License Commission

Minutes for the Lowell License Commission meeting for Thursday, September 28, 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, Joseph Donahue; Captain Jack Webb of the Lowell Police Department and James Wellock, Assistant City Solicitor. The Commission reviewed the meeting minutes of September 14, 2017. Commissioner Krieger made the motion to approve the minutes, second by Commissioner Donahue, so voted. The Commission, at the request of Chairman Descoteaux, on a motion by Commissioner Krieger, second by Commissioner McCarthy, reviewed agenda item # 8 the hearing on the allegation of misconduct as charged by William M. Taylor, Superintendent of Police, to the License Commission dated August 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 [incident date July 30, 2017]. Chairman Descoteaux requested recommendations from James Wellock, Assistant City Solicitor, and Captain Jack Webb of the Lowell Police Department. Chairman Descoteaux commented that the Superintendent’s letter should be placed on file for the manager of Alexander LLC has taken action to correct problems at the establishment as a result of disciplinary measures the Commission has taken in July and August. Assistant Solicitor Wellock recommended the letter be placed on file. Captain Webb acknowledged the License Commission’s discretion as a result of the Commission’s prior action with the licensee. Alexi Torres and Attorney Michael Zaim, legal counsel for Alexander LLC, appeared before the Commission. Attorney Zaim briefly addressed the Commission. Commissioner Howe stated her support of the motion to place letter on file. Commissioner Howe suggested that Mr. Torres used poor judgement in directing two patrons to leave through the rear exit into an alley after the incident. Chairman Descoteaux stated to Mr. Torres that he has conducted himself very well in managing the business. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to place the letter from Superintendent of Police on file. License Commission minutes September 28, 2017 page 1 of 4 The Commission reviewed the applications for special one-day license to sell/dispense malt beverages & wines only, or either one. Nadine Somma appeared in behalf of Tabatha Garnett, Catering Manager of Aramark. Ms. Somma explained the events of the Annual Difference Maker Celebration, Wednesday, October 11, 2017, 4:30 p.m. to 9:00 p.m. at University Crossing, 220 Pawtucket St.; and the MTA/Grace Union, Wednesday, October 25, 2017, 4:00 p.m. to 8:00 p.m. at Alumni Hall, 84 University Ave. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve licenses for Tabatha Garnett. The Commission reviewed the applications by Norm Caron of Gallery Z, at 167 Market Street, for the events: artist reception, Evolution, Saturday, October 14, 2017, 7:00 p.m. to 9:00 p.m.; open mic on Friday, October 20, 2017, 7:30 p.m. to 9:30 p.m.; brunch on Sunday, October 22, 2017, 11:00 a.m. to 1:00 p.m.; and, brunch on Sunday, November 12, 2017, 11:00 a.m. to 1:00 p.m. Norm Caron was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve licenses for Norm Caron. The Commission reviewed the application by Javier Barazarte of Galeria Café for Friday, September 29, 2017, 7:30 p.m. to 9:30 p.m. at the Galeria Café, 366 Merrimack Street, a comedian show. Javier Barazarte was present. Mr. Barazarte stated that he had been a licensee at the time of the Lowell Folk Festival [July 28, 29, 30]. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve license for Javier Barazarte. The Commission reviewed the applications for special events permit for amplified outdoor public entertainment from Tom Fitzmaurice of Greater Merrimack Valley Convention & Visitors Bureau, Night Nation Run 2017, Saturday, October 14, 2017, 6:30 p.m. to 8:30 p.m., sound system for Electronic Music at three (3) stages along Riverwalk between Ouellette and Cox Bridges. Tom Fitzmaurice was present. Mr. Fitzmaurice stated that the event is for the first time; it is expected that 3500 to 5500 participants in the 5K course. The application by Frederick Smith of SmithFest Events, Haunted 5K with sound system for haunted sounds, is for Saturday, October 21, 2017, 5:00 p.m. to 11:00 p.m., at Shedd Park/Fort Hill. Frederick Smith was absent due to illness. Chairman Descoteaux recommended Mr. Smith have a License Commission minutes September 28, 2017 page 2 of 4 representative present when not able to be present at a meeting. Commissioner Donahue stated that Mr. Smith is his second cousin. Captain Webb stated that the Lowell Police Department has no objection with the events. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve licenses for Tom Fitzmaurice of Greater Merrimack Valley Convention & Visitors Bureau, and for Frederick Smith of SmithFest Events. The Commission reviewed the application Jennifer Smith Sharkey of House of Hope, Inc. for special one- day license to sell/dispense all alcoholic beverages for the 2017 Harvest of Hope Benefit Event at 98 Smith Street, on Thursday, October 26, 2017, 6:00 p.m. to 8:30 p.m. Ms. Sharkey was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the license for Jennifer Smith Sharkey of House of Hope, Inc. The Commission reviewed the application by SAPT LLC, d/b/a Lowell Liquors, all alcoholic beverages package store licensee at 638 Rogers Street, for change in beneficial interest. Sachin Patel, Manager, and Pathik Patel were present to represent the licensee. Sachin Patel explained that there is a distribution of the financial interest of one stockholder who is selling to the remaining three (3) stockholders. There is no new stockholder/member. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve the application for change in beneficial interest for SAPT LLC. The Commission reviewed the application by NAI Entertainment Holdings LLC, d/b/a Showcase Cinema Lowell, all alcoholic beverages restaurant licensee at 32 Reiss Avenue, for change in beneficial interest. Shaun Judge, Area Manager for Lowell, was present to represent the licensee. Mr. Judge described the financial interest held by the Trusts of NAI, and the change of a Director and a Trustee. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve the application for change in beneficial interest for NAI Entertainment Holdings LLC. The Commission reviewed the application by Warp & Weft, LLC, Eric Faulkner, LLC Manager, for the transfer of the all alcoholic beverages restaurant license from The Vibe Lounge Inc., Steven Xigoros, Manager, for premises at 197 Market Street. The Commission, on the motion by Commissioner Donahue, License Commission minutes September 28, 2017 page 3 of 4 second by Commissioner McCarthy, voted to schedule the public hearing for October 19, 2017 at 6:00 p.m., to be held in the City Council Chamber; legal notice will be published on October 6, 2017 in the Lowell Sun newspaper. The Commission reviewed the request for Pub Crawl license for Saturday, October 28, 2017 from 2:00 p.m. to 8:00 p.m. for the downtown area of Merrimack, Middle, Palmer, and Market Streets. The following individuals were present: Nick Morano and Mike Tecci of Whats Poppin, organizers for a pub crawl, Tim Kelleher of Village Smokehouse, David Heeley of Bar 74, and Atty. Mike Zaim, legal counsel for Dudley’s. Mike Tecci stated that check-in for the pub crawl on Saturday, October 28, 2017 will be the Village Smokehouse. Mr. Tecci described the manner of ticket sales, $5.00 to $20.00; the incentive is to get tickets early. Captain Webb stated that the pub crawl ordinance will preclude a licensee from participating if there have been one or more days of suspension. Commissioner Donahue stated the Commission could not vote for Bar 74 and Revolution; there is no discretion in the ordinance. Chairman Descoteaux recommended that a motion be proposed to have the matter brought before the City Council. The Commission, on the motion by Commissioner Donahue, second by Commissioner Howe, voted to request the City Clerk place on the meeting agenda of the City Council for October 3, 2017 the Commission recommendation of an amendment to the Pub Crawl Ordinance allowing the License Commission discretion for a licensee to participate in a pub crawl after having had a license suspension. Commissioner McCarthy made the motion, second by Commissioner Donahue, that the pub crawl organizer hires police detail for the event, and review of the matter be continued to the next regular meeting on October 19, 2017 at 6:00 p.m., so voted. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 6:55 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes September 28, 2017 page 4 of 4