License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, December 3, 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 Chairman Descoteaux requested the meeting begin with agenda item # 3. The Executive Secretary 10 read for the record the application by Senmonorom Restaurant LLC, Phalla IV, LLC Manager, for 11 an all alcoholic beverages restaurant license for premises at 1671 Middlesex Street, first floor, one 12 room 3,900 sq. ft. for dining room, kitchen area, storage room, 1 entrance, 2 exits. The Secretary 13 stated the current licensee is Monorom Inc. which had not filed renewal application for 2021 with 14 additional information about the COVID 19 mandate of Governor Baker which effected 15 restaurants like the licensee Monorom, the unexpected death of the sole officer, director, and 16 manager Mr. Nissay Liek, and of the communication in June 2020 between the Executive 17 Secretary and Attorney Peter Nicosia, legal counsel for Senmonorom Restaurant LLC. Chairman 18 Descoteaux thanked the Secretary for the update. The Commission on the motion by 19 Commissioner McCarthy, second by Commissioner Krieger, voted to ratify the publication of legal 20 notice in Lowell Sun newspaper for December 4, 2020; and the public hearing to be held at the 21 regular meeting on Thursday, December 17, 2020 at 6:00 p.m. via ZOOM. 22 The Executive Secretary stated the 2021 Retail License Renewal Applications were filed in the 23 month of November. The initial renewal phase having just concluded, the matter of compliance 24 with code regulations remain as does renewal of liquor liability policies for hotels, restaurants, License Commission minutes December 3, 2020 page 1 of 4 1 clubs, and pouring permit licensees. A list of licensees who filed renewal and of those that did not 2 were reviewed by the License Commission. The Commission ordered said lists placed on file. 3 The Commission reviewed and discussed the 2020 Annual License Fees for Alcohol Beverages 4 relative to the COVID-19 Mandate of Governor Baker on March 16, 2020 that was cause for all 5 hotels, restaurants, club, and pouring permit licensees to close their businesses from March 16th to 6 the first week in June 2020. In June, said licensees were allowed limited hours of operation by way 7 of take-out orders, home deliveries, followed by limited outdoor seating, and in July, restricted 8 indoor seating. Package stores were required to limit retail sales at 9:30 p.m., effective November 9 1, 2020. Chairman Descoteaux led the discussion with Commissioners Donahue, Howe, 10 McCarthy, and Krieger. 11 Chairman Descoteaux: there had been input from the City Council [last month], but [to date] no 12 Law department opinion. It is now time to render a decision on license fees for 2021. 13 Commissioner Donahue: [the matter of fees] by the City Council was referred to the License 14 Commission and City Manager [motion by Councilor Rourke]; there are additional laws, 15 Massachusetts General Law, power of [Commission] to set fees for bars and restaurants; 16 recommendation of a 50% reduction of annual license fees for alcohol beverages [inclusive of] 17 common victualler and entertainment licenses. The licensees Warp & Weft and Old Court are 18 closed. 50% pro-rated for months not open. Licensees are still responsible for local taxes; the 19 [reduction of fees] would offer some relief. 20 Chairman Descoteaux: requesting no motion at this time until each Commissioner has spoken. 21 Commissioner Howe: [there should be] some type of relief; four (4) weeks ago requested City 22 Council for a vote, considering employees to the City, would there be a problem with the City 23 budget to waive fees, would there be cause for layoffs of City employees, Secretary to the License License Commission minutes December 3, 2020 page 2 of 4 1 Commission. The benefit of the City payroll to waive fees 100% is still not answered. Recommend 2 a deferral of fees for several months; [Commission] will have the City Solicitor get back to us. 3 Commissioner McCarthy: [the Commission] has the right to make the decision; asked for some 4 help, I think we should hear from the City Solicitor to help everyone out. 5 Commissioner Krieger: [question of] owners making profit; City needs the money; give City 6 chance to answer; kick down the road two weeks. 7 Chairman Descoteaux: agree City Solicitor, Law department [opinion] which Commissioner 8 Howe wanted a month ago, now [Commission] has no[t] received one. Personally would like City 9 Solicitor opinion. 10 Commissioner Howe: a deferral of fees until Solicitor has given an [opinion]; all license renewal 11 at no cost. 12 Commissioner Donahue: [question] 13 Commissioner Howe: we have the authority to set fees, duty to the City not the restaurant owners; 14 we await advice from counsel. 15 Chairman Descoteaux: discussion whether we can pick and choose license fees to [amend] 16 Commissioner Howe: fiduciary responsibility, do need opinion of Solicitor 17 Commissioner Krieger: hear from DPD people 18 Commissioner Donahue: to wait [City will] lose business [by] not setting fee, package store – set 19 fee 20 The Commission, by roll-call, voted on the motion by Commissioner Howe, second by Chairman 21 Descoteaux, for a deferral of fees for alcohol beverages licenses from January 1 to March 31, 2021 pending 22 a review of information from City Solicitor and other City official(s) about the impact license fees have on 23 City taxpayers and budget for FY 2021/2022. The Commission will review the matter of license fee during 24 a regular meeting in first quarter of 2021. License Commission minutes December 3, 2020 page 3 of 4 1 Vote: Ayes – Chairman Descoteaux, Commissioners Krieger, McCarthy, Howe, and Donahue. 2 The Commission, on the motion by Commissioner Krieger, second by Commissioner McCarthy, voted to 3 adjourn the meeting at 6:30 p.m. 4 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 5 6 ******* License Commission minutes December 3, 2020 page 4 of 4