License Commission

The City of Lowcll Ctty HaU . 375 UerrlDecl Strcet . Losell, DIA O1852 Llceare Comml!elon . 97A-674-4L66 Usrtba HosG Commlsslon Chalr Cllff Kri.gcr Joecph Donahuc Denaig Mcrclcr Andrew Talng Commlssloncrs Michael Q. Geary City Clerk, City of Lowell Lowell, Massachusetts February 20,2024 Dear Sir ln 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, February 22,2024, 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 lD: 889 5328 777L Passcode: 988204. John Pyers, Executive Secretary 0 Acceptance of the meeting minutes for February 8,2024. 1 Application by Merrimack RepertoryTheatre, John Dyson House Manager, for "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for fifteen performances of "Dishwasher Dreams," and fifteen performances of "The Porch on Windy Hill" at Lowell Memorial Auditorium, 50 East Merrimack Street. 2 Application by Carl Maibfor 3 "Special One Day Licenses to sell/dispense Malt Beverages & Wines" and for 3 "Amplified Outdoor Public Entertainment" permits for the Grecian Festival. Event to be held Friday, May 31st through Sunday, June 2, 2024, at the Transfiguration Greek Orthodox Church, 25 Fr. Sarantos Way. 3 Applications by Fionna Brennan 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: . Saturday, March 16,2024, Noon-11:00 PM for a Market & Concert. . Friday, March 22,2024,5 PM-11:00 PM for a Community Chili Night. . Saturday, March 23,2024, Noon-11:00 PM for a Market & Concert. 4 Public hearing for an application by Picante Entertainment Group lnc.,Idlb/a) Tesco Center, Ernesto Lugo, proposed license managerfor an "AllAlcoholic Beverages" restaurant license for premises at 70- 72 Middlesex Street. 5 Public hearing for an application by Dhairya lnc.ldlb/al Store 38, Sohil Patel, proposed license manager, for transfer of an "All Alcoholic Beverages" Package Store license for premises at 6 Laurel Street. 6 Public hearing for an application by Back Page Cafe & Restaurant LLC, BradleyYates, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 1.5 Kearney Square, Unit 2. 7 Public hearing to discuss License Commission Alcoholic Beverages Regulations. See attached proposed amendments. Adjournment. *  City of Lowell - Law Department 375 Merrimack Street,3d Floor . Lowell MA 01852-5909 Tel:. 978.674.4050 . Fax: 978.453.1510' www.lowellma.gov Corey F. Williams City Solicitor Michael Broderick )ohn J. McKenna MEMORANDUM First Assistant City Solicitors TO: Martha Howe, Chair, Lowell License Commission Garrett Beaulieu FROM: Thomas Wood, Assistant City Solicitor, Law Departmen, ,:lXt#f;H:; Olivia C. Hart-Paulson DATE: February 20,2024 Thomas G. wood As si st ant City S o li cit or s SUBJECT: Amendments to License Commission Alcoholic Beverages Regulations 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. The Law Department, in compliance with Commissioner Donahue's motion to refer, has reviewed the Lowell Police Department and Commissioner Donahue's proposed amendments and have drafted the following proposed language as amendments: I. Amendins S 1.21 to add'No Admittance to lntoxicated Individuals" Section 1.21 shall be amended by adding the following: "Licensees shall refuse entrance to the premises to a person who appears to be intoxicated or unruly; and shall be evict such patron, except in such a case the licensee should call for the police and should aid the intoxicated person when possible." $ r.21 TNTOXICATED PATRONS, MOTOR VEHICLE VIOLATIONS: Relating to the sale or delivery of alcoholic beverages to intoxicated persons and motor vehicles violations related thereto: Upon receipt by the License Commission within an eighteen (18) month period of three (3) reports from the Middlesex County District Attorney's Office, or any other governmental agency, containing information provided to the court by an individual, that said individual was served alcohol at an establishment holding a liquor license in the City of Lowell, prior to committing a motor violation involving operating under the influence of intoxicating liquor: (a) The License Commission shall request the Lowell Police Department, in writing, to conduct an investigation into said allegations. (b) If the report of the police investigation warrants further action, the licensee will be notified of a hearing before the Lowell License Commission.  (c) If after a hearing, the License Commission finds a violation of law or of its regulations relative to any liquor license, the license will be suspended for not less than three (3) days, nor more than six (6) days, for each offense (person). (d) After three (3) suspensions, the licensee will be notified of a hearing to revoke its license. (e) After suspension or revocation, the licensee shall have a right to appeal the decision to the Alcoholic Beverages control commission as provided by law. Licensees shall refuse entrance to the premises to a person who appears to be intoxicated or unruly; and shall be evict such patron, except in such a case the licensee should call for the police and should aid the intoxicated person when possible. il. Amending Section 2 to add Q 2.17 (Police Details) Section 2 of the Alcohol Beverages Regulations for Licenses issued by the Lowell License commission shall be amended by adding the following section and paragraph: { 2.I7 POLICE DETAILS: The License Commission shall have the right and authority to order any licensee to engage as many private detail police from the police department which in the License Commission's judgment are necessary to maintain law and order upon the licensed premises and the areas immediately adjacent to or serving the licensed premises, including the parking Iots. III. Amendins 6 1.16 (Manaser's Resnon r) to include: List." "Mandatory Police Reporting." and "Responsibility for Outside Activity" Section L l6 shall be amended by striking out the entire section, and inserting the following: $ l.16 MANAGER',SRESPONSIBILITIES: The Manager shall at all times maintain order and decorum in the premises, in all immediately surrounding areas adjacent to the licensed premises, and in any parking lot provided by the licensee for use by its patrons. The Manager shall cooperate in all ways with City officials in ensuring safe and orderly facilities. The Manager shall ensure that there shall be no disorder, indecency, prostitution, lewdness, illegal gambling, misconduct, or any other disturbance permitted on the licensed premises, and in any parking lot provided by the licensee for use by its patrons. The Manager will ensure that noise does not become disturbing to abutters and/or neighbors. In the event that a disturbance or breach of the peace occurs ou the licensed prernises resulting in physical injury to any person., the licensee or Manager shall promptly notifz the Lowell Police Deparhnent and shall take all reasonable steps to assist such injured person and shall cooperate with police in their investigation. 2  In all instances where the police are called to the licensed premises, regardless of the extent or severity of any incident involving people in or on the premises, the Licensee or Manager must submit to the Lowell License Commission and the Lowell Police Department within forty-eight (48) hours of the close of business, a complete and accurate written report of the incident; such report will advise them of all pertinent facts including, but not limited to: (a) parties involved, by name; (b) date and time of the incident; (c) action taken by the Licensee or manager; (d) description of the incident including damages and any injuries; and (e) name of duty manager responsible for the premises at the time of the incident along with any other employees present at the time of the incident. Licensees shall act reasonably and diligently to disburse loiterers or patrons who attempt to congregate in front of or at the licensed premises. Failure of the licensee to keep persons from congregating at the licensed premises may lead to disciplinary action against the licensee for allowing a public nuisance. Action to be taken by the licensee shall include: (l) maintaining the front door in a closed position; (2) asking loiterers to disperse; (3) promptly notifuing the police if loiterers refuse to disperse; (4) considering the hiring of a security guard or stationing a security guard at the front door to disperse loiterers; (5) refusing to allow patrons to walk in and out of the premises at short intervals; (6) maintaining order in lines of patrons waiting outside to get in; (7) announcing that no further patrons will be allowed into the premises if lines become too long or disorderly or loud. The licensee shall keep a current and accurate list of the names of all employees, including name, address, date of birth, date of hire, and position and shall make such list available for inspection upon request by the authorized agents of the police department and the License Commission. The licensee shall also keep and post in an employee area a daily schedule of all employees from open to close, the hours that each employee is scheduled to work, and each employee's position and/or role with the licensee and shall make such list available for inspection upon request by the authorized agents of the police department and the License Commission. IV. Amending Promoter Events Section 2)2 shall be amended by striking out the last sentence of the first paragraph, and adding the following paragraph: "Licensees are required to notiff the Lowell Police Department at least 14 days in advance when they are using anyone to promote and/or self-promoting an event in such a manner that they anticipate a larger than normal attendance. The licensee must note every person or company promoting the event, how they are promoting the event, and anticipated attendance." 5 2.12 PROMOTER EVENTS )a  Any licensee utilizing the services of a promoter, defined as an individual acting as a third party to the licensee for advertisement and to generate revenue for the licensee, shall acquire either directly or through the promoter, a separate promotion license from the License Commission. The licensee shall speciff, in writing, the specific event(s) being promoted. The licensee shall not engage any promoter or a promoted event that is not specifically covered under the separate promoter license. Licensees are required to notiff the Lowell Police Department at least 14 days in advance when they are using anyone to promote and/or self-promoting an event in such a manner that they anticipate a larger than normal attendance. The licensee must note every person or company promoting the event, how they are promoting the event, and anticipated attendance. V. Amendine Q 2.16 Cover Charges Section 2.16 shall be amended by adding the following sentence: "(3) At no time should a licensee charge separate cover charges that are priced differently based upon a patron's race, color, religious creed, national origin, sex, gender identity, sexual orientation, disability, any other enumerated protected categories set forth in M.G.L. c. 272, $ 98, or for any other reason." Hotel, restaurant, club, tavern licensees licensed to selUserve alcoholic beverages may have a cover charge in accordance with M.G.L. chapter 140, section 183D, Minimum or cover charge: No innholder, common victualler or person owning, managing or controlling a caf6, restaurant, or other eating or drinking establishment shall require any person to pay a minimum charge or cover charge unless a sign is conspicuously posted at every entrance to any dining room or rooms where such charge is required, in letters no less than one inch in height, stating that a minimum charge or cover charge shall be charged and also stating the amount of charge; provided, however, that no such innholder, common victualler or person owning, managing or controlling a caf6,, restaurant or other eating or drinking establishment shall require a person under thirteen years of age to pay a minimum charge or cover charge. Whoever violates this section and 204 CMR 2.00 Regulations of the Alcoholic Beverages Control Commission 204- 2.16: Cover Charge shall be punished by a fine of not more than fifty dollars. (l) The posting of a "cover charge" shall be made in accordance with M.G.L.c.140 s. 183D. Said "cover charge" shall not be collected in advance of gaining entrance to the licensed premises, and can only be charged upon a written or printed receipt, permanently recorded and numbered seriatim, presented to each individual customer or group of customers. Records of such receipts shall be kept by the licensee for a period not less than two years. For the purposes of 204 CMR 2.00, the term "cover charge" shall include all admission fees or admission charges, except that the sign required to be posted under M.G.L. c. 140 s. 183D shall, in the case of an admission fee or charge, be posted on the outside of the 4 licensed premises. Nothing in 204 CMR 2.00 shall be construed to prohibit advanced ticket sales by any on-premises licensee under M.G.L. c. 138, s. 12, a hotel, restaurant, tavem, club. (2) No minimum charge for the purchase of alcoholic beverages or minimum alcoholic beverage drinking requirement shall be imposed upon any customer of a section twelve licensee. Any such licensee who charges a minimum charge for food and/or non-alcoholic beverages in accordance with the requirements of M.G.L. c. 140 s l83D shall include a specific statement in the posting required therein that there is no minimum charge for alcoholic beverages. Said minimum charge shall not be collected in advance of gaining entrance to licensed premises and can only be charged upon a written or printed receipt permanently recorded and numbered seriatim, presented to each individual customer or group of customers. No licensee shall impose a minimum charge for food and/or non- alcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or non-alcoholic beverages. (3) At no time should a licensee charge scparate cover chargcs that are priced differently based upon a patron's race, color, religious creed, national origin, sex. gender identity, scxual orientation, disability, any other enumerated protected categories set forth in M.G.L. c. 272,$ 98, or for any other reason. 5