License Commission

Lowell License Commission | Meeting Minutes for 2024.08.22 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, August 22, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/tif55QLk2pQ?si=g8QRVKxfvM7hVHKU 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 August 8, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, August 8, 2024; seconded by Commissioner Donahue. 5 yeas, APPROVED. 1 Application by Stanley Tabi, for two "Special One Day Licenses to sell/dispense Malt Beverages & Wines." The first for Saturday, August 24, and the second for Saturday, September 14, 2024. From 8 PM to 12:30 AM at the Hellenic Center, 41 Broadway Street. Mr. Tabi joined the meeting via Zoom. He spoke about each of the events – both Celebrations of lives well lived. He explained that the events would each have 3 bartenders for about 300 people. Commission Chair Howe asked if they would be TIPS Certified, to which Mr. Tabi said ‘yes.’ Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 2 Application by Pauline Minch, St. Michael's Parish, for a "Special One Day License to sell/dispense Malt Beverages and Wines" for a Saint Michael Parish Auction on Friday, September 27, 2024, from 6:30 to 9:00 PM at 12 Sixth Street. Ms. Minch appeared before the Commission in Council Chambers. She reviewed her event and confirmed that she has held the license previously. She also confirmed for Commissioner Donahue that her bartenders are TIPS Certified. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 5 yeas, APPROVED. 3 Applications for public amusement licenses for carnival by John Flynn of Fiesta Shows, at Regatta Field, 381‐501 Pawtucket Blvd., Friday, September 20 through Sunday, September 29, 2024. Hours for all dates are 1:00 PM to 11:00 PM. Mr. Flynn went before the Commission to describe his upcoming event, which he noted would be just like the carnival he held earlier in the year. He spoke about the parking situation on Pawtucket Boulevard in response to a line of questioning by Commissioner Krieger. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 4 Application by Patrick Fitzgibbons, Aramark, for a "Special One Day License to sell/dispense Malt Beverages & Wines" for a Research Symposium from 5‐7 PM on Thursday, September 12, 2024, at University Crossing, 220 Pawtucket Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 3 Lowell License Commission | Meeting Minutes for 2024.08.22 Mr. Fitzgibbons spoke to the Commission in person and noted that he does not know if AI is going to destroy the world. Move approval by Commissioner Donahue; seconded by Commissioner Taing. 5 yeas, APPROVED. 5 Application by Daniel Sesay, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a movie premiere from 7 PM to 1:30 AM on Saturday, August 31, 2024, at the Hellenic Center, 41 Broadway Street. Mr. Daniel Sesay participated in the meeting by Zoom. He responded to Commissioner Howe’s questions, namely explaining that he anticipates 150 attendees for his 4 Certified bartenders. He noted for Commissioner Mercier that the movie was one of his own – a documentary about Sierra Leone. Move approval by Commissioner Taing; seconded by Commissioner Mercier. 5 yeas, APPROVED. 6 Application by Sreynuon Neang, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for Live and Recorded Entertainment for the Center for Hope & Healing Back to School Event, to be held Thursday, August 29, 2024, from 3PM to 6PM at 15 Hurd Street. Ms. Srey Neang appeared before the Commission. She discussed her event and also the mission of her non‐profit organization. Move approval by Commissioner Donahue; seconded by Commissioner Taing. 5 yeas, APPROVED. 7 Application to transfer a Secondhand Motor Vehicles – Used Car Dealer, Class II license, for Ramex Auto Corp., Stefane Reis Felix, President, for premises at 511 Middlesex Street. Applicant did not appear before the Commission. 8 Violation hearing regarding a communication from Gregory Hudon, Superintendent of Police, dated August 5, 2024, regarding allegations of misconduct charged against The Middle Street Village Inc., d/b/a The Village Smokehouse, 98 Middle Street, Alan Kaplan, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred August 3, 2024, regarding failure to comply with all laws and regulations, including access to premises by police and agents. Communications between council for The Middle Street Village Inc., and the City of Lowell Law Department were discussed. A letter from the council for The Middle Street Village, Inc. requesting that the hearing be continued was reviewed. Motion to include unprivileged email communications in the record made by Commissioner Mercier, seconded by Commissioner Krieger. On a rollcall vote the Commission voted 5‐0 to include these unprivileged emails in the record. Motion to continue the hearing at the September 12, 2024, meeting was made by Commissioner Krieger and seconded by Commissioner Donahue. 5 yeas, APPROVED. 9 Violation hearing regarding a communication from Gregory Hudon, Superintendent of Police, dated August 6, 2024, regarding allegations of misconduct charged against Blue Shamrock Inc., 105 Market Street, Nicholas Petrakos, License Manager, all alcoholic beverages restaurant licensee. Allegations of misconduct occurred August 2, 2024, regarding failure to comply with all laws and regulations, including Massachusetts General Laws (M.G.L.) c 138 s34, Age Limits. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 3 Lowell License Commission | Meeting Minutes for 2024.08.22 At the hearing held by the License Commission on August 22, 2024, the following individuals appeared before the licensing board: Nicholas Petrakos, Alcohol License Manager for Blue Shamrock Inc., Attorney Michael Zaim for Blue Shamrock Inc., Detective Tom Feehan of the Lowell Police Department, Detective Connor Elmore of the Lowell Police Department, Lt. Ray Cormier of the Lowell Police Department, and Assistant City Solicitor Thomas Wood. Attorney Zaim waived the reading of Superintendent Gregory Hudon’s request for the hearing and accepted it as a matter of record; License Commission agreed. Attorney Zaim recounted the events of the night as they were told to him by the licensee and did not contest the police reports and letter of complaint, which state the violation is ‘serving underage persons.’ He suggested that the fake IDs are extremely difficult to spot, in that the pictures match the person and have their real names and addresses, and some have barcodes that are recognized by ID software. Commissioner Donahue noted that it might be more effective for the LPD to charge the perpetrators to reduce the number of instances of fake IDs.i Detectives Feehan and Emore also recounted their movements and actions during the compliance check. All parties agreed that it is becoming increasingly difficult for technology to identify false identification. Attorney Zaim and City Solicitor Wood discussed the application of M.G.L. C138 s.34, which considers the challenges with fake IDs and requires the violation of law to be considered; and legal precedent. Mr. Petrakos reviewed the actions he has taken to test his door staff since the compliance check and noted that he has ordered a different ID verification software with the hopes that it will be better. The Commission agreed with the interpretation of C138 s.34 presented by the lawyers, and on a rollcall vote the Commission voted 5‐0 to place the matter on file. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:52, seconded by Commissioner Donahue. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ i These meeting minutes were approved at the 9/12/2024 License Commission meeting on condition that this sentence be added to the minutes. Moved by C. Krieger, Seconded by C. Mercier. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 3