License Commission

Lowell License Commission | Draft Meeting Minutes for 2024.05.09 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, May 9, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/LshRKXdHmWk?si=0SH2n‐PSla4nBqKJ 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 25, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, April 25, 2024; seconded by Commissioner Taing. 5 yeas, APPROVED. 1 Application by Deborah Motew, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the 'Lowell Community Charter Public School Annual Block Party,' to be held on Friday June 7, 2024, from Noon to 8 PM at 206 Jackson Street. Ms. Motew provided a brief overview of their event. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 2 Applications by Joel Mongeon and Fionna Brennan for six "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for events that will be held at Mill No. 5, 250 Jackson Street: • Thursday, May 16, 2024, 4:00 to 9:00 PM for the "Learners to Leaders" event. • Saturday, May 18, 2024, Noon to 11:00 PM for the Farm Market & an evening performance. • Tuesday, May 21, 2024, 4:00 to 10:00 PM for a Comedy Showcase. • Saturday, May 25, 2024, 6:00 to 11:30 PM for a concert. • Friday, May 31, 2024, 6:00 to 11:00 PM for a concert. • Saturday, June 1, 2024, Noon to 11:00 PM for the Farm Market & an evening performance. Joel Mongeon and Fionna Brennan joined the meeting via Zoom. Mr. Mongeon reviewed the events and confirmed for Commissioner Donahue that the events were taking place on the unlicensed 5th floor of Mill No. 5. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 6 Lowell License Commission | Draft Meeting Minutes for 2024.05.09 3 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: • Wednesday, May 15, 2024, 3:30 to 6:00 PM for a College of Health & Sciences reception, Allen House, 2 Solomont Way. • Thursday, May 16, 2024, 4:00 to 5:00 PM for the PERC Symposium, Emerging Technology & Innovation Center, 40 University Avenue. Patrick Fitzgibbons appeared before the Commission in meeting. He spoke about his events. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. 4 Applications by Amanda Étinge, for two "Special One Day Licenses to sell/dispense Wines and Malt Beverages only," at the Hellenic Center, 41 Broadway Street for the following: • Saturday, May 18, 2024, 6:00 PM to 1:30 AM for the Boston Veteran Soccer Gala. • Saturday, July 13, 2024, 6:00 PM to 1:30 AM for a graduation party. Amanda Étinge attended the meeting via Zoom. Commission Chair Howe asked for details and Ms. Étinge explained she would have about 200 attendees at each event, and that the graduation party was for 30‐year‐old adults graduating college. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. 5 Application by Derrick Hardin for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for Benny's Backyard BBQ Celebration & Benefit, to be held Saturday, May 18, 2024, from 6:00 PM to Midnight at UTEC, 35 Warren Street. Derrick Hardin spoke to the Commission in Council Chambers. He explained that his event is a fundraiser for his new business. He noted that he would have two TIPS Certified bartenders for about 150 guests at UTEC, and that UTEC required this. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 6 Application by Cristiane Pinheiro, sole proprietor of Trem Caipira Restaurant Inc., for a Common Victualler License for 19 Hurd Street. Cristiane Pinheiro went in front of the board and spoke about her restaurant. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 5 yeas, APPROVED. 7 Public hearing on the amended application by Sonesta International Hotels Corporation, all alcoholic beverages restaurant licensee, for a ‘change of officers’ for premises at 30 Industrial Avenue East. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 6 Lowell License Commission | Draft Meeting Minutes for 2024.05.09 *Correction: this was not a public hearing, but an approval of the amendment to the application, which was already approved in public hearing. Attorney Whitney Gilling appeared before the Commission to review the changes to their application: they had previously submitted an application signed by a corporate officer who was not recognized by the ABCC. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 8 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." Attorney Kate Bargnesi appeared before the Commission. She explained that the transaction is a routine change of corporate officers, and that the license manager would not be changing. 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 Taing. 5 yeas, APPROVED. 9 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." Attorney David Reppucci represented Panela Restaurant at the hearing. Mr. Reppucci reviewed the application. Commissioner Donahue asked if the Dept. of Revenue and Division of Unemployment Certificate were available yet, to which Attorney Reppucci responded in the negative. At the public hearing, no one spoke in favor of or in opposition to granting the license. Move approval, on condition of DOR and DUA being supplied, by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 10 Public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Worthen House Cafe Inc., 141‐145‐147 Worthen Street. Penny Hamourgas appeared in City Council Chambers before the Commission. She explained that she wanted to make the outdoor seating that was allowed during the COVID emergency a permanent part of her premises. 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 Taing. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 6 Lowell License Commission | Draft Meeting Minutes for 2024.05.09 11 Continuation of a 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. At the hearing held by the License Commission on May 9, 2024, the following individuals appeared before the licensing board: Peter Tamajong, Alcohol License Manager for MBOA Alliance LLC, Officer Kingan of the Lowell Police Department. Captain Peaslee of the Lowell Police Department, and Assistant City Solicitor Thomas Wood. Captain Peaslee read Superintendent Gregory Hudon’s request for the hearing into the record. MBOA Alliance LLC co‐owner and Alcohol License Manager, Peter Tamajong, corroborated the incident as outlined in the police complaint, agreeing that persons were on site after closing time (02:00 AM) and were consuming alcohol after closing time. Mr. Tamajong provided his account of the evening. Officer Kingan confirmed that he was passing by the premises when he saw someone inside drinking from a bottle, and that he entered the establishment and confirmed the bottle contained alcohol. The officer confirmed that alcoholic beverages were on tables and in hands as the officers walked through the first floor. Officer Kingan also confirmed that when he asked to see the list of employees for the night, the owners and managers were not able to supply that. The Commission found that the failure to remove all patrons between 1:30 and 2:00 AM, and the failure to remove all open alcohol during this time constitutes a violation of Lowell License Commission Regulations 2.01, 2.14, and 1.06. The License Commission further determined that the Licensee did not have a list of employees or a schedule of employees for the day available. [Regulation 1.16]. The Commission noted that the Licensee appeared before the Commission on April 13, 2023, and on November 30, 2023, for hearings on violations of some of the same regulations, particularly Regulations 2.01, 2.14, and 1.06. The Commissioners reviewed some of the transcripts of the prior hearings and noted that at that each of the prior hearings, the license manager stated to the Commission that 1) he understood these regulations, 2) that they would follow the regulations, and 3) “this will not happen again.” After hearing the witnesses and reviewing the evidence, the Commission voted to suspend the Licensee’s all alcoholic beverages restaurant license for four consecutive days, to be served on May 23, through and including May 26, 2024. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 6 Lowell License Commission | Draft Meeting Minutes for 2024.05.09 Motion to suspend MBOA Alliance LLC’s alcoholic beverages license for four days made by Commissioner Donahue and seconded by Commissioner Taing. On a roll‐call vote, the Commissioners unanimously approved the four‐day suspension. Motion that the sentence be served on May 23rd, 24th, 25th, and 26th, 2024, made by Commissioner Donahue and seconded by Commissioner Mercier. 5 yeas, APPROVED. 12 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 public hearing be continued on May 23, 2024, at 6 PM. Motion by Commissioner Mercier to take Agenda Items #12 through 17, together seconded by Commissioner Donahue. Motion made by Commissioner Mercier to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Donahue. 5 yeas, APPROVED. 13 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Kandon Inc [d/b/a] The Old Court Irish Pub and Restaurant, 29 Central Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 23, 2024, at 6 PM. Motion by Commissioner Mercier to take Agenda Items #12 through 17, together seconded by Commissioner Donahue. Motion made by Commissioner Mercier to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Donahue. 5 yeas, APPROVED. 14 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 23, 2024, at 6 PM. Motion made by Commissioner Donahue to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Krieger. 5 yeas, APPROVED. 15 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Warp and Weft LLC, for premises at 197 and 189 Market Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 23, 2024, at 6 PM. Motion by Commissioner Mercier to take Agenda Items #12 through 17, together seconded by Commissioner Donahue. Motion made by Commissioner Mercier to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Donahue. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 6 Lowell License Commission | Draft Meeting Minutes for 2024.05.09 16 Request for a public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for Mariachi Foods Inc [d/b/a] El Potro Mexican Grill, 124 Merrimack Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 23, 2024, at 6 PM. Motion by Commissioner Mercier to take Agenda Items #12 through 17, together seconded by Commissioner Donahue. Motion made by Commissioner Mercier to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Donahue. 5 yeas, APPROVED. 17 Request for a hearing for an application by DCASSB Inc., LLC [d/b/a] All Star Lounge, David Cruz Colon, proposed license manager for an "All Alcoholic Beverages" restaurant license for premises at 160 Merrimack Street. It is requested that legal notice be published in the local newspaper, and public hearing to be held on May 23, 2024, at 6 PM. Motion made by Commissioner Krieger to hold a public hearing at the May 23, 2024, meeting of the Lowell License Commission, seconded by Commissioner Taing. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Donahue made a motion to adjourn at 18:53, 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 6 of 6