License Commission

Lowell License Commission | Meeting Minutes for 2024.09.26 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, September 26, 2024, at 6:00 PM, and by Zoom. Video of this meeting is available: https://www.youtube.com/watch?v=LEqbiGi1DPM&t=576s ROLL CALL: On a roll call at 18:00, members present were, namely: Commission Chair Howe, Commissioner Krieger, and Commissioner Donahue. Commissioner Mercier and Commissioner Taing were absent. MINUTES: 0 Acceptance of the meeting minutes for September 12, 2024. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, July 25, 2024; seconded by Commissioner Donahue. 3 yeas, 2 absent, APPROVED. 1 Application by Peter Crewe, City of Lowell Director of Cultural Events, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for 'Pumpkins and Pints @ MonsterBash,' to be held on Saturday, October 26, 11AM‐6PM, at Enterprise Bank Lot, 222 Merrimack Street. Mr. Crewe appeared before the Commission. Commissioner Krieger asked if “pints” in the event name inferred alcohol – and asked if an alcohol license had been applied for. Mr. Crewe explained that PJ Mercier of Navigation Brewery would be applying for the alcohol license for this event. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 2 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. Mr. Atabong’s cousin, Paulinus Mbong, joined the meeting via Zoom. He reviewed the family event, noting that he expected 100‐150 attendees and explained that Ms. Amanda Étinge would be managing the alcohol and that she always used 3‐4 TIPS Certified bartenders. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 3 Application by Merrimack Repertory Theatre for "Special One Day License to sell/dispense Malt Beverages and Wines only," during pre‐show and intermission for fifteen performances of "The Search for Intelligent Life in the Universe," thirteen performances of "Mary Shelly's Frankenstein," thirteen performances of "A Christmas Carol," fifteen performances of "Lady Day at Emerson's Bar and Grill," fifteen performances of "The Comedy of Hamlet," and fifteen performances of "What You Are Now" at Lowell Memorial Auditorium, 50 East Merrimack Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 3 Lowell License Commission | Meeting Minutes for 2024.09.26 Chris Torres and John Dyson appeared before the Commission and reviewed the upcoming season for the Merrimack Repertory Theatre. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 4 Application by Edward Danis, LLC Manager of Cristina Restaurant LLC [d/b/a] Starwings To Go, for a Common Victualler License for 5 Merrimack Street. Mr. Danis joined the meeting via Zoom. He spoke about his American‐Dominican restaurant. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 5 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. Co‐owner Estefani Aguilar and proposed License Manager, Danne Villanueva, appeared before the Commission. They spoke about their small chain of family‐owned restaurants and discussed their experience. Mr. Villanueva explained that he is the license manager for the Chelsea store, and has been for ten years. At the hearing, no one spoke in favor or opposed to the application. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 3 yeas, 2 absent, APPROVED. 6 Application by Sonesta International Hotels Corp. for a change of license manager for the “all alcoholic beverages hotel” licensee. Mildre Gonzalez, proposed license manager, for premises at 30 Industrial Ave. East. Mildre Gonzalez appeared before the Commission. Commissioner Howe noted that her resume showed extensive experience in the industry and with alcohol. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 3 yeas, 2 absent, APPROVED. 7 Application by L'Aigle D'Or Inc [d/b/a] Bowlero for a change of license manager for the “all alcoholic beverages restaurant” licensee. Denise Wilson, proposed license manager, for premises at 647 Pawtucket Blvd. Ms. Wilson appeared before the Commission and reviewed her experience; she noted that she had every certification possible and that her employees are TIPS Certified on their first day. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 8 Communication from Captain Peaslee regarding an ABCC Compliance check at the Blue Shamrock. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 3 Lowell License Commission | Meeting Minutes for 2024.09.26 Motion to accept the Communication by Commissioner Donahue; seconded by Commissioner Krieger. 3 yeas, 2 absent, APPROVED. 9 Request to reopen the August 22, 2024, violation hearing regarding allegations of misconduct that 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. Communication from Solicitor Thomas Wood, dated September 24, 2024, seeks to clarify the License Commission's findings and decision in the August 22, 2024, hearing for Blue Shamrock Inc., 105 Market Street, Nicholas Petrakos, License Manager, all alcoholic beverages restaurant licensee. Commission Chair Howe questioned the procedure used to draft the notice of decision. Then the Commissioner established that the ‘notice of decision’ had not been sent to the Alcoholic Beverages Control Commission. Commission Chair Howe expressed surprise that the Commission’s determination at the hearing on August 22, 2024, was unclear; she then stated that there was no violation. Commissioner Donahue clarified the motion he made at the August 22, 2024, hearing, stating that “if (he) had indicated that there was a responsibility on either of the two counts, (he) would have said that.” He further stated that he did not believe the Commission found the Blue Shamrock responsible. Commissioner Krieger stated that he believed the matter was “well ventilated.” Commissioner Howe expressed the need for a meeting with the City Solicitor and the City Manager. Captain David Peaslee of the Lowell Police Department noted that the Police Department had not requested clarification of the matter and noted that the ABCC Compliance Check (agenda #8) was not related to the violation hearing (agenda #9). Motion to place the matter on file as is, and that the Commission take no further action, by Commissioner Krieger; seconded by Commissioner Donahue. 3 yeas, 2 absent, APPROVED. 10 2025 Schedule of Meetings of the Lowell License Commission Motion to accept the Schedule, with a request to add a meeting in December if scheduling conflicts with other boards can be overcome, by Commissioner Krieger; seconded by Commissioner Donahue. 3 yeas, 2 absent, APPROVED. ADJOURNMENT: Commissioner Donahue made a motion to adjourn at 18:29, seconded by Commissioner Krieger. 5 yeas, APPROVED. Submitted by: John Pyers Executive Secretary ✻ City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 3