License Commission

Lowell License Commission | Meeting Minutes for November 18, 2021 Date: November 18, 2021 Time: 6:00 PM Location: This meeting is being held place in the Mayor’s Reception Room, second floor, City Hall, 375 Merrimack St. on Thursday, November 18, 2021, at 6:00 PM and remotely by Zoom: Meeting ID: _899 3814 8891 Passcode: _329111. ROLL CALL: On a roll call at 18:01, members present were, namely: Chairman Descoteaux, Commissioner Donahue, Commissioner Howe, Commissioner Krieger, and Commissioner Chhan. MINUTES: 0. Acceptance of meeting minutes for November 4, 2021. Commissioner Krieger made a motion to place on file the minutes from the Lowell License Commission Meeting of Thursday, November 4, 2021; seconded by Commissioner Donahue. 5 yeas, APPROVED. 1. Application for Second Hand Motor Vehicles – Used Car Dealer, Class II, for Two Guys Garage Auto Sales LLC, Tyler Ladebauche, LLC Manager, for premises at 133 Cambridge Street, an open lot with total space for five vehicles with approximately 500 square feet of office space. Tyler Lauderbauche reviewed his business plans with the Commission, a joint venture that expands the Auto Repair business he has with his father. Mr. O’Keefe, who is retiring and is the seller of the dealership at 133 Cambridge, was present. Move approval by Commissioner Donahue; seconded by Commissioner Chhan. 5 yeas, APPROVED. 2. Public hearing on the application by A. V. St. Mary Inc. [d/b/a] Dream Market, Enas Nashed, Manager, for a Change of Category to their package store license from "Wines and Malt Beverages" to “All Alcoholic Beverages for premises at 358 Mammoth Road. Attorney Brian Akashian present with Enas Nashed of Dream Market. Attorney Akashian reviewed the application and the history of the owners of A. V. St. Mary Inc.; he reviewed their clean record with no violations of alcoholic beverage off‐premises law & regulations. Atty. Akashian also addressed the location of the package store and how this change of category would affect the local community and local businesses. Move approval by Commissioner Donahue; seconded by Commissioner Chhan. 5 yeas, APPROVED. 3. Public hearing on the application by Jai Laxmi LLC [d/b/a] University Convenience Store, Meghana Patel, LLC Manager, for a Change of Category to their package store license from "Wines and Malt Beverages" to “All Alcoholic Beverages for premises at 102 University Avenue. Page 1 of 5 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Lowell License Commission | Meeting Minutes for November 18, 2021 Attorney Brian Akashian present with Prashant Patel of University Convenience. Attorney Akashian reviewed the application and the history of the owners of Jai Laxmi LLC; he reviewed their clean record with no violations of alcoholic beverage off‐premises law & regulations. Atty. Akashian also addressed the location of the package store and how this change of category would affect the local community and local businesses. Commissioner Descoteaux asked Captain John Sheehan if the Lowell Police Department had any concerns regarding this application, and Captain Sheehan said he was not aware of any concerns. Commissioner Descoteaux asked Mr. Pyers to review Lowell’s Liquor License Quota – and how the two applications for a Change of Category (and the following request for a hearing for a B&W Package Store license) affect Lowell’s Quota. Move approval by Commissioner Chhan; seconded by Commissioner Howe. 5 yeas, APPROVED. 4. Application by Vijay Patel [d/b/a] Jerry’s Food Store, Vijay Patel, Manager, for a “Wines and Malt Beverages Package Store License” for premises at 1172 Lawrence Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on November 18, 2021 at 6:00 PM. Move approval by Commissioner Descoteaux; seconded by Commissioner Krieger to schedule hearing for December 2, 2021 meeting. 5 yeas, APPROVED. 5. Hearing on the allegations of misconduct from Raymond Kelly Richardson, Superintendent of Police, dated October 12, 2021. Allegations of misconduct are charged against The Middle Street Village, d/b/a The Village Smokehouse, 92‐98 Middle Street, Alan Kaplan, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred October 2, 2021 and are namely: 1) failure to maintain order in the premises and surrounding areas and 2) failure to notify Lowell Police of altercation reported by patrons to Lowell Police on October 3, 2021. At the hearing held by the License Commission on November 18, 2021, the following individuals appeared before the licensing board: Alan Kaplan, Tim Kelleher, Attorney Travis Jacobs, legal counsel for The Middle Street Village, Inc., Captain John Sheehan and Officer Stephen Hunter of the Lowell Police Department. Attorney Kerry Jenness and Attorney Helen Anderson were present for the City of Lowell. Atty. Travis Jacobs began with a summary of his recollection of the Licensee’s previous violation history, which described the Licensee as “generally violation free.” The attorney followed with a long description of the software the Licensee uses to verify driver’s licenses, which the Commission found was not germane to Section 1.20 of the Regulations of the Commission or to the violation of said Section; but did feel it showed an effort by the Licensee to improve their compliance of other regulations. Commissioner Descoteaux, Chair of the Commission, requested that Captain Sheehan read the Communication from the Superintendent to bring the asserted violations to the forefront and to remind public viewers of the purpose of the hearing; which Captain Sheehan did. Page 2 of 5 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Lowell License Commission | Meeting Minutes for November 18, 2021 Officer Stephen Hunter, who was called to Lowell General Hospital when the two victims of assault were being treated, reviewed the victims’ interviews and statements. Officer Hunter confirmed that no arrests had been made and the perpetrators had not been identified yet. Commissioners discussed various aspects of the incident and of the Licensee’s response to the incident. Commissioner Donahue noted that “the ABCC has come down in cases that a spontaneous altercation is not something that a manager or the owners can be held responsible for,” but added that his concern was for the failure to notify when both men were suffering lacerations and bleeding from the head from the beating. Commissioner Donahue reiterated the seriousness of the injuries and the seriousness of the violation, and added “They (the Licensees) run more than one establishment…and know the City of Lowell and the rules (License Commission Regulations).” Commissioner Howe stated her thanks to the Licensees for helping the victims with first aid and calling the victims an Uber to take them to the hospital. She expressed that her concerns were, first, that the Licensees did not recognize the seriousness of the assault and, second, that she did not feel the violation of Section 1.20 is a minor violation. Commissioner Howe requested a review of the Licensee’s prior violations history. Attorney Kerry Jenness, with Attorney Helen Anderson, for the City of Lowell, reviewed the Licensee’s violations. In summary, Attorney Jenness confirmed that the Licensee had received disciplinary action for a violation of Alcoholic Beverage regulations every year for the last six years except for 2020 – where they were in the process of receiving disciplinary action, but because Covid‐19 interrupted both the meetings of the Commission and the Licensee’s operations – disciplinary action was never finalized. Attorney Jacobs responded for the Licensee by stating that the Licensee was taking proactive steps to meet regulations and keep their environment safe, and that they did take care of the victims. Commissioner Descoteaux then requested that Captain Sheehan review other incidents that had occurred local to the Licensee, The Middle Street Village, Inc. Captain Sheehan began by noting that, if LPD had been notified immediately, per regulation, it most likely would have resulted in Trinity ambulance being called to provide professional assessment and care to the victims; one reason for the regulation requiring licensees to call the police when there is an incident in or around their establishment. Captain Sheehan then reviewed nine incidents that have occurred between 9/6/21 and 11/18/21 in proximity to The Middle Street Village, Inc., [d/b/a] The Village Smokehouse. A couple of the incidents described involved altercations that began in the ‘Smokehouse,’ but did not culminate in assault until the customers had left the ‘Smokehouse’ either on the Licensee’s request or on their own. A couple of other incidents had no discernable link to the ‘Smokehouse.’ This prompted Commissioner Descoteaux to inquire after the Licensee’s capacity (Occupancy Limit), which is 402. Page 3 of 5 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Lowell License Commission | Meeting Minutes for November 18, 2021 Commission Chair Descoteaux discussed the security required to safely manage 300 to 400 customers in a bar environment, and asked the Licensee to address the concern that perhaps their Occupancy Limit was too high. The Chair specifically asked (1) who was responsible for notifying the police, and (2) did the ratio of personnel to customers cause too much confusion or stress on the Licensee’s “process” – resulting in failure to follow the regulation requiring the Licensee to notify the Lowell Police Department. The Chair reiterated the seriousness of the violation of Section 1.20 of the Lowell Regulations governing Alcoholic Beverage Licensees. Attorney Jacobs responded for the Licensee by stating it was probably a ‘lapse in memory,’ to which Commissioner Descoteaux replied that the Licensee has been in business for years and have shown that they know what they’re supposed to do; but they failed to do it. The Chair noted that the Commission is responsible for protecting the safety of the residents of that area, and that the Commission might consider amending the Licensee’s occupancy limit and/or hours of alcoholic beverage service to address the safety of patrons and residents. Attorney Jacobs stated that the Licensee knows he needs to call (LPD), and reiterated that the Licensee took responsibility, and that the Licensee has reported incidents far more often than they have forgotten to. Commissioner Krieger stated that he would be amenable to suspending the Licensee’s alcoholic beverage license for a weekend (three days), but holding the (punishment) in abeyance for one year, if “both managers admitted that they failed in the area of manager responsibility and said a few words about how they’re going to make it better.” Commissioner Chhan stated that he was concerned that the Licensee’s first response wasn’t to call the police to report the violent incident and call for a professional medical response. Captain John Sheehan noted that, at times, the Licensee has had trouble securing a (police) detail on the weekends. The Captain noted that there’s usually one officer on patrol in the downtown area each weekend night, in addition to any details that can be staffed. Attorney Jenness reiterated that calling the police and informing the License Commission is not a formality, it is a requirement of City regulations. Commissioner Descoteaux requested that the Licensees describe the incident in their own words, and they did so. The Licensees described the 15 second incident and their response, and admitted that they realized not calling was a failure on their part, and they take responsibility for that failure. The Licensee reviewed their security staff for the Commission and stated that they request a police detail every Thursday, Friday, and Saturday. Commissioner Donahue requested clarification on the first of two allegations brought by LPD, namely a violation of 1.16, manager’s responsibility to maintain order. He made a motion that the Commission find the Licensee not responsible for the alleged violation of 1.16 given that the incident was a Page 4 of 5 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Lowell License Commission | Meeting Minutes for November 18, 2021 “spontaneous altercation” that could not have been prevented. Commissioner Howe seconded the motion and the Commission unanimously voted in favor of the motion. Commissioner Krieger made a motion that The Middle Street Village Inc.’s license be suspended for three days over a weekend, and to hold that sentence in abeyance for one year. Commissioner Howe seconded the motion. Commissioner Donahue countered with a motion to suspend the license for two weekend days, holding the suspension in abeyance for six months. Roll‐call vote on the first motion: Descoteaux – No, Donahue – No, Howe – No, Krieger – Yes, Chhan – Yes. Motion failed. Roll‐call vote on the substitute motion made by Commissioner Donahue, seconded by Commissioner Howe: Descoteaux – Yes, Donahue – Yes, Howe – Yes, Krieger – Yes, Chhan – Yes. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 19:04; seconded by Commissioner Chhan. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ Page 5 of 5 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852