoholic Beverages Control Commission to sell/deliver alcohol beverages to on-premises retail licensees. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to suspend the Licensee’s alcoholic beverages restaurant license for one (1) day for violation of Lowell License Commission regulation 1.16 Manager’s Responsibilities, and M.G.L. Chapter 270, Section 22 (2) Smoking In Public Places. The date of suspension is August 10, 2017. The Commission opened the hearing on the allegations of misconduct as charged by William M. Taylor, Superintendent of Police, to the License Commission dated July 11, 2017 regarding allegations of misconduct against Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi M. Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central Street. The incident date is July 9, 2017. The following individuals appeared before the Commission: Alexi Torres, Pedro Arzuaga, and Attorney Michael Zaim, legal counsel for Alexander LLC, Captain Jack Webb, Sergeant William Florence, and Officer Daniel Kingan of the Lowell Police Department. Attorney Zaim agreed to waive the reading of the Superintendent of Police letter to the Commission. Attorney Zaim did not contest the police reports or testimony. Assistant Solicitor Hannah Pappenheim questioned Officer Kingan and Pedro Arzuaga about the incident. Attorney Zaim reminded the Commission that personnel changes have been made by Alexi Torres. Mr. License Commission minutes July 27, 2017 page 9 of 11 Torres acknowledged his responsibility, and stated that because of his absence due to illness, problems have taken place. He believes that going forward if he is unable to be on the premises, the premises should remain closed. Sergeant Florence and Officer Kingan described a scene at approximately 1:13 a.m., Sunday, July 9, 2017 of over-crowding at the Vibe Restaurant and Lounge. Sgt. Florence and Officer Kingan were initially called on scene for a fight that had broken out amongst patrons inside the establishment. Upon entering, Officer Kingan could see that some pushing and shoving was taking place between two of the patrons. They estimated the crowd to be about 150 patrons and employees. The occupant load as noted by Sergeant Florence, and acknowledged by Mr. Torres, is 81 people. This is also noted on the posted certificate of inspection (COI) inside the licensed premises. In addition, Mr. Arzuaga admitted upon questioning that he was aware the lounge was overcrowded. Officer Kingan described the front plate glass windows covered inside with condensation caused by the presence of an excessive number of people. Due to lack of visibility and difficulty navigating the crowd, the police were unable to identify or apprehend the patrons involved in the fight. Instead, they moved to the rear of the premises to cause patrons to begin exiting. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to suspend the Licensee’s alcoholic beverages restaurant license for two (2) days for violation of Lowell License Commission regulations 1.16 Manager’s Responsibilities, 1.06 Compliance with all Laws and Regulations, and Massachusetts Fire Code 527 CMR 1.00: 10.5.2.1. Overcrowding. The dates of suspension are August 11, 12, 2017. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, dated July 24, 2017 regarding allegations of misconduct against Alexander LLC, d/b/a License Commission minutes July 27, 2017 page 10 of 11 Vibe Restaurant and Lounge, Alexi M. Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central Street. The incident date is July 15, 2017. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to schedule the hearing for August 10, 2017. Commissioner Donahue requested Lowell Police review the email from a downtown resident, who cited the dumping of bottles in dumpster on private property and drunks entering there as well, loud music and disorderly patrons from Dudley’s. Captain Webb stated Lowell Police will review the complaint. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 7:30 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes July 27, 2017 page 11 of 11