License Commission

Minutes for the Lowell License Commission meeting for Thursday, August 10, 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, and Joseph Donahue; and Captain Jack Webb of the Lowell Police Department, Hannah Pappenheim, Assistant City Solicitor. Absent: Commissioners Clifford Krieger, Martha Howe Chairman Descoteaux, speaking to Captain Webb, commended the Lowell Police Department for the fine work to ensure public safety during the Lowell Folk Festival July 28, 29, 30, 2017. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve minutes for meeting July 27, 2017. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment from the following applicants: Deputy K. Richardson, Lowell Police Department, Movie Showing (The Secret Life of Pets), Lowell Police Department's #LPDSafeSummer Movie Night, Thursday, August 31, 2017 (originally for August 2nd if not for inclement weather), 6:00 p.m. to 10:00 p.m., Clemente Park (Middlesex Street) – Captain Jack Webb, LPD, representative Suzzanne Cromwell, Lowell Film Collaborative, sound system, Outdoor Film, Thursday, September 7, 2017, 8:00 p.m. to 10:30 p.m., Enterprise Bank Parking lot, Middle Street. Suzzanne Cromwell was present. Suzzanne Cromwell, Lowell Film Collaborative, sound system, Outdoor Film, Friday, September 22, 2017, 7:30 p.m. to 10:00 p.m., Sage Bank & UTEC parking lot, 15 Hurd Street Suzzanne Cromwell, Mill City Grows, Inc., sound system, 6th Annual Harvest Festival, Saturday, September 16, 2017, 11:30 a.m. to 3:00 p.m., North Common Park. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the special events permits for amplified outdoor public entertainment. License Commission minutes for August 10, 2017 page 1 of 6 The Commission reviewed applications for special one-day license to sell/dispense malt beverages & wines only, or either one. Request to amend license: change of event and hours - 124SP2017, Patricia Donahue, Gallery Z, 167 Market St., Art Reception Paralles, Saturday, August 12, 2017, 5:30 p.m. to 7:30 p.m., granted July 13, 2017; Request to amend license: change event date 125SP2017, Patricia Donahue, Gallery Z, 167 Market St., open mic acoustic, Friday, August 18, 2017, 8:00 p.m. to 10:00 p.m., granted July 13, 2017; Patricia Donahue was present. Applications from Normand Caron, Gallery Z, 167 Market Street, for the following events: Concert with Eddy Dyer, Saturday, August 19, 2017, 8:00 p.m. to 10:00 p.m.; Artist Reception Art & Motion, Saturday, September 9, 2017, 7:00 p.m. to 9:00 p.m.; Open mic, Friday, September 15, 2017, 8:00 p.m. to 10:00 p.m.; Key Tones Performance, Saturday, September 23, 2017, 7:30 p.m. to 9:30 p.m. Normand Caron was present. David C. Cobb of Outback Steakhouse, for outdoor site at 28 Reiss Ave., the event is Autism Awareness, Wednesday, August 16, 2017, 5:00 p.m. to 10:00 p.m. David Cobb was present. Jennifer Simone, Mill No. 5, 250 Jackson St., 4th and 5th floors, That Hole Thing, Saturday, October 21, 2017, 12:00 p.m. to 4:00 p.m. Jennifer Simone was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to amend licenses for Patricia Donahue for the events of August 12 and August 18, 2017; and to approve licenses for Normand Caron, David C. Cobb, and Jenifer Simone. The Commission reviewed the application for special one-day license to sell/dispense all alcoholic beverages by Marc Clermont of Miracle Providers Northeast, Inc., The Onyx Room, 122 Western Ave., Charity Cabaret Show for the Miracle Providers Northeast, Saturday, September 23, 2017, 7:00 p.m. to 12:00 midnight. Marc Clermont was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the license for Marc Clermont. License Commission minutes for August 10, 2017 page 2 of 6 The Commission reviewed the applications to dispense Wines only by Jim Dyment, Executive Director, The Brush Art Gallery & Studios, at 256 Market Street for the following events: Artist Reception "Little Black Dress" Quilt Exhibit, Saturday, August 26, 2017, 2:00 p.m. to 4:00 p.m.; Artist Reception "Honoring Our Veterans" Exhibit, Saturday, November 11, 2017, 2:00 p.m. to 4:00 p.m.; Artist Reception "Annual Juried Members" Exhibit, Saturday, December 9, 2017, 2:00 p.m. to 4:00 p.m. Jim Dyment was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the licenses for Jim Dyment. The Commission opened the public hearing on 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 three rooms, 7,370 sq. ft., 4 entrances, 4 exits. The following individuals were present: George Miamis and Atty. Greg Curtis, legal counsel for The Liquor Shop, Inc. Attorney Curtis stated the licensee has been at the Sunrise Plaza since 1991; the licensee is looking to expand retail space, allowing for additional display of alcohol beverages, and additional doors with one entrance [fronting the parking lot]. The Commissioners reviewed the floor plan with Mr. Miamis and Attorney Curtis. Chairman Descoteaux opened the hearing for public comment, requesting to hear from individuals who wished to speak in favor, there were none, that portion of the hearing was closed; Chairman Descoteaux requested to hear from individuals who wished to speak in opposition, there were none, that portion of the hearing was closed. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the application by The Liquor Shop, Inc. for alteration of premises at 1201 Bridge Street. The Commission reviewed the application by LD Holdings, LLC, Lauren DiSalvo, Manager, for Rock & Roll Concert, all ages, at Revolution, 74 Merrimack Street, Saturday, October 7, 2017 from 5:00 p.m. to 10:00 p.m., entertainment by promoter Ronald Carignan Jr., of Never Forget Entertainment, Lowell. Lauren DiSalvo and Ronald Carignan were present. Ms. DiSalvo described the event as a rock n’ roll concert. Mr. Carignan described the procedure in place for security; four (4) security personnel at the door; a designated area for individuals 21 plus who will be served alcohol beverages; security wrist bands License Commission minutes for August 10, 2017 page 3 of 6 to be issued to identify under 21 patrons, and patrons of legal drinking age; IDs to be checked at the time of service of alcohol beverages. Captain Webb noted the unreliability of wrist bands for age identification. Ms. DiSalvo stated that she will consider another way in place of wrist bands. Both Ms. DiSalvo and Mr. Carignan clearly understood that there would be delineation between the age groups, made at the request of all Commissioners present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the entertainment license with Ronald Carignan Jr., of Never Forget Entertainment, as promoter, for LD Holdings, LLC, d/b/a Revolution, 74 Merrimack St. for October 7, 2017 from 5:00 p.m. to 10:00 p.m. 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 24, 2017 regarding Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi M. Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central Street [incident date July 15, 2017]. The following individuals were present: Alexi M. Torres, Atty. Michael Zaim, legal counsel for Alexander LLC, Lowell Police Sergeant Daniel Hyde, Officer Daniel Kingan, and Officer Juan Benjumea. Attorney Zaim waived reading of the Superintendent’s letter. Atty. Zaim presented two (2) documents for the Commission; the first is in response to video cameras on the licensed premises, and the second, purchase orders of alcohol beverages from Massachusetts distributors. Each of the two documents were reviewed by the Commission, and ordered to be placed on file. Atty. Zaim stated that Mr. [Randy] Hancock is present, a Vibe Lounge security person. Chairman Descoteaux requested Sergeant Hyde present his eyewitness account. Sgt. Hyde stated that based upon his conversation with Officer Benjumea two girls involved with an altercation outside the Vibe Lounge had been inside the club and were served alcohol beverages according to information given to the officer by staff of the Vibe Lounge. One of the girls was later to be identified as 17 years of age. Sgt. Hyde stated that six (6) police units and two (2) Massachusetts State Police units had arrived outside the club at 179 Central Street to assist as a result of the disturbance taking place at approximately 1:45 a.m., Saturday, July 15, 2017. Chairman Descoteaux questioned Officer Kingan. Officer Kingan stated while on routine patrol he observed the altercation involving a group of females out in front of the Vibe Lounge. Chairman License Commission minutes for August 10, 2017 page 4 of 6 Descoteaux questioned Officer Benjumea who also arrived outside the Vibe Lounge to assist in quelling the disturbance. Asst. Solicitor Pappenheim questioned Mr. Torres about personnel changes he had made after reported incidents at the Vibe Lounge and outside the establishment in recent weeks. Officer Kingan was also questioned by Asst. Solicitor Pappenheim. Officer Kingan stated that the juvenile [17 year old female] was very intoxicated; there were no fake IDs recovered by police when she was booked at the police station. Atty. Zaim questioned Officer Kingan if he had observed the service of alcohol to the females involved in the altercation. Officer Kingan stated he did not make that observation. Captain Webb stated that the incident is a continued pattern of disturbances at the Vibe Lounge. Mr. Torres stated when questioned by Chairman Descoteaux that he returned to the Vibe Lounge on July 16th full time, and has let go [fired] three (3) security personnel as a result of the recent complaints presented to the License Commission by the Superintendent of Police. Commissioner McCarthy stated that staff needs to be trained because the establishment is out-of-control. Commissioner Donahue stated that there is concern for the safety of the citizens; police being called in from other parts of the City to address the disturbance. Chairman Descoteaux stated to Mr. Torres that you are on very thin ice, but have taken measures to correct the problems by removing three security personnel. Atty. Zaim stated that the cameras are now in operation. Ray Hancock was introduced by Atty. Zaim. Mr. Hancock stated his prior experience working security for other licensed establishments in Lowell. Commissioner Donahue stated we don’t have the evidence of the three allegations by reference to A.B.C.C. decisions [selling or delivering alcohol beverage to a person less than 21 years of age; selling or delivering to an intoxicated person; allowing a person less than 21 years of age to be in possession of an alcohol beverage]. Chairman Descoteaux stated taking in consideration of recent action taken by Mr. Torres to address the recent problems, made the motion to suspend the alcohol beverages license for seven (7) days, and place the seven (7) days suspension in abeyance for six (6) months. Asst. Solicitor Pappenheim reminded the Commission that at present there is a one (1) day suspension in abeyance for six months for the licensee. Commissioner Donahue stated that the decision of the Commission whether or not to require the licensee to serve the one day suspension at this time is the discretion of the licensing authority. Commissioner McCarthy seconded License Commission minutes for August 10, 2017 page 5 of 6 the motion. Chairman Descoteaux, Commissioners McCarthy and Donahue voted yes to suspend the alcohol beverages license for seven (7) days, and to place in abeyance the suspension for six (6) months for violation of Regulation 1.16 Manager’s Responsibilities of the License Commission on July 15, 2017. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, to License Commission dated August 7, 2017, regarding Alexander LLC, d/b/a Vibe Restaurant and Lounge, Alexi Torres, Manager, all alcoholic beverages restaurant licensee at 179 Central St., allegation of misconduct, incident July 30, 2017. Attorney Michael Zaim, as legal counsel for Alexander LLC, requested the Commission consider a hearing date to be held in the month of September on the allegations of misconduct against Alexander LLC. The Commission voted to schedule the hearing for Thursday, September 28, 2017 at 6:00 p.m. to be held in the City Council Chamber. The Commission reviewed the communication from William M. Taylor, Superintendent of Police, to License Commission dated August 8, 2017, regarding The Last Safe Inc., Timothy Regan, Manager, all alcoholic beverages restaurant licensee at 160 Merrimack St., allegations of misconduct, incident July 15, 2017. It was voted to schedule the hearing on the allegations of misconduct charged against The Last Safe Inc. for Thursday, August 24, 2017 at 6:00 p.m. to be held in the City Council Chamber. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to adjourn the meeting at 7:00 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes for August 10, 2017 page 6 of 6