License Commission

Lowell License Commission I t\4eeting tvlinutes for 2024.02.08 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, February 8,2023, at 6:00 PM, and by Zoom. Video of this meeting is available: httos://www.voutube.com/live/im82zwfhwP4?si=N8iEReclgMl6drlM ROtt CAIL: On a roll call at 18:00, members present were, namely: Commission Chair Howe, Commissioner Krieger, Commissioner Donahue, and Commissioner Mercier. Commissioner Taing was absent. MINUTES: 0 Acceptance of the meeting minutes for January 25,2024. Commissioner Donahue made a motion to approve the minutes for the meeting of Thursday, January LL,2024; seconded by Commissioner Krieger.4 yeas, l absent (C. Taing), APPROVED. 1 Applications by Steve Syverson, for three "Special One Day Licenses to selUdispense Wines only," for the following events at Arts League of Lowell, 307 Market Street: a. Saturday, February t7,2024,3-5 PM: "My Neighborhood / lVti Vecindario" Reception. b. Saturday, March L5,2024,3-5 PM: "AllThings Musical" Reception. c. Saturday, March 30,2024,3-5 PM: " lnterpreting Nature Through Value and Color" Reception and the Arts League of Lowell's 20th Anniversary Celebration. Mr. Syverson spoke about his upcoming events. Move approval by Commissioner Donahue; seconded by Commissioner Mercier.4 yeas, l absent (C. Taing), APPROVED. 2 Applications by Amanda Etinge, for two "special One Day Licenses to sell/dispense Wines and Malt Beverages only," for a Celebration of Life from 6 PM to 1:30 AM on February 24,2024, and a Women's Day Celebration from 5 PM to 1:30 AM on March 23, 2024, at the Hellenic Center, 41 Broadway Street. Ms. Etinge joined the meeting via Zoom. She spoke about her two events, and at Commission Chair Howe's request, provided specifics on number of participants (-200) and noted that three of her usual TIPS Certified bartenders would be serving. Move approvalby Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 3 Application by Alaina Brackett, owner of Purple Carrot Bread Co., for a "special One Day License to sell/dispense Malt Beverages & Wines" for a Valentine's Day Dinner on Wednesday, February 14, 2024,from 5 to 9PM at Purple Carrot, 107 Merrimack Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 5 Lowell License Commission I IVeeting tVinutes for 2024.02.08 Ms. Brackett appeared before the Commission and noted that she has held this format event previously; that she was offering two seatings of 10 tables for Valentine's Day, and that she wasn't fully booked. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. 4 Application by Zita Fomukong Andam fora "Special One Day Licensetosell/dispense Malt Beverages & Wines" for a baby shower on Saturday, March 2,2024, from 9 PM to 1 AM at the Hellenic Center, 41 Broadway Street. Ms. Andam joined the meeting via Zoom. Commission Chair Howe asked for details pertaining to the event, and Ms. Andam explained that the event is her own baby shower, that she is expecting 150 guests and has 3 bartenders trained for serving alcohol. Move approval by Commissioner Mercier; seconded by Commissioner Donahue.4 yeas, 1 absent (C. Taing), APPROVED. 5 Applications by Joel Mongeon for three "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held at Mill No. 5, 250 Jackson Street on: . Thursday, February 29,2024,5-10:00 PM for a private party. . Saturday, March 2,2024, Noon-11:00 PM for a Market & Concert. . Thursday, March 7,2024,5-L0:00 PM for an E forAll Pitch Contest. Joel Mongeon joined the meeting via Zoom. Mr. Mongeon spoke at length about his events and at Commissioner Donahue's request explained that the "E for All Pitch Contest" is a contest for entrepreneurs, not a musical event. He noted he expects 50 participants and that his usualteam of TIPS Certified bartenders will handle all three of his events. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 6 Applications by Lou Aurelio for fifteen "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held in February and March at Lowell Memorial Auditorium, 50 E. Merrimack Street. A list of event specifics has been provided to the Commission. Lou Aurelio reviewed the Lowell Memorial Auditorium's upcoming lineup of events, which were mostly dance competitions. Move approval by Commissioner Mercier; seconded by Commissioner Donahue.4 yeas, 1 absent (C. Taing), APPROVED. 7 Application for Secondhand Motor Vehicles - Used Car Dealer, Class ll, for Lexx Auto Group LLC, Robert Burge, Manager, for premises at L482 Middlesex Street. Attorney Catherine Flood spoke for Lexx Auto Group LLC. She reviewed the application and zoning approval. Mr. Burge, the applicant also spoke, and upon questioning by the Commission, explained City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 5 Lowell License Commission I Vleeting tVinutes for 2024.02.08 the proposed changestothe property: the construction, available infrastructure, and changes in parking. Ms. Flood requested that license be granted provisionally -on condition of fulfilling the remaining requirements - and noted that the applicant did not wish to begin construction until he knew that License Commission had approved the license. Motion to approve, on condition of the building being built and (a Class 2 Auto Dealer) bond being issued, by Commissioner Howe; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 8 Application by Jarnail Singh, Corporate Director of 163 PaMucket lnc. [d/b/a] Heritage lce Cream & Pizza Market, for transfer of Common Victualler License for 163 PaMucket Boulevard. Jarnail Singh, the Director, and Arshdeep "Arsh" Singh, the manager, appeared before the Commission. Arsh Singh explained that they had purchased the business from the previous owner, and that they are expanding the menu as well as eventually expanding their operating season. Commissioner Howe confirmed thattheywould be serving the same ice cream and would use the same ice cream recipes. Move approval by Commissioner Mercier; seconded by Commissioner Krieger. 4 yeas, 1 absent (C Taing), APPROVED. 9 Public hearing to discuss License Commission regulations. Commissioner Howe opened the public hearing to discuss changing or amending License Commission Regulations and turned over the floor to Captain Peaslee to read the Lowell Police Department's proposed amendments into the record, which he did. Solicitor Thomas Wood provided additional details about the proposed language and noted that most of the proposed amendments were additional language, not replacement language. Commissioner Mercier asked how the fifth proposed amendment, which limits re-entry to establishments, would impact smoking patrons. Commissioner Krieger asked how the last proposal regarding licensee's responsibility for outside activity might conflict with the City's Homeless initiatives. Solicitor Wood noted that the Law Department did not discuss this. [Law Department memo dated March 5,2024, concluded that the proposed amendments regarding loiterers does not conflict with the City of Lowell's current homelessness initiatives. This information is provided here for the public's convenience. The memo is included with these minutes.l Commissioner Donahue confirmed that the public hearing was properly published in the Lowell Sun, which it was. Secretary Pyers noted that two licensees had come forward with questions about the public hearing. Commissioner Krieger suggested that other methods of disseminating information might be used. Commissioner Donahue spoke about section 2.2 of the regulations, pertaining to promoters. He proposed that License Commission no longer require promoters to appear before the Commission, but that they should instead require licensees to notify LPD and License Commission when they are City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 5 Lowell License Commission I [Veeting N/inutes for 2024.02.08 planning larger than normal events that are being promoted. The Commissioner requested that the City Solicitor propose suitable language to that effect. No one from the public attended the hearing, and no one spoke in favor or in opposition to the proposed amendments. The public hearing was closed. Commissioner Krieger suggested thatthe matter of amending the regulations be tabled until the next meeting. Commission Chair Howe noted that the hearing was opened and closed. Motion made by Commissioner Donahue to review a redline copy of the proposed edits at the next meeting, and for Secretary Pyers to notify licensed establishments of the next meeting in the meantime by email, even though the public hearing is closed; seconded by Commissioner Krieger. On a roll-callvote: C. Howe - Y, C. Krieger - Y, C. Donahue - Y, C. Mercier -Y.4 yeas, 1 absent (C. Taing), APPROVED. 10 Request for a hearing for an application by Picante Entertainment Group lnc.,Idlbla) Tesco Center, Ernesto Lugo, proposed license managerfor an "All Alcoholic Beverages" restaurant licensefor premises at70-72 Middlesex Street. lt is requested that legal notice be published in the local newspaper, with public hearing to be held on February 22,2024, at 6 PM. Motion made by Commissioner Donahue to hold a public hearing at the February 22,2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier.4 yeas, 1 absent (C. Taing), APPROVED. LL Request for a hearing for an application by Dhairya lnc. [d/b/a] Store 38, Sohil Patel, proposed license manager, for transfer of a "All Alcoholic Beverages" Package Store license for premises at 5 Laurel Street. lt is requested that legal notice be published in local newspaper, with public hearing to be held on February 22,2024, at 6 PM. Motion made by Commissioner Mercier to hold a public hearing at the February 22,2024, meeting of the Lowell License Commission, seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. L2 Request for a hearing for an application by Back Page Cafe & Restaurant LLC, BradleyYates, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 15 Kearney Square, Unit 2. lt is requested that legal notice be published in the local newspaper, with public hearing to be held on March 7,2024, at 6 PM. Motion made by Commissioner Donahue to hold a public hearing at the March 7,2024, 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 18:41, seconded by Commissioner Mercier.4 yeas, 1 absent (C. Taing), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 5 Lowell License Commission I Meeting Minutes for 2024.02.08 Submitted by: John Pyers Executive Secretory >i< city of Lowell License commission | 375 Merrimack st. Lowell, MA 01g52 Page 5 of 5  City of Lowell - Law Department 375 Merrimack Street,3'a Floor . Lowell MA 01852-5909 Tel:. 978.674.4050 . Fax: 978.453.1510 . www.lowellma.gov Corey F. Williams Citv Solicitor )ohn j. McKenna First Assistant Ci$ Solicitor MEMORANDUM Garrett Beaulieu TO Martha Howe, Chair, Lowell License Commission Timothy A. French Olivia C. Hart-Paulson FROM Thomas Wood, Assistant City Solicitor, Law Department Thomas G. Wood Assistant City S olicitot s DATE: March 5,2024 SUBJECT Question During License Commission Meeting on February 8,2024 On Thursday, February 8,2024, the Lowell License Commission held a public hearing to discuss changes to the Alcohol Beverages Regulations issued by the Lowell License Commission. During the meeting, Commissioner Cliff Krieger inquired about whether the Law Department believed the City Manager's homelessness initiatives conflicted with the Lowell Police Department's proposed change to $ 1.16 (Manager's Responsibilities) to require managers to "ask loiterers to disperse" and "promptly notify[] the police if loiterers refuse to disperse." In response to I Commissioner Krieger's question, indicated that the Law Department would research the question in advance of the following License Commission meeting on February 22,2024. This Memorandum reflects that following the February 8 License Commission meeting, the Law Department concluded that the Lowell Police Department's proposed changes to the Alcohol Beverages Regulations regarding loiterers does not conflict with the City's current homelessness initiatives.