License Commission

Lowell License Commission | Meeting Minutes for 2024.09.12 – FINAL APPROVED This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, September 12, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/live/TLEmhaH_y_E?si=‐NUtrBMr5KjtfCtE 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 22, 2024. C. Krieger requested the quote from the Smokehouse Hearing: “Commissioner Donahue noted that it might be more effective for the Lowell police department to charge the perpetrators to reduce the number of instances of fake IDs” be added to the minutes. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, August 8, 2024, with the addition of Commissioner Donahue’s comments on fake licenses; seconded by Commissioner Mercier. 5 yeas, APPROVED. 1 Application by Juan Breton, Latinx Community Center, for a "Special Events Permit for Amplified Outdoor Public Entertainment" for live music and cultural performances, to be held at the Lowell Hispanic & Latinx Festival, September 28, 2024, from 1 to 9 PM at Boarding House Park. Juan Breton joined the meeting via Zoom. He reviewed the event and noted that this is the third time the annual Latinx Festival is being held. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 5 yeas, APPROVED. 2 Application by Maya Shah, Director of GURJAR, the Gujarati Association of New England, for a "Special Events Permit for Amplified Outdoor Public Entertainment" for the ‘Gurjar Heritage Festival,’ to be held Saturday, September 14, 2024, Noon to 6:00 PM at Sampas Pavilion, 160 Pawtucket Boulevard. Maya Shah appeared before the Commission in Council Chambers. She spoke about her annual event, which has been held for the last six years, not including the COVID years. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 3 Application by Samantha Miller, sole proprietor of Psychic Readings, for a Fortune Teller License for 546 Rogers St. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 4 Lowell License Commission | Meeting Minutes for 2024.09.12 – FINAL APPROVED Samantha Miller spoke to the Commission about her business and explained that her mother had owned and operated the business for about 25 years. She explained that her primary enterprise is in Brookline, but that she wanted to keep and operate the business in Lowell for entertainment. Move approval by Commissioner Taing; seconded by Commissioner Mercier. 5 yeas, APPROVED. 4 Applications by Steve Syverson, for three "Special One Day Licenses to sell/dispense Wines only," for the following events at Arts League of Lowell, 307 Market Street: • Saturday, September 14, 2024, 3‐5 PM: "Draw Lowell: Confluence" Reception. • Sunday, October 20, 2024, 3‐5 PM: "Frozen Yellowstone: 3 Perspectives" Reception. • Saturday, December 14, 2024, 3‐5 PM: "Creative Gifting: Holiday Gifts" Reception. Mr. Syverson spoke about his art show receptions to the Commission. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 5 Application by Alain Atabong, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a family reunion from 7 PM to 1:30 AM on Saturday, September 28, 2024, at the Hellenic Center, 41 Broadway Street. Applicant did not appear before the Commission. 6 Application by John Herbert, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for an engagement party from 4 to 10 PM on Saturday, September 21, 2024, at the Old American Legion, 684 Westford Street. John Hebert appeared before the Commission and spoke about his event – an engagement party for his daughter & future son‐in‐law. He explained that his bartenders were TIPS Certified. Move approval by Commissioner Krieger; 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. Stefane Felix appeared before the Commission and spoke about her business. She explained that the cars on the street in front of her business were not hers. She also noted that she would not exceed the number of cars stated on her license. Move approval by Commissioner Krieger; seconded by Commissioner Mercier. 5 yeas, APPROVED. 8 Application to transfer a Secondhand Motor Vehicles – Used Car Dealer, Class II license, for Crane Deals Inc., Christopher Mukiibi, President, for premises at 66 Canada Street. Christopher Mukiibi appeared before the Commission. The Commission noted that the lots for that address are a mess and need attention. Mr. Mukiibi noted that the cars on the street did not belong to his business. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 4 Lowell License Commission | Meeting Minutes for 2024.09.12 – FINAL APPROVED Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. 9 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. At the hearing held by the License Commission on September 12, 2024, the following individuals appeared before the licensing board: Alan Kaplan, Liquor License Manager and co‐owner for The Middle Street Village, Inc. Tim Kelleher, Co‐owner and shift manager for The Middle Street Village, Inc. Attorney Travis Jacobs, legal counsel for The Middle Street Village, Inc. Captain David Peaslee, of the Lowell Police Department. Detective Tom Feehan, of the Lowell Police Department. Lieutenant Steve Coyle, of the Lowell Police Department. Assistant City Solicitor Thomas Wood Attorney Jacobs waived reading the complaint into the record. The hearing began with a review of the primary video file, narrated by Attorney Jacobs, then Detective Feehan and Lieutenant Coyle were asked to review their actions and the incident. The officers established the order of events, and that they follow the same routine each time they perform a compliance check, namely: 1) Notify Dispatch / CAD, 2) Announce LPD entry, and 3) Attempt to enter. M.G.L. Ch 138 §63A Hindering or Delaying an investigator. Most of the discussion during the hearing focused on “the amount of time” the Lowell Police Department was held up at the door and prevented entry. Captain David Peaslee clarified for the Commission that the crime of hindering a police officer is not dependent on the amount of time they are hindered. Commissioner Howe reviewed the definition of “hinder.” Three Commissioners chose to speak on the matter and state their agreement that the police were hindered. Significant discussion centered on “what the police were wearing.” It was established that LPD officers wore standard vice non‐uniform, clothing, marked with LPD badge, their firearm, their badge, and other accessories. Lieutenant Coyle noted that they have worn the same approved outfit regularly to many compliance checks, including to previous compliance checks at the Licensee’s premises. Further, he confirmed for the Commission that he and the other officers, including Detective Feehan, have done compliance checks multiple times with the same doorman at the entrance – with no previous issues. There was additional discussion on Police protocol & procedure. Captain Peaslee and Lieutenant Coyle both spoke to Lowell Police Department procedure/policy for entry on a compliance check for liquor licensees: ultimately that it is common sense to announce themselves and their purpose and to immediately enter as he is legally authorized to do as a Lowell Police Officer and as an agent of City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 4 Lowell License Commission | Meeting Minutes for 2024.09.12 – FINAL APPROVED the License Commission. The primary concerns about being hindered at the door pertain to illegal activity being hidden during delays and officer safety. The License Commission determined that the Licensee was responsible of the stated violation of 1.14 Access to Premises by police and agents, because an employee of the Licensee hindered the entry of the police into the premises. After hearing the witnesses and reviewing the evidence, a motion was made by C. Donahue and seconded by C. Krieger that they found a hinderance and to suspend the Licensee’s “all alcoholic beverages restaurant license” for one day, to be held in abeyance for one year. The Commission voted 5‐0, on a roll‐call vote, to APPROVE the motion. 10 Request for a public hearing for an application by Tijuana Grill LLC, Danne Villanueva, proposed license manager, for a new "All Alcoholic Beverages" Restaurant license for premises at 45 Market Street. It is requested that legal notice be published in local newspaper, and public hearing be held on September 26, 2024, at 6 PM. Motion made by Commissioner Taing to hold public hearings at the September 26, 2024, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 5 yeas, APPROVED. ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 19:00, seconded by Commissioner Donahue. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 4