License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, September 17, 2020 at 6:00 p.m., held 2 In compliance with Governor Baker’s Emergency Order Modifying the State’s Open Meeting Law Issued 3 March 12, 2020 by ZOOM: 4 https://zoom.us/j/6758760853?pwd=bGtmT1R2UW9HTGtpdEoxUGFieVJMdz09 5 Meeting ID: 675 876 0853 6 P as s c o d e: 2x R BR 8 7 Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Terry McCarthy, 8 Martha Howe and Joseph Donahue; and Gary Gordon, Assistant City Solicitor. 9 Chairman Descoteaux convened the meeting at 6:00 p.m. 10 The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to 11 approve meeting minutes for August 20, 2020 with the correction on page 2, line 23 delete “Asst. LaGrassa 12 reach the additional step.” The Commission, on the motion by Commissioner Krieger, second by 13 Commissioner Donahue, voted to approve executive session minutes for August 20, 2020 by adding the 14 word “that” in line 9. 15 The Commission opened the public hearing on the application by V M Corp, d/b/a The Windsor Shoppe, 16 Vatsal Patel, President, a malt beverages & wines package store licensee at 583 Westford St., for change of 17 officer, director, manager of record, and transfer of corporate stock. The following individuals appeared via 18 ZOOM video: Vatsal Patel, Krupal Patel, and Attorney John M. Mooradian of Demakis Law Offices, P. C., 19 of Lynn, MA as legal counsel for V M Corp. Legal notice was published in local newspaper September 7, 20 2020. Attorney Mooradian stated that Chirag Patel is selling his stock to Vatsal Patel, who will be the sole 21 officer, and a director. Krupal Patel will be a director, and the manager of record; he is working at the store. 22 Commissioner Donahue questioned the transaction since Vatsal Patel is an out-of-state resident. Attorney 23 Mooradian stated Krupal Patel is an American citizen who will be a director, not a shareholder. Vatsal Patel 24 addressed the Commission via ZOOM. He stated that he is a UMass-Lowell graduate, and he is involved 25 with the stock transfer to help his family. Commissioner Donahue recommended that Vatsal Patel keep tabs 26 on the business. Commissioner Krieger stated the manager of record should understand that there is to be 27 no sale [malt beverages and wines] to underage customers. Attorney Mooradian stated that Krupal Patel is License Commission minutes September 17, 2020 page 1 of 4 1 TIPS certified. Chairman Descoteaux opened the public hearing for comment. There was no one to appear 2 to speak in opposition to the application, and there was no one to appear to speak in favor of the application. 3 Chairman Descoteaux closed the public hearing. The Commission, on the motion by Commissioner 4 Donahue, second by Commissioner McCarthy, voted unanimously to approve the application by V M Corp 5 for change of officer, director, manager of record, and the transfer of corporate stock. 6 The Commission reviewed the application by Chanrith Chea, d/b/a Apsara Jewelry, for a license for Old 7 Gold, Silver, and Platinum for premises at 733 Middlesex St. Chanrith Chea appeared before the 8 Commission via ZOOM. Mr. Chea stated the police came into [store] to check for proper licenses. 9 Commissioner Donahue questioned Mr. Chea about his business. Mr. Chea stated he buys second-hand 10 jewelry. Commissioner Krieger questioned Mr. Chea if he understood the requirements. Mr. Chea stated 11 he did; police officer asked that he email copy of the license by the next business day. The Commission, on 12 the motion by Commissioner Howe, second by Commissioner Donahue, voted to approve a license for Old 13 Gold, Silver, Platinum to Chanrith Chea, d/b/a Apsara Jewelry, 733 Middlesex St., for the license period 14 May 1, 2020 to April 30, 2021. 15 The Commission opened the hearing(s) for the all alcoholic beverages restaurant licensee to determine the 16 status for renewal of license(s) for calendar year 2020: 17 LD Holdings, LLC, d/b/a Bar 74 Lounge & Grill, 76-78 Merrimack Street 18 LD Holdings, LLC, d/b/a Revolution, 74 Merrimack Street 19 There was no one to appear on ZOOM to represent LD Holdings, LLC. Asst. City Solicitor Gordon stated 20 that the Commission may consider the matter as a non-renewal for LD Holdings because of the failure to 21 comply with requirements, i.e. certificate of inspection, and certificate of liquor liability insurance. There 22 was no follow-up after filing renewal applications for each alcohol beverages license in November 2019. 23 Commissioner Donahue stated that the licenses were [void] in January [2020] when there was no follow- 24 up. After a discussion, the Commission, on the motion by Commissioner Donahue, second by 25 Commissioner Howe, voted unanimously that LD Holdings, LLC, d/b/a Bar 74 Lounge & Grill, 76-78 License Commission minutes September 17, 2020 page 2 of 4 1 Merrimack St., and LD Holdings, LLC, d/b/a Revolution, 74 Merrimack St., failed to comply with the 2 renewal of licenses for all alcoholic beverages restaurant for calendar 2020. 3 The Commission opened the public hearing to consider an increase in the fee for legal notice publication 4 from the current fee of $175.00 for the Publication of a Legal Notice in the Local Newspaper, page 15 of 5 the Alcohol Beverages Regulations for Licenses Issued by the Lowell License Commission. The Executive 6 Secretary explained there has been an increase in the cost for publication of legal notices in the Lowell Sun 7 newspaper, then citing Massachusetts law, chapter 138, section 15A, an applicant is responsible for the 8 payment for the publication, and recommended an increase in the fee from $175.00. Commissioner Howe 9 made the motion to increase the publication fee by $25.00 to the amount of $200.00, second by 10 Commissioner McCarthy. Chairman Descoteaux opened the public hearing for comment. There was no one 11 to speak in favor or against an increase in fee. After discussion, the Commission voted unanimously to 12 increase the fee to $200.00, effective forthwith. 13 Commissioner Donahue introduced for consideration a review of license fees for alcohol beverages 14 licensees for bars and restaurants in reaction to the COVID-19 pandemic response by Governor Baker in 15 March 2020. Chairman Descoteaux stated we should discuss the matter at an upcoming meeting. The 16 Commission reached a consensus to discuss the license fees for bars and restaurants at the meeting to be 17 held on October 22, 2020. 18 The Commission reviewed the communications from Raymond Kelly Richardson, Superintendent of 19 Police, regarding on-premises licensees for alcohol beverages: 20 Portuguese-American Center, Inc., 59 Charles St. for COVID-19 Order #13 violation on March 30, 2020; 21 Thirsty First Tavern & Grill Corp., 276-280 Central St. for violation on July 31, 2020 of Regulation 1.20 22 Illegal Activities; for violation on August 7, 2020 for COVID-19 Reopening Plan Phase III for outdoor 23 seating. 24 The Commission, on the motion by Commissioner Howe, second by Commissioner Donahue, voted to 25 schedule hearings for the Portuguese American Center, Inc., and Thirsty First Tavern & Grill Corp. for 26 Thursday, October 8, 2020 at 6:00 p.m. via ZOOM video conference. License Commission minutes September 17, 2020 page 3 of 4 1 The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to 2 adjourn the meeting at 6:30 p.m. 3 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 4 ******* License Commission minutes September 17, 2020 page 4 of 4