License Commission

Lowell License Commission | Approved Meeting Minutes for December 1, 2022 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, December 1, 2022, at 6:00 PM and remotely by Zoom: Meeting ID: 860 6434 7980 Passcode: 945724. Video of this meeting is available: https://youtu.be/PUsAFDj7IeU ROLL CALL: On a roll call at 18:03, members present were, namely: Commission Chair Descoteaux, Commissioner Krieger, and Commissioner Howe. Commissioner Chhan and Commissioner Donahue were absent. MINUTES: 0 Acceptance of the meeting minutes for November 17, 2022. Commissioner Krieger made a motion to approve and place minutes on file from the Lowell License Commission Meeting of Thursday, November 17, 2022; seconded by Commissioner Howe. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 1 Ratification of an application by Joseph Hungler for a "Special One Day License to sell/dispense All Alcoholic Beverages" for a Boys & Girls Club of Greater Lowell Fundraiser on Thursday, December 1, 2022 from 5 to 9PM at 50 East Merrimack Street. Mr. Hungler, who participated by Zoom, was actively engaged in running his event when he spoke with the Commission about his event. Motion made by Commissioner Krieger to ratify the past event; seconded by Commissioner Howe. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 2 Application for two "Special one‐day permits to sell/dispense malt beverages & wines" for the following events at Lowell Memorial Auditorium, 50 East Merrimack Street: the first is for the Irish Tenors Concert on Sunday December 4, 2022, from 2 to 5PM; the second is for the Boston Pops Concert on Sunday December 18, 2022, from Noon to 5PM. Pete Lally spoke for the LMA and explained the recent changes with their food & beverage service. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 3 Application by Evan Dolecki, Ventures Endurance & Loco Races LLC, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for recorded music and announcements, to be held January 1, 2023 from 9AM to 1PM at Bowlero, 647 Pawtucket Boulevard. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 4 Lowell License Commission | Approved Meeting Minutes for December 1, 2022 4 Application by Christine Berardino for two "Special one‐day permits to sell/dispense malt beverages & wines" for the company Christmas parties on December 14 & 15, from 4 to 6 PM at Rapid Micro Biosystems office, 1001 Pawtucket Boulevard. Applications were withdrawn after the meeting was posted. 5 Application by Ngienwi Tangie for a "Special one‐day permits to sell/dispense malt beverages & wines" for a Celebration of Life on December 16, from 7 to 11:30 PM at the Hellenic American Academy, 41 Broadway Street. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 6 Continuation of 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. Ms. Rota was present. She explained how the business was going to operate to ensure both alcohol safety and axe safety. Ms. Rota also reviewed the training she received and her experience in similar businesses. She stated that all her employees would be TIPs Certified. She explained how she trains her employees and how they train customers to responsibly and safely throw axes. The Commission ran through several scenarios with Ms. Rota to better understand her business operations and to assure this would be a safe operation. The commissioners questioned Ms. Rota extensively relative to the number of trainers, the training, the number of stalls, the location of the drinking area, the age requirements and service of alcohol. At the hearing, Pastor Jim Sinclair spoke in favor of granting the license, even though he had originally had reservations. He explained that after speaking with Ms. Rota, he understood how the establishment was going to be managed, and that it wouldn’t be detrimental to the activities of his church. No one spoke in opposition to the application for a new license. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 7 Petition to Amend “All Alcoholic Beverages” license operating hours from a 2:00 AM closing time to 11:00 PM by Veterans of Foreign Wars Walker Rogers Post No. 662, Inc., 190 Plain Street, James Golden, License manager. Mr. Golden was present; he explained why the VFW was in the process of changing locations and amending their license to change hours of operations. The Commission reflected on his situation, noting that he was in a bind because of work the City is doing on Tanner Street, which is impacting his ability to close the sale of his current property – and free up the money to open at the new property. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 4 Lowell License Commission | Approved Meeting Minutes for December 1, 2022 Move approval by Commissioner Krieger; seconded by Commissioner Howe. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 8 Public hearing regarding an application to amend premises for an All Alcoholic Beverages Restaurant license for Lowell Firefighters Association, 362 Fletcher Street. Bill Desrosiers spoke for the Firefighter’s Association. He explained that the organization wanted to make its “COVID‐19” temporary outdoor seating a permanent part of their premises. Commissioners noted that the Lowell Firefighters Association had done a great job of controlling and maintaining their outdoor area in a safe fashion. 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. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 9 Public 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. Owners Zack LeWinter, Matt Wishnack, and Sean Gordon were present. Commissioner Descoteaux recognized that they have had many events with one‐day alcohol licenses over the last few months and that there have been no issues. Captain David Peaslee of the Lowell Police Department confirmed that he review LPD records and found no issues related to their operations. 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. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 10 Public 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. Owner Nadia Lima and Proposed License Manager Valessa Marques were present. Commissioner Descoteaux reviewed “I Happy’s” history with the Lowell License Commission, and noted that they’ve had many successful events with no problems. Captain Peaslee confirmed that there have been no disturbances in the area since they started their business. At the hearing, no one spoke in favor or opposition to the application for a new license. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 4 Lowell License Commission | Approved Meeting Minutes for December 1, 2022 11 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. Amanda Etinge, the event planner for Mrs. Emmanuel’s Celebration of Life, was present. Motion made by Commissioner Howe to ratify the past event; seconded by Commissioner Krieger. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), APPROVED. 12 Request for a hearing for an application by Pho 88 Restaurant Inc. [d/b/a] Pho 88, Ha Nguyen, proposed license manager, for transfer of an "All Alcoholic Beverages" restaurant license for premises at 1270 Westford Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on December 15, 2022 at 6 PM. Ms. Nguyen was present. Motion made by Commissioner Krieger to hold a public hearing at the December 15, 2022 meeting of the Lowell License Commission, seconded by Commissioner Howe. 3 yeas (C. Descoteaux, C. Krieger, C. Howe), 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 December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Thursday, Dec 01, 2022 18:02 – 18:33 • 31:42 Commissioner Descoteaux 10:17 Good evening, ladies and gentlemen. Welcome to the December 1 meeting of the Lowell License Commission. Secretary Pyers, was the meeting posted? Secretary Pyers 10:23 Yes, it was Commissioner Descoteaux 10:24 Roll call please. Secretary Pyers 10:25 Commission chair Descoteaux Commissioner Descoteaux 10:26 Here. Secretary Pyers 10:27 Commissioner Howe, Commissioner Howe 10:28 here, Secretary Pyers 10:29 Commissioner Krieger Commissioner Krieger 10:30 Here. Secretary Pyers 10:31 Commissioner Donahue is absent. Commissioner Chhan is absent three present two absent. Zeroth is the acceptance of the November 17 2022 minutes. Commissioner Descoteaux 10:41 Move approved by Commissioner Krieger seconded by Commissioner Howe, all in favor signify by saying Aye. Any opposed? Motion carries next Secretary Pyers 10:48 Ratification of an application by Joseph Hungler for a "Special One Day License to sell/dispense All Alcoholic Beverages" for a Boys & Girls Club of Greater Lowell Fundraiser on Thursday, December 1, 2022 from 5 to 9PM at 50 East Merrimack Street... -1- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 11:11 Mr. Hungler. How are you sir? Commissioner Descoteaux 11:14 I'm good. Thank you for taking our application. Commissioner Descoteaux 11:18 Absolutely. Absolutely. Secretary Pyers. Everything else that with the application? Yes, it is. All right. You're all set on your end, Joe? Yes, we are. All right. Move. Move move for ratification by Commissioner Krieger, seconded by Commissioner Howe. All in favor signify by saying aye. Aye. Any opposed? Motion carries. Joe you're good. Good luck tonight. Thank you very much. Have a good night. You two. Secretary Pyers 11:42 Application for two "Special one-day permits to sell/dispense malt beverages & wines" for the following events at Lowell Memorial Auditorium, 50 East Merrimack Street: the first is for the Irish Tenors Concert on Sunday December 4, 2022, from 2 to 5PM; the second is for the Boston Pops Concert on Sunday December 18, 2022, from Noon to 5PM. Commissioner Descoteaux 12:05 We have somebody Zoom or? Pete Lally 12:06 Oh, yes. I'm Pete Lally representing Lowell Auditorium. Commissioner Descoteaux 12:11 Hawaii. Pete Lally 12:12 I'm great. How are you doing? Commissioner Descoteaux 12:14 All right. So you're you're doing these final two shows on your own right. That's correct. Okay. So Beto, he probably has everything in order. It is right. And I know Mr. Lally has vast experience in these so motion by Commissioner Howe seconded by Commissioner Krieger to approve all in favor signify by saying aye. Aye. Any opposed motion carries Pete, all set. good luck in the events. Pete Lally 12:40 Thank you very much appreciate all right. I'm gonna goodnight. -2- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Secretary Pyers 12:43 Application by Evan Dolecki, Ventures Endurance & Loco Races LLC, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for recorded music and announcements, to be held January 1, 2023 from 9AM to 1PM at Bowlero, 647 Pawtucket Boulevard, Evan is joining us on Zoom. Good evening. Are you guys? Commissioner Descoteaux 13:07 Good state your name for the record, please. Evan Dolecki 13:10 My name is Ivan ducky. Commissioner Descoteaux 13:12 And then tell us about the event. Evan Dolecki 13:14 First Run 5k and 10k. That takes place every year. And we'll start to finish is that Mala RU? So we're just looking to get permission to have our standard post race and prerace announcements and a little bit of music over our PA system. Commissioner Descoteaux 13:30 How many people are expecting to get the over there at Bowlero? Evan Dolecki 13:33 About 800, Commissioner Descoteaux 13:35 800 All right, Evan Dolecki 13:36 yep. Commissioner Descoteaux 13:39 Any type of security around there as well. Evan Dolecki 13:43 So the special events permit through the police department is already been approved and I have police in all the major intersections. So we have a lead race vehicle. And we'll have staff there. Cones signage. Commissioner Descoteaux 13:57 Very good, Commissioner Howe? Commissioner Krieger? -3- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Howe 14:00 move approval Commissioner Krieger 14:01 second, move forward for Commissioner Descoteaux 14:03 approval by Commissioner Howe seconded by Commissioner Krieger All in favor signify by saying aye. Aye. Any opposed? You're all set Thank you. Thank you very much. You as well. Secretary Pyers 14:16 Item number four has been withdrawn next is Application by Ngienwi Tangie for a "Special one-day permits to sell/dispense malt beverages & wines" for a Celebration of Life on December 16, from 7 to 11:30 PM at the Hellenic American Academy, 41 Broadway Street. Commissioner Descoteaux 14:38 Can you see that name again? drum Secretary Pyers 14:42 Ngienwi Tangie Commissioner Descoteaux 14:44 that just just my own amusement. That's all. We are zooming Where is he here? One right up to the left. And then you can put out your name correctly for us, how that? Ngienwi Tangie 14:57 he actually pronounced it correctly in January. Commissioner Descoteaux 14:59 Oh he did not bad,John, not bad. Wow. All right. Tell us about your event Ngienwi Tangie 15:04 It is the celebration of life for my mother in law, Deborah Nay. On December 16. Commissioner Descoteaux 15:13 Great. How many people are you expecting it? You're Ngienwi Tangie 15:15 about 150 Commissioner Descoteaux 15:17 115. How many bartenders are you planning on having -4- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Ngienwi Tangie 15:20 two Commissioner Descoteaux 15:20 two are they tips certified? Ngienwi Tangie 15:22 Yes, Commissioner Descoteaux 15:22 they are. Ngienwi Tangie 15:23 They have worked events there before. Ngienwi Tangie 15:25 Yes. Commissioner Descoteaux 15:25 Okay. Questions or comments and the applicant commissioner Howe? Commissioner Howe 15:28 move approval. Commissioner Descoteaux 15:30 Move by Commissioner Howe seconded by Commissioner Krieger. All in favor signify by saying aye. Aye. Any opposed? Motion carries. Ngienwi Tangie 15:36 Thank you. Commissioner Descoteaux 15:37 Good luck with the event. Ngienwi Tangie 15:38 Thank you. Commissioner Descoteaux 15:38 You're welcome. -5- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Secretary Pyers 15:43 Continuation of 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. Commissioner Descoteaux 15:58 Good evening. State your name for the record. Kelly Rota 16:00 Kelly Rota. Commissioner Descoteaux 16:01 Hawaii Kelly. Good How you doing this board appreciates you coming back again. Obviously, there was an objection that I do not believe there's an objection anymore. But I don't know if there's a party here that wanted to speak. So I think what we'll do at this point though, Commissioner Howe I think we found out that the distance was less than 500 feet though, right? Correct. So this board needs to okay, this in order for that there's no what's the word I'm looking for? Commissioner Howe 16:39 detrimental effect? Commissioner Krieger 16:40 Yeah. Commissioner Descoteaux 16:40 See, it's always good to have a lawyer on the board, you know, that detrimental effect? So we're gonna do we're gonna we're gonna listen, we're gonna open up the public hearing, then we'll have some discussion at that point. At this point, we'll open up the public hearing anybody like to speak in opposition? In opposition, in opposition, hearing no one that portion of the public hearing is closed. At this time, we'll open up the public hearing anybody like to speak in favor? Come right to the podium to the lectern, sir. State your name for the record. If you don't mind pulling your mask down for one second. That'd be great. Thank you, sir. Rev Jim Sinclair 17:15 Not at all, Jim Sinclair. And I have a brief statement to read. I'm the pastor of the First United Baptist Church here in Lowell, which has been in the same building since 1826. And I am speaking for those of us in an ad hoc group within our congregation. And thank you for your time, I will be brief. Mr. Pyers, thank you for your November 5 letter no of notifying a butters of last month's meeting, for which there was an agenda item pertaining to the requests submitted by the Axe Shack. after all was said and done, their request will remain a catalyst for healthy discussion at FEBC. For whatever reason, your letter did not come to our attention until two days before the last meeting. My reply which you kindly received in person, and of which you made copies for those present at the last meeting was written on short notice after consulting with some of our church leadership. I regret that I was unable to be here -6- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript last month yet I am thankful for the extra time, it allowed for the word to spread among our congregation and for additional research to be completed. Today most of our ad hoc group including me, support the approval of the application, none wants to stand in the way although we remain concerned about the number of bars, restaurants and liquor stores within a small radius of our church and how they may contribute to the problem of homelessness, poor health and crime. The main concern that the application raised was not the consumption of alcohol nor axe throwing per se, rather what it brought to the forefront were larger questions regarding substance abuse and addiction. The church in the world the duty of the entire community, including the church to ease the stressors that can drive people to despair, addiction and substance abuse and the place of alcohol in community and family. When Miss Rota and I spoke a few days ago, she was open to and receptive of our concerns and provided additional information, which our small group found helpful. John, thank you for connecting us. Thanks also to Mr. Belanger. For his phone call. We appreciate the open and direct communications with all of you and your offers to engage in further conversations. One of our members pointed out the story of Jesus turning water into wine at a wedding in Cana and noted that today Jesus would be at the axe shack making lots of friends. Thank you for listening. We hope to welcome our new neighbor very soon. Commissioner Descoteaux 19:50 Well stated pastor, thank you very much for your words. Anybody else like to speak in favor? In favor Hearing no one else that portion of the public hearing is closed. Questions or comments from Commissioner Howe or Commissioner Krieger. Commissioner Krieger 20:08 Yeah, I have a question about the axes flying? What kind of safety precautions do you have to make sure that there won't be any wild flying of axes? Kelly Rota 20:24 Oh, the first thing that you're gonna get when you walk into the Axe Shack is going to be a safety speech, trained by one of our train coaches to tell you all about the safest ways to have a really fun night. So safety is definitely at the top of our list. I have a letter here too, that I brought that was written by the owner of Axe Play in Hudson, New Hampshire. Commissioner Descoteaux 20:50 Is that the one in Hudson? Yes, I've been there. This year, your play is going to be similar to that. Kelly Rota 20:55 It's similar. But he's a BYOB established Commissioner Descoteaux 20:59 Yes. Kelly Rota 21:00 But he did write a letter in support, -7- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 21:03 you may bring it up. Sure. Kelly Rota 21:10 As he is also in a busy shopping plaza, so we thought we had a lot to compare Commissioner Descoteaux 21:14 actually quite similar to what you're gonna be doing. I'm sorry, just give me one moment. Commissioner Descoteaux 21:38 I'll let the other Commissioners read the letter. Kelly Rota 21:40 You know, safety obviously, is our primary concern. Commissioner Descoteaux 21:46 I can't do the underhand. Kelly Rota 21:48 Underhand. I don't do it either. Commissioner Descoteaux 21:50 I just can't do it. It's got to be this way. Right. I agree. All right. Kelly Rota 21:54 I'll let you go either way with that. Commissioner Descoteaux 21:58 Appreciate that. Kelly Rota 21:59 Find you out throw it backwards. Commissioner Descoteaux 22:01 Right. So I'm sorry. So if I'm looking at the one in Hudson, in my mind, all right, is you're gonna have how many stalls? I guess that the way Kelly Rota 22:12 I have 10 stalls, okay, and 20 targets Commissioner Descoteaux 22:16 and 20 targets, okay. And where is the alcohol going to be situated in the establishment -8- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Kelly Rota 22:23 on the front door. Basically, were an old Walgreens. So where they used to have their cash register, where you cash out, instead is going to be the place where you're going to check in and so you're going to walk in and you're going to sign a waiver, you're going to make sure they're going to make sure you're wearing close toed shoes, because our insurance company requires that. So we check all shoes at the door. Make sure everybody's wearing that once you're checked in for your axe throwing, then you'll move along down the counter to where somebody will serve you any beverage or snacks, whatever kind of food you're looking for. Commissioner Descoteaux 22:57 Okay. The people that will be serving the alcohol will they be TIPs certified. Commissioner Descoteaux 23:03 Yes, I'm already tip cert Commissioner Descoteaux 23:05 OK you are in how many employees do you plan on employing? Kelly Rota 23:08 I'm planning hopefully if all goes well, four to six, Commissioner Descoteaux 23:12 okay Kelly Rota 23:12 part timers. Commissioner Descoteaux 23:13 All right, and they'll all be TIPs certified you say. Kelly Rota 23:15 Yes Commissioner Descoteaux 23:16 Commissioner Howe. Commissioner Howe 23:18 So one of our for our function, our main function is to determine if your application is in order for us to issue a liquor license. But because of this x, this extracurricular activity of throwing axes and understand is very popular. I have some questions. You said that there are 10 lanes. And so there's but there's 20 spaces. So you've got one lane has two spaces, which is -9- December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Kelly Rota 23:47 why the first thing we're going to tell you is throw together walk down together, retrieve them together, come back together. Commissioner Howe 23:53 Got it. So when when people walk in, they're signing a waiver. And what else is there any type of coaching that you provide them because Kelly Rota 24:03 You will be brought to your lane by a coach, nobody walks into a lane without a coach present. Commissioner Howe 24:09 And could you describe what the coaching entails? Kelly Rota 24:12 Yep, coaching, we're gonna come in, we're going to tell you all about safety. First thing we're going to tell you is how you're never going to throw an axe if there's somebody standing inside the cages, or inside the pit, as we call it. And that's where I say we teach throw together retrieve together come back together. We also teach the proper form to throw an axe. We tell our big strong 20 year olds that they are not going to throw that axe as hard as they can because that is not going to win them the girl and is most likely going to make that axe bounce right back at them. And if that happens, we tell you if that axe does bounce back at you, you're just gonna let that axe continue along its path. Just step out of the way. Let it stop on its own. Don't try and stop it with your hands, feet or any other part of your body. Commissioner Howe 24:59 How far is at 12 or 15 feet? Kelly Rota 25:02 Ah, it's 12 feet per standard hatchet, 15 feet for a big axe Commissioner Howe 25:07 And where when people get their alcohol? Where is the alcohol situated as far as like how far back from the axe throwing is the alcohol? Is there a table and chairs? Kelly Rota 25:18 Yeah, I have a half a dozen tables and chairs for the waiting area. So you can, like I said, you're going to come in, you're going to check in, and then you're going to sit in the waiting area until your coach comes out tells you your lane is ready and brings you into your lane. So yes, that would be the seating area where you would sit with your drink. Commissioner Howe 25:38 Is there an age limit for the axe throwing like I had done a little research and some of them the establishments had only over 21 - 10 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Kelly Rota 25:48 There are some that do that we operate more like a bowling alley, if you're able to do it, we want you to do it. So we let 10 An up throw. Commissioner Howe 25:56 When when a group is done with the axe throwing what is the policy and procedure to make sure that someone's not walking out with an axe. Kelly Rota 26:06 We do label they are labeled with all of our house axes, all of our tablets have. I bought locking tablet holders to lock the tablets down to the tables. I can't lock up the axes. So it is what it is. And we really hope people I mean, it's kind of hard to sneak one of them out. They're pretty big. Commissioner Howe 26:26 And I noticed on your resume that you're an axe coach up in Manchester. Yeah. And you've done that for several years. Kelly Rota 26:34 I went up there to learn the business for a year. Yeah. Commissioner Howe 26:36 And did you start? Did you have any experience with service of alcohol there? Kelly Rota 26:40 No, we didn't serve there. They were BYOB as well. So mostly it was kind of metering what people were bringing in and what they were consuming while they were there and kind of keeping an eye on that. And also, they didn't allow any hard liquor there. So if you saw anybody with bottles, we would ask them to leave. Commissioner Howe 26:58 And you're TIPs certified. Kelly Rota 26:59 Yes. And I have passed long past experience as a cocktail servers. I do have experience with that previously. Commissioner Descoteaux 27:08 Alright, so I go in, I pay and I go to the stall, and I have my axe and I want a beer. So I'm done throwing the axe, I can go get a beer. Kelly Rota 27:20 And or you can just ask your coach to go get you a beer. - 11 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 27:23 Okay, and I placed that bear in the area, because then I'm going to have to throw the axe again. Because what I'm saying is that, what I'm saying is I don't want to see this. Kelly Rota 27:33 There are no no drinks allowed in the lanes and the only people allowed in the lanes are people that are throwing so everybody that's not throwing is standing behind the table behind the table behind a table. Okay, that two people that are throwing are standing up front. Everybody else in that party is behind the table. Okay, and there's no drinking allowed up in the lanes and I'm also going to be a glass free facility. We're not serving anything in glass. I'm not doing glass bottles, we're not doing glasses, everything's gonna be paper disposable plastic, Draft Draft beer, then I'm not even gonna I'm not going to do draft. So you're just gonna do Cans? Cans? Yep. Okay, yeah, we're gonna be mostly cans and the wine that comes in the cardboard. All right. Commissioner Howe 28:17 So is there going to be a coach in every lane or just the coach roam around, Kelly Rota 28:21 a coach will cover multiple lanes, because you're gonna have groups that come in at five o'clock groups gonna come in at 515 530. So you're kind of starting off one group. And then once you get them started, you're gonna go back and check on your first group. See how they're doing, give them a little bit of coaching, maybe give them some better axes to throw, maybe see if they want to try knife throwing, which we also offer. Commissioner Howe 28:45 You indicated that if I wanted another beer, I could ask the coach now will the coaches be TIPs certified? Kelly Rota 28:52 They will everybody who works there will be a coach. Okay. Yeah. Commissioner Howe 28:55 Because now obviously, they need to be able to recognize the signs of intoxicated... Yeah, Commissioner Descoteaux 29:01 cabinet Peaslee. Nothing, anything that we have no concerns. Okay. Commissioner Howe 29:06 So according to the statute, we need to find facts on the record. Commissioner Descoteaux 29:10 Right. So go right ahead. - 12 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Howe 29:17 Based on the facts from this hearing, I find that the granting of the liquor license to the AX shack is not detrimental to the spiritual activities of the church, according to chapter 138 section 16 C. Commissioner Descoteaux 29:35 Captain Peaslee get that? Captain David Peaslee 29:37 I didn't thank you. Commissioner Descoteaux 29:38 Thank you. Pastors. That sounds good to you? Rev Jim Sinclair 29:42 Yes Commissioner Descoteaux 29:42 Very well, sir. motion on the floor by Commissioner Howe to approve seconded by Commissioner Krieger. All in favor signify by saying aye. Aye. Any opposed? I want to wish you the best of luck. Kelly Rota 29:53 Thank you. Commissioner Descoteaux 29:54 I hope it's a success. Kelly Rota 29:55 I hope you come by and try it. Commissioner Descoteaux 29:58 I probably let my wife Girls Not me. Thank you. Secretary Pyers 30:27 Petition to Amend “All Alcoholic Beverages” license operating hours from a 2:00 AM closing time to 11:00 PM by Veterans of Foreign Wars Walker Rogers Post No. 662, Inc., 190 Plain Street, James Golden, License manager. Commissioner Descoteaux 30:44 Good evening, state your name for the record, sir. James Golden 30:46 James Golden - 13 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 30:47 Hawaii Mr. Golden. It's been a while I haven't seen you in a while. James Golden 30:53 I can't quite hear you. Commissioner Descoteaux 30:54 I said, I haven't seen you in a while how James Golden 30:56 I know. We've been ah closed down for a little while. Commissioner Descoteaux 30:59 Okay. So tell us what the plan is here. James Golden 31:03 We closed down on the 30th of July. We've taken everything out of the building, we just got a few things left on the building the buildings for sale, but it's not being sold. And right now we have a purchase and sales for the end of January. But it keeps getting put off, they keep paying money towards the city's Tanner Street project is seems to be holding up the sale. So we don't want to give up my license. So I talked to John and John said the best way to do this is to get a 11 o'clock license. So that's why we petitioned you. Commissioner Descoteaux 31:40 Okay. As a three members that are up here, or if all the other two members. Remember there was a situation like this, I think it was bar 74 where the owner had had left the state, and they weren't in business, but they had kept their license. We then granted a certain amount of time and she never responded. But I'd be willing to do since you are in the process of securing a new premise for for the VFW. I'd be willing to make a motion to extend this for another six months, John. We'll call Mr. Golden back, see what their prog progress is and go with that. But knowing that they're working on it, I don't have a problem with issuing a license for the following year. Okay, very good comments from the other Commissioners? Commissioner Howe 32:35 Agreed. Commissioner Descoteaux 32:36 Commissioner Krieger? Commissioner Krieger 32:37 Yeah, I agree. I do want to know, is the city moving forward with this street widening project? - 14 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript James Golden 32:45 Well, we made a deal with the city two years ago, we gave them 30 feet of our land. Yeah, they gave us some land on the back end of Montreal Street. Right. And there was no, we gave them $1 They gave us $1. So this was for that Tanner Street project. And I guess they've been dealing with the Levine's at the carwash and I don't know what's going on with that. I know I came to City Hall about a year and a half ago, the governor gave the city three and a half million, three and a half million dollars to start that project. But nothing's ever happened up there. I don't know if it's ever gonna start. But what the problem is that developer that's buying our building, they're having trouble with the engineers in the city about where they can put their building. So they keep asking us for an extension. We were hoping to be outta there. Commissioner Descoteaux 33:40 So you're in a catch 22 between both locations here at this right. Okay. All right. Well, Commissioner Krieger 33:46 I thought the carwash had been shut down for a while James Golden 33:51 no the carwash is still running, Commissioner Krieger 33:53 still running. Okay. Commissioner Descoteaux 33:58 All right. Why don't we Why don't we do this, John. So let's keep Mr. Golden keep us apprised of the situation. If nothing happens once you will have Mr. Pyers call you back in around June and see we're super hopeful. James Golden 34:12 We were sold an out of the oven. Starting on November. Commissioner Descoteaux 34:15 Very good. Yeah. Okay, good for the veterans out make sure there's a home all right. No, I don't think we need to vote. Do we? Secretary Pyers 34:26 You simply need to approve the change in operating hours. Commissioner Krieger 34:29 Yeah, I move we approve the changes in operating. - 15 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 34:32 Seconded by Commissioner Howe. All in favor signify by saying aye. Aye. Any opposed? Motion carries. You're all set Mr. Golden. Okay. Take care. James Golden 34:39 Thank you very much. Commissioner Descoteaux 34:40 All right. Secretary Pyers 34:42 Public hearing regarding an application to amend premises for an All Alcoholic Beverages Club license for Lowell Firefighters Association, 362 Fletcher Street. Commissioner Descoteaux 34:59 good Good evening. State your name for the record. William Desrosiers 35:01 Yes. Good evening. My name is Bill Desrosiers. I'm the president of the Lowell Firefighters Association. Commissioner Descoteaux 35:06 Hawaii chief, very good. How are you doing? Well, what's going on? William Desrosiers 35:11 If you might remember, if the commission remembers, I came before you last spring for a temporary license to allow outdoor seating to fit alcoholic beverages to be served outside. At the time, we had received permission or authorization from the city of Lowell to use that property, that sidewalk area, if you're not completely familiar with it, it's the location between our local Firefighters Association, which is our club, and the World War One monument. It's a sidewalk pathway area there. That's not really a joined by streets, it's joined on the ends, but not directly joined to it. And our members enjoyed the ability to sit outside during the summer months at a table that we had set up outside to have a cocktail or to have a bite to eat right outside there. And we'd like to now we're asking the commission for approval to include that with our annual license. Commissioner Descoteaux 36:09 I was there for a birthday party actually about a month ago and went outside and saw it, it's kept up neatly. You've used fencing around there. It's everything looks nice and neat. And it's a nice job. William Desrosiers 36:22 We had put the barricades all around it like yeah, required everything we met all the requirements. Commissioner Descoteaux 36:27 Safe and secure. questions or comments for Chief Desrosiers? - 16 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Krieger 36:30 Move approval Commissioner Howe 36:31 Second Commissioner Descoteaux 36:31 All in favor signify by saying aye. Aye. Any opposed? Chief, all set. William Desrosiers 36:35 Thank you very much Commissioner Descoteaux 36:36 good seeing you William Desrosiers 36:36 you too Secretary Pyers 36:40 Public 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. Shawn is joining us on Zoom. Matt and Zack are here in person Commissioner Descoteaux 37:00 who is going to be the manager of record? Sean Gordon 37:02 I will be. I'm on chat; we've met a number of times. I'm well, sorry. I'm actually apologize in advance if my internet is spotty. I'm actually on a cruise. So I'm, I'm relaying I'm relying on Wi Fi. But I didn't want to miss this. I'm on my way home. I'm home tomorrow. But I you know, I wanted to make sure I was able to call in for this. Where are you Commissioner Descoteaux 37:24 on? Where are you Sean? Sean Gordon 37:27 Where am I am somewhere between - on the way back to Miami? Matt Wishnack 37:32 Triangle. - 17 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Sean Gordon 37:36 So all right, I'm gonna conference. Commissioner Descoteaux 37:38 You've been in front of us a few times. Unless Captain Peaslee has told me there's been any issues with any prior licenses? Captain David Peaslee 37:46 No, I actually did a search before he came here today. There's been no issues at all. They're very good. Commissioner Descoteaux 37:51 Good. Gentlemen, would you like to say anything on your end or nothing? Sean's done a good job. He's gonna be manager of record. And that's right. As long as we continue the way we can, you know, you're conducting business. This board who I didn't think was going to have a problem voting this. Commissioners any comments for Sean, or these two gentlemen? Move approved by Commissioner Oh, yeah. public hearing. At this time. We'll have up the public hearing anybody like to speak in opposition and opposition and opposition. Hearing no one that portion of the public hearing is closed at this time open up the public hearing anybody like to speak in favor in favor in favor? Hearing no one that portion of the public hearing is closed motion by Commissioner Krieger seconded by Commissioner Howe to approve all in favor signify by saying Aye. Any opposed? Motion carries. Gentlemen, good luck with your new venture. Matt Wishnack 38:38 Thank you very much. Commissioner Descoteaux 38:39 All right. Commissioner Descoteaux 38:40 Thank you. Appreciate it. Commissioner Descoteaux 38:41 All right, Sean, be safe out there. Sean Gordon 38:44 Thank you. I'll see you soon. Secretary Pyers 38:49 Public 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. - 18 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 39:04 It will be well we're coming very close friends here. Valessa Marques 39:10 Yeah. Well, everybody should go over there to celebrate it like a birthday party wedding shower. Commissioner Descoteaux 39:17 Yeah, I mean, I'm hearing good things. They are doing a good job over there. And that's good to hear where you'd like to see new business come in. And obviously Hall rentals are at a premium right now in the city. So yes. So that's great. That's great. And we want you to continue doing a good job. And unless the commissioners have any other questions or comments, public hearing public hearing, at this time open up the public hearing anybody like to speak in opposition in opposition in opposition Hearing no one that portion of the public hearing is closed. At this time we'll open up the public hearing anybody like to speak in favor in favor in favor? Hearing no one that portion of the public hearing is closed as motion of floor by Commissioner Howe to approve it seconded by Commissioner Krieger All in favor signify by saying aye aye any opposed? The motion carries ladies. Wish you the best of luck Valessa Marques 40:06 I hope to see you guys over there. Commissioner Descoteaux 40:08 All right bye bye now same to you Secretary Pyers 40:16 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. Commissioner Descoteaux 40:32 motion by Commissioner Howe to ratify seconded by Commissioner Krieger All in favor signify by saying aye. Aye. Any opposed? Motion carries Next please. Secretary Pyers 40:39 I wanted to mention that Amanda Etinge joined us by zoom she Amanda Etinge 40:46 Hi guys I'm sorry I'm having a terrible cold now Commissioner Descoteaux 40:50 it's not a problem. Secretary Pyers 40:51 She ran the event - 19 - December 1, 2022 Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 40:52 Go Go back to bed you're all set. Thank you. All right, but by Secretary Pyers 41:01 Request for a hearing for an application by Pho 88 Restaurant Inc. [d/b/a] Pho 88, Ha Nguyen, proposed license manager, for transfer of an "All Alcoholic Beverages" restaurant license for premises at 1270 Westford Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on December 15, 2022 at 6 PM. Commissioner Descoteaux 41:25 Motion by Commissioner Howe seconded by all I'm sorry, did you want to speak? Ha Nguyen 41:31 Hi. Commissioner Descoteaux 41:32 You can speak if you like but we're gonna schedule a public hearing for December 15. And then you'll have to be here for that. But you don't you're all set here tonight for night. Ha Nguyen 41:40 Thank you. Commissioner Descoteaux 41:41 Okay, have a nice night. All right. Motion by Commissioner Krieger seconded by Commissioner Howe to schedule a public hearing and December 15. All in favor signify by saying aye. Aye. Any opposed? Motion carries. Motion by commissioner Krieger to adjourn seconded by Commissioner Howe. Ladies and gentlemen, have a great evening. - 20 -