License Commission

Minutes for the Lowell License Commission meeting for Thursday, December 5, 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 Terry McCarthy, and Martha Howe, and John Hucksam, Assistant City Solicitor, and Captain James Hodgdon of the Lowell Police Department. Absent: Clifford Krieger and Joseph Donahue, Commissioners The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve meeting minutes for November 21, 2019. The Commission reviewed the applications for special one-day license to sell/dispense malt beverages and wines only, or either one: Jack Huang was present, as representative for Ashley Roper, Catering Manager, Aramark, for events at the Allen House, 2 Solomont Way: Mechanical Engineering Holiday Party, Friday, December 13, 2019, 4:00 p.m. to 10:00 p.m.; and Sociology Retirement Celebration, Monday, December 16, 2019, 1:00 p.m. to 6:00 p.m.; for event at Saab ETIC Atrium, 40 University Ave., Launch Networking Reception, Friday, January 24, 2020, 3:00 p.m. to 7:00 p.m. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve licenses for Ashley Roper of Aramark. The Commission reviewed the application by Guy Meyitang, present, for event at the Hellenic American Academy Hall, 41 Broadway, wake keeping, Saturday, December 7, 2019, 8:00 p.m. to 1:00 a.m. Chairman Descoteaux asked about Mr. Meyitang about attendance to be expected. Mr. Meyitang stated he expected 150 people. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to approve license for Guy Meyitang. The Commission opened the public hearing on the application filed by 99 Restaurants of Boston, LLC, Goodloe M. Partee, Secretary, all alcoholic beverages restaurant licensee for premises at 850 Chelmsford Street, for change of officers/directors, and a change of ownership interest, a stock transfer. Mariel Cabot, License Commission minutes December 5, 2019 page 1 of 4 Paralegal for Devlin Law Offices, L.L.C., was present to answer questions about the application. Chairman Descoteaux opened the hearing for public comment. There was no one present to speak in favor of the application. There was no one present to speak in opposition of the application. Chairman Descoteaux declared the public hearing closed. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve the application by 99 Restaurants of Boston, LLC. The Commission reviewed the list of alcohol beverage corporate licensees which have been listed on the web-site of the Massachusetts Secretary of State Corporations Division as administratively dissolved. Chairman Descoteaux and Commissioner Howe discussed the means for reinstatement which is available by way of the Massachusetts Department of Revenue, and said Corporations Division. Chairman Descoteaux addressed the following individuals: Phetmanyvanh Sengkeomyxay, Manager of Pleasant Spirits, Inc., premises at 358 Mammoth Rd. Louis Ly, Manager of Costa Verde Corp., d/b/a La Pradera, premises at 1717 Middlesex St., units 6 & 7; Nissay Liek, Manager of Monorom Inc., premises located at 1671 Middlesex St. The Executive Secretary presented the Commission with updated information that legal counsel for the following corporate licensees: Khompong Thom Market, Inc., d/b/a Appleton Liquors, 171 Appleton St.; Kompong Thom Market, Inc., d/b/a 1300 Liquors, 1300 Gorham St.; Sunnyda Restaurant, Inc., 454 Chelmsford St.; and Sompao Meas Hall, Inc., Kimmaley Mam, Manager [present at meeting], 450 Chelmsford St., sent email communication to confirm that he is working with an accountant who has processed tax information with the Massachusetts Department of Revenue (DOR). Upon issuance of certificate of good standing from DOR, the attorney will file with the Corporations Division application for reinstatement for each corporate licensee. Chairman Descoteaux asked Assistant Solicitor Hucksam about the legality of a licensee conducting business under the circumstances of corporate dissolution. Asst. Solicitor Hucksam stated a business may be allowed a reasonable period of time to resolve a tax issue prior to applying for reinstatement; the business during that period may be allowed to maintain the license. At the conclusion of discussion, The Commission, at the recommendation of Chairman License Commission minutes December 5, 2019 page 2 of 4 Descoteaux, to review, if necessary, in ninety (90) days with each manager the corporation’s application for reinstatement. The Commission reviewed the application for special one-day license to sell/dispense malt beverages and wines only, or either one from Ellen Casazza of Curation 250 Gallery, 250 Jackson St., Artist Reception for the "Holiday Rotator Show", Saturday, December 14, 2019, 6:30 p.m. to 8:30 p.m. Ellen Casazza was present. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve the license for Ellen Casazza. The Commission was informed by the Executive Secretary of the list of 2020 Renewal for Alcohol Beverages filed November 2019 in accordance with MGL c. 138, s. 16A – hotels, restaurants, clubs, and package stores. The issuance of licenses will occur upon each on-premises licensee receiving a 2020 certificate of inspection, and update of the certificate of liquor liability insurance. Chairman Descoteaux noted satisfaction with the list. The Commission reviewed the application by New England Auto Mall Inc., Roberto Mazzinghy, President, Yasmin Mazzinghy Portilho, Treasurer, for used car Dealer license, Class II, for premises at 511 Middlesex Street, an open lot approx. 4,000 sq. ft. with on story building approx. 750 sq. ft. The licensee of record for 2019 is Middlesex Auto Sales, Corp., Valdir L. Borba, President, d/b/a Middlesex Auto Sales, #731-B, with the condition of a maximum number of cars is eight (8). The following individuals were present: Roberto Mazzinghy and Yasmin Mazzinghy Portilho. Chairman Descoteaux asked if they were requesting the license for the balance of 2019. Ms. Mazzinghy Portilho stated that they would be. Commissioner Howe inquired of having auto mechanic to fix cars, and if a customer may have an independent mechanic check a vehicle for sale. Yasmin Mazzinghy Portilho stated her father, Roberto, has 19 years’ experience as an auto mechanic, and has sold cars. Ms. Mazzinghy Portilho indicated that she has auto sales experience. And that a customer may have a vehicle independently checked. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Howe, voted to grant a Second Hand Motor Vehicles: Class II, used car Dealer license [# 770-B] to New England Auto Mall License Commission minutes December 5, 2019 page 3 of 4 Inc., Roberto Mazzinghy, President, Yasmin Mazzinghy Portilho, Treasurer, for premises at 511 Middlesex St., an open lot approx. 4,000 sq. ft. with on story building approx. 750 sq. ft., for the license year to expire January 1, 2020, with the following conditions - maximum number of cars is eight (8). The Class II license granted and issued to Middlesex Auto Sales, Corp., Valdir L. Borba, President, d/b/a Middlesex Auto Sales, #731-B, for 2019 will be surrendered for cancellation prior to issuance of license to New England auto Mall Inc. The Commission reviewed the communication from Raymond Kelly Richardson, Superintendent of Police, dated November 25, 2019 to John Descoteaux, Chairman, License Commission re: allegations of misconduct charged against Blue Shamrock, Inc., Nick Petrakos, Manager, all alcoholic beverages restaurant licensee at 105 Market St. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to schedule the hearing for the Blue Shamrock, Inc. for Thursday, December 19, 2019 at 6:00 p.m. to be held in the City Council Chamber. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted by roll-call, Chairman Descoteaux – yes, Commissioner McCarthy – yes, Commissioner Howe – yes, Commissioner Krieger, absent, Commissioner Donahue, absent, to enter executive session – Regarding Matter of Litigation, Namely LD Holdings d/b/a Revolution v. Lowell License Commission, Public Discussion of Which Could Have a Detrimental Effect on the City’s Position. At 6:35 p.m., Chairman Descoteaux announced that the Commission would not return to regular session; the meeting will adjourn at the conclusion of the executive session. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ******* License Commission minutes December 5, 2019 page 4 of 4