License Commission

Minutes for the Lowell License Commission meeting for Thursday, December 19, 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, Terry McCarthy, Martha Howe, and Joseph Donahue, and Adam LaGrassa, Assistant City Solicitor, and Captain James Hodgdon of the Lowell Police Department. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve meeting minutes for December 5, 2019, ayes – Chairman Descoteaux, Commissioners McCarthy, Howe; present – Commissioners Krieger, Donahue The Commission reviewed the applications for special one-day license to sell/dispense malt beverages and wines only, or either one: Ellen Casazza was present. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to approve the request by Ellen Casazza, Curation 250 Gallery, 250 Jackson St., to amend event date for Artist Reception for the "Holiday Rotator Show," from Saturday, December 14, 2019 to Saturday, December 21, 2019 from 6:30 p.m. to 8:30 p.m. [license originally approve 12-5- 2019]. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Donahue, voted to approve license for Ellen Casazza of Curation 250 Gallery, 250 Jackson St. for Artist Reception for "Swan Song," Saturday, January 25, 2020, 6:30 p.m. to 8:30 p.m. The Commission reviewed the application for special one-day license to sell/dispense all alcoholic beverages by Janelle Drake of The Key Foundation, Inc., for the Annual Fundraiser Concert, Saturday, January 18, 2020, 6:30 p.m. to 10:30 p.m., at The Onyx Room, 122 Western Ave. Janelle Drake was present. Ms. Drake responded to Chairman Descoteaux’s question that the event is to benefit the Scouting program; approximately 70 to 100 people are expected. The Commission, on the motion by Commissioner Howe, second by Commissioner Krieger, voted to approve the license for Janelle Drake of The Key Foundation. License Commission minutes December 19, 2019 page 1 of 4 The Commission reviewed the application by Aaronap Cellars LLC, Noel A. Powell, Manager, a Farmer Winery FW-LIC-000084, for a license to sell wine at a Farmer’s Market at the premises of 250 Jackson St., Mill No. 5, vendor space on 4th and 5th floors, Sundays commencing January 5 thru June 28, 2020, 11:00 a.m. to 3:00 p.m. Noel Powell was present. The Commission, on the motion by Commissioner Donahue, second by Commissioner Krieger, voted to approve the license for Aaronap Cellars LLC. The Commission reviewed the application by Best Auto Bargain, Inc., Aram Arakelian, President, for used car Dealer license Class II, for premises at 90 Stedman Street, Unit 3, for the calendar year 2020. Best Auto Bargain, Inc. is requesting 21 additional motor vehicles for the frontage, and 3 vehicles for the garage. The open lot proposed is 30,000 sq. ft. Unit 3 for garage and office is 1100 sq. ft. Aram Arakelian, d/b/a Best Auto Bargain, is the licensee for used car Dealer, Class II, # 724-B, for an open lot approximately 23,000 sq. ft. with garage and office approx. 1100 sq. ft. The License Commission established the following conditions in 2008: maximum number of motor vehicles for sale/storage at 63; no junk motor vehicles or parts thereof. Aram Arakelian was present. Chairman Descoteaux asked Mr. Arakelian about the request to increase the number of vehicles. Mr. Arakelian stated since he purchased the lot he has more storage area in front. The Commission discussed the change in ownership, as a result Chairman Descoteaux asked Assistant Solicitor LaGrassa about a lease agreement. Asst. Solicitor LaGrassa recommended a lease agreement between Mr. Arakelian and the corporation, Best Auto Bargain, Inc. The Commission, on the emotion by Commissioner Donahue, second by Commissioner Howe, voted to approve the license for Second Hand Motor Vehicles, Class II, used car Dealer [#771-B] to Best Auto Bargain, Inc., Aram Arakelian, President, for premises 90 Stedman Street, Unit 3, open lot approx. 30,000 sq. ft. with garage and office approx. 1100 sq. ft., with the following conditions, a lease agreement; maximum number of motor vehicles for sale/storage outdoor 84, vehicles for indoor garage 3; no junk motor vehicles or parts thereof. The Commission opened the hearing on the allegations of misconduct for the Blue Shamrock, Inc., Nick Petrakos, Manager, all alcoholic beverages restaurant licensee at 105 Market St. as charged by Raymond License Commission minutes December 19, 2019 page 2 of 4 Kelly Richardson, Superintendent of Police, dated November 25, 2019. The following individuals were present: Nicholas C. Petrakos, manager of record for the Blue Shamrock; Captain James Hodgdon and Lieutenant David Peaslee of the Lowell Police Department. At the request of Chairman Descoteaux, Captain Hodgdon read the Superintendent’s allegations of misconduct, as follow: On November 9, 2019, 12:42 a.m., under the supervision of Lt. Peaslee, uniformed officers entered the Blue Shamrock to conduct an alcohol compliance check for underage drinking. Officers entered the establishment and observed the following youthful appearing individuals. Underage #1-Officer Goyette asked to see proof of legal age, who was in possession of a Bud Light beer. She presented a fraudulent Massachusetts driver’s license to Officer Goyette. Actual date of birth 08/11/2000 (age 19). Underage #1 was located upstairs in the establishment. Summons to Lowell District Court for minor in possession of actual (138-34C) and false ID (138- 34B) Underage #2-Officer Perrin asked for proof of legal age, who was in possession of a vodka lemonade. She presented a fraudulent Massachusetts driver’s license to Officer Perrin. Actual date of birth 10/11/2000 (age 19). Underage #2 was located upstairs in the establishment. Summons into Lowell District Court for minor in possession of alcohol (138-34C) and false ID (138-34B). Underage #3-Officer Jacques asked to see proof of legal age Underage #3 was located in the stairwell of the establishment. Underage #3 presented a valid Massachusetts driver’s license to Officer Jacques. Date of birth 09/16/99 (age 20). Underage #3 was in possession of a Corona beer. Underage #3 summons into Lowell District Court for minor in possession of alcohol (138- 34C). Underage #4-Officer Benjumea asked for proof of age, who was in possession of a vodka lemonade. She presented a fraudulent Massachusetts driver’s license to Officer Benjumea with an age of 28 years old. Underage #4’s actual date of birth 12/11/99 (age 19). Underage #4 will be summons into Lowell District Court for minor in possession of alcohol (138-34C) and false ID (138-34B). Underage #5-Officer Paradise asked to see proof of legal age, who was in possession of mixed drink containing vodka. He presented a valid Massachusetts driver’s license and University of Massachusetts-Lowell ID to Officer Paradise. Date of birth of 02/11/99 (age 20). Underage #5 told Officer Paradise he entered the establishment using his valid Massachusetts driver’s license. Underage #5 was located upstairs in the establishment. Summons into Lowell District Court for minor in possession of alcohol (138-34C). Mr. Petrakos addressed the Commission about the door policy of the Blue Shamrock, that no individual enters without a valid ID, and that he prefers to have employees who appear to be mature and have had military experience checking for valid IDs. License Commission minutes December 19, 2019 page 3 of 4 Lt. Peaslee stated to the Commission that on two previous compliance checks, one September 15, 2019, and a second visit in October 12, 2019, resulted with underage patrons found in possession with alcohol beverages. The third compliance check on November 9, 2019 resulted in five (5) underage patrons in possession of alcohol beverages. Lt. Peaslee explained the means to detect a false identification, displaying a false ID and the manner of detecting that it is a false ID. The Licensee, according to Lt. Peaslee, was informed by Lowell Police in September and October 2019 of the means to detect a false ID by directing a beam of light on the underside of an identification card. Chairman Descoteaux recommended that the Lowell Police offer a training seminar for licensees. Captain Hodgdon stated the department is looking into holding a seminar for that purpose. Commissioner Krieger recommended publication via local media – print, cable, and radio. Commissioner Donahue cited the Blue Shamrock decision of the Alcoholic Beverages Control Commission, dated January 23, 2019. Commissioner Donahue made the motion for a five (5) days suspension, one day for each violation, with three (3) days to serve effective at 8:00 a.m. on Thursday, January 16, 2020, and two (2) days to be held in abeyance for two (2) years (December 19, 2021) pending no further violation of chapter 138 M.G.L., and regulations of the Lowell License Commission. The motion was seconded by Commissioner Howe. Chairman Descoteaux called for a roll-call vote on the motion: ayes – Chairman Descoteaux, Commissioner Krieger, Commissioner McCarthy, Commissioner Howe, Commissioner Donahue. The vote was unanimous. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 6:35 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ******* License Commission minutes December 19, 2019 page 4 of 4