License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, October 8, 2020 at 6:00 p.m., held in 2 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 John R. Hucksam, Assistant City Solicitor, and Captain James 9 Hodgdon of the Lowell Police Department. 10 Chairman Descoteaux convened the meeting at 6:00 p.m. 11 The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to 12 approve meeting minutes for September 17, 2020. 13 The Commission reviewed the application for special events permit for the amplification of sound 14 by Savannah Marshall of Fresh Beets for sound system at Kerouac Park, free outdoor music 15 concert, Sunday, October 11, 2020, 1:00 p.m. to 7:00 p.m. Savannah Marshall was present. Ms. 16 Marshall stated that the event is a free concert from 2 p.m. to 5 p.m. It will be family fun; three 17 bands will perform. Ms. Marshall explained to the Commission that she understands the attendance 18 will be limited to fifty (50) people. People are encouraged to bring a blanket, volunteers will 19 encourage people to stay within the group, and other people in attendance can sit on the periphery. 20 The audience will be twenty-five (25) feet from the singers. The Commission stated satisfaction 21 with the event’s planning as described by Ms. Marshall. The Commission, on the motion by 22 Commissioner Krieger, second by Commissioner McCarthy, voted to approve the special events 23 permit for amplification of sound for Savannah Marshall of Fresh Beets for October 11, 2020. 24 The Commission opened the hearing on the allegation of misconduct from Raymond Kelly 25 Richardson, Superintendent of Police, regarding on-premises licensee for alcohol beverages License Commission minutes October 8, 2020 page 1 of 4 1 Portuguese-American Center, Inc., 59 Charles St. for COVID-19 Order #13 violation on March 2 30, 2020. The following individuals were present: Mark Cordero, representative for the club 3 licensee; Lt. David Peaslee of the Lowell Police Department. Chairman Descoteaux duly noted 4 that Mr. Cordero’s voice was inaudible during the video conference. Chairman Descoteaux moved 5 the matter to later in the meeting to allow Mr. Cordero time to review his audio options. 6 The Commission opened the hearing on the allegations of misconduct from Raymond Kelly 7 Richardson, Superintendent of Police, regarding on-premises licensee for alcohol beverages 8 Thirsty First Tavern & Grill Corp., 276-280 Central St. for violation on July 31, 2020 of Regulation 9 1.20 Illegal Activities; for violation on August 7, 2020 for COVID-19 Reopening Plan Phase III 10 for outdoor seating. The following individuals were present: Bernadette J. Goose, manager of 11 record for the licensee, Lt. David Peaslee and Officer Timothy Peaslee of the Lowell Police 12 Department. Lt. Peaslee opened with the statement that a driver for Jon Kazanjian’s towing was a 13 victim of an assault on July 31, 2020 in an area adjacent to the patio of Thirsty First. Individuals 14 from the motorcycle club, Hell’s Angels, were in the area, and a defendant of the club was under 15 arrest [for the assault]. Police officers went to see the manager of record at Thirsty First. Officers 16 spoke to Robert Gordon, working as manager of Thirsty First the night of July 31st. Mr. Gordon 17 stated to the police that he was aware of the incident, saw the group who had been drinking on the 18 patio, did not report the assault to police. Lt. Peaslee stated that he had informed Mr. Gordon that 19 police would return to the [licensed establishment] on August 7, 2020 to check on compliance with 20 “workplace safety standards for restaurants to address COVID-19.” Officer Sullivan stated he was 21 involved with other officers checking Thirsty First on August 7th for compliance with safety 22 standards. Officer Sullivan stated patrons were standing around patio tables without masks and 23 without food on the tables. Chairman Descoteaux addressed Bernadette Goose about the License Commission minutes October 8, 2020 page 2 of 4 1 Superintendent’s complaints. Ms. Goose stated that staff, head bartender, at the Thirsty First is 2 certified for crowd control. Ms. Goose stated Thirsty First is not a biker bar. Lt Peaslee stated that 3 police have not noticed the establishment as a biker bar. Chairman Descoteaux asked Ms. Goose 4 how long she has been manager at the bar. Ms. Goose stated five (5) years. Lt. Peaslee stated that 5 this was the first incident [July 31, 2020]. Ms. Goose stated that Thirsty First has complied with 6 COVID-19 [mandate], have taken extra precaution. Commissioner Howe asked Ms. Goose if the 7 [head] bartender was aware to call the police, stating that calling the police is meant to help 8 deescalate an incident. Ms. Goose stated the bartender is aware, but [he] saw that the police had 9 arrived, and had surrounded the area on July 31st. Chairman Descoteaux stated that speaking for 10 the Commission there had been no other issue during that night, an aberration. Chairman 11 Descoteaux made the motion that the incident be placed on file, seconded Commissioner 12 McCarthy, so voted. Chairman Descoteaux followed the recommendation of Commissioner 13 Donahue to take up the incident of August 7th when Lowell police cited Thirsty First for alleged 14 violations of Governor Baker’s COVID-19 mandate for social distancing, and that there be food 15 service with alcohol beverages at the outdoor patio. After a discussion, the consensus of the 16 Commission was to place the August 7th incident on file. Commissioner Krieger made the motion 17 to place the matter on file as a good solution, seconded by Commissioner Howe, so voted. 18 After the decision to move the Portuguese-American Center hearing to the end of the agenda, Mr. 19 Cordero’s voice remained inaudible, Chairman Descoteaux made the motion to continue the 20 hearing to October 22, 2020, seconded by Commissioner McCarthy, so voted. 21 The Commission reviewed the application by Mill City Provisions LLC, d/b/a Lowell Culinary 22 Collaborative, Elizabeth A. Falk, LLC Manager, for the transfer of the malt beverages and wines 23 package store license from Mill City Cheesemongers, LLC, d/b/a Mill City Cheesemongers, License Commission minutes October 8, 2020 page 3 of 4 1 Elizabeth A. Falk, LLC Manager, and for change of location from premises at 250 Jackson Street, 2 unit # 453, to premises at 160 Merrimack Street, Unit B. On the motion by Commissioner 3 McCarthy, second by Commissioner Donahue, the Commission voted to ratify the publication of 4 legal notice in Lowell Sun newspaper for October 9, 2020; and to hold the public hearing October 5 22, 2020 at 6:00 p.m. via ZOOM. 6 The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to 7 adjourn the meeting at 6:35 p.m. 8 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 9 ******* License Commission minutes October 8, 2020 page 4 of 4