License Commission

Lowell License Commission | Meeting Minutes for December 15, 2022 ‐ Approved This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, December 15, 2022, at 6:00 PM and remotely by Zoom: Meeting ID: 850 6567 0481 Passcode: 457278. Video of this meeting is available: https://youtu.be/4Yd-ZK2w9JA ROLL CALL: On a roll call at 18:02, members present were, namely: Commission Chair Descoteaux, Commissioner Krieger, Commissioner Howe, Commissioner Chhan, and Commissioner Donahue. MINUTES: 0 Acceptance of the meeting minutes for December 1, 2022. Commissioner Howe requested that specific language be added to the minutes to clarify the extent to which the Commission evaluated the application for liquor license by the Axe Shack. Specifically, Commissioner Howe stated “the last sentence says the commissioner ran through several scenarios with Miss Rota to better understand her business operations. I would like to add ‘and to assure this would be a safe operation.’” Commissioner Howe further stated: “I would also like to add, "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." Commissioner Howe made a motion to approve the minutes with the stated amendments and place minutes on file from the Lowell License Commission Meeting of Thursday, November 17, 2022; seconded by Commissioner Krieger. 3 yeas, 2 present (C. Donahue, C. Chhan), APPROVED. 1 Application by Alaina Brackett, owner of Purple Carrot Bread Co., for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a New Year's Eve Dinner on Saturday, December 31, 2022 from 5 to 9PM at Purple Carrot, 107 Merrimack Street. Ms. Brackett described her upcoming event and explained that the “one day licenses” are for events designed to raise money for a transition to a full Italian Restaurant. Move approval by Commissioner Krieger; seconded by Commissioner Howe. 5 yeas, APPROVED. 2 Application by Gurdip Singh, manager of Veggie Crust, for transfer of a "Common Victualler" license for premises at 1740 Middlesex Street. Mr. Singh represented Veggie Crust; he explained that the new location on Middlesex Street is his second location, and he described the theme of the restaurant as vegetarian, vegan, and gluten‐free. The Commissioners asked for clarification on his exact location. Move approval by Commissioner Donahue; seconded by Commissioner Chhan. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 2 Lowell License Commission | Meeting Minutes for December 15, 2022 ‐ Approved 3 Application by LMG Presents for 20 "Special one‐day permits to sell/dispense malt beverages & wines" for the following events at Lowell Memorial Auditorium, 50 East Merrimack Street: 1. Golden Gloves on January 12, 19, 26 February 2, 9, 16, 23, March 2, 9, 2023 from 6:30 to 10:30PM. 2. Down & Dirty Boxing on January 28, 2023 from 4 to 10:30PM. 3. Beyond the Stars Dance on February 10, 11, 12, 2023 from 10AM to 10:30PM. 4. Star Power Dance on February 24, 25, 26, 2023 from 10AM to 10:30PM. 5. Annie on February 27, 2023 from 6 to 10:30 PM. 6. Elite Dance on March 3, 4, 5, 2023 from 10AM to 10:30PM. Peter Lally, president of LMG Presents, attended the meeting by Zoom. Mr. Lally stated that his company was just awarded a contract to provide food and beverages to the Lowell Memorial Auditorium, and that he would need to apply for one‐day licenses until his application for annual liquor license was approved. Commissioners asked Mr. Lally to explain the alcohol service at the longer (12 hour long) events. He explained that the annual dance competitions involved a large number of dancers with their parents, and that no one stayed for the whole event – parents came to watch their children compete, and typically are only on site for a couple of hours at most each day. There are so many competitors, they have to hold the event over 3 twelve‐hour days, but no one stays for the entire competition. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 4 Public 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. Ms. Ha Nguyen explained that she and her husband had owned Pho 88 together since 1999, but that she recently bought her husband out in a divorce settlement. She further explained that, although she wasn’t previous the license manager, she has always been a co‐owner and manager of the business. She stated that she is TIPs Certified. Captain Peaslee, of the Lowell Police Department, confirmed that the business has not had any police calls in the last couple of years, and no issues on record. At the hearing, no one spoke in favor or in opposition of the application. Move approval by Commissioner Krieger; seconded by Commissioner Chhan. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:13, 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 2 of 2 December 15, 2022 Meeting of the Lowell License Commission Transcript Thursday, December 15, 2022 18:02-18:13 • 10:37 Commissioner Descoteaux 06:58 Good evening. Welcome to the December 15 meeting of the Lowell license commission Secretary Pyers, was the meeting posted? Secretary Pyers 07:01 Yes, it was. Commissioner Descoteaux 07:02 Roll call please. Secretary Pyers 07:03 Commission chair Descoteaux. Commissioner Descoteaux 07:06 Here. Secretary Pyers 07:07 Commissioner Howe Commissioner Howe 07:08 Here Secretary Pyers 07:09 Commissioner Krieger Commissioner Krieger 07:10 Here. Secretary Pyers 07:10 Commissioner Donahue? Commissioner Donahue 07:11 Here Secretary Pyers 07:12 Commissioner Chhan Commissioner Chhan 07:13 Here -1- December 15, 2022 Meeting of the Lowell License Commission Transcript Secretary Pyers 07:14 Five present. Zeroth is the acceptance of the December 1, 2022 minutes. Commissioner Howe 07:19 I have a question on the minutes? Commissioner Descoteaux 07:21 Commissioner Howe, go right ahead. Commissioner Howe 07:23 Item six, the end of the first paragraph. Secretary Pyers 07:28 Okay, give me sec Commissioner Howe 07:29 I wanted to add something to that. Secretary Pyers 07:33 OK, yes. Commissioner Howe 07:34 The last sentence says the commissioner ran through seven, the Commission ran through several scenarios with Miss Rota to better understand her business operations. I would like to add "and to assure this would be a safe operation." Commissioner Krieger 07:49 Yeah, I agree. Commissioner Howe 07:50 I would also like to add, "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." That's it. Secretary Pyers 08:12 Good Commissioner Descoteaux 08:14 Cliff, she actually read the agenda. Commissioner Krieger 08:17 No, like a lawyer. Because those are all good points to show that we did our due diligence. So I move approval with the modifications proposed. -2- December 15, 2022 Meeting of the Lowell License Commission Transcript Commissioner Descoteaux 08:30 There's a motion by Commissioner Howe it is seconded by Commissioner Krieger for the amended changes all in favor signify by saying aye. Aye. Any opposed? Thank you Commissioner Howe. Secretary Pyers 08:43 Application by Alaina Brackett, owner of Purple Carrot Bread Co., for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a New Year's Eve Dinner on Saturday, December 31, 2022 from 5 to 9PM at Purple Carrot, 107 Merrimack Street. Commissioner Descoteaux 09:01 Good evening, state your name for the record. Alaina Brackett 09:02 Alaina Brackett. Commissioner Descoteaux 09:03 How are you, Alaina? Alaina Brackett 09:04 Good. How are you? Commissioner Descoteaux 09:05 Good. I want the chicken noodle soup back. Alright. Alaina Brackett 09:09 Okay. Commissioner Descoteaux 09:09 All right. I'm not going to approve this that's all. Tell us about your event. Alaina Brackett 09:15 We did such a great job. The last event that we had, it was very well received. Alaina Brackett 09:20 And so we're hoping to kind of drum up a little more business during the slow season. Commissioner Descoteaux 09:20 Good. Commissioner Descoteaux 09:25 Yep. -3- December 15, 2022 Meeting of the Lowell License Commission Transcript Alaina Brackett 09:26 And do dinners and kind of get people used to some Italian dinners because we might be opening an Italian restaurant soon. Commissioner Descoteaux 09:33 Are you really? in the city or? Alaina Brackett 09:34 yes in the city? Commissioner Descoteaux 09:36 Is it a secret or where it's going on? Alaina Brackett 09:37 Not a very well kept secret. Commissioner Descoteaux 09:39 All right. Alaina Brackett 09:40 But the bread oven that we did crowdfunding for, we got a bread oven and it has to be put on a concrete slab. So we're opening another place moving bread production there and we'll sell Italian food, fresh pasta and Roman style pizza. Commissioner Descoteaux 09:56 I'm glad to hear it. You do a very good job over there. Alaina Brackett 09:59 Well Thanks. Commissioner Descoteaux 10:00 Commissioners, any questions for the applicant? Commissioner Krieger 10:04 Move approval. Commissioner Descoteaux 10:05 Move approval by Commissioner Krieger, seconded by Commissioner Howe, all in favor signify by saying aye. Aye. Any opposed? Lena, good luck with the event then good luck with the new venture. Alaina Brackett 10:14 Thank you. -4- December 15, 2022 Meeting of the Lowell License Commission Transcript Commissioner Descoteaux 10:15 All right. Bye, bye. Secretary Pyers 10:20 Application by Gurdip Singh, manager of Veggie Crust, for transfer of a "Common Victualler" license for premises at 1740 Middlesex Street. Commissioner Descoteaux 10:32 Good evening, state your name for the record, sir. Gurdip Singh 10:34 Good evening. My name is Gurdip Singh. How are you tonight? I'm good. How are you? Commissioner Descoteaux 10:36 How are you tonight? Gurdip Singh 10:37 I'm good. How are you? Commissioner Descoteaux 10:37 Good. What are we doing? Gurdip Singh 10:39 We are. So veggie crust is a family restaurant which my wife and I we run together. We have another location in Brookline. And this is our new location that we're working on in the city. Very welcome. Thank you so much for having me here. Very good. Restaurant, mainly we specialize in vegetarian, vegan, and gluten free - that sort of diet or have a healthy diet other than your traditional pizza. Commissioner Descoteaux 11:05 Are you in the plaza? Are you in the plaza there? Gurdip Singh 11:07 I'm sorry. Commissioner Descoteaux 11:08 Where are you located in the plaza? Gurdip Singh 11:10 No. Commissioner Descoteaux 11:10 Where are you? -5- December 15, 2022 Meeting of the Lowell License Commission Transcript Gurdip Singh 11:11 Oh, it's the donut shop. Commissioner Descoteaux 11:14 Oh, okay. Gurdip Singh 11:15 Honey Dew donut shop and pizza. Commissioner Descoteaux 11:17 All right I got it. Yeah. All right. John, everything in line? Secretary Pyers 11:20 Yes, it is. Commissioner Descoteaux 11:21 All right. Questions? Comments for the applicant? Wish to move approval by Commissioner Donahue seconded by Commissioner Chhan All in favor signify by saying aye. Aye. Any opposed? I want to wish you the best of luck. Gurdip Singh 11:33 Thank you very much. Have a good night. Secretary Pyers 11:40 Application by LMG Presents for 20 "Special one-day permits to sell/dispense malt beverages & wines" for the following events at Lowell Memorial Auditorium, 50 East Merrimack Street: 1. Golden Gloves on January 12, 19, 26 February 2, 9, 16, 23, March 2, 9, 2023 from 6:30 to 10:30PM. 2. Down & Dirty Boxing on January 28, 2023 from 4 to 10:30PM. 3. Beyond the Stars Dance on February 10, 11, 12, 2023 from 10AM to 10:30PM. 4. Star Power Dance on February 24, 25, 26, 2023 from 10AM to 10:30PM. 5. Annie on February 27, 2023 from 6 to 10:30 PM. 6. Elite Dance on March 3, 4, 5, 2023 from 10AM to 10:30PM. Commissioner Descoteaux 12:38 Do we have a representative on Zoom? Secretary Pyers 12:40 They're joining us on Zoom, yes. Pete Lally 12:45 Peter Lally president of LMG presents -6- December 15, 2022 Meeting of the Lowell License Commission Transcript Commissioner Descoteaux 12:48 How are you Peter? Pete Lally 12:50 I'm doing well. How are you? Commissioner Descoteaux 12:51 Very good. So we have 20 applications here. Is this something you're going to continue on for the rest of the next year? I'm just thinking it might have been cheaper to get your full year license. Pete Lally 12:59 Yeah, so the city has issued an RFP to which we've responded and been awarded to and are currently anticipating to go under contract for January 1, for more of a long term arrangement, at which time we will work with the work to have the permanent license restored under that contract, which from what we're told, is going to take a few months that the navigating with the state's licensing to get Commissioner Descoteaux 13:33 Understood. Pete Lally 13:33 So it will be for a few months, hopefully only the first two or three months of the year. Getting going for one days in order to facilitate the licensing. Commissioner Descoteaux 13:44 I understand. I understand. Commissioners, any other further questions for Mr. Lally. That was Mr. Donahue. Commissioner Donahue 13:51 Mr. Lally, I'm wondering about could you give us some background on the 10am to 10pm licenses. Those are long days for serving alcohol, what kind of crowds are gonna be there? Pete Lally 14:03 Yeah, those are long term events that … these are dance competitions that come in annually. These are situations where people are coming and going throughout the day, throughout the weekend, really. So we do offer food and beverage services traditionally, while those folks are coming, so it's not the expectation that someone's going to be there for 10 hours. This is something where someone's coming in, they're seeing their child dance, and heading out. It's just the number of applicants and the number of participants in the in the competitions is such that they have to be long days for three days in a row in order to get everybody's competitions done. Commissioner Donahue 14:47 Thank you. -7- December 15, 2022 Meeting of the Lowell License Commission Transcript Commissioner Descoteaux 14:50 Any other questions? Move approved by Commissioner Krieger seconded by Commissioner Donahue. All in favor signify by saying Aye. Any opposed? Thank you. Pete, you're all set. Pete Lally 15:01 Great. Thank you all so much. Commissioner Descoteaux 15:02 Take care. Happy Holidays Secretary Pyers 15:10 Public 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. Commissioner Descoteaux 15:26 Good evening. State your name for the record. Ha Nguyen 15:28 Excuse me? Commissioner Descoteaux 15:29 your name, please. Ha Nguyen 15:30 My name is Ha Nguyen. Commissioner Descoteaux 15:31 How are you, Ha? Ha Nguyen 15:32 I'm good. Commissioner Descoteaux 15:33 Good. Can you just move the microphone down to you? There you go. All right. Okay. So you're, you're going to be the new manager of the restaurant, right? Yes. All right. Do Can you tell us something about your background and experience in the business? Ha Nguyen 15:48 My business opened in 1999, is almost 24 years ago. Before – together – me and my husband (owned & operated the restaurant), and then we separated and divorced last September. -8- December 15, 2022 Meeting of the Lowell License Commission Transcript Commissioner Descoteaux 16:05 So he was the manager of record previously. And now you're going to be the manager of record, and you have controlling interest today. Ha Nguyen 16:12 We divorce on September 1, and then I buy him out. 50 percent for my, the restaurant. Commissioner Descoteaux 16:20 Okay. Ha Nguyen 16:20 And then now, … his name not in the business anymore. And I'll take over. Commissioner Descoteaux 16:30 You have 100% of the business. Ha Nguyen 16:31 Yes. Commissioner Descoteaux 16:32 You're going to be the manager of record. Ha Nguyen 16:33 Yeah. Commissioner Descoteaux 16:34 You've been there for 20 something years. Right. Ha Nguyen 16:36 Yes Commissioner Descoteaux 16:36 All right, Captain Peaslee, we've never had any incidents at all? Captain David Peaslee 16:40 Before the meeting, I checked the CAD system. We've had zero calls for service there in the last couple of years. So no, Commissioner Descoteaux 16:45 Thank you, sir. I like that. Well, your experience speaks for itself. Ms. Nguyen. Questions or comments from the commissioners? Yep. Well, we'll do that. Don't you worry about that Joe. At this time, we'll open up the public hearing. Anybody liked to speak in opposition, in opposition, in opposition? Hearing no one, that portion of the public hearing is closed. At this time like to open up the public hearing to -9- December 15, 2022 Meeting of the Lowell License Commission Transcript anyone who'd like to speak in favor, in favor, excuse me, in favor, in favor? Hearing no one, that portion of the public hearing is closed. What is the wish of the body? Move approval by Commissioner Krieger, seconded by Commissioner Chhan. All in favor signify by saying aye. Aye. Any opposed? You're all set. Ha Nguyen 17:32 Thank you. Commissioner Descoteaux 17:32 All right. Want to wish you the best of luck. Ha Nguyen 17:34 Thank you. All right this month and enjoy holiday season. Commissioner Descoteaux 17:37 See you. Very good. Thank you. Any further business commissioners? Motion by Commissioner Krieger to adjourn seconded by Commissioner Howe. All in favor signify by saying Aye. Any opposed? Ladies and gentlemen, Merry Christmas and a Happy New Year to everyone. Have a good evening. - 10 -