License Commission

Lowell License Commission | Meeting Minutes for 2024.01.11 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, January 11, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/8sqiZqnss1c?si=GlBOfvI0bp7AN6K7 ROLL CALL: On a roll call at 18:00, members present were, namely: Commission Chair Howe, Commissioner Krieger, Commissioner Donahue, Commissioner Mercier, and Commissioner Taing. MINUTES: 0 Acceptance of the meeting minutes for December 28, 2023. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, December 28, 2023; seconded by Commissioner Taing. 4 yeas, 1 present (C. Donahue), APPROVED. 1 Application by Suzanne Hodge, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for an "Affirmation of Life: Art from Today's Ukraine" fundraiser on Wednesday, February 14, 2024, from 6 to 8 PM at the Loading Dock Gallery, 122 Western Avenue. Ms. Hodge reviewed her event and noted that she expected 100 to 200 attendees. Commission Chair Howe asked if she had TIPS Certified bartenders, to which she could not say. Ms. Hodge noted that she has held similar license before. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 2 Application by Peter Crewe, City of Lowell Director of Cultural Events, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for 'Lowell WinterFest,' to be held on Friday and Saturday, February 16, 5-10PM, & February 17, Noon-10PM, on Middle Street and Palmer Street in Downtown Lowell. Director Crewe spoke about the City of Lowell’s upcoming annual WinterFest, noting that it’s moving back downtown this year. Commissioner Krieger asked for clarification on the location, which Mr. Crewe provided. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 3 Application by PJ Mercier, for two "Special One Day License to sell/dispense Wines and Malt Beverages only," for 'Lowell WinterFest,' to be held on Friday and Saturday, February 16, 5- 10PM, & February 17, Noon-10PM in City of Lowell Derby Park, 70 Middle Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 4 Lowell License Commission | Meeting Minutes for 2024.01.11 Mr. Mercier noted that his business is partnering with the City of Lowell on WinterFest, and explained that he planned a beer tent on City Park grounds adjacent to the main festival. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 4 yeas, 1 recusal (C. Mercier), APPROVED. 4 Application by Fionna Brennan, for two "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," at Mill No. 5, 250 Jackson Street. The first is for a Market Events and Concert on Saturday, January 20, 2024, from Noon to 11 PM. The second is for a Concert on Saturday, January 27, 2024, from 6 to 11 PM. Ms. Brennan joined the meeting via Zoom. She noted that she’s been working with Joel Mongeon of Mill No. 5 for several months, and confirmed she has held this event alcohol license previously. Commissioner Howe asked about the attendees and bartenders – and Ms. Brennan noted that they expected about 50 people at each event, and that all the bartenders are TIPS Certified. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. 5 Applications by Lou Aurelio for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held at Lowell Memorial Auditorium, 50 E. Merrimack Street, on: • Sunday, January 21, 2024, 5PM-Midnight for "Bored Teachers," the musical. • Saturday, January 27, 2024, Noon-10PM for "Turn it Up" Dance. Mr. Aurelio spoke about the two events and explained that all his bartenders are TIPS Certified and used to handling the quantities of people who attend Lowell Memorial Auditorium events. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. 6 Application by Steve Syverson, for a "Special One Day License to sell/dispense Wines only," for the "Abstraction" artist reception on Saturday, January 20, 2024, from 3 to 5 PM at Arts League of Lowell, 307 Market Street. Mr. Syverson briefly described his upcoming reception at the Arts League of Lowell. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 7 Violation hearing 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 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 4 Lowell License Commission | Meeting Minutes for 2024.01.11 “Compliance of all Laws and Regulations of the Alcoholic Beverages Regulations for Licenses Issued by the Lowell License Commission. At the hearing held by the License Commission on January 11, 2024, the following individuals appeared before the licensing board: James Flynn, husband of Owner and License Manager, Tracy Flynn, for Catcher’s Mitt Pub Inc., Officer Andres Bolivar of the Lowell Police Department, Officer David Poitras of the Lowell Police Department, Sergeant Jose Ramirez of the Lowell Police Department, Captain Peaslee of the Lowell Police Department. Assistant City Solicitor, Thomas Wood. Captain Peaslee read Superintendent Gregory Hudon’s request for the hearing into the record. Commission Chair Howe began the hearing by noting that Mr. Flynn had presented a notarized letter signed by Tracy Flynn, which appeared to be power of attorney in this matter. Mr. Flynn spoke about the circumstances that necessitated Mrs. Flynn hand over control of the business to her husband. Mr. Flynn established that he was not present at the Catcher’s Mitt Pub on the evening of the compliance check. Mr. Flynn then described how he ran the business and organized and managed stock. He also addressed the police complaint’s statement that there were many opened bottles of alcohol in the stockroom, even though there were smaller opened bottles on the bar. Mr. Flynn explained that he preferred to only use similarly sized bottles on the bar, and that in preparation for busy nights he would put open bottles back in the stock room and place full bottles on the bar. He noted that they do not refill the smaller bottles with large bottles. Mr. Flynn stated that the Catcher’s Mitt Pub Inc. does not sell the large bottles of “Granite State” branded liquor to the bar’s customers, but he does donate those to various fundraisers, and he raffles these bottles of alcohol during special events at the bar at Thanksgiving and Christmas. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 4 Lowell License Commission | Meeting Minutes for 2024.01.11 After hearing the witnesses and reviewing the evidence, the Commission found that there was insufficient proof that the Licensee was in violation of MGL C.138 §16, Changing or Tampering with Alcoholic Beverages, and voted to place the matter on file. Motion made by Commission Chair Howe to place the matter on file; seconded by Commissioner Mercier. On a roll-call vote: C. Howe – Y, C. Krieger – Y, C. Donahue – Y, C. Mercier – Y, C. Taing – Y. [5 in favor] APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:34, seconded by Commissioner Donahue. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 4