License Commission

Lowell License Commission | Approved Meeting Minutes for November 17, 2022 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, November 17, 2022, at 6:00 PM and remotely by Zoom: Meeting ID: 844 7324 5922 Passcode: 485085. Video of this meeting is available: https://youtu.be/oVLRu2tFEJQ ROLL CALL: On a roll call at 18:03, members present were, namely: Commission Chair Descoteaux, Commissioner Krieger, Commissioner Howe, Commissioner Chhan, and Commissioner Donahue. MINUTES: 0 Acceptance of the meeting minutes for November 3, 2022. Commissioner Krieger made a motion to approve and place minutes on file from the Lowell License Commission Meeting of Thursday, October 20, 2022; seconded by Commissioner Howe. 5 yeas, APPROVED. 1 Ratification of an application by Lilian Yengi for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Celebration of Life on Friday November 11, 2022 from 7 to 11:30PM at 41 Broadway Street. Motion made by Commissioner Chhan to ratify the past event; seconded by Commissioner Donahue. 5 yeas, APPROVED. 2 Ratification of an application by Margaret Emmanuel for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Celebration of Life on Saturday November 19, 2022 from 7 to 11:30PM at 41 Broadway Street. The secretary identified his error in submitting this application as a ratification at this meeting. Postponed to next License Commission meeting on December 1, 2022. 3 Ratification of an application by Stanley Kisob for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Birthday Party on Saturday November 12, 2022 from 9 to 11PM at 41 Broadway Street. Commissioner Krieger commented that he prefers applicants to attend ratifications for their applications as an opportunity to encourage them to be more timely in the future. Commission Chair Descoteaux noted that the secretary has been working on minimizing ratifications, and that he agreed to having the applicant attend for their ratification. Commissioner Howe voiced her agreement with Commissioner Krieger’s preference. Motion made by Commissioner Donahue to ratify the past event; seconded by Commissioner Chhan. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 4 Lowell License Commission | Approved Meeting Minutes for November 17, 2022 4 Request for a hearing regarding an application to amend premises for an All Alcoholic Beverages Restaurant license for Lowell Firefighters Association, 362 Fletcher Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on December 1, 2022 at 6 PM. Motion made by Commissioner Krieger to hold a public hearing at the December 1, 2022 meeting of the Lowell License Commission, seconded by Commissioner Howe. 5 yeas, APPROVED. 5 Request for a hearing for an application by Spiderloom Productions LLC [d/b/a] Taffeta, Sean Gordon, proposed license manager, for an "All Alcoholic Beverages" restaurant license for premises at 122 Western Avenue. It is requested that legal notice be published in local newspaper, and public hearing to be held on December 1, 2022 at 6 PM. Motion made by Commissioner Chhan to hold a public hearing at the December 1, 2022 meeting of the Lowell License Commission, seconded by Commissioner Donahue. 5 yeas, APPROVED. 6 Request for a hearing for an application by I Happy Event Decor Inc. [d/b/a] Sampa Event Hall, Valessa Marques, proposed license manager, for an "All Alcoholic Beverages" restaurant license for premises at 81 Bridge Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on December 1, 2022 at 6 PM. Motion made by Commissioner Krieger to hold a public hearing at the December 1, 2022 meeting of the Lowell License Commission, seconded by Commissioner Howe. 5 yeas, APPROVED. 7 Application by Joel Mongeon for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Live Music Event on Saturday December 3, 2022 from 6 to 11 PM at Mill No. 5, 250 Jackson Street. Mr. Mongeon briefly described his event and that he would have one or two TIPs certified bartenders for the event; he expects less than 100 attendees. Move approval by Commissioner Howe; seconded by Commissioner Donahue. 5 yeas, APPROVED. 8 Application by Sean Grow for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Live Music Event on Friday December 9, 2022 from 6 to Midnight at Taffeta, 122 Western Avenue. Sean Grow introduced himself and explained that he rented out Taffeta for a night so his band can perform. He confirmed that he plays guitar, bass, and sings. Move approval by Commissioner Krieger; seconded by Commissioner Chhan. 5 yeas, APPROVED. 9 Public hearing for an application by New Pailin Market, LLC, Monica Am, proposed license manager, for a "Wines and Malt Beverages" package store license for premises at 6 Branch Street. Monica Am was present. At the hearing, no one spoke in favor or opposition to the application for a new license. Move approval by Commissioner Krieger; seconded by Commissioner Howe. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 4 Lowell License Commission | Approved Meeting Minutes for November 17, 2022 10 Public hearing for an application by Relaxe Salem LLC [d/b/a] Axe Shack, Kelly Rota, proposed license manager, for an "All Alcoholic Beverages" restaurant license for premises at 121 Church Street. At the hearing a letter from a local church that was received in opposition to the application for a new license was brought to the Commission and the applicant’s attention. No one in opposition made their presence known at the meeting. Given the late receipt of the opposition letter, Commissioner Howe recommended that the applicant be given time to review the opposition letter and seek a lawyer if she choose to do so. Commissioner Descoteaux read aloud the relevant portion of Massachusetts General Law: Section 16C: Licenses for premises located near schools or churches Section 16C. Premises, except those of an innholder and except such parts of buildings as are located ten or more floors above street level, located within a radius of five hundred feet of a school or church shall not be licensed for the sale of alcoholic beverages unless the local licensing authority determines in writing and after a hearing that the premises are not detrimental to the educational and spiritual activities of said school or church; but this provision shall not apply to the transfer of a license from premises located within said distance to other premises located therein, if it is transferred to a location not less remote from the nearest school or church than its former location. Any applicant who has been denied a license under this section shall have the right to an appeal under section sixty‐seven. In this section a church shall mean a church or synagogue building dedicated to divine worship and in regular use for that purpose, but not a chapel occupying a minor portion of a building primarily devoted to other uses, and a school shall mean an elementary or secondary school, public or private, giving not less than the minimum instruction and training required by chapter seventy‐one to children of compulsory school age. This section shall not apply to an extension of licensed premises provided said extension does not exceed fifty feet. The Commission asked that the distance between the church and the proposed premises be confirmed; Mrs. Rota confirmed that the church was well within 500 feet of the premises. Hearing to be continued at the next meeting of the Lowell License Commission on December 1, 2022 at 6 PM. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 4 Lowell License Commission | Approved Meeting Minutes for November 17, 2022 11 Public hearing regarding allegations of misconduct charged against Cafeto Corp., d/b/a Cafeto Restaurant, 1018 Gorham Street, Karolina Cermeno‐Upegui, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred October 7, 2022 and are namely: 1) failure to maintain order in the premises and surrounding areas and 2) serving alcohol to intoxicated patrons. Attorney Michael Zaim and Karolina Cermeno (license manager) were present. Atty. Zaim reviewed the timeline of the evening in question and the response by the license manager to the events of the evening. In short: the allegations of misconduct by the LPD center on the behavior of an individual who was not a patron of Cafeto, but who had parked, entered while patrons exited, was ushered out because they had stopped serving, and picked fights with others in the parking lot. The owner/license manager called LPD immediately, and repeatedly. Ms. Cermeno has since spoken with LPD and arranged for extra security and police details as needed. She also is working with LPD to ensure a safe and orderly premises. Motion by Commission Chair Descoteaux to place the matter on file, seconded by Commissioner Krieger. On a roll‐call vote: C. Descoteaux – Y; C. Krieger – Y; C. Howe – Y; C. Donahue – Y; C. Chhan – Y. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:33, seconded by Commissioner Howe. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 4