License Commission

Lowell License Commission | Meeting Minutes for 2023.12.14 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, December 14, 2023, at 6:00 PM, and by Zoom. Video of this meeting is available: https://youtu.be/d‐7OqYnoh78?si=bvZukhoAI1ZAmCF_ ROLL CALL: On a roll call at 18:01, members present were, namely: Commission Chair Descoteaux, Commissioner Howe, Commissioner Krieger, Commissioner Mercier, and Commissioner Taing. MINUTES: 0 Acceptance of the meeting minutes for November 30, 2023. Commissioner Kreiger noted that the last item on the agenda should read hearing to be scheduled “December 14,” not “November 30.” Commissioner Krieger made a motion to approve the minutes with a corrected date on the last agenda item and place minutes on file for the Lowell License Commission Meeting of Thursday, November 30, 2023; seconded by Commissioner Howe. 5 yeas, APPROVED. 1 Application by Patrick Fitzgibbons, Aramark, for a "Special One Day License to sell/dispense Malt Beverages & Wines" for an Engineering Department event on Thursday, December 14, 2023, from 7 to 9 PM at the Emerging Technologies and Innovation Center at UMass Lowell, 40 University Avenue. Move approval by Commissioner Howe; seconded by Commissioner Krieger. 5 yeas, APPROVED. 2 Petition to Amend an “All Alcoholic Beverages” license operating hours from a 12:00 AM closing time to 1:00 AM by Spiderloom Productions LLC [d/b/a] Taffeta, 122 Western Ave. Unit 162, Sean Gordon, License manager. License Manager, Sean Gordon, appeared before the Commission and explained that the owners want the option of staying open an hour later for select special events. Move approval by Commissioner Krieger; seconded by Commissioner Howe. 5 yeas, APPROVED. 3 Public 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. Attorney Van Le and proposed license manager, Prabhjot Kaur, appeared before the Commission. Mr. Le reviewed Ms. Kaur’s experience in the industry and her other current alcohol license in Sommerville. Commission Chair Descoteaux asked that Captain Peaslee, Lowell Police Department, review Ms. Kaur’s other interest in liquor license for the License Commission. At the hearing, no one spoke in favor or in opposition of the application. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 3 Lowell License Commission | Meeting Minutes for 2023.12.14 Motion to approve, on the condition that there are no complaints against Ms. Kaur’s other interests, by Commission Chair Descoteaux; seconded by Commissioner Krieger. 5 yeas, APPROVED. 4 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. At the hearing held by the License Commission on December 14, 2023, the following individuals appeared before the licensing board: Evangelos Kretikos, Co‐Owner and Managing Partner, for Boston Tonight, LLC Elefterios Kretikos, Alcohol License Manager, for Boston Tonight, LLC Attorney Amanda Flores, for Boston Tonight, LLC Lieutenant Steve Coyle, Sergeant David Lally, Officer Nicole Munera, Officer Dreyson DeMello, and Officer Demetrios Exarhoulakos 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. The first part of the hearing addressed the alleged violations resulting from a Compliance Check of Boston Tonight LLC d/b/a Trend. Attorney Flores provided a response to each of the three primary complaints, which were violations of 1.06, 1.16, and 2.16. Attorney Flores explained the steps that Boston Tonight LLC was enacting to prevent underage drinking, and how they might meet the requirements for 2.16, Cover Charge. The Commission recommended that the establishment no longer permit the game of “Pong” on the premises. Solicitor Wood then had Lt. Coyle, Sgt. Lally, and Officers Munera, DeMello, and Exarhoulakos review their actions and observations of the incident that occurred outside the establishment in the early hours of the morning as the establishment was closing and its patrons were leaving. After hearing the witnesses and reviewing the evidence, the Commission found that the melee outside constituted a violation of Lowell License Commission Regulations 1.12 and voted 5‐0 to suspend the License as described above. Motion made by Commissioner Howe to suspend the Licensee’s All Alcoholic Beverages Restaurant License for two consecutive days, with a third day held in abeyance for six months; seconded by Commissioner Krieger. Motion made by Commission Chair Descoteaux for the two consecutive days to be served on Friday, January 5, and Saturday, January 6, 2024; seconded by Commissioner Mercier. On a roll‐call vote: C. Descoteaux – Y, C. Krieger – Y, C. Howe – Y, C. Mercier – Y, C. Taing – Y. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 3 Lowell License Commission | Meeting Minutes for 2023.12.14 5 Communication from Gregory Hudon, Superintendent of Police, dated November 29, 2023, regarding allegations of misconduct charged against Catcher's Mitt Pub, Inc., 726 Gorham Street, Tracy Flynn, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred on November 22, 2023, and include violations of MA General Law c138 §16 “Changing or Tampering with Alcoholic Beverages,” and §1.06 “Compliance of all Laws and Regulations of the Alcoholic Beverages Regulations for Licenses Issued by the Lowell License Commission. Motion made by Commissioner Mercier to hold a public hearing at the January 11, 2024, meeting of the Lowell License Commission, seconded by Commissioner Taing. 5 yeas, APPROVED. 6 Administrative review of actions taken by El Jefe Taco Bar Inc, 203 Cabot Street, Pedro Aguirre, License Manager, all alcoholic beverages restaurant licensee. To meet the requirements of their violation hearing on November 9, 2023, staff have been recertified through TIPS 360 Training, surveillance systems have been upgraded, and an ID scanner has been installed. Read into the record & acknowledged by License Commission. ADJOURNMENT: Commissioner Howe made a motion to adjourn at 19:02, seconded by Commissioner Krieger. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 3