License Commission

Lowell License Commission | Meeting Minutes for 2023.11.30 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, November 30, 2023, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/79ZjjscuFEk?si=tvv_EvdFEAN1u0CJ ROLL CALL: On a roll call at 18:00, members present were, namely: Commission Chair Descoteaux, Commissioner Howe, Commissioner Mercier, and Commissioner Krieger. Commissioner Taing was absent. MINUTES: 0 Acceptance of the meeting minutes for November 9, 2023. Commissioner Howe made a motion to approve the minutes and place minutes on file for the Lowell License Commission Meeting of Thursday, November 9, 2023; seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. Motion made by Commissioner Krieger to take agenda item number 8 out of order; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 8 Violation hearing regarding allegations of misconduct charged against Boston Tonight LLC, d/b/a Trend, 15, 19‐25 Merrimack Street, Lawrence Kretikos, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred on October 13 and 14, 2023, regarding compliance with all laws and regulations. Attorney Amanda Flores was present to speak for Boston Tonight, LLC and Mr. Kretikos. Ms. Flores informed the Commission that Mr. Kretikos had contracted COVID in the last couple of days. She provided a letter from his healthcare provider and requested a continuance, which the License Commission granted. Motion by Commissioner Krieger to reschedule the hearing for December 14, 2023; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Taing), APPROVED. 1 Ratification of an application by Andrew Matteo for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Baptism held on Sunday, November 26, 2023, from 2 to 7 PM at the Holy Trinity Greek Orthodox Church, 62 Lewis Street. Andrew Matteo appeared before the Commission via Zoom. Mr. Matteo spoke about his event and agreed that he would submit future applications early. Motion to ratify by Commissioner Descoteaux; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 2 Application by Ellen Casazza for a "Special One Day License to sell/dispense Malt Beverages & Wines" for the "Corrupted Landscapes" artist's reception on Saturday December 2, 2023, from 5:30 to 8:30 PM at Curation 250, 250 Jackson Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 5 Lowell License Commission | Meeting Minutes for 2023.11.30 Ellen Casazza described her event, a solo artist reception. She verbally amended her application so that her event would end at 7:30 instead of 8:30, as written on her application. Move approval by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 3 Application by Amanda Étinge, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a NE Veteran Christmas Party on Saturday, December 9, 2023, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. Amanda Étinge joined the meeting via Zoom. She spoke about the social event she was planning, the guests and her TIPS Certified bartenders. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Taing), APPROVED. 4 Application by Brendalis Cabrera for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Parrandon Naviendo on Saturday, December 2, 2023, from 5PM to Midnight at the Hellenic Center, 41 Broadway Street. Brendalis Cabrera appeared before the commission. She described her event and anticipated 300 guests. At Commission Chair Descoteaux’s inquiry, she confirmed she would have three TIPS Certified bartenders. Captain Peaslee confirmed for C. Descoteaux that the capacity of the venue was around 300. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. 5 Applications by Scott Gaudette, for two "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for events on December 2nd & 3rd from 6 to 11 PM at Mill No. 5, 250 Jackson Street. Scott Gaudette spoke about the Holiday Plays his organization is putting on. He estimated 50‐75 attendees each night and stated he would have one or two TIPS Certified bartenders each night. Move approval by Commissioner Krieger; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Taing), APPROVED. 6 Application by Joel Mongeon, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a Holiday Concert on Saturday, December 16, 2023, from 6 to 11 PM at Mill No. 5, 250 Jackson Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 5 Lowell License Commission | Meeting Minutes for 2023.11.30 Joel Mongeon appeared before the Commission. Captain Peaslee confirmed for Commission Chair Descoteaux that Lowell Police Department has had no issues with any events held at the venue. Move approval by Commissioner Mercier; seconded by Commissioner Howe. 4 yeas, 1 absent (C. Taing), APPROVED. 7 Public 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. Victor Vang appeared in person before the Commission. Commissioner Howe thanked him for this, his third appearance before the Commission to handle this transaction. At the public hearing, no one spoke in favor of or in opposition to granting the license. Motion made by Commissioner Howe to approve the transfer; seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. 9 Violation hearing 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. At the hearing the following individuals appeared before the licensing board: Peter Tamajong, Alcohol License Manager for MBOA Alliance LLC, Officer Poitras and Officer Mawn of the Lowell Police Department. Captain Peaslee of the Lowell Police Department, and Assistant City Solicitor Thomas Wood. Captain Peaslee read Superintendent Gregory Hudon’s request for the hearing into the record. MBOA Alliance LLC co‐owner and Alcohol License Manager, Peter Tamajong, corroborated the incident as outlined in the police complaint, agreeing that persons were on site after closing time (02:00 AM) and were consuming alcohol after closing time. Mr. Tamajong provided his account of the evening. Officer Poitras confirmed that he was dispatched to the address because of a noise disturbance – loud music at 03:45 AM. He confirmed for the Commission that the DJ was performing when he arrived, and that the DJ stopped as officers entered the basement lounge area. The officer also confirmed that alcoholic beverages were on tables and in hands as the officers walked into the lounge. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 5 Lowell License Commission | Meeting Minutes for 2023.11.30 The Commission found that the failure to remove all patrons between 1:30 and 2:00 AM, and the failure to remove all open alcohol during this time constitutes a violation of Lowell License Commission Regulations 2.01, 2.14, and 1.06. The License Commission further determined that the Licensee was providing entertainment outside of legal hours [Regulation 2.03]. The Commission noted that the Licensee appeared before the Commission on April 13, 2023, for a hearing on violations that occurred on February 26, 2023, of some of the same Regulations, particularly Regulation 2.01. The Commissioners reviewed some of the transcript of the April 13 hearing. At that prior hearing, the license manager stated to the Commission that 1) he understood Regulation 2.01, 2) that they would follow the regulations, and 3) “this will not happen again.” Motion made by Commissioner Howe to suspend the Licensee’s All Alcoholic Beverages Restaurant License for two consecutive days, to be served on Thursday, December 28 and Friday, December 29, 2023. Seconded by Commissioner Krieger. On a roll‐call vote: C. Descoteaux – Y, C. Krieger – Y, C. Howe – Y, C. Mercier – Y, C. Taing – Absent. 10 Communications from Gregory Hudon, Superintendent of Police, dated November 14 and 21, 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 November 12, 17, and 18, 2023, and include failure to post a cover charge and encouraging or allowing games that involve alcoholic beverages. It is requested that a violation hearing be held on December 14, 2023, at 6 PM. Motion made by Commissioner Mercier to hold a public hearing at the December 28, 2023, meeting of the Lowell License Commission, seconded by Commissioner Howe. 4 yeas, 1 absent (C. Taing), APPROVED. 11 Request for a hearing for an application by Ambersi Inc [d/b/a] Indian Pizzeria, Kaur Prabhjot, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 1717 Middlesex Street, Unit 3. It is requested that legal notice be published in the local newspaper, and public hearing to be held on December 14, 2023, at 6 PM. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 5 Lowell License Commission | Meeting Minutes for 2023.11.30 Motion made by Commissioner Mercier to hold a public hearing at the December 14, 2023, meeting of the Lowell License Commission, seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:36, seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 5