License Commission

Lowell License Commission | Meeting Minutes for 2024.07.11 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, July 11, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/OjyJHb_yP‐A?si=7VMBOq0enwxe‐‐Pd ROLL CALL: 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 June 13, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, June 13, 2024; seconded by Commissioner Mercier. 4 yeas, APPROVED. 1 Ratification of an application by Patrick Fitzgibbons, Aramark, for a "Special One Day License to sell/dispense Malt Beverages & Wines" for the City of Lowell's 4th of July Fireworks at LeLacheur Park, 450 Aiken Street. Mr. Fitzgibbons appeared before the Commission in Council Chambers Motion to ratify by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. Agenda Items 2 through 5, were taken together are repeat annual applications for Amplification Permits: 2 Application by Aniyyah Boone, Lowell Community Health Center, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for live and recorded music to be held Wednesday, August 7, 2024, from 11:30AM to 1:30PM at 161 Jackson Street. 3 Applications by Lee Viliesis, Lowell Festival Foundation, for "Special Events Permits for Amplified Outdoor Public Entertainment," for the 2024 Lowell Folk Festival, to be held on July 25 for soundcheck, and 26, 27, 28, 2024, at Boarding House Park, JFK Plaza & Arcand Drive, & Market Street. 4 Application by Robin Dupell, Cobblestones, for 3 "Special Events Permits for Amplified Outdoor Public Entertainment," for Live Music during the 2024 Lowell Folk Festival, to be held after 6:15 PM on July 26, 27, 28 at the dead end outside Cobblestones, 91 Dutton Street. 5 Application by Joe Carreiro, El Potro Mexican Grill, for an "Special Events Permit for Amplified Outdoor Public Entertainment," for Live Music to be held Saturday, July 27, 2024, from 6:15 to 9 PM at 124 Merrimack Street. Robin Dupell from Cobblestones and Joe Carreiro from El Potro Mexican Grill appeared in person; Aniyyah Boone joined via Zoom and Lee Viliesis Joined the meeting in Council Chambers and spoke with the Commissioners on the record, after the matter was voted on and approved by the Commission at Commissioner Krieger’s suggestion. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 5 Lowell License Commission | Meeting Minutes for 2024.07.11 Taken Individually: 6 Application by Amanda Étinge, for two "Special One Day License to sell/dispense Wines and Malt Beverages only," for the MECUDA‐USA Convention from 7 PM to 1:30 AM on Friday and Saturday, July 19 & 20, 2024, at the Hellenic Center, 41 Broadway Street. Amanda Étinge joined the meeting by Zoom. At Commission Chair Howe’s request, she explained that ‘MECUDA’ stands for a tribe in Cameroon, that raises funds for education for people in Cameroon. Ms. Étinge confirmed that her regular, TIPS Certified bartenders would be operating both days of the event. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, APPROVED. 7 Applications by Joel Mongeon for four "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, September 19, 2024, 4:00‐10:00 PM for the E for All Entrepreneurial Pitch Contest. • Saturday, October 12, 2024, Noon‐11:30 PM for a Market & Concert. • Saturday, October 26, 2024, Noon‐11:30 PM for a Market & Concert. • Wednesday, October 30, 2024, 4:00‐10:00 PM for the E for All Entrepreneurial Showcase. Mr. Mongeon appeared before the Commission via Zoom. None of the Commissioners had questions about these events, which are regular occurrences at Mill No. 5. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. 8 Application by Jonathan Northridge, Lowell Humane Society, for a "Special One Day License to sell/dispense Wines and Malt Beverages" and for a "Special Events Permits for Amplified Outdoor Public Entertainment," for the "Lowell Humane Society's Muddy Paws 5K & Block Party" to be held on Sunday, August 18, 2024 from 11AM to 2PM at Lowell Human Society, 951 Broadway Street. Mr. Northridge appeared before the Commission in Council Chambers to represent the Lowell Humane Society. Commissioners asked about the race, and Mr. Northridge noted that police detail would be in attendance at both the race and the block party afterwards. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, APPROVED. 9 Applications by Corey Belanger, Lowell Festival Foundation, for 8 "Special One Day Licenses to sell/dispense Alcohol" on festival grounds at the 2024 Lowell Folk Festival, to be held on July 26, 27, 28. • JFK Plaza ‐ Arcand Drive "All Alcoholic Beverages" : Friday 6‐10:00PM; Saturday 12‐10:00PM; Sunday 12‐6PM • John Street at Boarding House Park "Beer & Wine" : Friday 6‐10:00PM; Saturday 12‐10:00PM; Sunday 12‐6PM. • Market Street Stage "Beer & Wine" : Saturday 12‐9PM & Sunday 12‐6PM. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 5 Lowell License Commission | Meeting Minutes for 2024.07.11 Mr. Corey Belanger appeared before the Commission, and gave a quick run‐down of the two beer gardens and the special “Folk Festival mixed drink.” Mr. Belanger explained that this year would be just like last year – with a premixed and professionally portioned lemonade in JFK Plaza. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. Agenda Items 10 through 12 were taken together as repeat annual Folk Festival applications for restaurants extending alcohol service to additional outdoor seating areas with Amplification permits: 10 Application by Scott and Jacqui Pelletier for 3 "Special One Day Licenses to sell/dispense Malt Beverages & Wines" and for 3 "Amplified Outdoor Public Entertainment" permits during the Lowell Folk Festival. Service and entertainment to be held outside on an expanded seating area July 26, 27, and 28, 2024, at Fuse Bistro, 45 Palmer Street. 11 Application by Penny Hamourgas for 2 "Special One Day Licenses to sell/dispense Malt Beverages & Wines" and for 3 "Amplified Outdoor Public Entertainment" permits during the Lowell Folk Festival. Service and entertainment to be held July 26, 27, 28, 2024, at Worthen House, 141 and 152 Worthen Street, including the parking lot, approved outdoor seating, and attached alley. 12 Application by Patricia Donahue for a "Special One Day Licenses to sell/dispense Malt Beverages & Wines" during the Lowell Folk Festival. Service to be held in permitted outside seating area July 27, 2024, at Gallery Z, 167 Market Street. Penny Hamourgas from The Worthen and Scott Pelletier from Fuse Bistro appeared in person, and Patricia Donahue joined the meeting via Zoom. Commissioner Donahue noted that he is no relation to the applicant sharing his surname. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. Agenda Items 13 through 15 were taken together as new applications for Sidewalk Stands during Folk Festival: 13 Application by Shannon Arenburg, Pizzelle Bakery, for a "Sidewalk Stand Permit" for their business at 201 Market Street, seasonally from July 20th to October 30th, 2024. Application includes dates and times for Folk Fest 2024. 14 Application by Ken Michienzi, The Merrimack Textile Company, for a "Sidewalk Stand Permit" for their business at 57 Market Street, for Folk Fest 2024. 15 Application by Bernard Aquiar, Mill City Mercantile, for a "Sidewalk Stand Permit" for their business at 51 Market Street, for Folk Fest 2024. Shannon Arenburg appeared before the Commission in person; Mr. Michienzi and Mr. Aquiar did not (due to a communications error). Motion to approve all three applications on condition that the two absent appear to ratify at the next meeting, made by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. Taken Individually: City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 5 Lowell License Commission | Meeting Minutes for 2024.07.11 16 Amend 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 with Sohil Patel to represent Dhairya Inc. Ms. Judkins reviewed the amendments to their application. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. 17 Public hearing for an application by CEC Entertainment LLC [d/b/a] Chuck E. Cheese, Zachary Small, proposed license manager for a "Wines and Malt Beverages" restaurant license as well as Common Victualler for premises at 199 Plain St. Unit 5. No one appeared before the Commission. Motion to continue hearing at the July 25, 2024, License Commission meeting by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, APPROVED. 18 Public hearing to amend the premises for an "All Alcoholic Beverages" Restaurant license for New Star MA Inc [d/b/a] Koto Restaurant, Deven Kenison, License Manager, 76 Merrimack Street. Mr. Pyers informed the Commission that the applicant failed to meet Massachusetts General Law requirements in notifying their abutters, and that the applicant would have to re‐advertise the application to amend their premises before a public hearing could be held. No action was taken by the Commission. Agenda Items 19 through 21 were taken together as requests for hearings at the next meeting of the Lowell License Commission on July 25, 2024, at 6 PM: 19 Request for a public hearing to amend a "Wines and Malt Beverages" package store license for Shreya and Saloni Corporation [d/b/a] Country Farms, premises at 494 Westford Street. It is requested that legal notice be published in local newspaper, and public hearing be held on July 25, 2024, at 6 PM. 20 Request for a public hearing to amend an "All Alcoholic Beverages" Restaurant license for Warp and Weft LLC, premises at 197 and 189 Market Street. It is requested that legal notice be published in local newspaper, and public hearing be held on July 25, 2024, at 6 PM. 21 Request for a public hearing to amend an "All Alcoholic Beverages" restaurant license for Still Thirsty LLC [d/b/a] Thirsty First Tavern, premises at 103 Market Street. It is requested that legal notice be published in local newspaper, and public hearing be held on July 25, 2024, at 6 PM. Motion made by Commissioner Mercier to hold a public hearing at the July 25, 2024, meeting of the Lowell License Commission, seconded by Commissioner Donahue. 4 yeas, APPROVED. Lastly: 22 Communication from Gregory Hudon, Superintendent of Police, dated June 16, 2024, regarding allegations of misconduct charged against Hot Pot District LLC, d/b/a Hot Pot, 135 Middlesex Street, City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 5 Lowell License Commission | Meeting Minutes for 2024.07.11 Unit 5, Vicki Nguyen, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred June 24, 2024, regarding failure to comply with all laws and regulations, including legal hours of operation and illegal activities. It is requested that a hearing be held on July 25, 2024, at 6 PM to determine whether Hot Pot District LLC has violated certain provisions of Massachusetts General Laws (M.G.L.) and the Alcoholic Beverages Regulations for Licenses Issued in the City of Lowell. Motion made by Commissioner Mercier to hold a disciplinary hearing at the July 25, 2024, meeting of the Lowell License Commission, seconded by Commissioner Krieger. 4 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:21, seconded by Commissioner Howe. 4 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 5