License Commission

Minutes for the Lowell License Commission meeting for Thursday, October 22, 2020 at 6:00 p.m., held in compliance with Governor Baker’s Emergency Order Modifying the State’s Open Meeting Law issued March 12, 2020 by ZOOM: https://zoom.us/j/6758760853?pwd=bGtmT1R2UW9HTGtpdEoxUGFieVJMdz09 Meeting ID: 675 876 0853 Passc ode : 2 xR BR 8 Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Terry McCarthy, Martha Howe and Joseph Donahue; and Captain James Hodgdon of the Lowell Police Department. Chairman Descoteaux convened the meeting at 6:00 p.m. The Commission, on the motion by Commissioner Krieger, second by Commissioner Howe, voted to approve meeting minutes for October 8, 2020. The Commission opened the hearing continued from October 8, 2020 on the allegation of misconduct from Raymond Kelly Richardson, Superintendent of Police, regarding on-premises licensee for alcohol beverages Portuguese-American Center, Inc., 59 Charles St. for COVID-19 Order #13 violation on March 30, 2020. The following individuals were present: Lt. David Peaslee of the Lowell Police Department; John Oliveria and Mark Cordero of Portuguese-American Center, Inc. Mr. Cordero addressed the Commission; he stated that he agreed with the police report. There had been several members in the club who were servicing the refrigeration, there had been cold beer on the bar which was a misunderstanding by the members. Lt. Peaslee stated there have been no issues with the club before or since the finding of the police on March 30th. The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to place the Superintendent of Police communication and police report on file. The Commission opened the public hearing on the application by Mill City Provisions LLC, d/b/a Lowell Culinary Collaborative, Elizabeth A. Falk, LLC Manager, for the transfer of the malt beverages and wines package store license from Mill City Cheesemongers, LLC, d/b/a Mill City License Commission minutes October 22, 2020 page 1 of 4 Cheesemongers, Elizabeth A. Falk, LLC Manager, and for change of location from premises at 250 Jackson Street, unit # 453, to premises at 160 Merrimack Street, Unit B. The following individuals were present: Elizabeth Falk, and Attorney Angelique M. Eliopoulos, legal counsel for Mill City Provisions, LLC. Ms. Falk addressed the Commission; she stated that she has partnered with the owner of “Sweet Lidia’s” Gourmet Candy, Shannon Arenburg, and is requesting a change of location from 250 Jackson St. to 160 Merrimack St., Unit B. The Executive Secretary spoke of the abutter notification requirement in compliance with MGL Chapter 138, section 15A. Attorney Eliopoulos acknowledged that religious institutions, elementary and secondary school governing bodies, and hospitals are included with abutters. After a discussion, the Commission, on the motion by Commissioner Krieger, second by Commission Donahue, voted to continue the public hearing to the next regularly scheduled meeting on November 5, 2020, at that time the Commission will review the affidavit of notice of mailing to abutters, religious institutions, and governing bodies of schools and hospitals. The Commission opened the hearing on the application for Second Hand Motor Vehicles – Used Car Dealer, Class II, from New England Auto Center Inc., Roberto Mazzinghy, President, Yasmin M. Portilho, Treasurer, for premises at 859 Gorham St., Open lot approx. 5,679 sq. ft. with office building approx. 220 sq. ft. The following individuals were present: Roberto Mazzinghy and Yasmin M. Portilho, corporate officers, directors for New England Auto Center Inc. The Commission duly noted that the licensee for 2020 is Middlesex Auto Sales, Corp., # 736-B; open lot has the following conditions: Maximum number of motor vehicles for sale/storage is 20; no junk motor vehicles or parts thereof, string lights or banners. Commissioner Howe asked about the location at 511 Middlesex St. Yasmin Portilho stated that they [licensee: New England Auto Mall Inc.] have five (5), six (6) cars on the lot, and have operated the business for eleven (11) months. License Commission minutes October 22, 2020 page 2 of 4 Ms. Portilho stated [she and her father] are looking to sell vehicles, latest models, higher priced, twenty (20) vehicles from the lot at 859 Gorham St. There is a mechanic in the shop at 511 Middlesex St. Chairman Descoteaux asked Captain Hodgdon if the police department has had to address any complaints. Captain Hodgdon stated no issue [with the licensee]. The Commission, on the motion by Commissioner McCarthy, second by Commissioner Krieger, voted to grant the license for Second Hand Motor Vehicles – Used Car Dealer, Class II, to New England Auto Center Inc., Roberto Mazzinghy, President, Yasmin M. Portilho, Treasurer, for premises at 859 Gorham St. [772-B] with the above conditions. The licensee of record at 859 Gorham Street, Middlesex Auto Sales, Corp., # 736-B, is to surrender for cancellation the 2020 Class II license. The Commission opened the hearing on the application by American Auto Sales, Inc., Joseph D’Ambroise, President, used car Dealer licensee, Class II, # 299-B, premises at 1060 Gorham Street, open lot approx. 4500 sq. ft., and office, for change of officers and directors. The following individuals were present: Joseph D’Ambroise, and Attorney Mary Connell, legal counsel for American Auto Sales, Inc. Attorney Connell stated that Joe D’Ambroise purchased the property, and Joseph Vivier resigned as officer, director. Atty. Connell stated that change of officers, directors was filed with the Corporations Division of the Secretary of the Commonwealth. Chairman Descoteaux duly noted the Class II license [680-B] Joseph D’Ambroise has for his business at 185 Lincoln St. The Commission, on the motion by Commissioner Howe, second by Commissioner McCarthy, voted to approve the change officers and directors for American Auto Sales, Inc. The Commission reviewed the application by Hue Gallery LLC, Keyano Jump, LLC Manager, for an all alcoholic beverages restaurant license for premises at 103 Market Street, first floor, one room 1800 sq. ft., 1 entrance, 2 exits, basement for storage only. The Commission ratified the License Commission minutes October 22, 2020 page 3 of 4 publication of the legal notice in Lowell Sun newspaper for October 23, 2020; public hearing to be held November 5, 2020 at 6:00 p.m. via ZOOM The Commission reviewed the application by Panela Restaurant Corporation, Juan P. Acevedo- Zuluaga, President, for transfer of license from The Sporting and Athletic Club of Lowell, Inc., Juan P. Acevedo-Zuluaga, President, and for change of license type from all alcoholic beverages club to all alcoholic beverages restaurant, for premises at 525 Market Street, first floor, three rooms 4,349 sq. ft., 3 entrances, 3 exits. The Commission ratified the publication of legal notice in Lowell Sun newspaper for October 23, 2020; public hearing to be held November 5, 2020 at 6:00 p.m. via ZOOM Chairman Descoteaux and Commissioner Donahue discussed a review by the Commission of license fees for alcohol beverages hotel, restaurant, and club licenses. Chairman Descoteaux requested further review at the next scheduled meeting November 5, 2020. The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to adjourn the meeting at 6:25 p.m. Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. ******* License Commission minutes October 22, 2020 page 4 of 4