License Commission

1 Minutes for the Lowell License Commission meeting for Thursday, December 17, 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 Meeting ID: 675 876 0853 6 Present: John Descoteaux, Commissioner, Chairman, Commissioners Clifford Krieger, Terry McCarthy, 7 and Joseph Donahue, and Captain Mark LeBlanc of the Lowell Police Department. 8 Absent: Commissioner Martha Howe 9 Chairman Descoteaux convened the meeting at 6:00 p.m. 10 Chairman Descoteaux welcomed Mark LeBlanc of the Lowell Police department as the liaison for Kelly 11 Richardson, Superintendent of Police, to the License Commission. 12 Chairman Descoteaux thanked Captain James Hodgdon of the Lowell Police department for his 13 representation of the Superintendent of Police to the License Commission for the past several years. Captain 14 Hodgdon has notified the License Commission of his retirement from the police department. 15 The Commission voted to accept the meeting minutes for December 3, 2020 on the motion of Commissioner 16 Krieger, second by Commissioner McCarthy. 17 The Commission opened the public hearing on the application by Senmonorom Restaurant LLC, Phalla IV, 18 LLC Manager, for an all alcoholic beverages restaurant license for premises at 1671 Middlesex Street, first 19 floor, one room 3,900 sq. ft. for dining room, kitchen area, storage room, 1 entrance, 2 exits. It is requested 20 that Phalla IV be approved as Manager of Record for Senmonorom Restaurant LLC. Senmonorom has filed 21 for the applications for the following licenses: common victualler; entertainment in a licensed restaurant – 22 live music, disc jockey, juke box; and automatic amusement device. Phalla IV and Attorney Andrew 23 LaGrassa of Nicosia Law Office, as legal counsel for the applicant, were present. Attorney LaGrassa stated 24 that the abutters have been notified and the temple located within 500 ft. of the premises at 1671 Middlesex 25 St. The Commission reviewed the affidavit of notice to abutters and others and white postal slips, return 26 receipts, received as of the hearing by the Nicosia Law Office. The Commission ordered said documents to License Commission minutes December 17, 2020 page 1 of 1 be placed on file. Attorney LaGrassa stated that Senmonorom request the withdrawal of the application for 2 automatic amusement device. The Commission approved the withdrawal of application. Attorney LaGrassa 3 stated that Ms. Phalla IV had worked for the licensee Monorom Inc., Nissay Like, owner and manager, 4 since the restaurant’s opening over ten years ago. Ms. Phalla would like to continue operating the restaurant 5 as owner and manager. Chairman Descoteaux opened the hearing for public comment. It was requested to 6 hear from persons who wished to speak in opposition. There was no one to speak; Chairman Descoteaux 7 closed that portion of the hearing. It was requested to hear from persons who wished to speak in favor. 8 There was no one to speak; Chairman Descoteaux closed that portion of the hearing. Chairman Descoteaux 9 requested the Commission to offer comments, questions. The hearing was then declared closed, and the 10 following action taken: Motion by Commissioner Donahue, second by Commissioner McCarthy, it was 11 voted to grant an all alcoholic beverages restaurant license to Senmonorom Restaurant LLC for premises 12 at 1671 Middlesex Street, first floor, one room 3,900 sq. ft. for dining room, kitchen area, storage room, 1 13 entrance, 2 exits, for the calendar year ending December 31, 2021. It was voted to approve Phalla IV as 14 manager of record for Senmonorom LLC. The following licenses were granted to Senmonorom LLC at 15 1671 Middlesex St. – common victualler, and entertainment in a licensed restaurant for live music, disc 16 jockey, juke box. 17 The Commission reviewed the request to amend application by Panela Restaurant Corporation, 525 Market 18 St., for transfer of license from The Sporting and Athletic Club of Lowell, Inc., and for change of license 19 type from all alcoholic beverages club to all alcoholic beverages restaurant. Attorney Greg Curtis was 20 present to explain the recent review of the Panela application by the A.B.C.C. Investigator. The Investigator 21 cited the application for the number of directors and shareholders, and the necessity of a statement on no 22 cost for transfer and to include a bill of sale even without monetary cost. The Commission reviewed the 23 amendment of application. The Commission, on the motion by Commissioner Donahue, second by 24 Commissioner McCarthy, voted to approve the amendment of application by Panela Restaurant 25 Corporation, and that said application be forwarded to the Alcoholic Beverages Control Commission for 26 reconsideration. License Commission minutes December 17, 2020 page 2 of 1 The Commission reviewed the communication from Attorney Colleen Garry re: used car Dealer license at 2 1418 Middlesex Street, Abdi Ardehali, d/b/a Karman Auto Sales, dated December 1, 2020. Attorney 3 Colleen Garry was present. Attorney Garry described pending litigation for her two clients who purchased 4 vehicles from Karman Auto Sales. Attorney Garry stated that the Attorney General of Massachusetts has 5 received written complaints regarding Karman Auto Sales. She has made a public records request of the 6 Attorney General’s office for copies of the complaints on file. At the end of discussion, the Commission, 7 on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to schedule an 8 executive session for Wednesday, December 23, 2020 at 10:00 a.m. via ZOOM as public discussion 9 regarding pending litigation in the matter of Karman Auto Sales may be detrimental to the City’s position. 10 The Commission, on the motion by Commissioner Krieger, second by Commissioner Donahue, voted to 11 adjourn the meeting at 6:35 p.m. 12 Respectfully submitted by Ryan Wynn, Executive Secretary, present at meeting. 13 14 ******* License Commission minutes December 17, 2020 page 3 of