License Commission

Lowell License Commission | Meeting Minutes for 2024.07.25 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, July 25, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/O5b1xCzO8Ek?si=yTQPCwChCBg0lfEL 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 July 11, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, July 11, 2024; seconded by Commissioner Donahue. 4 yeas, APPROVED. 1 Application by Sheila Mume, for a "Special One Day License to sell/dispense Malt Beverages & Wines" for Sheila's Graduation Party on Saturday, August 10, 2024, from 7 PM to 1:30 AM at the Hellenic Center, 41 Broadway Street. Ms. Mume joined the meeting via Zoom. Commission Chair Howe confirmed with the applicant that she would have four TIPS Certified bartenders handling the alcohol for 150 to 200 people. Ms. Mume also confirmed that the party was for her own graduation. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. Agenda Items 2 through 6 taken together: Sidewalk Stand Permits. 2 Ratification for an application by Ken Michienzi, The Merrimack Textile Company, for a "Sidewalk Stand Permit" for their business at 57 Market Street, for Folk Fest 2024. 3 Ratification for an application by Bernard Aquiar, Mill City Mercantile, for a "Sidewalk Stand Permit" for their business at 51 Market Street, for Folk Fest 2024. 4 Application by Laura Lamarre Anderson, Lala Books, for a seasonal "Sidewalk Stand Permit" for the Lowell Folk Festival and through October 2024, for their business at 189 Market Street. 5 Application by Pina Amato, Coffee Mill Emporium, for a "Sidewalk Stand Permit" for their business at 23 Palmer Street, for Folk Fest. 6 Application by Mark Coddaire [d/b/a] Marx Running & Fitness, for a "Sidewalk Stand Permit" for the Lowell Folk Festival and through October 2024, for their business at 118 to 122 Merrimack Street. Ken Michienzi, Bernard Aquiar, Laura Anerson, Pina Amato, and Mark Coddaire all appeared before the Commission in Council Chambers. With everything in order, the Commission had no questions for the applicants. 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 6 Lowell License Commission | Meeting Minutes for 2024.07.25 Agenda Items 7 through 9 taken individually. 7 Applications by Lily Leonard for 3 “Amplified Outdoor Public Entertainment” permits, for the 2024 Lowell Kinetic Sculpture Race on Saturday September 21, 2024, at Sampas Pavilion, Lot A off Hall Street, and Market Street at Palmer Street. Lily Leonard and Bianca Mauro appeared on behalf of BRM. Lily summarized their event, and the Commission noted that this event has been held annually for several years. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, APPROVED. 8 Application by Taylor Schlacter, Patriot Care Corp., for a “Special Events Permit for Amplified Outdoor Public Entertainment,” for recorded music and MC for a Lowell Cannabist Block Party, to be held Saturday August 24, 2024, from Noon to 4 PM on the grounds at 70 Industrial Avenue East. Commissioner Donahue asked if the event had been held before, to which Mr. Schlacter said yes and noted that this would be the third year. He noted that in the past 60 to 100 people attended over the 4 hours, and that it’s never been a big crowd. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, APPROVED. 9 Application by Alan Kaplan, The Smokehouse Tavern, for 2 “Special Events Permits for Amplified Outdoor Public Entertainment,” for Recorded Music during the 2024 Lowell Folk Festival, to be held after 6:15 PM on July 27 and 28 at 98 Middle Street. Co‐owner Timothy Kelleher appeared before the Commission instead of Alan Kaplan. Mr. Kelleher noted that this would be the 15th year that the Smokehouse would be participating in Folk Fest, and that their plans for the event are the same as previous years. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, APPROVED. Agenda Items 10 through 12 taken together: repeat applications for “One‐Day Alcohol” licenses. 10 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: • Friday, July 26, 2024, 3‐5 PM: “Lowell State of Mind” Reception. • Friday, August 16, 2024, 6‐9 PM: “Community Clay” Reception. • Saturday, August 17, 2024, 3‐5 PM: “Sculpture 2024” Reception. • Saturday, September 28, 2024, 3‐5 PM: “Untold Stories” Reception. Mr. Syverson appeared before the Commission; he was unable to account for the artist’s “State of Mind.” Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, APPROVED. 11 Applications by Amanda Étinge, for two “Special One Day Licenses to sell/dispense Wines and Malt Beverages only,” for: a Thanksgiving Celebration from 7 PM to 1:30 AM on Saturday, August 3, 2024 and a Wedding Reception from 7 PM to 1:30 AM on Sunday, August 4, 2024, at the Hellenic Center, 41 Broadway Street. Amanda Étinge participated in the meeting via Zoom. She confirmed for the Commissioners that there would be about 160 attendees for the Thanksgiving Celebration and about 70 attendees for the City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 6 Lowell License Commission | Meeting Minutes for 2024.07.25 wedding. She also confirmed that she would be using her regular, TIPS Certified, bartenders for both events. Move approval by Commissioner Mercier; seconded by Commissioner Krieger. 4 yeas, APPROVED. 12 Applications by Joel Mongeon and Fionna Brennan 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: • Saturday, October 19, 2024, Noon‐11:00 PM for a Market & Concert. • Saturday, November 2, 2024, Noon‐11:00 PM for a Market & Drag Show. • Saturday, November 9, 2024, Noon‐11:00 PM for a Market & Concert. • Saturday, November 16, 2024, Noon‐11:00 PM for a Market & Concert. Joel Mongeon joined the meeting via Zoom. He confirmed that all his bartenders are TIPS Certified. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. Agenda Items 13 through 16 taken individually as large events. 13 Application by Elizabeth Gonzalez, for two "Special One Day License to sell/dispense Malt Beverages & Wines" and two “Amplified Outdoor Public Entertainment" permits for the Lowell Puerto Rican Festival, to be held on Saturday and Sunday, August 3 & 4, 2024, from noon to 9 PM at JFK Plaza, 50 Arcand Drive. Elizabeth Gonzalez appeared before the Commission in Council Chambers. She reviewed the event and stated that they typically have about 2500 attendees over the two days; they confine alcohol to a tent with walls and security – and that their bartenders are TIPS Certified. She confirmed for Commissioner Howe that she has held this license before. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, APPROVED. 14 Application by Sheunesu Moyo, for a "Special One Day License to sell/dispense Malt Beverages & Wines" and an “Amplified Outdoor Public Entertainment" permit for the Multicultural Festival on Saturday, August 10, 2024, from 11 AM to 7 PM at JFK Plaza, 50 Arcand Drive. Sheunesu Moyo appeared before the Commission, and spoke about his event. He confirmed for the Commissioners that he anticipated 200 to 250 attendees and would have four certified bartenders providing the alcohol service. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 4 yeas, APPROVED. 15 Application by Matthew Lawson, of the Mike McNeil Organization, for a "Pub Crawl License," for the ‘Mike McNeil Crawl for a Cure,’ to be held on Saturday, September 26, 2024, from 5:00 PM to Midnight in Downtown Lowell. Matthew Lawson appeared before the Commission. Mr. Lawson reviewed the annual event, held to benefit Mass General Cancer Center. At Commissioner Krieger’s request, he reviewed their “bailout” process for helping participants who need help for one reason or another. Mr. Lawson also touched upon the training that they give their volunteers to keep the event safe. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. Agenda Items 16 through 18 taken together as additional Folk Festival "One‐Day Alcohol" licenses. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 6 Lowell License Commission | Meeting Minutes for 2024.07.25 16 Application by Corey Belanger, Lowell Festival Foundation, for 2 additional "Special One Day Licenses to sell/dispense Malt Beverages and Wines" on St. Anne's Church grounds on Saturday and Sunday, July 27 & 28, from Noon to 6 PM. 17 Application by Anthony Contarino and Nicole Comtois for 3 "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for expanded sidewalk seating during the Lowell Folk Festival on July 26, 27, and 28, 2024, at TreMonte Pizzeria, 44 Palmer Street. 18 Application by Deven Kenison for 3 "Special One Day Licenses to sell/dispense Malt Beverages & Wines" for permitted sidewalk seating during the Lowell Folk Festival on July 26, 27, and 28, 2024, at Koto, 76 Merrimack Street. Corey Belanger, Nicole Comtois, and Deven Kennison appeared before the Commission. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 4 yeas, APPROVED. Agenda Items 19 through 24 taken individually. 19 Continue 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. Jayda Moss and Zachary Small appeared before the Commission. Zach Small spoke about his experience with the company and his experience with alcohol service. At the hearing, no one spoke in favor or opposed to the application. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. 20 Public hearing to amend an "All Alcoholic Beverages" Restaurant license for Warp and Weft LLC, premises at 197 and 189 Market Street. Amendments include change of license manager and change of ownership interest. Attorney Michael Zaim appeared before the Commission with Craig Faulkner and Christina Nikolopoulos, the proposed license manager, to represent Warp and Weft LLC. Mr. Zaim reviewed their application. Commission Chair Howe inquired after Ms. Nikolopoulos’ experience with alcohol and was told that she was in the process of becoming TIPS Certified. Attorney Zaim noted that they still needed to obtain the DOR and DUA Certificates for their application package. At the hearing, no one spoke in favor or opposed to the application. Move approval, on condition that final documents including DOR and DUA Certificates are provided, by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. 21 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. Amendments include change of corporate officers and change of ownership interest. Attorney Tom Truax appeared before the Commission with Kalpesh Kumar Patel to represent Shreya and Saloni Corp. Mr. Truax reviewed the amendments to their application. At the hearing, no one spoke in favor or opposed to the application. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 4 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 6 Lowell License Commission | Meeting Minutes for 2024.07.25 22 Public hearing to amend outdoor premises on an "All Alcoholic Beverages" restaurant license for Still Thirsty LLC [d/b/a] Thirsty First Tavern, premises at 103 Market Street. Applicants and co‐owners Bernadette Goose and Christine Widtfelt appeared before the Commission. They reviewed the amendments to their outdoor premises. At the hearing, no one spoke in favor or opposed to the application. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 4 yeas, APPROVED. 23 Application to amend a Secondhand Motor Vehicles – Used Car Dealer, Class II license, for Mr. Nice Guys Auto Sale and Repair Inc., Change of Corporate Officers, Amr Mohamed, President, and Sabeur El Euchi, Vice President, for premises at 147 Cambridge Street. Applicants and co‐owners Amr Mohamed and Sabeur El Euchi appeared before the Commission. They reviewed the change in ownership for the corporation, and the need to update the license. At Commissioner Donahue’s request, they explained that they would only be repairing their own cars. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, APPROVED. 24 Violation hearing regarding allegations by Lowell Police Department of misconduct charged against Hot Pot District LLC, d/b/a Hot Pot, 135 Middlesex Street, 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. At the hearing held by the License Commission on May 9, 2024, the following individuals appeared before the licensing board: Vicki Tuquyen Nguyen, Alcohol License Manager for Hot Pot District LLC, Attorney Maurice Mason for Hot Pot District LLC, 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. Attorney Maurice Mason, corroborated the incident as outlined in the police complaint, agreeing that persons were on site after closing time, 02:00 AM. Attorney Mason also suggested that he was concerned that unrelated disputes between the City (as landlord) and Hot Pot District LLC (as tenant) could impact the proceedings. The License Commissioners each noted in turn that only one Commissioner knew of any landlord troubles concerning the Licensee. Commission Chair, Martha Howe, noted that the appropriate place to discuss landlord/tenant issues was housing court or Lowell District Court, not Lowell License Commission. Commission Chair also noted that the rental dispute is separate and unrelated to the matter at hand. In addition, Assistant City Solicitor Wood noted that his role as a legal advisor to the License Commission was separate and independent from the unrelated landlord/tenant legal dispute, and that the City was represented in that dispute by a different Assistant City Solicitor, Timothy French, who specializes in property disputes. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 6 Lowell License Commission | Meeting Minutes for 2024.07.25 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 noted that the matter at hand – closing time – is not an issue unique to the licensee, and that other licensees have recently been subject to public hearings and repercussions resulting from violations of the law. After hearing the witnesses and reviewing the evidence, the Commission voted 4‐0 (one absent) to place the matter on file, as described above, because it was a first offense. Motion to place the matter of Hot Pot District LLC’s violation of alcoholic beverages law on file made by Commissioner Donahue and seconded by Commissioner Mercier. On a roll‐call vote, the four Commissioners present unanimously APPROVED the motion. Agenda Items 25 and 26 taken together: requests for hearings. 25 Request for a public hearing for an application by MJ Convenience Inc [d/b/a] Angelina's Convenience, Jackline Pipim, proposed license manager for transfer of an "All Alcoholic Beverages" package store license for 1350 Middlesex Street. It is requested that legal notice be published in local newspaper, and public hearing be held on August 8, 2024, at 6 PM. 26 Request for a public hearing for an application by Coco Luna LLC [d/b/a] The Overlook, James Lichoulas, proposed license manager, for a new "All Alcoholic Beverages" Restaurant license for premises at 250 Jackson Street #1. It is requested that legal notice be published in local newspaper, and public hearing be held on August 8, 2024, at 6 PM. 27 Request for a public hearing for an application by The Lass Stop LLC, Kai Zheng, proposed license manager, for a new "All Alcoholic Beverages" Restaurant license for premises at 245 Central Street. It is requested that legal notice be published in local newspaper, and public hearing be held on August 8, 2024, at 6 PM Motion made by Commissioner Donahue to hold public hearings at the August 8, 2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 4 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:50, 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 6 of 6