License Commission

Lowell License Commission | Meeting Minutes for 2023.11.09 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, November 9, 2023, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/opY40xEZBmE?si=1GZaUCtRW2pFs8ya ROLL CALL: On a roll call at 18:00, members present were, namely: Commission Chair Descoteaux, Commissioner Howe, and Commissioner Mercier. Commissioner Krieger and Commissioner Taing were absent. MINUTES: 0 Acceptance of the meeting minutes for October 12, 2023. Commissioner Howe made a motion to approve the minutes and place minutes on file for the Lowell License Commission Meeting of Thursday, October 12, 2023; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 1 Application by Evan Dolecki for a "Special Events Permit for Amplified Outdoor Public Entertainment," for recorded music and announcements, for the 'First Run 5 & 10 K' to be held January 1, 2024, from 9AM to 1PM at Bowlero, 647 Pawtucket Boulevard. Mr. Dolecki reviewed his annual event. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 2 Application by Peter Crewe, City of Lowell Director of Cultural Events, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the 'City of Lights Down‐Home Holiday Concert,' to be held on Saturday, November 25, 2023, from 6 to 10 PM on Palmer Street between Merrimack and Middle. Mr. Crewe described this addition to the annual “City of Lights” event in Downtown Lowell. C. Descoteaux requested that Mr. Mercier (agenda item 3) be brought up to speak as well. Mr. Mercier’s application is for alcohol service at the same event. Mr. Crewe went into detail about the event, performers, Lowell Police involvement, and barriers to control crowds. Mr. Mercier described the “beer garden” area that would be fenced off and how that would be managed. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 3 Application by PJ Mercier, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for the 'City of Lights Down‐Home Holiday Concert,' to be held on Saturday, November 25, 2023, from 6 to 9 PM on Palmer Street between Merrimack and Middle. Move approval by Commissioner Howe; seconded by Commissioner Descoteaux. 2 yeas, 1 present (C. Mercier), 2 absent (C. Krieger, C. Taing), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 4 Application by Chantha Houth, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for her Grandson's First Birthday Party, to be held on Saturday, November 18, 2023, from 6 PM to Midnight at the Hellenic Center, 41 Broadway Street. Ms. Houth spoke about her event, explaining that she invited 125 people and would have 2 bartenders. C. Descoteaux reaffirmed that Ms. Houth was aware that ‘911’ was her first move, should there be any issues at all during her event. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 5 Application by Racheal Walker, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a 40th Birthday Celebration, to be held on Saturday, November 11, 2023, from 6 PM to Midnight at the Hellenic Center, 41 Broadway Street. Ms. Walker appeared before the Commission. She explained that this event was for her 40th Birthday. She noted that she would have about 300 guests and two uncertified bartenders. After a brief discussion, C. Descoteaux asked that LPD stop by the event to make sure that everything is in order. Ms. Walker agreed. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 6 Application by Jeurys Santiago, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for the 'Massachusetts Fashion Week Tour,' to be held on Saturday, November 18, 2023, from 7 to 11 PM at UTEC, 35 Warren Street. Mr. Santiago joined the meeting via Zoom. He explained that he anticipated 150 to 200 and that he would have two TIPS Certified bartenders. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 7 Application by Kah Ndi, for a "Special One Day License to sell/dispense All Alcoholic Beverages," for a Community Fundraiser for Lowell Youth Leadership Program, to be held on Wednesday, November 15, 2023, from 6 to 9 PM at UTEC, 35 Warren Street. Ms. Ndi attended the meeting via Zoom. She reviewed the fundraiser for Lowell Youth Leadership Program. She noted that they expected 200 to 250 attendees and would have at least two TIPS Certified bartenders. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 8 Ratification of applications by Joel Mongeon and Fionna Brennan, for "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for Concerts at Mill No. 5, 250 Jackson Street. Events were on November 3, 4, & 5. Agenda items 8 & 9 were taken together. Motion to ratify by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 9 Applications by Joel Mongeon and Fionna Brennan, for "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for events at Mill No. 5, 250 Jackson Street. The first is a Community Teamwork Benefit on November 9, from 6 to 11 PM. The second is for a Concert on November 18, from 6 to 11 PM. Joel reviewed the events that needed to be ratified and explained that, as usual, they had TIPS Certified bartenders. They also described their upcoming events. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 10 Application by Merrimack Repertory Theatre, Robert McKenzie, for "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for thirteen performances of "A Christmas Carol," and for one "Night of Comedy," at Lowell Memorial Auditorium Liberty Hall, 50 East Merrimack Street. Mr. Robert McKenzie appeared before the Commission. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 11 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for fourteen "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for basketball game concessions at Costello Gym, 261 Riverside Street, on UML North Campus. Mr. Fitzgibbons spoke before the Commission; he described the basketball series for UMass Lowell’s Men’s and Women’s teams, and how they would manage the addition of beer and wine to their concession stands – like how they manage Tsongas Arena. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 12 Application by Alan Kaplan, to hold "18+" College Dance Parties on Thursdays from 10 PM to 2 AM at The Smokehouse Tavern, 98 Middle Street. Alan Kaplan spoke about how business has slowed down on Thursday nights and that they would like to try an 18+ night every week to increase business. Mr. Kaplan spoke about how the alcohol service would be controlled and how they would be preventing persons under 21 years of age from drinking alcohol. He noted that a couple of Lowell Police officers reviewed the plan and the physical set‐up in City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 person – and agreed that it should suffice. Lt. Ray Cormier, who participated in the Lowell Police review of the Smokehouse 18+ plans, spoke before the Commission. He noted that LPD would be keeping a close eye on the events and would update their recommendations as necessary. Mr. Kaplan noted that he was requesting permission to advertise the 18+ nights. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 13 Public Hearing to amend an "All Alcoholic Beverages" Restaurant license for Cafeto Corporation, 1018 Gorham Street. Amendments include "Change of Officers," "Transfer of Stock," and “Change of Manager." Attorney Michael Zaim appeared before the Commission. He explained that the ABCC realized that Cafeto Corp. had failed to disclose some information in their previous application regarding a transfer of stock – and that the new information necessitated a public notice and a full hearing. Mr. Zaim reviewed the amended application. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 14 Public 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. Attorney Jie Tan spoke for Yoi Japanese Bistro. She reviewed the application and applicants, noting that both were TIPS Certified, and that they also own and operate another restaurant. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 15 Public 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. (Taken first.) Attorney Brian Akashian spoke for Reginato LLC. He reviewed the transfer application and the applicants’ background. C. Howe confirmed that the applicant was TIPS Certified and taking steps to ensure they don’t sell to minors. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 16 Request to amend premises description on the "All Alcoholic Beverages" application for New Star MA, [d/b/a] Koto Restaurant, 76 Merrimack Street. Liu Yongui was present via Zoom. He explained that they were amending the premises description on their application to include the second floor, per a request by the ABCC. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 17 Application for Secondhand Motor Vehicles – Used Car Dealer, Class II, for Iron Motors Group Inc., Anderson Santana, President, for premises at 913‐915 Pawtucket Street. Mr. Santana and Mr. Victor Leite appeared before the Commission. They reviewed their plans for the dealership and the location – which has been an auto dealer for many years. They reviewed their years of experience in the industry. They also reviewed the schematics for the lot and noted that they were not requesting more spaces for cars than the previous licensee. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 18 Violation hearing 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. Mr. Guevara‐White appeared before the Commission via Zoom. Assistant City Solicitor Thomas Wood represented the City of Lowell. Solicitor Wood reviewed the issue at hand for the Commission, noting that the licensee did not have a lease or ownership of legal premises in Lowell since June 30, 2022, and that legal premises are required in order for anyone to be licensed as an auto dealer. Therefore, Mr. White was not legally licensed as an auto dealer since June 30, 2022. C. Descoteaux agreed that Mr. White had not met the requirement for maintaining an auto dealer license in the City of Lowell or in Massachusetts. Commissioner Howe found that Mr. Guevara‐White had been in violation of M.G.L. c.140, sections 57 and 69 and made a motion that the license be revoked. C. Mercier seconded the motion. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 19 Application for Secondhand Motor Vehicles – Used Car Dealer, Class II, for Xtreme Auto, Thayna Cruz, President, for premises at 16 Stedman Street, Unit 7. Ms. Thayna Cruz appeared before the Commission, and explained that she was applying for license with the same conditions for the premises as the previous licensee, Mr. Guevara‐White. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 20 Violation hearing 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. Attorney Pete Nicosia spoke on behalf of El Jefe Taco Bar, Inc. Lowell Police Lt. Ray Cormier read the LPD Letter of Complaint into the record. Commission Chair Descoteaux asked if Officer Dreyson DeMille (who wrote the relevant police report) was present, and if he had anything to add to the complaint, to which he stated he did not have anything to add. Attorney Nicosia spoke for the licensee and license manager and stated that they accepted responsibility for serving one underage individual. Mr. Nicosia noted that El Jefe Taco Bar has not had any prior violations since opening approximately three years prior. The Commission voted to suspend the Licensee’s all alcoholic beverages restaurant license for two consecutive days, and to hold this suspension in abeyance for six months to May 9, 2024. The representatives of El Jefe Taco Bar also promised to provide the following: 1. Receipt for an ID checking machine. 2. Receipt for improved security cameras that store recorded footage for 30 days. 3. Proof of TIPS Certification training for all employees handling and managing alcohol Motion by Commissioner Howe for two days suspension held in abeyance for six months, seconded by Commissioner Mercier. On a roll‐call vote: C. Descoteaux – Y; C. Howe – Y; C. Mercier – Y. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 21 Communication from Gregory Hudon, Superintendent of Police, dated November 3, 2023, regarding allegations of misconduct charged against Boston Tonight LLC, d/b/a Trend, 15, 19‐25 Merrimack Street, Lawrence Krietkos, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred on October 13 and 14, 2023, regarding compliance with all laws and regulations. Motion made by Commissioner Mercier to hold a public hearing at the November 30, 2023, meeting of the Lowell License Commission, seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 22 Communication from Gregory Hudon, Superintendent of Police, dated November 6, 2023, regarding allegations of misconduct charged against MBOA Alliance LLC, d/b/a Sahel Restaurant & Lounge, 135 Central Street, Peter Tamajong, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred October 29, 2023, regarding failure to comply with all laws and regulations, including legal hours of operation. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 6 of 7 Lowell License Commission | Meeting Minutes for 2023.11.09 Motion made by Commissioner Mercier to hold a public hearing at the November 30, 2023, meeting of the Lowell License Commission, seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. 23 Request for a hearing for an application by Takeo LLC, [d/b/a] BonChon Restaurant, Victor Vang, license manager, for transfer of an "All Alcoholic Beverages" restaurant license for premises at 1075 Westford Street. It is requested that legal notice be published in local newspaper, and public hearing to be held on November 30, 2023, at 6 PM. Motion made by Commissioner Mercier to hold a public hearing at the November 30, 2023, meeting of the Lowell License Commission, seconded by Commissioner Howe. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. ADJOURNMENT: Commissioner Howe made a motion to adjourn at 18:26, seconded by Commissioner Mercier. 3 yeas, 2 absent (C. Krieger, C. Taing), APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 7 of 7