License Commission

Minutes for the Lowell License Commission meeting for Thursday, August 24, 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, Joseph Donahue; and Captain Jack Webb of the Lowell Police Department, Elliott Veloso, Assistant City Solicitor. Absent: Commissioner Clifford Krieger. The Commission reviewed the meeting minutes of August 10, 2017. Commissioner Donahue made the motion to add the following sentence on page 4, line 3, “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,” second by Commissioner McCarthy, so voted. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one from Tabatha Garnett, Catering Manager, Aramark, for the following: Rowing Alumni event at the Bellegarde Boathouse, 500 Pawtucket Blvd., Saturday, August 26, 2017, 10:00 a.m. to 3:00 p.m.; PTB Open House at the Pulichino Tong Building, 72 University Ave., Tuesday, September 12, 2017, 4:30 p.m. to 9:00 p.m.; Nursing Faculty event at the Allen House, 2 Solomont Way, Tuesday, September 12, 2017, 3:00 p.m. to 7:00 p.m.; English Department Welcome Back Reception at the Allen House, 2 Solomont Way, Wednesday, September 13, 2017, 2:00 p.m. to 7:00 p.m. Tabatha Garnett was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve licenses for Tabatha Garnett. The Commission reviewed applications from representatives of the Merrimack Repertory Theatre for special one-day license to sell/dispense malt beverages & wines only, or either one. Michael Glicksman of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, September 13, 14, 15, 16, 17, 20, 21, 22, 23, 24, 27, 28, 29, 30, October 1, 4, 5, 6, 7, 8 - 2017 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Michael Glicksman was present. License Commission minutes August 24, 2017 page 1 of 6 Peter Crewe of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, October 18, 19, 20, 21, 22, 25, 26, 27, 28, 29, November 1, 2, 3, 4, 5, 8, 9, 10, 11, 12 - 2017 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Peter Crewe was present. Marianna R. Wood of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, November 29, December 1, 2, 3, 6, 7, 8, 9, 10, 13, 14, 15, 16, 17, 20, 21, 22, 23, 24 - 2017 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Marianna Wood was present. Edgar Cyrus of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, January 10, 11, 12, 13, 14, 17, 18, 19, 20, 21, 24, 25, 26, 27, 28, 31, February 1, 2, 3, 4, 14, 15, 16, 17, 18, 21, 22, 23, 24, 25 - 2018 [30 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Edgar Cyrus was present. John Dyson of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, February 28, March 1, 2, 3, 4, 7, 8, 9, 10, 11, 21, 22, 23, 24, 25, 28, 29, 30, 31, April 1, 4, 5, 6, 7, 8, 11, 12, 13, 14, 15 - 2018 [30 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. John Dyson was present. Taryn Kimel of the Merrimack Repertory Theatre, Nancy L. Donahue Theatre Liberty Hall, 50 East Merrimack St., Theatrical Performances by the Merrimack Repertory Theatre, April 25, 26, 27, 28, 29, May 2, 3, 4, 5, 6, 9, 10, 11, 12, 13, 16, 17, 18, 19 - 2018 [20 dates], concession sales/service for one (1) hour prior to performance, and fifteen (15) minutes intermission. Taryn Kimel was present. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve the license for each of the representatives of the Merrimack Repertory Theatre. The Commission reviewed the application from Gabby Davis - Made In Lowell for special one-day license to sell/dispense malt beverages & wines only, or either one for the following event: Food Truck License Commission minutes August 24, 2017 page 2 of 6 Madness Lowell Food & Wine Festival, Friday, September 8, 2017, 6:00 p.m. to 10:00 p.m. at Kerouac Park, Bridge Street. Gabby Davis was present. Gabby Davis filed applications for special one-day license to sell/dispense all alcoholic beverages for the following events: Opening Reception Lowell Food & Wine Festival, Thursday, September 7, 2017, 7:00 p.m. to 10:00 p.m., at Pawtucket Prism, waterfront plaza between ICC & MCC Cowan Bldg.; Grand Tasting Lowell Food & Wine Festival, Saturday, September 9, 2017, 1:00 p.m. to 5:00 p.m., at JFK Plaza, Arcand Drive; Sips & Sweets, Saturday, September 9, 2017, 9:00 p.m. to 11:00 p.m. at Tutto Bene Wine & Cheese Cellars, and parking lot at 58 Prescott Street. Chairman Descoteaux questioned Ms. Davis about the events of the Lowell Food & Wine Festival. Ms. Davis stated that Made In Lowell has had the events before [in 2015 and 2016]. Captain Webb stated in answer to Chairman Descoteaux question that the events are no concern to the Lowell Police Department. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve the licenses for Gabby Davis – Made In Lowell for Thursday, September 7, Friday, September 8, and Saturday, September 9, 2017. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment by Gabby Davis of Made In Lowell, sound system, live music for the following events and days: Opening Reception - The Lowell Food & Wine Festival, Thursday, September 7, 2017, 7:00 p.m. to 10:00 p.m., Pawtucket Prism @ waterfront plaza between ICC & MCC Cowan Bldg.; Food Truck Madness - The Lowell Food & Wine Festival, Friday, September 8, 2017, 6:00 p.m. to 10:00 p.m., Kerouac Park, Bridge Street; Grand Tasting - The Lowell Food & Wine Festival, Saturday, September 9, 2017, 1:00 p.m. to 5:00 p.m., JFK Plaza, Arcand Drive; Sips & Sweets - The Lowell Food & Wine Festival, Saturday, September 9, 2017, 6:00 p.m. to 11:00 p.m., parking lot at 58 Prescott Street. Gabby Davis was present. The Commission reviewed the application by Ronald B. Carignan, Jr. of Never Forget Entertainment, sound system, live bands, concert, Saturday, September 9, 2017, 12:00 p.m. to 10:00 p.m., Hadley Skatepark, Middlesex Street. Ronald Carignan was present. Chairman Descoteaux, noting last year’s event, asked Mr. Carignan about the attendance. Mr. Carignan stated that with the bands present License Commission minutes August 24, 2017 page 3 of 6 approximately one hundred people. Captain Webb stated the event last year [at Hadley Skatepark], there were two calls to the police station, one for a fight, and the second for loud music; neither was a major incident. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve special events permits for Gabby Davis – Made In Lowell, and Ronald B. Carignan, Jr. of Never Forget Entertainment. The Commission reviewed the application by Drum Hill Autos Inc., John P. Fotopoulos, President, for used car Dealer license, Class II, for premises at 1184 Westford Street, open lot of 27,409 sq. ft. with office in building on site. 2017 licensee is The High Line Group Inc., Charles P. Fotopoulos, President, subject to the following condition maximum number of display spaces is 85 per Zoning Board of Appeals - 8-27-2012. John Fotopoulos was present. Chairman Descoteaux asked about proposed change. Mr. Fotopoulos stated that the business [High Line Group] is being downsized. The Commission, on the motion by Commissioner McCarthy, second by Donahue, voted to approve the application by Drum Hill Autos, Inc. for a used car Dealer license, Class II, [757-B], for premises at 1184 Westford Street. The used car Dealer license for The High Line Group, Inc., 744-B, to be cancelled upon issuance of license to Drum Hill Autos, Inc. The Commission opened the hearing on the allegations of misconduct as charged by 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 Street [incident July 15, 2017]. The following individuals were present: Timothy Regan, David Carr, and Attorney John J. Hartigan, legal counsel for The Last Safe Inc., Sergeant Jonathan Noone and Detective David Lally of the Lowell Police Department. Attorney Hartigan waived reading of the Superintendent’s letter. Atty. Hartigan did not dispute the incident as the police reported. He stated that the minor in possession [M.G.L. Chapter 138, section 34C] is an arrestable offense without warrant; prosecute the establishment, requesting to dismiss the violation because there is no conspiracy to deliver alcohol beverages. Detective Lally was questioned by Chairman Descoteaux; in answer Detective Lally stated the police report has the four underage females drinking alcohol beverages at The Last Safe Inc. Atty. Hartigan stated the ID License Commission minutes August 24, 2017 page 4 of 6 presented by the underage females is gone; there is no reference to the observation of a sale; it is troubling that the ID disappeared. Chairman Descoteaux asked Assistant Solicitor Veloso for a review of the allegations of misconduct. Asst. Solicitor Veloso stated items (b) [Chapter 138, section 34C] and (c) [204 CMR 2.05(2) taken into account together, the possession is illegal, contrary to subtracting item (b). Attorney Hartigan states that is wrong, cites decisions of the Supreme Judicial Court in the late 1990ties. You can’t find violation based upon another violation. Asst. Solicitor Veloso states that item (c) states “illegality of any kind.” Timothy Regan was questioned by Chairman Descoteaux; he stated that approximately 80 patrons were there, the occupant load is 99. Mr. Regan stated that he was one of two bartenders that evening, and that he and the other bartender did not recall seeing the females being served alcohol beverages. David Carr answered questions from Chairman Descoteaux. Mr. Carr is employed as a doorman, stationed outside, checking IDs. Mr. Carr did not believe the explanation that the females gave to the Lowell Police of using the same ID in order to enter the establishment. He stated that he has fifteen years of experience checking IDs. Detective Lally stated that he saw the females drinking in the establishment, and he and another police officer escorted the females outside where they were questioned. The females advised the police that they used one ID. Asst. Solicitor Veloso questioned Detective Lally. The police detective stated that three of the underage females were drinking bottled beer, and the fourth female was drinking a mixed drink. Chairman Descoteaux asked if the licensee has had other violations. Attorney Hartigan stated there have been no prior violations. Chairman Descoteaux made the motion that the Commission dismiss item (b) the allegation of a violation of M.G.L. Chapter 138, Section 34C but find the licensee, The Last Safe, Inc., in violation of item (a) M.G.L. Chapter 138, Section 34, and item (c) ABCC regulation 204 CMR 2.05 (2) for an illegality on the premises, and suspend the alcohol beverages license for three days, and to hold the suspension in abeyance for one year; motion seconded by Commissioner McCarthy. Commissioner Howe stated her support for the motion, but since the females are not here to answer questions, their statements to the police are not credible. Chairman Descoteaux called for roll-call vote on the motion: ayes – Chairman Descoteaux, Commissioners McCarthy, Howe, and Donahue. License Commission minutes August 24, 2017 page 5 of 6 The Commission reviewed the Executive Secretary’s report as follows: (a) event cancelled per Patricia Donahue 8-17-2017 Special One-Day License for Malt Beverages & Wines only, or either one, # 129SP2017, Normand Caron, Gallery Z, 167 Market St., concert with Eddy Dyer, Saturday, August 19, 2017, granted August 10, 2017 (b) events cancelled per Gabby Davis 6-16-2017 due to inclement weather, request credit of license fees paid 6-5-2017 Special One-Day Licenses for Malt Beverages & Wines only, or either one, # 109SP2017, 110SP2017, Gabby Davis – Made In Lowell, Ecumenical Plaza, Summer Kick-Off, June 16, June 17, 2017, granted June 1, 2017. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to authorize the credit of license fees paid by Gabby Davis be applied to licenses for the Lowell Food & Wine Festival September 7 – 9, 2017. The Commission, on the motion by Commissioner Donahue, 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 August 24, 2017 page 6 of 6