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License Commission

Regular Meeting

Lowell, MA · October 12, 2023

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Minutes

Lowell License Commission | Meeting Minutes for 2023.10.12 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, October 12, 2023, at 6:00 PM, and by Zoom. Video of this meeting is available: https://youtu.be/MMQB3SPf2C8?si=gvBNtixVRGzd32d9 ROLL CALL: On a roll call at 18:00, members present were, namely: Commissioner Krieger, Commissioner Howe, Commissioner Mercier, and Commissioner Taing. Commission Chair Descoteaux was absent. MINUTES: 0 Acceptance of the meeting minutes for September 28, 2023. Commissioner Howe made a motion to approve the minutes and place minutes on file for the Lowell License Commission Meeting of Thursday, September 28, 2023; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 1 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for three "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus: a. Monday, October 30, 2023, 5 to 7:30 PM ‐ Reception at Saab Emerging Technologies & Innovation Center, 40 University Avenue. b. Monday, November 6, 2023, 4:30 to 6 PM – Tip‐off party for Men's Basketball, Alumni Hall Lounge, 84 University Avenue. c. Monday, November 6, 2023, 5:30 to 8:30 PM ‐ UMass Lowell Men's Basketball game, Costello Gymnasium, 261 Riverside Street. Mr. Fitzgibbons reviewed the events, and noted that police details were scheduled to be present for the sporting events. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 2 Ratification of an application by Kah Ndi, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Marriage Ceremony held on Saturday September 30, 2023, from 4 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. Ms. Ndi appeared before the Commission to have her license ratified. She was pleased to report that the wedding had been a success. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 4 Lowell License Commission | Meeting Minutes for 2023.10.12 3 Ratification of two applications by Amanda Étinge, for "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for a Cameroonian American Military Professional National Convention. Event was held on Friday & Saturday, October 6 and 7, 2023, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. Agenda items 3 & 4 were taken together. Ms. Étinge explained why her applications were late, including another, unlisted application. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 4 Application by Amanda Étinge, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Cameroonian Social Club event on Saturday, October 14, 2023, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. Ms. Étinge reviewed the series of Cameroonian events – all fundraisers for disadvantaged persons. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 5 Application by Rio Sabella, for a "Special One Day License to sell/dispense All Alcohol," for the Lowell Makes 10th Anniversary Celebration on Saturday, November 11, 2023, from 5 to 9 PM at Lowell Makes, 130 Western Ave. Mr. Sabella appeared before the Commission on Zoom. He reviewed his event for the Commission and stated that he anticipated 75 to 100 attendees and had one TIPS Certified bartender for this celebration. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 6 Applications by Steve Syverson, for a "Special One Day License to sell/dispense Wines only," for an artist reception on Saturday, October 14, 2023, from 3 to 6 PM at Ayer Lofts Gallery, 172 Middle Street. Norm Carron appeared before the Commission to represent ALL and Ayer Lofts. He reviewed the reception for a local artist and explained that he was hiring a local TIPS Certified bartender. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 7 Public hearing for an application by Kandon Inc. [d/b/a] The Old Court, Finbarr Sheehan, license manager, to amend an "All Alcoholic Beverages Restaurant" license for premises at 29 Central Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 4 Lowell License Commission | Meeting Minutes for 2023.10.12 Finbarr Sheehan appeared before the Commission; he explained that his partner was retiring and he was buying his partner’s interest in the business. He also explained that he was amending his license in a couple of other ways – changing the name. At the hearing, no one spoke in favor or in opposition of the application. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 8 Public hearing for an application by Valentina's Portuguese Market LLC, Maria Arsenault, proposed license manager, for a "Wines and Malt Beverages" package store license for premises at 888 Central Street. Ms. Arsenault appeared before the Commission. She explained that she wanted to add Portuguese libations to her offerings. Although she has not been trained in alcohol sales yet, she has arranged for training for herself and her employees, and she has already ordered a machine to check IDs. At the hearing, no one spoke in opposition or in favor of the application. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 9 Application to amend an "All Alcoholic Beverages" Restaurant license for Cafeto Corporation, 1018 Gorham Street. Amendments include "Change of Officers" and "Change of Manager." Proposed license manager is Shirley Villegas‐Giraldo. Attorney Michael Zaim appeared before the Commission and reviewed the planed changes to the Cafeto license. He also explained that the new owners had worked with the previous owner and that the business plan would not be changing. These changes did not require a public hearing, only a vote; and no advertisement was required. Move approval by Commissioner Taing; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 10 Request for a hearing for an application by Yoi Japanese Bistro, Inc. [d/b/a] Osawa Bistro, DingBin Chen, proposed license manager, for transfer of an "All Alcoholic Beverages" restaurant license for premises at 61 Merrimack Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on November 9, 2023, at 6 PM. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 11 Request for a hearing for an application by Reginato, LLC [d/b/a] Village Market, Karina Conceicao, proposed license manager, for transfer of 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 9, 2023, at 6 PM. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 4 Lowell License Commission | Meeting Minutes for 2023.10.12 Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 12 Communication from Gregory Hudon, Superintendent of Police, dated October 10, 2023, regarding allegations of misconduct charged against El Jefe Taco Bar Inc., d/b/a El Jefe Taco Bar, 203 Cabot Street, Pedro Aguirre, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred Friday, September 22, 2023, and are namely: 1) failure to comply with general conditions for an alcoholic beverages License. 2) failure to display licenses and permits. Motion to schedule a hearing to review licensee’s compliance with regulations made by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. 13 Communication from the Executive Secretary regarding compliance with regulations by Triumph Motor Works LLC, 16 Stedman Street, Unit 7, Brian Guevara‐White, License Manager, Class II Auto Dealer license. The business has not maintained legal premises in the City of Lowell since July 1, 2022. Motion to schedule a hearing to review licensee’s compliance with regulations made by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. ADJOURNMENT: Commissioner Howe made a motion to adjourn at 18:24, seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Descoteaux), APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 4

Agenda

The City of Lowell City Hall • 375 Merrimack Street • Lowell, MA 01852 License Commission • 978-674-4156 John Descoteaux Commission Chair Cliff Krieger Martha Howe Dennis Mercier Andrew Taing Commissioners Michael Q. Geary City Clerk, City of Lowell Lowell, Massachusetts October 10, 2023 Dear Sir: In compliance with Massachusetts General Law chapter 30A, sections 18–25, notice is hereby given that a meeting of the License Commission of the City of Lowell is scheduled to take place on Thursday, October 12, 2023, at 6:00 PM. Members of the public may attend in‐person in the City Council Chambers, City Hall, 375 Merrimack St., Lowell, MA 01852; or join remotely by Zoom: Meeting ID: 843 6408 9606 Passcode: 494118. John Pyers, Executive Secretary 0 Acceptance of the meeting minutes for September 28, 2023. 1 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for three "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus: a. Monday, October 30, 2023, 5 to 7:30 PM ‐ Reception at Saab Emerging Technologies & Innovation Center, 40 University Avenue. b. Monday, November 6, 2023, 4:30 to 6 PM – Tip‐off party for Men's Basketball, Alumni Hall Lounge, 84 University Avenue. c. Monday, November 6, 2023, 5:30 to 8:30 PM ‐ UMass Lowell Men's Basketball game, Costello Gymnasium, 261 Riverside Street. 2 Ratification of an application by Kah Ndi, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Marriage Ceremony held on Saturday September 30, 2023, from 4 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. 3 Ratification of two applications by Amanda Étinge, for "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for a Cameroonian American Military Professional National Convention. Event was held on Friday & Saturday, October 6 and 7, 2023, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. 4 Application by Amanda Étinge, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Cameroonian Social Club event on Saturday, October 14, 2023, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. 5 Application by Rio Sabella, for a "Special One Day License to sell/dispense All Alcohol," for the Lowell Makes 10th Anniversary Celebration on Saturday, November 11, 2023, from 5 to 9 PM at Lowell Makes, 130 Western Ave. 6 Applications by Steve Syverson, for a "Special One Day License to sell/dispense Wines only," for an artist reception on Saturday, October 14, 2023, from 3 to 6 PM at Ayer Lofts Gallery, 172 Middle Street. 7 Public hearing for an application by Kandon Inc. [d/b/a] The Old Court, Finbarr Sheehan, license manager, to amend an "All Alcoholic Beverages Restaurant" license for premises at 29 Central Street. 8 Public hearing for an application by Valentina's Portuguese Market LLC, Maria Arsenault, proposed license manager, for a "Wines and Malt Beverages" package store license for premises at 888 Central Street. 9 Application to amend an "All Alcoholic Beverages" Restaurant license for Cafeto Corporation, 1018 Gorham Street. Amendments include "Change of Officers" and "Change of Manager." Proposed license manager is Shirley Villegas‐Giraldo. 10 Request for a hearing for an application by Yoi Japanese Bistro, Inc. [d/b/a] Osawa Bistro, DingBin Chen, proposed license manager, for transfer of an "All Alcoholic Beverages" restaurant license for premises at 61 Merrimack Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on November 9, 2023, at 6 PM. 11 Request for a hearing for an application by Reginato, LLC [d/b/a] Village Market, Karina Conceicao, proposed license manager, for transfer of 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 9, 2023, at 6 PM. 12 Communication from Gregory Hudon, Superintendent of Police, dated October 10, 2023, regarding allegations of misconduct charged against El Jefe Taco Bar Inc., d/b/a El Jefe Taco Bar, 203 Cabot Street, Pedro Aguirre, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred Friday, September 22, 2023, and are namely: 1) failure to comply with general conditions for an alcoholic beverages License. 2) failure to display licenses and permits. 13 Communication from the Executive Secretary regarding compliance with regulations by Triumph Motor Works LLC, 16 Stedman Street, Unit 7, Brian Guevara‐White, License Manager, Class II Auto Dealer license. The business has not maintained legal premises in the City of Lowell since July 1, 2022. Adjournment. *

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