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License Commission

Regular Meeting

Lowell, MA · April 4, 2024

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Minutes

Lowell License Commission | Meeting Minutes for 2024.04.04 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, April 4, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/6uKPDiImd1c?si=YJY3e_OumStH8fBv ROLL CALL: On a roll call at 18:00, members present were, namely: Commissioner Krieger, Commissioner Donahue, Commissioner Mercier, and Commissioner Taing. Commission Chair Howe was absent. MINUTES: 0 Acceptance of the meeting minutes for March 21, 2024. “Zeroth.” Merriam‐Webster.com Dictionary, Merriam‐Webster, https://www.merriam‐ webster.com/dictionary/zeroth. Adj. zē‐(ˌ)rōth : being numbered zero in a series. Commissioner Mercier made a motion to approve the minutes for the meeting of Thursday, March 21, 2024; seconded by Commissioner Donahue. 4 yeas, 1 absent (C. Howe), APPROVED. 1 Application by Salsa in Lowell, François Chevalier, Owner, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for ‘Salsa on the Deck,’ to be held on some Sundays between April 21st and September 29th, 2024, from 2 to 5 PM at the DCR park located at 262 Merrimack Street. François Chevalier appeared before the Commission. He confirmed that he’s been holding this event annually during the summer since 2020, and that he uses a small sound system so that he can teach Salsa dancing to interested public. He further explained that rain dates were built into his requested dates. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, 1 absent (C. Howe), APPROVED. 2 Application by Laura Tavares for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the ‘Swamp Locks Lighting Celebration,’ to be held on Friday, April 26, 2024, from 8:00 to 9:30 PM at the Swamp Locks Bridge, Near 110 Canal Street. Laura Tavares appeared before the Commission in meeting. She discussed the event, part of the Lowell Waterways Vitality Initiative, and explained that there would be speakers and some background music. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. 3 Applications by Bianca Mauro for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the 2024 Points of Light Lantern Celebration on Saturday, May 11, 2024, from 5 to 10 PM at Ecumenical Plaza and Jefferson Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 5 Lowell License Commission | Meeting Minutes for 2024.04.04 Items 3 and 4 were taken together for the same event. Ms. Mauro appeared before the Commission via Zoom. Laura Tavares remained at the podium to speak in person to the Commission. Ms. Tavares noted that this is the 7th annual Points of Light Lantern Celebration in Lowell, and she spoke to her and Ms. Mauro’s roles in the event. Ms. Mauro reviewed the audio program for the event, and Ms. Tavares spoke about the alcohol service that will be provided, the TIPS Certified bartenders, and security & officers that will help manage the event. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 4 yeas, 1 absent (C. Howe), APPROVED. 4 Applications by Laura Tavares for a "Special One Day License to sell/dispense Malt Beverages & Wines," for the 2024 Points of Light Lantern Celebration on Saturday, May 11, 2024, from 5 to 10 PM at Ecumenical Plaza and Jefferson Street. Items 3 and 4 were taken together for the same event. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 4 yeas, 1 absent (C. Howe), APPROVED. 5 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for two "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus:  Friday, April 12, 2024, 7:30 to 9 PM ‐ Alumni & Student Celebration, Coburn Hall, 850 Broadway Street.  Thursday, April 18, 2024, 5:30 to 8 PM ‐ Art and Design Department End of Year Receptions, University Crossing, 220 Pawtucket Street. Patrick Fitzgibbons appeared before the Commission. He reviewed his upcoming events and explained that these were smaller events than normal. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. 6 Applications by Fionna Brennan for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for "Market & Concert" events that will be held at Mill No. 5, 250 Jackson Street on: • Saturday, April 20, 2024, Noon to 11:00 PM. • Saturday, May 4, 2024, Noon to 11:00 PM. Ms. Fionna Brennan joined the meeting via Zoom. She confirmed that these events would be held to Mill No. 5’s regular “Market & Concert” standards: TIPS Certified bartenders would serve in shifts to daytime marketgoers and in the evening to the Concert attendees; she anticipates about 75 attendees at each event. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 5 Lowell License Commission | Meeting Minutes for 2024.04.04 Move approval by Commissioner Donahue; seconded by Commissioner Taing. 4 yeas, 1 absent (C. Howe), APPROVED. 7 Applications by Joel Mongeon for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held at Mill No. 5, 250 Jackson Street on: • Wednesday, April 17, 2024, 5:00 to 10:00 PM for the "Donahue Speaker Series." • Thursday, April 18, 2024, 5:00 to 10:00 PM for the "E for All Entrepreneur Showcase." Mr. Joel Mongeon attended the meeting in person and spoke before the Commission. Commissioner Donahue noted that he is no relation to the “Donahue” in the speaker series being hosted on April 17, 2024. Mr. Mongeon anticipates 100 participants at each event and will have a TIPS Certified bartender at each. None of his events in the past have had any issues – a fact confirmed in other License Commission meetings by Captain David Peaslee of the LPD. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 4 yeas, 1 absent (C. Howe), APPROVED. 8 Application by Ted Lavash, for a "Special One Day License to sell/dispense Wines only," for the "Sketched, Sawed, Screwed, & Glued" artist reception on Saturday, April 6, 2024, from 3 to 5 PM at Ayer Lofts Gallery, 172 Middle Street. Mr. Ted Lavash appeared before the Commission and spoke about his artist reception at Ayer Lofts Gallery. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. 9 Application by Carolina Pino, sole proprietor of El Bunker, for a Common Victualler License for 144 Merrimack Street. Carolina Pino appeared before the Commission with a translator to help us communicate with her. She spoke about her business, her experience, and her menu. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, 1 absent (C. Howe), APPROVED. 10 Application by Sam‐Ren Inc. [d/b/a] Milan Pizza, for a change of corporate structure and corporate name on their "Malt Beverages and Wines" Restaurant license. They are changing from a sole proprietor to a corporation. Sotorios Sotiriou, President and Director of Sam‐Ren Inc., spoke to the Commission in person. He explained how he needs to amend his license – and that he didn’t realize he needed to do so until recently. He noted that he’s been in business at the same location for 40 years. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 5 Lowell License Commission | Meeting Minutes for 2024.04.04 11 Hearing for an amended application by Reginato, LLC [d/b/a] Village Market, Karina Conceicao, proposed license manager, for transfer of a "Wines and Malt Beverages" Package Store license for premises at 1172 Lawrence Street. Attorney Brian Akashian appeared before the Commission and spoke for the applicants. He reviewed the application and explained why he was appearing before the Commission to resubmit an amended application for license. He explained that the ABCC investigator discovered that the husband had a financial interest in the license, but that the applicant had not presented that. At the public hearing, no one spoke in favor of or in opposition to granting the license. Motion made by Commissioner Donahue to approve the application; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. 12 Public hearing for an application by Dhairya Inc. [d/b/a] Store 38, Sohil Patel, proposed license manager, for transfer of a "All Alcoholic Beverages" Package Store license for premises at 6 Laurel Street. Attorney Rachel Judkins joined the meeting via Zoom. She explained that she wanted a continuance of the public hearing to the next License Commission meeting, and that she expected to have the missing documents by that time. Motion to continue the hearing, one more time, at the next meeting made by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Howe), APPROVED. 13 Discussion of a proposal by Commissioner Krieger to review License Commission regulations pertaining to Fortune Tellers, Palm Readers, and Psychics. Commissioner Krieger spoke about his concerns pertaining to the licensing of Fortune Tellers and persons who provide other psychic services for a fee. Commissioner Krieger stated that there are parallels between licensing palm readers, who provide spiritual guidance to those who believe, and licensing clergy, who do the same. Commissioner Mercier asked for clarification, and it was explained that the law pertaining to the licensing of psychics is a state law, and that City Council holds no direct bearing on the law. Commissioner Donahue noted that he didn’t feel the parallel was warranted in his opinion, and that the License Commission should simply comply with the law. Commissioner Taing noted that fortune telling could be fraudulent and could affect the community. Commissioner Krieger noted his agreement that, if the law was to remain “on the books,” it should be enforced. No motion made. 14 Request for a hearing for an application by Mira Ve LLC, Carolina Rios Manrique, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 105 City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 5 Lowell License Commission | Meeting Minutes for 2024.04.04 Mammoth Road. It is requested that legal notice be published in the local newspaper, and public hearing to be held on April 25, 2024, at 6 PM. Motion made by Commissioner Donahue to hold a public hearing at the April 25, 2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Mercier), APPROVED ADJOURNMENT: Commissioner Mercier made a motion to adjourn at 18:42, seconded by Commissioner Donahue. 4 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 5

Agenda

The City of Lowell City Hall • 375 Merrimack Street • Lowell, MA 01852 License Commission • 978-674-4156 Martha Howe Commission Chair Cliff Krieger Joseph Donahue Dennis Mercier Andrew Taing Commissioners Michael Q. Geary City Clerk, City of Lowell Lowell, Massachusetts April 2, 2024 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, April 4, 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 ID: 879 6533 7724 Passcode: 908648. John Pyers, Executive Secretary 0 Acceptance of the meeting minutes for March 21, 2024. 1 Application by Salsa in Lowell, François Chevalier, Owner, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for ‘Salsa on the Deck,’ to be held on some Sundays between April 21st and September 29th, 2024, from 2 to 5 PM at the DCR park located at 262 Merrimack Street. 2 Application by Laura Tavares for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the ‘Swamp Locks Lighting Celebration,’ to be held on Friday, April 26, 2024, from 8:00 to 9:30 PM at the Swamp Locks Bridge, Near 110 Canal Street. 3 Applications by Bianca Mauro for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the 2024 Points of Light Lantern Celebration on Saturday, May 11, 2024, from 5 to 10 PM at Ecumenical Plaza and Jefferson Street. 4 Applications by Laura Tavares for a "Special One Day License to sell/dispense Malt Beverages & Wines," for the 2024 Points of Light Lantern Celebration on Saturday, May 11, 2024, from 5 to 10 PM at Ecumenical Plaza and Jefferson Street. 5 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for two "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus:  Friday, April 12, 2024, 7:30 to 9 PM ‐ Alumni & Student Celebration, Coburn Hall, 850 Broadway Street.  Thursday, April 18, 2024, 5:30 to 8 PM ‐ Art and Design Department End of Year Receptions, University Crossing, 220 Pawtucket Street. 6 Applications by Fionna Brennan for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for "Market & Concert" events that will be held at Mill No. 5, 250 Jackson Street on: • Saturday, April 20, 2024, Noon to 11:00 PM. • Saturday, May 4, 2024, Noon to 11:00 PM. 7 Applications by Joel Mongeon for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held at Mill No. 5, 250 Jackson Street on: • Wednesday, April 17, 2024, 5:00 to 10:00 PM for the "Donahue Speaker Series." • Thursday, April 18, 2024, 5:00 to 10:00 PM for the "E for All Entrepreneur Showcase." 8 Application by Ted Lavash, for a "Special One Day License to sell/dispense Wines only," for the "Sketched, Sawed, Screwed, & Glued" artist reception on Saturday, April 6, 2024, from 3 to 5 PM at Ayer Lofts Gallery, 172 Middle Street. 9 Application by Carolina Pino, sole proprietor of El Bunker, for a Common Victualler License for 144 Merrimack Street. 10 Application by Sam‐Ren Inc. [d/b/a] Milan Pizza, for a change of corporate structure and corporate name on their "Malt Beverages and Wines" Restaurant license. They are changing from a sole proprietor to a corporation. 11 Hearing for an amended application by Reginato, LLC [d/b/a] Village Market, Karina Conceicao, proposed license manager, for transfer of a "Wines and Malt Beverages" Package Store license for premises at 1172 Lawrence Street. 12 Public hearing for an application by Dhairya Inc. [d/b/a] Store 38, Sohil Patel, proposed license manager, for transfer of a "All Alcoholic Beverages" Package Store license for premises at 6 Laurel Street. 13 Discussion of a proposal by Commissioner Krieger to review License Commission regulations pertaining to Fortune Tellers, Palm Readers, and Psychics. 14 Request for a hearing for an application by Mira Ve LLC, Carolina Rios Manrique, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 105 Mammoth Road. It is requested that legal notice be published in the local newspaper, and public hearing to be held on April 25, 2024, at 6 PM. Adjournment. *

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