License Commission

Minutes for the Lowell License Commission meeting for Thursday, October 19, 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; and Captain Jack Webb of the Lowell Police Department. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve minutes for meeting of September 28, 2017. The Commission reviewed the applications for special one-day license to dispense wines only by Steve Syverson, President, Arts League of Lowell, Inc., at 307 Market St., for artist's reception, Saturday, October 28, 2017 from 4:00 p.m. to 6:00 p.m., and artist's reception, Saturday, January 20, 2018 from 4:00 p.m. to 6:00 p.m. Steve Syverson was present. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve licenses for Steve Syverson of Arts League of Lowell, Inc. for October 28, 2017 and January 20, 2018. The Commission reviewed the applications for special one-day license to sell/dispense all alcoholic beverages by Marc Clermont of Miracle Providers Northeast, Inc., for Friday, November 10, and Saturday, November 11, 2017, 7:00 p.m. to 12:00 midnight each date, at The Onyx Room, 122 Western Ave. The events are charity cabaret shows to benefit The Miracle Providers North East Toy Drive. Marc Clermont was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner McCarthy, voted to approve licenses for Marc Clermont of Miracle Providers Northeast. The Commission opened the public hearing on 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. It is requested that Craig Faulkner be approved as manager of record for Warp & Weft, LLC. The following applications have been filed common victualler, and entertainment in a licensed License Commission minutes October 19, 2017 page 1 of 4 restaurant – live music by Warp & Weft, LLC for premises at 197 Market St. The following individuals were present: Eric Faulkner, Craig Faulkner, and Attorney Pamela Pardoe of the law office Gallagher & Cavanaugh, LLP. Chairman Descoteaux opened the hearing for public comment requesting to hear from anyone who wished to speak in opposition to the application. There was no one present to speak in opposition. Chairman Descoteaux requested to hear from anyone who wished to speak in favor of the application. Stephen Greene, resident of Market Street, spoke in favor of the LLC members operating the licensed establishment. The hearing was declared closed, and the Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve the transfer of the all alcoholic beverages restaurant license from The Vibe Lounge, Inc. to Warp & Weft, LLC. The Commission approved Craig Faulkner as manager of record of Warp & Weft, LLC. The following license applications by Warp & Weft, LLC were approved: common victualler, and entertainment in a licensed restaurant for live music, disc jockey, and juke box. The Commission reviewed the request for pub crawl license continued from September 28, 2017 by organizers, Nick Morano, Robert Johnson, and Mike Tecci doing business as “Whats Poppin” of Stoneham, for Saturday, October 28, 2017 from 2:00 p.m. to 8:00 p.m. for downtown Merrimack, Middle, Palmer, and Market Sts. There was no organizer present to address the License Commission about the matter of the pub crawl for October 28, 2017. There were no representatives for the licensed establishments Blue Shamrock, Dudley’s, and The Village Smokehouse. Chairman Descoteaux stated that the City Council has made no decision to amend the City ordinance on pub crawls by allowing License Commission to use discretion when considering licensees who may have received disciplinary action of a license suspension in the past year. Chairman Descoteaux stated his concern [social media] promotion of the pub crawl License Commission minutes October 19, 2017 page 2 of 4 without the license having been granted. Captain Webb stated that the organizers did not contact him since the License Commission meeting of September 28th about security measures, e.g. Lowell police detail, for the pub crawl. Commissioners Krieger, McCarthy, Howe, and Donahue spoke of their concern and displeasure for there has been no follow-up by organizers since September 28th meeting. Commissioner Donahue asked if there have been any actions regarding the wearing of wrist band, tee shirts by patrons. Chairman Descoteaux asked Captain Webb about the presence of police in the downtown area during the pub crawl. Captain Webb stated the Lowell Police Department will have two (2) officers. Commissioner Howe expressed outrage that there is no one here; there should be a communication that there has been no pub crawl license for the scheduled date of the event. Commissioner Krieger noted the meeting minutes of September 28th as being short on the details of the discussion about pub crawl licensing. Commissioner Krieger stated we should be very specific, contact the parties involved with the pub crawl. Commissioners Howe and Donahue stated the promoter is to contact the Lowell Police Department. Commissioner McCarthy stated no license has been granted. Commissioner Howe spoke of the establishments Bar 74 and Revolution would be affected by the pub crawl if it is to happen, and since the organizer did not meet with Lowell Police Department, the pub crawl license should be denied. Captain Webb stated he will communicate with The Village Smokehouse since it is the site for patrons to pick-up tee shirts from the organizers. At the conclusion of the discussion, on the motion by Commissioner McCarthy, second by Commissioner Krieger, the Commission voted unanimously to deny a license for pub crawl to organizers, Nick Morano, Robert Johnson, and Mike Tecci doing business as “Whats Poppin” of Stoneham, for Saturday, October 28, 2017 from 2:00 p.m. to 8:00 p.m. The Commission requested the Executive Secretary draft a communication for their review for the purpose of License Commission minutes October 19, 2017 page 3 of 4 notifying the managers of Blue Shamrock, Dudley’s, and The Village Smokehouse of the denial of a pub crawl license for October 28, 2017. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 6:45 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ***** License Commission minutes October 19, 2017 page 4 of 4