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License Commission

Regular Meeting

Lowell, MA · April 25, 2024

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Minutes

Lowell License Commission | Meeting Minutes for 2024.04.25 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, April 25, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/krHdh4zCie0?si=9QRpEUQjZ7pHbfbN 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 April 4, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, April 4, 2024; seconded by Commissioner Donahue. 5 yeas, APPROVED. 1 Ratification of an application by Alan Kaplan, to hold an "Under 21" College Dance Parties on Sunday, April 14, 2024, from 10 PM to 2 AM at The Smokehouse Tavern, 98 Middle Street. Mr. Alan Kaplan appeared before the Commission; Commission Krieger asked if the event was successful, to which Mr. Kaplan said ‘yes.’ Commissioner Donahue asked why the application wasn’t submitted before the previous meeting (before the event date). Mr. Kaplan explained that it was an oversight on his part. Mr. Kaplan also notified the Commission that it was his intent to apply for this permit letter regularly for Sunday nights followed by a Monday holiday. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 2 Applications by Peter Crewe, City of Lowell Director of Cultural Events, for three "Special Events Permits for Amplified Outdoor Public Entertainment," for the following City of Lowell events: • City of Lowell Spring Street Performer Series ‐ Fridays & Saturdays during May and June, 4 to 8 PM. • Greater Lowell PRIDE 2024 Celebration ‐ Saturday, June 15, 2024, from Noon to 5 PM. • Lowell's Fourth of July Celebration ‐ Thursday, July 4, 2024, from 5 to 10 PM. Rain date is July 5. Mr. Peter Crewe went before the Commission. At Commission Chair Howe’s request, he reviewed the events and their history with the City. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 3 Application by Sumana Hatwar, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for announcements and live & recorded music to be performed at the Vibha Kite Flying Festival Fundraiser, Sunday June 16, 2024, from Noon to 6PM at Sampas Pavilion, 160 Pawtucket Boulevard. Sumana Hatwar joined the meeting via Zoom and spoke about their application and the planned event. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 5 Lowell License Commission | Meeting Minutes for 2024.04.25 4 Applications by Steve Syverson, for four "Special One Day Licenses to sell/dispense Wines only," for the following events at Arts League of Lowell, 307 Market Street: • Saturday, April 27, 2024, 3‐5 PM: "The lawn was like a hay field" Reception. • Saturday, May 18, 2024, 3‐5 PM: "Allegory and Fantasy" Reception. • Saturday, June 8, 2024, 3‐5 PM: "Co‐op Showcase" Reception. • Saturday, July 13, 2024, 3‐5 PM: "Pigeons of Molodemak" Reception. Mr. Steve Syverson attended the meeting. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 5 Application by Thomas Fiorelli, for a "Special One Day License to sell/dispense Wines only," for an art gallery reception, to be held on Saturday, June 1, 2024, from 3 to 5 PM at the Ayer Lofts Gallery, 172 Middle Street. Commission Chair Howe confirmed with Mr. Fiorelli that he has held the license before, which he has many times. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. 6 Application by Ellen Casazza for a "Special One Day License to sell/dispense Malt Beverages & Wines" for an artist's reception for Mass Love on Saturday May 11, 2024, from 5:30 to 7:30 PM at Curation 250, 250 Jackson Street. Commissioner Howe noted that Ms. Casazza has repeatedly held this license. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 7 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for four "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus: • Friday, April 26, 2024, 6:30 to 8 PM ‐ Civil Engineering End of Year Banquet, Coburn Hall, 850 Broadway St. • Friday, May 3, 2024, 7 to 9 PM ‐ Retirement Party, Coburn Hall, 850 Broadway Street. • Thursday, May 9, 2024, 5 to 8 PM ‐ School of Education End of Year Reception, Coburn Hall, 850 Broadway • Thursday, May 9, 2024, 6 to 9 PM ‐ Manning Business School Hooding Ceremony, University Crossing, 220 Pawtucket Street. Mr. Patrick Fitzgibbons represented Aramark at the meeting and spoke about his events. Commissioner Krieger asked if Aramark had enough TIPS Certified bartenders to cover two concurrent events, to which Mr. Fitzgibbons noted that they had over 60 TIPS Certified bartenders available for Tsongas Arena and all the events held city‐wide and at the University. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 8 Applications by Amanda Étinge, for three "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for: a Surprise Birthday Celebration from 6 PM to 2 AM on Saturday, May 4, 2024; a Mother's Day Celebration from 6 PM to 2 AM on Saturday, May 11, 2024; and a Graduation Celebration from 6 PM to 1:30 AM on Saturday, May 25, 2024, at the Hellenic Center, 41 Broadway Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 5 Lowell License Commission | Meeting Minutes for 2024.04.25 Ms. Amanda Étinge appeared before the Commission by Zoom. She explained that she would have between 200 to 250 attendees at each of her events and that her TIPS Certified bartenders would be serving. Commissioner Donahue asked if she had enough security, to which she replied ‘yes.’ Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. 9 Application by Jeff Venuti of Blisspoint LLC [d/b/a] Blisspoint Meadery, a Farmer Winery, for Licenses to sell at two Farmer's Markets in Lowell. The first Market is at the "Lowell Farmers Market" on Fridays from June 7 to October 11, 2024, from 2 to 6 PM, outside at 350A Dutton Street. The second Market is at the "2024 Farm Market" on Sundays from May 1 to December 31, 2024, from 10 AM to 1 PM, at Mill No. 5, 250 Jackson Street. Mr. Jeff Venuti joined by Zoom. At Commissioner Howe’s request, he explained that he wanted to continue participating in the two Farmers’ Markets that take place in the City of Lowell. He has participated in the “Farm Market” at Mill No 5 for the last three years, and participated in the “Lowell Farmers’ Market” for the first time last fall. Move approval by Commissioner Mercier; seconded by Commissioner Krieger. 5 yeas, APPROVED. 10 Application by Dalila Alarcon, sole proprietor of Isabella's Restaurant and Pizza Corp., for a Common Victualler License for 5 Merrimack Street. Dalilia Alarcon joined the meeting by Zoom, along with her translator and partner, Chris Surian. While Ms. Alarcon was experiencing technical difficulties, Mr. Surian spoke for Ms. Alarcon and reviewed her years of restaurant experience. Move approval by Commissioner Mercier; seconded by Commissioner Krieger. 5 yeas, APPROVED. 11 Public 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. Includes application for Common Victualler license for Mira Ve LLC. Proposed license manager, Carolina Rios Manrique, and her business partner, Carolina Andrea Pino, appeared in Council Chambers before the Commissioners. Ms. Manrique explained that they were applying to add alcohol service to their established restaurant. She also noted that they also have a food truck. Commissioner Mercier asked if they were including the small patio area in their application for alcohol service, to which Ms. Manrique said they were. At Commission Chair Howe’s inquiry, Ms. Manrique explained that the three bartenders they were hiring are TIPS Certified and that she and Ms. Pino are also TIPS Certified. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Mercier; seconded by Commissioner Krieger. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 5 Lowell License Commission | Meeting Minutes for 2024.04.25 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 appeared before the Commission on behalf of Dhairya Inc. Proposed license manager, Sahil Patel was also present. Ms. Judkins explained that the application had been delayed due to conflicting valuations of the property. Attorney Judkins also reviewed the proposed manager’s experience as well as the owner’s past liquor licensing. Commissioner Krieger asked about the financing, for which Ms. Judkins provided explanation. Commissioner Howe asked about their alcohol training, to which Mr. Patel provided a review of their training and process. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 13 Violation hearing to determine whether MBOA Alliance LLC, d/b/a Sahel Restaurant & Lounge, 135 Central Street, Peter Tamajong, License Manager, all alcoholic beverages restaurant licensee, has violated certain provisions of Massachusetts General Laws and the Alcoholic Beverages Regulations for Licenses Issued in the City of Lowell. Allegations that misconduct occurred March 16, 2024, were detailed in a complaint by Gregory Hudon, Superintendent of Police, dated March 19, 2024, regarding failure to comply with all laws and regulations, including legal hours of operation and manager's responsibilities. No one representing MBOA Alliance LLC appeared before the Commission in person or via Zoom. The Commissioners spoke about the matter and agreed to one single continuance, given the severity of the matter. Motion to continue the violation hearing at the next License Commission meeting on May 9, 2024, by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. 14 Communication: Complaint regarding Hot Pot LLC updating their alcohol license filing with the Lowell License Commission and with the ABCC. Motion to place the matter on file by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 15 Communication from Massachusetts Division of Banks regarding City of Lowell Pawnbroker Interest Rates. Motion to place the matter on file by Commissioner Howe; seconded by Commissioner Mercier. 5 yeas, APPROVED. 16 Communication: Regarding the new Outside Restaurant & Retail Permit and how it impacts alcohol licensees. Motion to place the matter on file by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 17 Request for a public hearing to amend an "All Alcoholic Beverages" Restaurant license for Fortune Restaurant Group [d/b/a] Jade Lowell, 165 Thorndike Street. Amendments include "Change of City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 5 Lowell License Commission | Meeting Minutes for 2024.04.25 Officers/Directors" and "Change of Stock." It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. Motion made by Commissioner Krieger to hold a public hearing at the May 9, 2024, meeting of the Lowell License Commission, seconded by Commissioner Taing. 5 yeas, APPROVED. 18 Request for a public hearing to amend an "All Alcoholic Beverages" Restaurant license for Panela Restaurant Corporation, 55 Market Street. Amendments include "Change of Officers," "Transfer of Stock," and "Change of Manager." It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. Motion made by Commissioner Krieger to hold a public hearing at the May 9, 2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 5 yeas, APPROVED. 19 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Worthen House Cafe Inc., 141‐145‐147 Worthen Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. Motion made by Commissioner Mercier to hold a public hearing at the May 9, 2024, meeting of the Lowell License Commission, seconded by Commissioner Taing. 5 yeas, APPROVED. 20 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for G&AA LLC [d/b/a] Fuse Bistro, 45 Palmer Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. Motion made by Commissioner Taing to hold a public hearing at the May 9, 2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 5 yeas, APPROVED. 21 Request for a public hearing for an application by Jay Shakti Retail LLC [d/b/a] Shop N Save Mart, Sejal Patel, proposed license manager, for transfer of a "Wines and Malt Beverages" Package Store license for premises at 220 Appleton Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. The original application was withdrawn by representing Attorney Eliot Brais; a replacement application was not provided in time to review before this meeting. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:35, seconded by Commissioner Taing. 5 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 23, 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 25, 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: 889 0965 5438 Passcode: 000400. John Pyers, Executive Secretary 0 Acceptance of the meeting minutes for , 2024. 1 Ratification of an application by Alan Kaplan, to hold an "Under 21" College Dance Parties on Sunday, April 14, 2024, from 10 PM to 2 AM at The Smokehouse Tavern, 98 Middle Street. 2 Applications by Peter Crewe, City of Lowell Director of Cultural Events, for three "Special Events Permits for Amplified Outdoor Public Entertainment," for the following City of Lowell events: • City of Lowell Spring Street Performer Series ‐ Fridays & Saturdays during May and June, 4 to 8 PM. • Greater Lowell PRIDE 2024 Celebration ‐ Saturday, June 15, 2024, from Noon to 5 PM. • Lowell's Fourth of July Celebration ‐ Thursday, July 4, 2024, from 5 to 10 PM. Rain date is July 5. 3 Application by Sumana Hatwar, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for announcements and live & recorded music to be performed at the Vibha Kite Flying Festival Fundraiser, Sunday June 16, 2024 from Noon to 6PM at Sampas Pavilion, 160 Pawtucket Boulevard. 4 Applications by Steve Syverson, for four "Special One Day Licenses to sell/dispense Wines only," for the following events at Arts League of Lowell, 307 Market Street: • Saturday, April 27, 2024, 3‐5 PM: "The lawn was like a hay field" Reception. • Saturday, May 18, 2024, 3‐5 PM: "Allegory and Fantasy" Reception. • Saturday, June 8, 2024, 3‐5 PM: "Co‐op Showcase" Reception. • Saturday, July 13, 2024, 3‐5 PM: "Pigeons of Molodemak" Reception. 5 Application by Thomas Fiorelli, for a "Special One Day License to sell/dispense Wines only," for an art gallery reception, to be held on Saturday, June 1, 2024, from 3 to 5 PM at the Ayer Lofts Gallery, 172 Middle Street. 6 Application by Ellen Casazza for a "Special One Day License to sell/dispense Malt Beverages & Wines" for an artist's reception for Mass Love on Saturday May 11, 2024, from 5:30 to 7:30 PM at Curation 250, 250 Jackson Street. 7 Applications by Patrick Fitzgibbons, General Manager for Aramark at Tsongas Center, for four "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus: • Friday, April 26, 2024, 6:30 to 8 PM ‐ Civil Engineering End of Year Banquet, Coburn Hall, 850 Broadway St. • Friday, May 3, 2024, 7 to 9 PM ‐ Retirement Party, Coburn Hall, 850 Broadway Street. • Thursday, May 9, 2024, 5 to 8 PM ‐ School of Education End of Year Reception, Coburn Hall, 850 Broadway • Thursday, May 9, 2024, 6 to 9 PM ‐ Manning Business School Hooding Ceremony, University Crossing, 220 Pawtucket Street. 8 Applications by Amanda Etinge, for three "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," for: a Surprise Birthday Celebration from 6 PM to 2 AM on Saturday, May 4, 2024; a Mother's Day Celebration from 6 PM to 2 AM on Saturday, May 11, 2024; and a Graduation Celebration from 6 PM to 1:30 AM on Saturday, May 25, 2024, at the Hellenic Center, 41 Broadway Street. 9 Application by Jeff Venuti of Blisspoint LLC [d/b/a] Blisspoint Meadery, a Farmer Winery, for Licenses to sell at two Farmer's Markets in Lowell. The first Market is at the "Lowell Farmers Market" on Fridays from June 7 to October 11, 2024, from 2 to 6 PM, outside at 350A Dutton Street. The second Market is at the "2024 Farm Market" on Sundays from May 1 to December 31, 2024, from 10 AM to 1 PM, at Mill No. 5, 250 Jackson Street. 10 Application by Dalila Alarcon, sole proprietor of Isabella's Restaurant and Pizza Corp., for a Common Victualler License for 5 Merrimack Street. 11 Public 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. Includes application for Common Victualler license for Mira Ve LLC. 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 Violation hearing to determine whether MBOA Alliance LLC, d/b/a Sahel Restaurant & Lounge, 135 Central Street, Peter Tamajong, License Manager, all alcoholic beverages restaurant licensee, has violated certain provisions of Massachusetts General Laws and the Alcoholic Beverages Regulations for Licenses Issued in the City of Lowell. Allegations that misconduct occurred March 16, 2024, were detailed in a complaint by Gregory Hudon, Superintendent of Police, dated March 19, 2024, regarding failure to comply with all laws and regulations, including legal hours of operation and manager's responsibilities. 14 Communication: Complaint regarding Hot Pot LLC updating their alcohol license filing with the Lowell License Commission and with the ABCC. 15 Communication from Massachusetts Division of Banks regarding City of Lowell Pawnbroker Interest Rates. 16 Communication: Regarding the new Outside Restaurant & Retail Permit and how it impacts alcohol licensees. 17 Request for a public hearing to amend an "All Alcoholic Beverages" Restaurant license for Fortune Restaurant Group [d/b/a] Jade Lowell, 165 Thorndike Street. Amendments include "Change of Officers/Directors" and "Change of Stock." It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. 18 Request for a public hearing to amend an "All Alcoholic Beverages" Restaurant license for Panela Restaurant Corporation, 55 Market Street. Amendments include "Change of Officers," "Transfer of Stock," and "Change of Manager." It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. 19 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Worthen House Cafe Inc., 141‐145‐147 Worthen Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. 20 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for G&AA LLC [d/b/a] Fuse Bistro, 45 Palmer Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. 21 Request for a public hearing for an application by Jay Shakti Retail LLC [d/b/a] Shop N Save Mart, Sejal Patel, proposed license manager, for transfer of a "Wines and Malt Beverages" Package Store license for premises at 220 Appleton Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 9, 2024, at 6 PM. Adjournment *

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