License Commission

Lowell License Commission | Meeting Minutes for September 29, 2022 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, September 29, 2022, at 6:00 PM and remotely by Zoom Meeting ID: 873 5135 2395 Passcode: 739005. Video of this meeting is available: https://youtu.be/BfNcR92hjBM ROLL CALL: On a roll call at 18:00, members present were, namely: Commission Chair Descoteaux, Commissioner Krieger, Commissioner Howe, Commissioner Donahue, and Commissioner Chhan. MINUTES: 0. Acceptance of the meeting minutes for September 15, 2022 Commissioner Krieger made a motion to approve and place minutes on file from the Lowell License Commission Meeting of Thursday, August 25, 2022; seconded by Commissioner Howe. 5 yeas, APPROVED. 1 Ratification of an application by Fr. William Acevedo, St. Patrick's Parish, for a "Special One Day License to sell/dispense All Alcohol" for a wedding reception on Saturday September 24, 2022 from 7PM to Midnight at St. Patrick's Parish, 282 Suffolk Street. Motion made by Commissioner Chhan to ratify the past event; seconded by Commissioner Donahue. 5 yeas, APPROVED. 2 Application by Jeff Venuti of Blisspoint LLC [d/b/a] Blisspoint Meadery, a Farmer Winery, for License to sell at the Farmer's Market at Mill No. 5 on Sundays from October 16th, 2022 to May 28th, 2023 from 10AM to 1PM, 250 Jackson Street. Commission Chair Descoteaux asked Mr. Venuti about his experience, and if he had knowledge of the prior Farmer Wineries that had sold their wares at previous Mill No. 5 Farmer’s Markets. Mr. Venuti explained that he was currently at the Tewksbury farmer’s market (Zooming in to this meeting), and that he annually participated in the Arlington, Winchester, Acton, Boxborough, and Billerica farmer’s market. He also said he knew the owner of Aaronap Cellars, a previous participant of the Lowell famer’s market. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 3 Application by Juan Breton, Latinx Community Center, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for live music and cultural performances, to be held October 15, 2022 from 1 to 8 PM at North Common Park. Rain date on October 22, 2022. Mr. Breton talked about his event, and his collaboration with the Latinx Community Center and other local NFPs like UML and CASE to bring this event to North Commons. Move approval by Commissioner Howe; seconded by Commissioner Chhan. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 3 Lowell License Commission | Meeting Minutes for September 29, 2022 4 Application by Valessa Marques, for four "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for the following events at iHappy Event, 81 Bridge Street: • Wedding Party on Saturday, October 15, 2022 from 5 PM to 1 AM. • Birthday Party on Saturday, October 22, 2022 from 6 PM to 1 AM. • Anniversary Party on Saturday, November 5, 2022 from 6 PM to 2 AM. • Birthday Party on Saturday, December 10, 2022 from 6 PM to 2 AM. Commissioners Descoteaux and Howe discussed the importance of being accurate on applications, specifically listing hours of alcohol service without including set‐up and cleaning time. Commissioner Donahue said he felt that 8 hours was a long time to be serving alcohol to a group of people. Commissioner Descoteaux and Howe further reviewed the regulations stating that alcohol service must end one half hour before the license expires. LPD Captain Peaslee confirmed that over the last five months of events, the LPD has not had any incidents involving Ms. Marques, Ms. Lima, or iHappy Events. Move approval by Commissioner Krieger; seconded by Commissioner Howe. 4 yeas, 1 nay (C. Donahue), APPROVED. 5 Applications by Jennifer Sharkey for a "Special One Day License to sell/dispense Wines and Malt Beverages only," and for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the Rooftop Harvest of Hope Benefit Fundraiser to be held on October 13th, 2022 from 6 to 8:30 PM at the Leo A. Roy Parking Facility, 100 Market Street. Ms. Sharkey discussed her event. Commissioner Krieger asked some safety questions because of the unusual venue, to which Ms. Sharkey confirmed safety measures were in place. Move approval by Commissioner Donahue; seconded by Commissioner Chhan. 5 yeas, APPROVED. 6 Application by Samuel Njenga for a "Special One Day License to sell/dispense Malt Beverages & Wines" for an African Night Gala on Saturday October 8, 2022 from 7PM to 1:30 AM at the Hellenic American Academy, 41 Broadway Street. Mr. Njenga spoke about his application and reviewed the alcohol service at his event. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 5 yeas, APPROVED. 7 Application by Joel Mongeon for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Market with Live Music on Saturday October 22, 2022 from 5 to 9 PM at Mill No. 5, 250 Jackson Street. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 3 Lowell License Commission | Meeting Minutes for September 29, 2022 8 Hearing regarding the ramifications on the failure of Hue Gallery, 103 Market Street, to provide proof of insurance as required by Massachusetts General Law Title XX, Chapter 38, Section 12. Keyano Jumpp appeared before the board. Commissioner Donahue began by asking if Mr. Jumpp wanted to consider having legal representation at the hearing, to which Mr. Jumpp said ‘no.’ Commissioner Donahue then reviewed the timeline of events surrounding the lack of insurance for Hue Gallery, and expressed the seriousness of the offense. Mr. Jumpp then reviewed the difficulties and confusion he was having in dealing with his insurance company. Mr. Jumpp had no proof of insurance coverage or payment to an insurer during the time in question. Mr. Jumpp also could not explain why his insurance company stated that the Certificate of Insurance he presented for the Folk Festival was not created by them. Commissioner Krieger pointed out that the gap in insurance was of great concern, and Commissioner Chhan stated that he was particularly concerned that the evidence suggested his policy ended 9 months before a new policy was enacted on 9/28/2022. He also expressed concern that the insurance company said the certificate presented to the license commission was not produced by them (the insurance company). Commissioner Howe reviewed the fact that the purpose of the insurance was to protect the business (Hue Gallery), not the City of Lowell, nor the customers of Hue Gallery. Motion to place the matter on file by Commissioner Descoteaux; seconded by Commissioner Krieger. On a roll‐call vote, there were 4 yeas, 1 nay (C. Donahue), APPROVED. 9 Request for hearing regarding an application to transfer an All Alcoholic Beverages Restaurant license from Q & Q Restaurant Inc. to He Ding, Inc. [d/b/a] China Buffet, Quiong Lin, proposed license manager, for premises at 199 Plain Street. It is requested that legal notice be published in the local newspaper, and that a public hearing be held on October 20, 2022 at 6:00 PM. Motion made by Commissioner Howe to hold a public hearing at the October 20, 2022 meeting of the Lowell License Commission, seconded by Commissioner Krieger. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:40, seconded by Commissioner Chhan. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 3