License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, November 5, 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://lowell-k12-ma-us.zoom.us/j/6758760853 5 Me e ti n g ID : 6 75 87 6 0 85 3 6 Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Terry McCarthy, 7 Martha Howe and Joseph Donahue; and Captain James Hodgdon of the Lowell Police Department. 8 Chairman Descoteaux convened the meeting at 6:00 p.m. 9 The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to 10 approve meeting minutes for October 22, 2020. 11 The Commission opened the public hearing continued from October 22, 2020 on the application 12 by Mill City Provisions LLC, d/b/a Lowell Culinary Collaborative, Elizabeth A. Falk, LLC 13 Manager, for the transfer of the malt beverages and wines package store license from Mill City 14 Cheesemongers, LLC, d/b/a Mill City Cheesemongers, Elizabeth A. Falk, LLC Manager, and for 15 change of location from premises at 250 Jackson Street, unit # 453, to premises at 160 Merrimack 16 Street, Unit B. The following individuals were present: Elizabeth Falk, and Attorney Angelique 17 M. Eliopoulos, legal counsel for Mill City Provisions, LLC. Ms. Falk reminded the Commission 18 of her desire to relocate her business to downtown Lowell, and to combine the sale of wine with 19 Sweet Lydia’s confectionary store. The transfer of license will include a new business partner, 20 Shannon Arenburg. Attorney Eliopoulos spoke of sending notification [legal notice] to the Lowell 21 Superintendent of Schools, St. Anne’s Episcopal Church, St. Joseph The Workers Shrine, and the 22 Lowell Middlesex Academy Charter School by certified mail, return receipt request. Chairman 23 Descoteaux opened the public hearing for comment. There was no one to speak in opposition of License Commission minutes November 5, 2020 page 1 of 5 1 the application. There was no one to speak in favor of the application. Commissioner Howe 2 expressed appreciation to Ms. Falk for moving downtown. Chairman Descoteaux closed the public 3 hearing. The Commission, on the motion by Commissioner Donahue, second by Commissioner 4 Howe, voted to approve the application by Mill City Provisions, LLC, d/b/a Lowell Culinary 5 Collaborative, for transfer of license from Mill City Cheesemongers, LLC, and for change of 6 location from 250 Jackson St. to 160 Merrimack St., Unit B. The Commission voted to approve 7 Elizabeth A. Falk as Manager of Record for Mill City Provisions, LLC. The Commission did not 8 find the action taken to approve said application will be detrimental to any school or church within 9 500 feet of premises at 160 Merrimack St. 10 The Commission opened the public hearing on the application by Hue Gallery LLC, Keyano Jump, 11 LLC Manager, for an all alcoholic beverages restaurant license for premises at 103 Market Street, 12 first floor, one room 1800 sq. ft., 1 entrance, 2 exits, basement for storage only. The following 13 individuals were present: Keyano Jump and Matthew Wolterding. Chairman Descoteaux asked 14 about their business plan. Mr. Jump stated that they plan to offer upscale drinks and food. There 15 will be entertainment. Occupancy is estimated to be ninety (90).The Commission reviewed the 16 affidavit of notification to abutters and others, white postal slips, return receipts. The Executive 17 Secretary stated that there are 230 abutters, the majority of which are owners of condo units at 200 18 Market St. The monetary cost for sending each notice via u.s.p.s. certified mail, return receipt, is 19 $6.40. The Commission was advised of the A.B.C.C. Executive Director’s statement when he 20 responded to a question about sending notice to owners of condos, in lieu of doing so, the applicant 21 [may] send legal notice to the condominium association, who, in turn, would notify the condo 22 owners. The primary source for sending notice to the condominium association is the Secretary of 23 the Commonwealth per the Executive Director. The Commission ordered the affidavit of License Commission minutes November 5, 2020 page 2 of 5 1 notification to abutters and others to be placed on file. Commissioner Donahue and Commissioner 2 Howe spoke to the decision to locate downtown, and that of the business of Mill City Bar B Que 3 at Kearney Sq. Mr. Jump stated that they are planning a February 1st opening (2021).Chairman 4 Descoteaux opened the public hearing for comment. There was no one to speak in opposition of 5 the application. There was no one to speak in favor of the application. Chairman Descoteaux closed 6 the public hearing. The Commission, on the motion by Commissioner McCarthy, second by 7 Commissioner Howe, voted to grant an all alcoholic beverages restaurant license to Hue Gallery 8 LLC for premises at 103 Market St. It was voted to approve Keyano Jump as manager of record 9 for Hue Gallery LLC. The Commission approved licenses for common victualler, and 10 entertainment in a licensed restaurant – live music, disc jockey, juke box for Hue Gallery LLC, 11 premises at 103 Market St. 12 The Commission opened the public hearing on the application by Panela Restaurant Corporation, 13 Juan P. Acevedo-Zuluaga, President, for transfer of license from The Sporting and Athletic Club 14 of Lowell, Inc., Juan P. Acevedo-Zuluaga, President, and for change of license type from all 15 alcoholic beverages club to all alcoholic beverages restaurant, for premises at 525 Market Street, 16 first floor, three rooms 4,349 sq. ft., 3 entrances, 3 exits. Attorney Greg Curtis, legal counsel for 17 Panela Restaurant Corporation, was present. Attorney Curtis, speaking for the applicant, stated 18 that Juan Acevedo-Zuluaga has shied away from club to retail restaurant, and would like to transfer 19 license to a regular retail establishment. Mr. Acevedo-Zuluaga requests to be approved as manager 20 of record. Applications for common victualler, entertainment in a licensed restaurant – live music, 21 disc jockey, juke box, and automatic amusement device are filed for Panela restaurant Corporation 22 for premises at 525 Market St. Attorney Curtis stated the there is a lease, and an amendment to the 23 lease with the property owner, Mar-Sac Realty Trust. Attorney Curtis that Mr. Acevedo-Zuluaga License Commission minutes November 5, 2020 page 3 of 5 1 is in business with his sister, Luz Viviana Duque, who has fifty (50%) percent interest, clerk, and 2 sole director of Panela Restaurant Corporation. Chairman Descoteaux and Attorney Curtis 3 discussed the interest Dennis Garneau had with The Sporting and Athletic Club of Lowell, Inc., at 4 the time (2019) Mr. Acevedo-Zuluaga became officer, director, and manager of record of said 5 licensee. There had been a transfer that involved a financial transaction between Mr. Garneau and 6 Mr. Acevedo-Zuluaga. The Commission reviewed the affidavit of notification to abutters and 7 others, white postal slips. Attorney addressed the affidavit, noting the postal service “short list,” 8 and the notification to the Hellenic Orthodox Holy Trinity Church of Lowell. Chairman 9 Descoteaux opened the public hearing for comment. There was no one to speak in opposition of 10 the application. There was no one to speak in favor of the application. The Executive Secretary 11 advised the Commission that the abutters and the Holy Trinity Church had not been sent notice in 12 accordance with section 15A of chapter 138, M.G.L., by certified mail, return receipt request. The 13 Commission discussed that there is precedence for having the applicant notify abutters a second 14 time under similar circumstances. Attorney Curtis agreed to comply with the statutory 15 requirement. The Commission, on the motion by Commissioner Howe, second by Commissioner 16 Donahue, voted to continue the public hearing to the next regular meeting, November 19, 2020 at 17 6:00 p.m. via ZOOM video conference. 18 The Commission reviewed the annual fees for alcohol beverages hotel, restaurant, and club 19 licenses for 2021. Commissioner Howe recommended some type of relief for licensees, stating the 20 Commission has a fiduciary responsibility regarding the City budget, that a communication to the 21 City Council requesting an advisory vote. Commissioner Krieger agreed with Commissioner 22 Howe’s recommendation, adding that taking in parts calendar year 2020, the first four months, 23 can’t earn money, then back to the first of July with outdoor seating, it (could) be proportional. License Commission minutes November 5, 2020 page 4 of 5 1 Commissioner Donahue stated he was in full accord to give bars, restaurants in the City financial 2 relief as recommended by Commissioner Howe. Some restaurants have gone into hibernation. 3 Commissioner McCarthy stated that financial relief for bars, restaurants is a good idea. Chairman 4 Descoteaux stated it is not the City Council, though the point is well taken, suggesting more input 5 for the next meeting on the 19th. Commissioner Krieger recommended reaching out to DPD. 6 Chairman Descoteaux stated that [DPD] is looking at a Federal grant, but agrees with other points; 7 one of us speak to licensees, due diligence. The Commission, on the motion by Commissioner 8 Krieger, second by Commissioner Howe, voted to continue the review of license fees to November 9 19, 2020. 10 The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to 11 adjourn the meeting at 6:40 p.m. 12 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 13 ******* License Commission minutes November 5, 2020 page 5 of 5