License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, November 19, 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, Martha Howe and 7 Joseph Donahue. 8 Absent: Terry McCarthy, Commissioner 9 Chairman Descoteaux convened the meeting at 6:00 p.m. 10 The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to 11 approve meeting minutes for November 5, 2020. 12 The Commission opened the public hearing continued from November 5, 2020 on the application 13 by Panela Restaurant Corporation, Juan P. Acevedo-Zuluaga, President, for transfer of license 14 from The Sporting and Athletic Club of Lowell, Inc., Juan P. Acevedo-Zuluaga, President, and for 15 change of license type from all alcoholic beverages club to all alcoholic beverages restaurant, for 16 premises at 525 Market Street, first floor, three rooms 4,349 sq. ft., 3 entrances, 3 exits. The 17 following individuals were present: Juan P. Acevedo-Zuluaga, Attorney Greg Curtis, and legal 18 counsel for Panela Restaurant Corporation, Dennis Garneau, and Attorney Richard Grundy, legal 19 counsel for Dennis Garneau. Chairman Descoteaux addressed the Commission regarding the 20 communication from Attorney Richard Grundy. Attorney Curtis addressed the Commission on the 21 matter of the application by Panela Restaurant Corporation. Abutters were sent the published legal 22 notice by certified mail, return receipt request on November 9, 2020. Attorney Curtis filed affidavit 23 of notification November 19, 2020 at 2:55 p.m. in the Law office. The Commission ordered the 24 affidavit of notification to abutters and others to be placed on file with the copies of postal slips License Commission minutes November 19, 2020 page 1 of 3 1 and return receipts. Chairman Descoteaux opened discussion with Attorney Curtis and Attorney 2 Grundy on the claim by Mr. Garneau that a business transaction that he and Mr. Acevedo-Zuluaga 3 had entered in 2019 on the matter of The Sporting and Athletic Club of Lowell, Inc. has led 4 Attorney Grundy to make claim that there is a “breach of the agreement.” Attorney Grundy seeks 5 redress for Mr. Garneau’s claim that he is owed $63,000 by Mr. Acevedo-Zuluaga. Attorney Curtis 6 spoke of the November 2019 purchase and sales agreement after the License Commission [date of 7 approval 06-06-2019] and the Alcoholic Beverages Control Commission [09-27-2019] approved 8 application for change of officers, directors, manager of record for The Sporting and Athletic Club 9 of Lowell, Inc. Commissioner Howe cited the technicality on mailing notification to abutters duly 10 noted by the Commission two weeks ago, in the meantime there is an allegation of breach of 11 contract. The Commission had not been apprised of the allegation prior to November 5, 2020. 12 Commissioner Howe cited the breach of contract as a civil matter; [the club] has been operating 13 as a non-profit; the application [by Panela] is in order. Commissioner Donahue agreed that there 14 are two issues (a) application for [transfer of license], change from non-profit to profit corporation; 15 (b) an attempt by Attorney Grundy to collect money [owed to his client]. Commissioner Donahue 16 noted the concerns raised by Attorney Grundy about the activity of the non-profit [since September 17 2019]. Commissioner Krieger stated there are two issues in my mind; how do we cure it; is it 18 unique. Chairman Descoteaux stated he agreed with Commissioner Howe, the paper-work is in 19 order, but something is not right [or] nice and neat; not going forward with this if Mr. Acevedo 20 continues with [restaurant] business. Commissioner Krieger stated he likes what he hears the 21 Chairman say. Attorney Curtis stated that the SAC Club has operated for many years; Mr. Acevedo 22 buys food to bring to the club premises. The DOR issue of 2019 was resolved; [SAC Club] is no 23 longer being operated as a non-profit; regarding the battle with Mr. Garneau that is not an issue. License Commission minutes November 19, 2020 page 2 of 3 1 Mr. Acevedo stated he will file taxes with DOR for the SAC Club in order to resolve [any] issue 2 with the state. At the conclusion of discussion, Chairman Descoteaux opened the public hearing 3 for comment. There was no one to speak in favor of the application. There was no one to speak in 4 opposition of the application. The Commission, on the motion by Commissioner Howe, second by 5 Commissioner Krieger, voted to approve the application by Panela Restaurant Corporation for 6 transfer of license from The Sporting and Athletic Club of Lowell, Inc., and for change of license 7 type from all alcoholic beverages club to all alcoholic beverages restaurant for premises at 525 8 Market Street. Vote: ayes – Chairman Descoteaux, Commissioners Krieger, Howe, and Donahue. 9 The Commission voted to approve Juan P. Acevedo-Zuluaga as Manager of Record for Panela 10 Restaurant Corporation. The Commission approved the following licenses for Panela Restaurant 11 Corporation, premises at 525 Market St.: common victualler; entertainment in a licensed restaurant 12 – live music, disc jockey, juke box; and for automatic amusement device. 13 Chairman Descoteaux opened discussion on the matter of the annual fees for alcohol beverages 14 hotel, restaurant, and club licenses. He stated a thank you to Councilor Daniel Rourke, and the 15 City Council for their review and support for License Commission amending the license fees for 16 alcohol beverages for calendar year 2021. The Commission discussed and then agreed to have the 17 Law department review the License Commission’s authority for setting alcohol beverages fees. 18 Chairman Descoteaux recognized Dennis Pare of the American Legion. Mr. Pare spoke of the 19 American Legion having been closed for four months because of the COVID-19 mandate of 20 Governor Baker. 21 The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to 22 adjourn the meeting at 6:55 p.m. 23 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 24 ******* License Commission minutes November 19, 2020 page 3 of 3