License Commission

Minutes for the Lowell License Commission meeting for Thursday, June 20, 2019 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, Martha Howe, and Joseph Donahue; Captain James Hodgdon of the Lowell Police Department. Absent: Commissioner Terry McCarthy The Commission reviewed the meeting minutes for May 23, 2019 and June 6, 2019. Commissioner Krieger made the motion to insert in the June 6th minutes that the Commission agreed to defer review of the meeting minutes for May 23, 2019 until the next scheduled meeting; further, to approve the minutes for May 23, 2019 with insert, and June 6, 2019, second Commissioner Donahue, so voted. The Commission reviewed the application for special one-day license to sell/dispense all alcoholic beverages by Paul Beaulieu of Lowell Lodge of Elks, for site of outdoor grounds of Elks Club, 40 Old Ferry Rd., the Lowell Elks Veteran's Fundraiser benefiting Wounded Warrior Project, Saturday, June 29, 2019, 10:00 a.m. to 10:00 p.m. Paul Beaulieu was present. Mr. Beaulieu stated the event is a fundraiser, and the club will use the green space in back. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to approve the license for Paul Beaulieu for June 29, 2019. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages and wines only, or either one by Siamphone Kameron Xaiyavong for enclosed outdoor area in front of Gold Bar restaurant, 177 Merrimack St., Lowell Folk Festival 2019, Saturday, July 27, 2019, 12:00 p.m. to 7:00 p.m., and Sunday, July 28, 2019, 12:00 p.m. to 7:00 p.m. Mr. Xaiyavong was present. Mr. Xaiyavong stated that he requested license for Friday, July 26th not for Sunday, July 27, 2019. Chairman Descoteaux stated that on Friday, the Folk Festival activity would begin with a parade up Merrimack Street, after the street closing. Captain Hodgdon stated it is his understanding that street closing will occur after 4 p.m. or 5 p.m., and the parade would move up Merrimack Street approximately 6 p.m., with final License Commission minutes June 20, 2019 page 1 of 5 stop at Boarding House Row Park. Chairman Descoteaux stated it would not allow much time for an outdoor service. Mr. Xaiyavong stated he would then request the Sunday license, and not for Friday. Commissioner Donahue asked about the set-up Mr. Xaiyavong had in mind. Mr. Xaiyavong stated he would use fencing, but offer no seating. Service of beer and wine would by T.I. P. S. servers as he is certified. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, approved license for Siamphone Kameron Xaiyavong for enclosed outdoor area in front of Gold Bar restaurant, 177 Merrimack St., for Saturday, July 27, 2019, 12:00 p.m. to 7:00 p.m., and Sunday, July 28, 2019, 12:00 p.m. to 7:00 p.m. The Commission reviewed applications for special events permit for the amplification of sound from the following individuals: Eric Sack of Lowell Southeast Asian Water Festival, for live music, d. j., amplified speakers, at the Southeast Asian Water Festival, Saturday, August 17, 2019, from 10:00 a.m. to 6:00 p.m., Heritage Sampas Pavilion, Pawtucket Blvd. Eric Sack was present. Masada Jones of The Center for Hope and Healing, 21 George Street, Suite 400, sound system for Youth Pride BBQ, Friday, June 28, 2019, 2:30 p.m. to 8:00 p.m., at the parking lot between Glenn St. and Williams St. Masada Jones was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, approved special events permit for amplification for Eric Sack for August 17, 2019, and Masada Jones for June 28, 2019. The Commission reviewed Sidewalk Stand applications from the following individuals: Maria Garcia of Gentlemen's District, Gentlemen's District Co., 23 Central Street, Seasonal April to October 2019. Maria Garcia was present. Jill Bergin of Lowell Family Dental Practice, Iham Gammas DMD LLC, 133 Market Street, Lowell Folk Festival July 27, 28, 2019. Jill Bergin was present. License Commission minutes June 20, 2019 page 2 of 5 Zachary Smith of Little Delights, ZDS Holdings LLC, 132 Merrimack Street, Lowell Folk Festival July 26, 27, 28, 2019. Zachary Smith was present. The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, approved the Sidewalk Stand licenses for Gentlemen’s District Co., Lowell Family Dental Practice, Iham Gammas DMD LLC, and Little Delights, ZDS Holdings LLC. The Commission reviewed the application by 99 Restaurants of Boston, LLC, all alcoholic beverages restaurant licensee for premises at 850 Chelmsford Street for change of manager of record to Christopher R. Comas of Hudson, MA. Christopher Comas was present. Mr. Comas stated he is T.I.P.S. certified, and has managerial experience with 99 Restaurants. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to approve Christopher R. Comas as manager of record for 99 Restaurants of Boston, LLC. The Commission opened the public hearing on the application for an all alcoholic beverages restaurant license by Lemon and Thyme Inc., d/b/a Lemon and Thyme Bistro, Ned Altali, President, for premises at 491 Dutton Street, Unit 4, 1st floor, 2,000 square feet, a raised platform for fence enclosed dining area, kitchen, work-area, storage room. It is requested that Ned Altali be approved as manager of record for Lemon and Thyme Inc. Lemon and Thyme Inc. has applied for license for common victualler, and entertainment in a licensed restaurant-live music, disc jockey & juke box. The following individuals were present: Ned Altali and Attorney Christopher M. Flood of Marlborough, MA, legal counsel for Lemon and Thyme Inc. Attorney Flood stated that Mr. Altali is T.I.P.S. trained, that the restaurant is located in the lobby of the building; the restaurant is on a raised platform with fence, and gate, bar service will be available. There were will be no passing of drinks outside the raised platform space. Mr. Altali will not offer a nightclub, but entertainment will include occasional comedian or guitarist. Mr. Altali is requesting a license with a legal closing time of 11 p.m. Commissioner Donahue asked about the open seating. Attorney Flood stated there will be no open seating, tables will be enclosed. Commissioner Krieger License Commission minutes June 20, 2019 page 3 of 5 inquired about the nature of the cuisine. Attorney Flood stated menu will be primarily Lebanese. Commissioner Howe inquired about the tenants in the building. Attorney flood stated above the first floor, there are residential tenants. Commissioner Donahue asked about the communication from an abutter, Brian Wall of 491 Dutton St., Unit 301, Lowell, MA. Attorney Flood stated that Mr. Altali will be serving food, and offer alcohol beverages to complement food. Chairman Descoteaux opened the hearing for individuals who would like to speak in opposition to the application. There were none. Chairman Descoteaux opened the hearing for individuals who would like to speak in favor of the application. There were none. Chairman Descoteaux announced the public hearing is closed. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to grant an all alcoholic beverages restaurant license to Lemon and Thyme Inc., d/b/a Lemon and Thyme Bistro, Ned Altali, President, for premises at 491 Dutton Street, Unit 4, 1st floor, for the license year to expire December 31, 2019. The Commission approved Ned Altali as manager of record for Lemon and Thyme Inc. The Commission voted to grant licenses for common victualler, and entertainment in a licensed restaurant for live music, disc jockey, juke box for calendar year 2019. The Commission reviewed the application by Willow Spring Vineyards, LLC, James Parker, Manager, a Farmer-Winery A.B.C.C. license # FW-62, for license to sell at a Farmer’s Market at Lowell’s Farmers’ Market, 258 Merrimack Street, July 12, 26, August 9, 23, September 20, 2019. Ms. Jenna Parker was present. Ms. Parker explained that her father James Parker is expected to be present. Chairman Descoteaux discussed with Ms. Parker the responsibilities of the manager at the farmer’s market. Ms. Parker stated Willow Spring employees are T.I.P.S. certified; she will be present for one or more of the five (5) dates scheduled. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to approve the license for Willow Spring Vineyards, LLC, a Farmer Winery to sell at Lowell’s Farmers’ Market on July 12, 26, August 9, 23, and September 20, 2019. License Commission minutes June 20, 2019 page 4 of 5 The Commission reviewed the application by Renay M. Wolterding, d/b/a Mill City BBQ & Brew, an all alcoholic beverages restaurant licensee at 1018 Gorham Street, for change of location to 11 Kearney Square, 3,750 square feet, 2 entrances, 2 exits, first floor dining and kitchen, basement storage only. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to schedule the public hearing for July 11, 2019 at 6:00 p.m. in the City Council Chamber. The publication of the legal notice is June 28, 2019 in the Lowell Sun newspaper; abutters to be notified by applicant. 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 June 20, 2019 page 5 of 5