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License Commission

Regular Meeting

Lowell, MA · December 28, 2023

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Minutes

Lowell License commission I Approved Meeting Minutes for 2023.1.2.2g This meeting was held in city council chambers, second floor, city Hall, 375 Merrimack st. on Thursday, December 28,2023, at 6:OO pM, and by Zoom. Video of th is meeting is available: httos:/ voutu be-c om/live/rVEh9 zZlKcE?si=NA- cil 24cD6AFTa ROLL CATT: On a roll call at 18:00, members present were, namely: Commission Chair Descoteaux, Commissioner Howe, Commissioner Krieger, Commissioner Mercier, and Commissioner Taing. MINUTES: 0 Acceptance ofthe meeting minutes for December 14,2OZ3 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, December 14,2O23; seconded by Commissioner Taint. 5 yeas, AppROVED. 1 Ratification of an application by Merrimack Repertory Theatre, Kate Dyson, for ,'special one Day Licenses to sell/dispense Malt Beverages and Wines only," for seven additional performances ,'A of christmas carol," at Lowell Memorial Auditorium Liberty Hall,50 East Merrimack street. Kate Dyson appeared before the Commission. Move approval by commissioner Mercier; seconded by commissioner Howe. 5 yeas, AppRovED. 2 Application by Brush Art Gallery & Studios, James Dyment, for "special One Day Licenses for Certified Galleries to sell/dispense wines only," for seven artist receptions at 256 Market street. James Dyment explained that he was applying for most of his ricenses for the 2oz4 year. Move approval by commissioner Howe; seconded by commissioner Krieger. 5 yeas, AppRovED. 3 Application by Amanda Etinge, for two "special One Day Licenses to sell/dispense Wines and Malt Beverages only" at the Hellenic Center, 4l Broadway Street for the following: ' Saturday, December 30, 2023, 4PM-1AM for the Muranga people welfare Association. . Saturday, January 20, 2024,7pM-l:3OAM for a Celebration of Life. Amanda Etinge joined the meeting via Zoom. Move approval by commissioner Krieger; seconded by commissioner Howe. 5 yeas, AppRovEo 4 Violation hearing regarding allegations of misconduct charged against Boston Tonight LLC, dlb/a Trend, 15, 19-25 Merrimack Street, Lawrence Kretikos, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred on November 12, 17, and 1g,2023, regarding compliance with all laws and regulations. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 3 I Lowell License Commission I Approved Meeting Minutes for 2023.L2.28 At the hearing held by the License commission on Decemb er 28,2023, the followinS individuals appeared before the licensing board: EvangelosKretikos,Co-OwnerandManagingPartner,forBostonTonight,LLC Attorney Amanda Flores, for Boston Toni8ht, LLC Sergeant David Lally of the Lowell Police Department Captain Peaslee of the Lowell Police Department captain Peaslee read superintendent Gregory Hudon's request for the hearing into the record. Police The Commission noted that these two alleged violations occurred at least a month after a Compliance Check in October at Boston Tonight LLC had brought the same two issues to light (violation Hearing on 72ll4l.Ihe com mission further noted th at, because the hearing for the October violations took place after these two new violations, the outcome of the revious violation p violations. !g3!ng would not be considered at the current hearing for the two new Attorney Flores addressed each of the two allegations of violations in November. Regarding "water pon&" Ms. Flores noted that the licensee believed, at the time, that he was following the regulations alcohol by keeping the game separate from alcohol consumption. The officers had not noted any consumption in the area of game play. lt wasn't until City Solicitor Wood and the License Commission clarified the matter for the licensee at the violation hearing on 12/14 that the licensee understood he was not to permit "water pong" at all. The clarification occurred after the November violations. Ms. Flores addressed the "cover charge" issue separately, notinS that the licensee wasn't sure why the cover charge wasn't posted, and provided some possible explanation, but no definitive reason. License Commission stated that the licensee had been told the regulations during the first compliance on the check on October 13, and had presented no valid reason for not following the regulation subsequent visit on November 12. Lowell Police noted that the licensee did have the cover charge posted during their compliance check on November 17. After hearing the witnesses and reviewing the evidence, the Commission found that the failure to post cover charge on November 12, constituted a violation of Lowell License Commission Regulation 2.16 and voted 5-O to suspend the Licensee's all alcoholic beverages restaurant license for one day, to be served on January 1-gth,2024, because this occurred after a warning. Motion made by commissioner Krieger to suspend the Licensee's All Alcoholic Beverates Restaurant License for one day; seconded by Commission Chair Descoteaux. Motion made by Commission Chair Descoteaux for the day to be served on Friday, January 19. On a roll-call vote: C. Descoteaux - Y, C. Krieter - Y, C. Howe - N, C. Mercier - Y, C. Taing - Y. [4 in favor, 1 opposed] APPROVED. Commissioner Krieger made a motion, a Point of Personal Privilege, to thank Commission Chair Descoteaux for his decade of service to License Commission, which is ending as Councilor-Elect Descoteaux joins the Lowell City Council. Commissioners Howe and Krieger expressed their Sratitude City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 3 Lowell License Commission I Approved Meeting N4inutes for 7023.1,2.28 guidance, and efficiency in running for John Descoteaux's commitment, kindness, generosity of spirit, the License Commission. for the support and many years of service commission chair Descoteaux expressed his appreciation fromCommissionersKriegerandHowe,andhi5appreciationforneWCommissionersMercierand Taing,whojoinedthecommissionthisyear.Mr.Descoteauxalsoexpressedhisappreciationto professional work ethic and preparation in captain Peaslee ofthe Lowell Police Department for his the service of the License Commission' ADJOURNMENT: Howe. 5 yeas, co-r1,',i*..n", xrieger made a motion to adjourn at 1g:24, seconded by commissioner APPROVEO Submitted bY: John PYers Executive Secretory >i< Page 3 of 3 Clty of Lowell Llcense Commission | 375 Merrimack St Lowell, MA 01852 December 28, 2023, Meeting of the Lowell License Com m ission Draft Transcript CommissionerDescoteaux oo 13 ft t,ail Good evening and welcome to the December 28th Meeting of the Lowell license commission Secretary Pyers was meeting posted? Secretary Pyers 00 '1 8 It was Commissioner Descoteaux 00. 1 9 Roll-call, please. Secretary Pyers 00 20 Commission Chair Descoteaux. Commissioner Descoteaux 00.22 Here. Secretary Pyers 00 23 Commissioner Howe Commissioner Howe 00 24 Here. Secretary Pyers 00 25 Commissioner Krieger Commissioner Krieger 00 26 Here. Secretary Pyers 00 27 Commissioner Mercier. Commissioner Mercier 00 28 Here Secretary Pyers 00 29 Commissioner Taing. Commissioner Taing 00 30 Here -1 December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Secretary Pyers 00:3'1 Five present no absent. Zeroth is the acceptance of the December 14,2023, minutes Commissioner Descoteaux 00.36 Move approval by Commissioner Krieger seconded by Commissioner Taing. All in favor signity by saying Aye. Any opposed? motion carries thank you. Number one on the agenda please. Secretary Pyers 00.44 Ratification of an application by Merrimack Repertory Theatre, Kate Dyson, for "special One Day Licenses to sell/dispense Malt Beverages and Wines only," for seven additional performances of "A christmas carol," at Lowell Memorial Auditorium Liberty Hall, 50 East Merrimack Street. Commissioner Descoteaux 01 :01 Motion on the floor by Commissioner Mercier to ratiry seconded by Commissioner Howe. All in favor signify by saying aye. Aye opposed motion canies. Next please. Secretary Pyers 01.11 Application by Brush Art Gallery & Studios, James Dyment, for "special One Day Licenses for Certified Galleries to sell/dispense Wines only," for seven artist receptions at 256 Market Street. Commissioner Descoteaux 01 .25 Good evening, state your name for the record, sir. James Dyment 01 .27 Hi, Jim Dyment Commissioner Descoteaux 0'1 28 How are you, Jim? James Dyment 01.29 doing well, thanks. Commissioner Descoteaux 01.30 I haven't seen you in a while. James Dyment 01.31 Yeah, I try to just make it once a year 2 December 28,2023, Meeting of the Lowell License Com m ission Draft Transcript Commissioner Descoteaux 01 33 That's a very smart move. Alright, so you have seven events, right? James Dyment 01 .41 Yep. Commissioner Descoteaux 01 .41 Okay. Jim has been before us quite a few times. Any questions or comments for him? Commissioner Howe 01 47 Move approval. Commissioner Descoteaux 01.47 Move approval by Commissioner Howe, seconded by Commissioner Krieger. All in favor signify by saying 'aye. Any opposed? motion canies. Thank you. James Oyment 01r55 Thank you very much. Commissioner Descoteaux 01 56 Take care of yourself. Secretary Pyers 01 .59 Application by Amanda Etinge, for two "special One Day Licenses to sell/dispense Wines and Malt Beverages only" at the Hellenic Center,41 Broadway Street for the following: . Saturday, December 30, 2023, 4PM-1AM for the Muranga People Welfare Association. . Saturday, January 20, 2024,7PM-1 :30AM for a Celebration of Life. Amanda is joining us on Zoom Commissioner Descoteaux 02 27 Hi Amanda. Amanda, did you mute yourself? Amanda Etinge 02 37 Merry Christmas. Commissioner Descoteaux 02 39 Merry Christmas. Happy New Year Amanda Etinge 02.41 And to you. 2 December 28, 2023, Meeting of the Lowell License Com m ission Draft Transcript Commissioner Descoteaux 02 43 You're one of my favorite applicants, Amanda, l'm gonna miss you Amanda Etinge 02 48 \Men are you going? Commissioner Descoteaux 02 50 on to bigger and better things? Well, some may say some may say not Commissioner Krieger 02 54 More money Commissioner Descoteaux 02 55 more. Yeah, right. That's it. This will be my last meeting. But Captain Peaslee No Captain David Peaslee 03 02 No, no issues with them at all. Commissioner Descoteaux 03 03 Good for her. Good for her. Amanda. You're gonna get me one of those things l'm gonna wear on my head from now on. Amanda Etinge 03 1 3 l'm coming to see you. Commissioner Descoteaux 03 14 Your questions or comments. Commissioner Krieger? Amanda Etinge 03 22 Thank you. Commissioner Krieger 03.24 Who are the Muranga people? I'm showing my ignorance here. l'm sure my ignorance who are the Muranga people. Amanda Etinge 03 32 The Muranga people are a group of people from Africa. What is just like us we call ourself Cameroonians. Yes. And in Cameroon, we have another subgroup called like the Bamileke. So it's a tribe. 4 December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Commissioner Krieger 03 46 Okay. Yeah. Right. So you're from Bamum? Amanda Etinge 03.53 I'm from Bamum. Okay. Commissioner Krieger 03 57 Very good. move approval move Amanda Etinge 03 59 See you John. See you soon. All right. Bye bye now Commissioner Descoteaux 03.59 Move approval by Commissioner Krieger seconded by Commissioner Horive. All in favor signify by saying 'aye. Any opposed? Amanda, be well and happy new year to you. Secretary Pyers 04. 12 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 November 12, 17, and 18, 2023, regarding compliance with all laws and regulations. Commissioner Descoteaux 04.37 Good evening, Councilor. How are you? Attorney Amanda Flores 04 39 Good evening, commissioners. Commissioner Descoteaux 04 40 Vvhat's the thing? Go? Beautiful. Attorney Amanda Flores 04.42 Good evening. Attorney Amanda Flores. On behalf of Boston tonight LLC. I did just text my client and he is inside the building. So we should be up in the next 30 seconds. Commissioner Descoteaux 04.51 Fine. That's fine. That's fine. \Mat we'll do is in the meantime, gonna have captain peaslee read the complaints so you can be a little bit late. All right. So we have three different dates here Captain, correct? -5- December 28, 2023, Meeting of the Lowell License Com m ission Draft Transcript Captain David Peaslee 05 03 That's correct Commissioner Descoteaux 05 03 Correct. Okay, water are you good? Captain David Peaslee 05 06 Um, l'm good. We're gonna miss you. The Lowell police department respectfully request that enforcement action be taken against Boston tonight LLC, which does business as trend at night club located at 1925 Merrimack Street for the violations that took place in the early morning hours of November 12 2023, as well as November'17, during the late evening hours and early morning hours of November 1 8. Specifically, violation of cover charge 2. 16. No licensee shall require any person to pay a minimum cover or cover charge unless a sign is conspicuously posted at every entrance to the area with a cover charge as required said cover charge can only be charged upon a written or printed receipt permanently recorded and numbered and presented to each customer group of customers. Additionally, they violated compliance with all laws and regulations. Which states licensee shall maintain the premises and operations of full compliance with all local and state and federal laws including but not limited to fire codes, building codes, city bylaws and the alcohol registry regulations. And the early morning hours of November 12 2023, at approximately 107 officers assigned to the local police vice narcotics unit complete conducted a compliance check of trend on located 1925 Merrimack Street, which is a license permits as previously stated by Sergeant David Lally had the opportunity to speak with the doorman bouncer who was positioned at the front door the employee identified himself as Scott biller During this conversation Sergeant rally found that the bar was charging or cover charge who entered the bar Sergeant Lally as well as Detective rejean jr. did not observe any posted signs at the entrance doors informing patrons of this cover charge. Additionally, both offices noted that the buyer was nol handing out the required printed receipts to the patrons who paid to cover charge. Again, this cover charge matters a violation of Section 2.1 6 should be noted that approximately four weeks prior on October 13 2023, which the commission heard two weeks ago during similar compliance check vice Lieutenant Steve Coyle observed the exact same cover charge violation. Lieutenant coil at that time brought this violation to the attention of bar manager Evan crud tacos and he was instructed to take corrective action is apparent based upon this new violation that the trench management has completely disregarded the rules and regulations established in the alcohol beverage regulation for licensees issued by this little license commission digitally on the late evening hours of November '17 and early morning of November 18. At approximalely 1215 offices again assigned to the Vice not clerks union conducted yet another compliance check oftrend while conducting the walhhrough ofthe premises detective Thomas fee and observed that the establishment had set up two tables in front of the main bat arca with red solo cups. placed in a triangle formation. He immediately recognized this game the popular drinking game called beer pong. And it was something that he remembered that the Vice unit had previously addressed with the management of trend detective fee and then brought this -6- December 28,2023, Meeting of the Lowell License Commission Draft Transcript matter to the attention of a female on the premises named Rachel Hollis, who stated that she was the lead bartender for the evening detective fee an advisor that the encouraging or permitting of any game or contest that involves alcohol, beverages, beverages is a violation, mass CMR two Oh 4.6 section 4.03 and therefore is a violation of the section '1.06 which I referenced above. Again, proximately four weeks prior, it was brought to the attention of the commission two weeks ago during a similar compliance shake check. Lieutenant Steve Coyle observed the exact same gaming violations. Again at that time Lieutenant Colonel brought this violalion to the attention of the bar manager Evan could tacos and he was instructed again to take corrective action. This was the second weekend in a row that the Vice unit compliance check has uncovered previously documented violations. lt is again apparent based upon this new violation that trends management has completely disregarded the rules and regulations established in the alcohol beverage rate regulations for licensees issued by the little license commission. And I think it's important to point out at the last meeting city solicitor would reference the case from the Alcohol Beverage Control Commission dated January 27 2017. That recognizes that red solo cups filled with water set up in a triangle formation is in fact consistent with the game beer pong, and they found that bar at that time to be in violation of the gaming rules regulations. For that reason, Superintendent eudon request to bring this matter forward to you. Commissioner Descoteaux 09 22 Thank you, Captain Peaslee. Well, thank God there was no melee, but it sounds like Groundhog Day here a little bit. l'm sorry. lt sounds like Groundhog Day a little bit. Attorney Amanda Flores 09 34 You know, just for the record. And I know obviously the these issues were discussed at the last hearing. You know, with respect to the cover charge allegation, no posted signs that has absolutely been conected. There are posted signs i i and my client can't speak to whal specifically happened that day but he had as soon as he had discussed with the officers the first time printed posted signs and also created a receipt system, so we don't know what happened that speciflc instance, but it will not happen again. Also, the superintendents report says that no receipts were observed by the police officers, but the narrative does not say that it actually only references the coverage charge posting. So we are a little confused because we certainly were giving receipts out that day. Commissioner Descoteaux 10 23 So did your client tell... l'm sorry, is it Detective Lally? I don't want - Sergeant that the sign was up and he didn't know where it went that night or what was the maybe you can help us help us Sergeant. I don't know what your conversation was with Mr. Kretikos. Yeah, please, if you don't mind? Yes, thank you. I appreciate that. So he said, you asked him where the sign was and what was his answer? 1 December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Sergeant David Lally 10:52 The first night back on October, I believe, was 14th - compliance checks - no sign, we explained it was a violation. Sure. Came back the 12th, there was no sign. Signs were up on the 18th. There were signs up. Commissioner Descoteaux 1 1.04 On the 18th. Okay. Thanks for clarifying that. Thank you. Thanks, Counselor. Attorney Amanda Flores 1 1 .09 Thank you. And then with respect to the water Pong issue, you know, obviously at last hearing, the license commission made a recommendation and that is being followed by my client and he is no longer having water Pong as an available option at the bar. Commissioner Descoteaux 1 1:27 okay. l'll open up the floor to any of the commissioners for questions. commissioner Krieger. Commissioner Krieger 1 '1 .35 The thing that concerns me is an apparent inability to learn. l've made mistakes in my life. l've made serious mistakes. I almost flew into the side of a valley one day ducking under the clouds. Yeah, l'm never doing that again. But is your client able to learn? Attorney Amanda Flores 12 0'1 So Commissioner Krieger? I mean, that is a very good point. And I think if we were having this conversation for an incident that occurred following the last hearing, it would, you know, certainly I would take my client, you know, would have to answer to that point. Unfortunately, with respect to the water pong, specifically, he believed he was in compliance with the laws. And, you know, the cases that we had found with respect to segregating alcohol. lf you note in the police narrative as well, on this instance, there's no observation that the people actually participating in the water Pong, were holding beer bottles, or consuming alcohol while they were playing just the observation of the cups on the table. And to our, you know, position that that was the critical difference between being in compliance with what the ABCC regulations are- permit- versus not. But we absolutely agree if the license commission in Lowell does not believe any sort of water Pong should be played, it will not be played. Commissioner Krieger 1 3:04 I was more concerned about the covered charge, not having the signs. Just careless, has seemed to lack insight. Attorney Amanda Flores 131I So I think that the sergeant's point that my client has since been ensuring that the signs are posted when the cover charge is collected. So he has learned his lesson. 8 December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Commissioner Descoteaux 13 32 Captain Peaslee since November 18, have we gone into Trend at all? Captain David Peaslee 1 3 37 No, we haven't. Commissioner Descoteaux 3 38 '1 Okay. Captain David Peaslee 13 38 We plan on doing that this winter Commissioner Descoteaux 13 40 I don't know how long it takes to park outside, but he's still not here, so l'll commission Attorney Amanda Flores 1 3 48 Commission. l'm sorry. I did. EYan Kretikos 13 53 Amanda, sorry. \Men I said I was gonna miss you. Attorney Amanda Flores 1 3,55 l'm sorry. I did. I did let him know to join via zoom, because you were movrng pretty quickly. He had let me know he was gorng to be late. So he must have joined. Mr. Commissioner Descoteaux 14 05 Mr. Kretikos. Okay. l'm going to ask you one question. That's all l'm gonna ask. Okay. Sure. You know, the rules and regulations of the Lowell license commission. Evan Kretikos 14.22 Yes. There was a mishap when officer came in the other night, I believe he had probably come in before we had even started charging. And that's most likely what he's referring to. But yeah, when it comes to the laws, like, you know, Lawrence didn't do the greatest with transitioning to me, but over the timeftame of running the business over the last few years. You know, I have, whether whether I wanted to in the beginning or not, I learned as much as possible. Yes. Commissioner Descoteaux 14 50 All right. My only reason for asking that is this is my last meeting with the Commission. And I wanted to be on the record that if you do ever come in front of this Board again, I've asked lhat question, that you -9- December 28, 2023, Meeting of the Lowell License Commission Draft Transcript know the rules and the regulations of the Lowell License Commission. So I appreciate you give me an answer. And anybody else have any questions? Commissioner Howe, Commissioner Howe 15 15 No questions. Commissioner Descoteaux 15 17 What is the wish of the body? Commissioner Howe 1 5.20 public hearing? No, Commissioner Descoteaux 15 22 No, it's not public. Mr Commissioner Krieger Commissioner Krieger 15 26 Well, there was a day in abeyance, which lthink the abeyance should be revoked. But in addition. Commissioner Descoteaux 1 5.35 Hold on one second. We cannot do that, for the fact that the - it occuned - prior to the next event, so that six months later, they would then it doesn't apply at that point. Commissioner Krieger 15 55 Okay, all right. Well, like Commissioner Descoteaux 15 57 Now if it happened today, Commissioner Krieger, then then we can pull back the abeyance. But as of now, because of when it occurred. We couldn't do that. Commissioner Krieger 1 6. 1 0 l'm concerned about the inability to learn. And I think that we need to drive that point home with a several day suspension. Over weekend, Friday, Saturday. Commissioner Descoteaux 16 28 Commissioner Krieger has made a motion to suspend for two days, does Commissioner Krieger have a second? Commissioner Descoteaux 16 40 With all with all due respect to my colleague, I would ask him if he wouldn't mind if it'd be one day rather than two days. -10- December 28,2023, Meeting of the Lowell License Commission Draft Transcript Commissioner Krieger 16 52 On the weekend, yep. One day is fine Commissioner Descoteaux 16 55 Would you second that? That's actually a motion didn't get a second. So you made another motion? I'll second the motion. Commissioner Howe 17 15 Discussion on the motion? Commissioner Descoteaux 17'16 Yes. discussion on the motion? I apologize. Go ahead. Commissioner Howe 17 19 So two weeks ago, you were here before us, again, not relevant to what's going on tonight. The violations here. lt is concerning that they happened four weeks after the police were there for compliance checks. But they were also looking for minors drinking alcohol and they did not find any. There also, was no melee where police officers were injured. So l'm going to vote no on suspension to serve. lwould vote yes for suspension to be held in abeyance. That's my speech on the motion. Okay. Commissioner Descoteaux 18 04 We would need a roll call on the motion that was seconded. John Secretary Pyers 8 1 1 '1 The motion for one day. Commissioner Descoteaux 18 13 will be one day Okay Roll call vote. Secretary Pyers I 7'1 1 Commissioner Dakota? Commissioner Descoteaux 18 18 Yes Secretary Pyers 8.19 '1 Commissioner Mercier. -11 - December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Commissioner Mercier 18:21 Yes. Secretary Pyets 18 22 Commissioner Howe? Commissioner Howe 18.23 No. Secretary Pyers 18 24 Commissioner Krieger? Commissioner Krieger 18 25 Yes. Secretary Pyers 1 8.26 Commissioner Taing Commissioner Taing 18 27 Yes. Secretary Pyers 18 29 That's four in favor. One opposed. motion canies Commissioner Descoteaux 1 8.33 Commissioner Krieger, You were the maker of the motion. The date is December 28th. Vvhen were the two dates that the applicant was going to serve the two day suspension? Aftorney Amanda Flores 18 46 The fifth and sixth. Commissioner Krieger 18 52 I'd kick it down two weeks Commissioner Descoteaux 8 58 '1 Let's do January 19. On a Friday. Anybody? Everybody all right with that date? Commissioner Mercier, Commissioner Taing. I'm gonna be that Commissioner Krieger good counsel, you've done you've done a very good job. I wtll say that two been very professional here. And you've done your your client well. -12- December 28, 2023, Meeting of the Lowell License Commission Draft Transcript Attorney Amanda Florcs 19.22 Well, you'll be missed. Certainly. Good luck. Commissioner Descoteaux 1 9126 You can't wait to get me off here. All right. Thank you, Mr. Kretikos, you're all set, I wish you the best of luck in the future. Evan Kretikos 19:34 Thank you guys. Appreciate it so much. And just just to I just need to say it's like l'm more than willing to learn as much as possible to kind of go back to the thing that the gentleman said, I just Commissioner Descoteaux 9 51 '1 You're on the clock. Evan Kretikos 19.53 Sorry. Commissioner Descoteaux 19 54 You're all set. l'm good. Aftorney Amanda Flores 1 9:56 Happy New Year. Commissioner Descoteaux 20r0'1 I do not see anything else on the agenda. But I've seen two people in the in the back door. Just waiting for what? Oh, just waiting for John. Okay. All right Commissioner Krieger 20. 1 0 Point of personal privilege here, since you're leaving. And I think we've served the longest together. I want to thank you for the personal experience and the personal insight and wisdom that you've brought to the Commission as Chairman. Commissioner Descoteaux 20 29 I appreciate that. Commissioner Krieger 20 30 And I now yield to Commissioner Howe. - 13 - December 28,2023, Meeting of the Lowell License Com m ission Draft Transcript Commissioner Howe 20 36 Thank you, first of all, congratulations on being elected to the City Council. lt's the council's gain and our loss. But when I think of your tenure here, I think of one word, and the word is grateful. l'm sure we're all grateful for the wealth of knowledge that you've given us. \Nhether it's public hearings, avcc Robert's Rules, you have to throw that in. We're also very grateful for the speed and agility that you orchestrate these meetings. You know, time is money, and time ts valuable to people. And we can only hope that your skill in doing that will translate over to the city council. And finally, l'm grateful for the respect and the kindness that you show every single person that comes before this commission You will be missed. And we wish you the best. Commissioner Descoteaux 21 37 Thank you very much. Commissioner Howe 21.40 Cliff. This is cliffs idea. Little parting gift. Commissioner Descoteaux 21 .44 ls this what the ABCC or... l'll open it up after I go. I have to open it now? Okay, Commissioner Krieger 21 53 now this is more of us. Yes. You've never had to use his instrument. Oh, Commissioner Descoteaux 22 02 Oh that's touching. Thank you. Thank you very much. That is That is awesome. That's perfect. That's actually perfect. I appreciate it. You know what, it has been an honor and a privilege to be been on this board for 10 years and it kind of flew by as Cliff said, I think Cliff - me and Cliff are four months apart; Cliff came on before us. And that's when we were three panel commission. Right. And 0 Brian Akashian, led the lead the group. And then we decided to go to five, five individuals. And think we're five was Martha, Joe Donahue. And my dear, dear friend, Terry Mccarthy. I haven't had a lot of time to spend with Commissioner Mercier and Commissioner Taing. But both of you, I appreciate your time, your effort and what you're giving to the City. lt's been rt's been it's been fun. l've always come here to try to bring a little bit lability and but knowing the rules and the regulatrons and trying to give the people you know, the breaks when they deserved it. lthink lthink owning a bar in my past 25 years lthink gave me a little bit of insight and how things should be done and how things should not be done. l'd like to thank the Lowell police department, especially you, Dave, Captain Peaslee, you've been professional and always do your homework, and I really appreciate that. And pass that on to the superintendent for me, if you don't mind. Think that's just about it. I want to thank everybody again, and l'll see everybody on the City Council. Thank you. -14- December 28, 2023, Meeting of the Lowell License C om m tsston Draft Transcript Commissioner Ktieger 22. 1 6 Yeah, you'll be in trouble there. Commissioner Descoteaux 24:05 (6: Z'l) Yeah, I might have somebody might use this on me. Motion by Commissioner Krieger. Seconded by Commissioner Howe to adjourn All in favor signify by saying aye. Aye. Ladies and gentlemen. Have a good night. - 15 -

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 December 26, 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, December 28, 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: 821 6286 4123 Passcode: 592365. John Pyers, Executive Secretary 0 Acceptance of the meeting minutes for December 14, 2023. 1 Ratification of an application by Merrimack Repertory Theatre, Kate Dyson, for "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for seven additional performances of "A Christmas Carol," at Lowell Memorial Auditorium Liberty Hall, 50 East Merrimack Street. 2 Application by Brush Art Gallery & Studios, James Dyment, for "Special One Day Licenses for Certified Galleries to sell/dispense Wines only," for seven artist receptions at 256 Market Street. 3 Application by Amanda Étinge, for two "Special One Day Licenses to sell/dispense Wines and Malt Beverages only" at the Hellenic Center, 41 Broadway Street for the following: • Saturday, December 30, 2023, 4PM‐1AM for the Muranga People Welfare Association. • Saturday, January 20, 2024, 7PM‐1:30AM for a Celebration of Life. 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 November 12, 17, and 18, 2023, regarding compliance with all laws and regulations. Adjournment. *

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