License Commission

Lowell License Commission | Meeting Minutes for 2025.04.17 This meeting was held in City Council Chambers, second floor, City Hall, 375 Merrimack St. on Thursday, April 17, 2025, at 6:00 PM, and by Zoom invitation. Video of this meeting is available: https://www.youtube.com/live/yLs7snOWDrg?si=I_Z_iNL8e3sFMaBt 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 joined the meeting in person at 18:02. MINUTES: 0 Acceptance of the meeting minutes for March 27, 2025. Commissioner Krieger made a motion to approve the minutes for the meeting of Thursday, March 6, 2025; seconded by Commissioner Mercier. 4 yeas, 1 absent (C. Taing), APPROVED. 1 Applications by Lily Leonard for 3 "Amplified Outdoor Public Entertainment" permits, for the 2025 Lowell Kinetic Sculpture Race on Saturday September 20, 2025 at Sampas Pavilion, Lot A off Hall Street, and Market Street at Palmer Street. Ms. Leonard joined the meeting via Zoom. Commission Chair Howe noted that this annual event has been held for many years successfully. Commissioner Donahue asked if the format would be the same as previous years, which Ms. Leonard confirmed. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 4 yeas, 1 absent (C. Taing), APPROVED. [C. Taing arrived directly after this vote and before the next agenda items was read into the record.] 2 Application by Andrew Jacobson, for three "Special Events Permit for Amplified Outdoor Public Entertainment," for Live Music at Brew'd Awakening, 61 Market St. First event: The Town & The City Festival on Saturday, April 26, 2025, from 2:30 to 5 PM. Second: Spring Jam Sessions on Saturday, May 3, 2025, from Noon to 3 PM. Third: Coffee Vibes on Saturday May 10, 2025, from 4 to 8 PM. Mr. Jacobson reviewed each of his events, two of which are in collaboration with the City of Lowell. Move approval by Commissioner Taing; seconded by Commissioner Krieger. 5 yeas, APPROVED. 3 Application by James O'Hearn, for Pollard Memorial Library Foundation, for a "Special One Day License to sell/dispense Wines and Malt Beverages only," for a ‘Meet the Author Night featuring Casey Sherman.’ Event to be held on Wednesday, May 14, 2025, from 6 to 8 PM in Memorial Hall at the Pollard Memorial Library, 401 Merrimack Street. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 1 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 Jamie O’Hearn appeared before the Commission in Chambers. Mr. O’Hearn provided an overview of the featured author at Commissioner Krieger’s request. Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 4 Application by Amy St. Hilaire for a "Special Events Permit for Amplified Outdoor Public Entertainment," for the ‘15th Annual UKG 5K,’ to be held on Wednesday, May 7, 2025, from 6:00 to 8:00 PM at 900 Chelmsford Street. Ms. St. Hilaire participated in the meeting by Zoom. She reviewed her annual event. Move approval by Commissioner Donahue; seconded by Commissioner Mercier. 5 yeas, APPROVED. 5 Applications by Vinny Boungnasy for a "Special One Day License to sell/dispense Malt Beverages and Wines Only" and for two "Amplified Outdoor Public Entertainment" permits for the Wat Lao Mixayaram Annual Lao New Year Celebration on Saturday & Sunday, April 19-20, 2025, from Noon to 6 PM on Temple Grounds, 45 Bernier Street. Amplification starts at 10 AM both days and alcohol is only on Sunday. [Agenda items 5 & 6 were taken together by the Commission.] 6 Applications by Vinny Boungnasy for two "Special One Day License to sell/dispense Malt Beverages and Wines Only" and for two "Amplified Outdoor Public Entertainment" permits, for the Wat Lao Mixayaram Annual Fundraising Festival on Saturday and Sunday, July 5-6, 2025, from Noon to 8 PM on Temple Grounds, 45 Bernier Street. At Commission Chair Howe’s request, agenda items 5 & 6 were taken together. Mr. Boungnasy stated that he anticipated 150 attendees at each day of each event and that he would have 4 TIPS Certified bartenders at each of the events involving alcohol. Commissioner Taing asked if Sunday, April 20th would be the last day of the New Year, which Mr. Boungnasy confirmed. Commissioner Donahue confirmed with the applicant that these events have been held for many years. At Commissioner Donahue’s request, Captain David Peaslee of the Lowell Police Department noted that there have never been any issues at these annual events. [Agenda items 5 & 6 were taken together by the Commission.] Move approval by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 7 Application by Robin Dupell, for a "Special Events Permit for Amplified Outdoor Public Entertainment," for Live Music for Spring Jam Sessions on Saturday, May 3, 2025, from 2 to 6 PM at Cobblestones, 91 Dutton Street. Ms. Dupell joined the meeting via Zoom. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 2 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 8 Application by Gloria Pichardo and Amada Gregory for a "Special One Day License to sell/dispense Malt Beverages and Wines Only" for the first Dominican Festival of Lowell, to be held Saturday, June 14, 2025, from Noon to 9PM on JFK Plaza, 50 Arcand Drive. Ms. Gregory and Ms. Pichardo appeared before the Commission with Marta Pagan. At Commissioner Howe’s request, Ms. Gregory revealed that she anticipated 500 to 1000 attendees and would have 3 TIPS Certified bartenders. The applicants noted that Ms. Pagan, who had operated last year’s Puerto Rican Festival in JFK Plaza would be managing the Beer Tent for the Dominican Festival. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 9 Applications by Robert Dorris for Aramark at Tsongas Center, for two "Special One Day Licenses to sell/dispense Malt Beverages and Wines only," for the following events on UMass Lowell's campus: • Friday, April 25, 2025, 5:00 to 7:00 PM for the Marketing, Entrepreneurship, & Innovation Faculty end of year dinner, Alumni Hall, 84 University Avenue. • Thursday, May 22, 2025, 4:00 to 6:00 PM for an Educator's Reception for the Fine Arts Department, Coburn Hall, 850 Broadway Street. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 10 Application by Suzanne Hodge, for a "Special One Day License to sell/dispense Wines only," for the opening reception for their cultural exhibition "Proleung Khmer: A 50-year Journey of Remembrance and Resilience" on Wednesday, April 30, 2025, from 4:30 to 7:30 PM at the Loading Dock Gallery, 122 Western Avenue. Ms. Hodge joined the meeting via Zoom. She stated that she expected about 100 participants and would have two TIPS Certified bartenders. At Commissioner Taing’s request, she reviewed the event and its honorees. Move approval by Commissioner Taing; seconded by Commissioner Krieger. 5 yeas, APPROVED. 11 Application by Jeff Venuti of Blisspoint LLC [d/b/a] Blisspoint Meadery, a Farmer Winery, for Licenses to sell at two Farmer's Markets in Lowell. The first Market is at the "Lowell Farmers Market" on Fridays from June 20 to October 24, 2025, from 1 to 5 PM, outside at 350A Dutton Street. The second Market is at the "2025 Farm Market" on Sundays from April 20 to December 31, 2025, from 10 AM to 1 PM, at Mill No. 5, 250 Jackson Street. Commissioner Howe noted that Mr. Venuti has held these licenses several times in the past. Move approval by Commissioner Donahue; seconded by Commissioner Krieger. 5 yeas, APPROVED. 12 Application by Time Out Café LLC, Yvette Anil de Hernandez, LLC Manager, for change of ownership interest & change of business structure from Sole Proprietor to LLC for the Common Victualler at 72 Merrimack St. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 3 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 Ms. Hernandez appeared before the Commission in Council Chambers. Motion to submit all appropriate paperwork by Commissioner Krieger; Motion to approve by Commissioner Mercier; seconded by Commissioner Krieger. 5 yeas, APPROVED. 13 Application for a Secondhand Motor Vehicles – Used Car Dealer, Class II license, for Pelletier's Auto Repair LLC, Marc Pelletier, President, for premises at 256 Smith Street. Mr. Marc Pelletier joined the meeting in person with Ray Pelletier. At Commission Chair Howe’s inquiry, the Secretary noted that the applicant needs his Bond to operate. Commissioner Donahue asked after the property – to clarify that the applicant’s premises are properly maintained, which they are. Move approval, contingent on the applicant providing the required bond, by Commissioner Donahue; seconded by Commissioner Taing. 5 yeas, APPROVED. 14 Application by Benedito Alcantara, of Sergeant Burgers LLC, for a Common Victualler License for 1671 Middlesex Street. Mr. Alcantara appeared before the Commission with his restaurant manager, Nathan Freire. They spoke about their business and their hope to expand in the community. Move approval by Commissioner Taing; seconded by Commissioner Mercier. 5 yeas, APPROVED. 15 Public hearing for an application by Mariachi Foods Inc [d/b/a] El Potro Mexican Grill, for alteration of premises of the "All Alcoholic Beverages" restaurant license for 124 Merrimack Street. Mr. Carreiro, License Manager of Mariachi Foods Inc., appeared before the Commission in person. He reviewed the plans to expand the interior premises for the alcohol licensee. At the hearing, no one spoke in favor or in opposition to the application. Move approval by Commissioner Mercier; seconded by Commissioner Donahue. 5 yeas, APPROVED. 16 Public hearing for an application by Prathna Inc. [d/b/a] Prathna's Convenience for a change of location for the "Malt Beverages and Wines" package store license to 186 Branch Street. Mr. Sam, License Manager and owner of Prathna Inc., appeared before the Commission. He reviewed his plan to move the convenience and package store. Commissioner Mercier asked why he decided to move and Mr. Sam explained that his landlord sold is current location to a developer who was putting in housing. At the hearing, no one spoke in favor or in opposition to the application. Move approval by Commissioner Mercier; seconded by Commissioner Taing. 5 yeas, APPROVED. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 4 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 17 Public hearing continued for an application by L&G 2004 Inc. [d/b/a] Mandarin Asian Bistro, Shiliang Lin, proposed license manager for transfer of an "All Alcoholic Beverages" restaurant license for 24 Market Street. Shiliang Lin and their lawyer Russ Chin appeared before the Commission with a translator via Zoom to continue their hearing from the April 17, 2025, meeting. Attorney Chin noted that the hearing was continued to give the applicant an opportunity to bring a translator so that he could provide responses to the License Commission’s questions. Commissioner Howe stated that the first question they needed a response to was the question of the applicants (proposed license manager’s) residence, currently in New York. Mr. Chin confirmed that M. Lin would be moving if the license was approved. Commissioner Howe followed up, restating another question from the April meeting, requesting clarification on the applicant’s experience with Alcohol. Attorney Chin explained that the applicant had the opportunity to serve alcohol while he was a sushi chef at various places of employment. At the hearing, no one spoke in favor or in opposition to the application. Move approval by Commissioner Krieger; seconded by Commissioner Taing. 5 yeas, APPROVED. 18 Violation hearing 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 March 1, 2025, regarding failure to comply with all laws and regulations, including Massachusetts General Laws (M.G.L.) c 138 s34, Age Limits. Mr. Alan Kaplan and Mr. Tim Kelleher, owners of The Village Smokehouse, appeared before the Commission. Attorney Jacobs had sent a letter to the Commission requesting a continuance of the hearing to May 1, 2025, due to a scheduling conflict. Lowell Police Department Captain Peaslee requested the hearing be continued on May 15, 2025, instead due to a scheduling conflict. Move to continue hearing at the next License Commission meeting by Commissioner Krieger; seconded by Commissioner Donahue. 5 yeas, APPROVED. 19 Violation hearing 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 March 1, 2025, regarding failure to comply with all laws and regulations, including Massachusetts General Laws (M.G.L.) c 138 s34, Age Limits. Mr. Nick Petrakos appeared before the Commission in Council Chambers. Captain David Peaslee read the Lowell Police Department complaint into the record. Mr. Petrakos provided a review of how his staff is organized to prevent alcohol from being served to underage persons. He noted that the handheld license scanners are not infallible, and that he has trained his bartenders to recognize fake identification with the use of a penlight and blacklight. Further discussion of the use of doormen City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 5 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 using the license scanners involved one of his doormen, Chris Noonan, who was not working on the night in question. Mr. Noonan demonstrated what results were produced when fake IDs provided by the Lowell Police Department were scanned in front of the Commission in meeting. Detective Johnny Sann, of the Lowell Police Department assisted with these tests, and provided a description of what he saw in the Blue Shamrock that night. Mr. Petrakos further noted that no underage persons present in the premises were drinking. He then asked what the violation would be, if there were no underage persons consuming alcohol. Commission Chair Howe reviewed the statute. Commissioner Krieger noted that Mr. Petrakos seemed to be working the problem and that he couldn’t identify the violation. Commissioner Donahue requested that City Solicitor Wood provide an argument showing that a violation took place. After some discussion on the possible interpretations of “furnishing alcohol,” Solicitor Wood offered to present a review of case law in writing before the next meeting of the License Commission so that they would be able to continue the hearing with this knowledge. Commissioner Mercier and Captain Peaslee asked that a list of employees from the night and payroll for the night showing which employees were paid for the night be provided to the Commission. Commissioner Taing noted that he would like the opportunity to speak with the Doorman from that night. Commissioner Krieger noted that Lowell requires food service in any establishment licensed to serve alcohol on premises. Move to continue hearing by Commissioner Krieger, contingent on the Solicitor providing the legal memorandum, as described, to the Commission and to the Licensee by May 1, 2025. Hearing will be continued at the May 15, 2025, License Commission meeting; seconded by Commissioner Howe. 5 yeas, APPROVED. 20 Communication from Gregory Hudon, Superintendent of Police, dated April 7, 2025, 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 March 29, 2025, regarding failure to comply with all laws and regulations, including Massachusetts General Laws (M.G.L.) c 138 s34, Age Limits. It is requested that a hearing be held on May 1, 2025, at 6 PM to determine whether The Middle Street Village Inc. 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 Krieger to hold public hearings at the May 15, 2025, meeting of the Lowell License Commission, seconded by Commissioner Taing. 5 yeas, APPROVED. 21 Communication from Gregory Hudon, Superintendent of Police, dated April 8, 2025, 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 March 29, 2025, regarding failure to comply with all laws and regulations, including Massachusetts General Laws (M.G.L.) c 138 s34, Age Limits. It is requested that a hearing be held on May 1, 2025, at 6 PM to determine whether Blue Shamrock Inc. has violated certain provisions of M.G.L. and the Alcoholic Beverages Regulations for Licenses Issued in the City of Lowell. City of Lowell License Commission | 375 Merrimack St. Lowell, MA 01852 Page 6 of 7 Lowell License Commission | Meeting Minutes for 2025.04.17 Motion made by Commissioner Taing to hold public hearings at the May 15, 2025, meeting of the Lowell License Commission, seconded by Commissioner Mercier. 5 yeas, APPROVED. 22 Request for a public hearing for an application by MBOA Alliance LLC [d/b/a] Sahel Restaurant & Lounge to alter licensed premises for the "All Alcoholic Beverages" restaurant license at 135 Central Street. It is requested that legal notice be published in the local newspaper, and the public hearing be held on May 1, 2025, at 6 PM. Motion made by Commissioner Mercier to hold public hearings at the May 1, 2025, meeting of the Lowell License Commission seconded by Commissioner Taing. 5 yeas, APPROVED. 23 Request for a public hearing for an application by New Star MA Inc [d/b/a] Koto Restaurant to alter the licensed premises for the "All Alcoholic Beverages" restaurant license at 76 Merrimack Street. It is requested that legal notice be published in local newspaper, and public hearing be held on May 1, 2025, at 6 PM. Motion made by Commissioner Donahue to hold public hearings at the May 1, 2025, meeting of the Lowell License Commission and to request that the licensee bring their license scanner to that hearing, seconded by Commissioner Mercier. 5 yeas, APPROVED. 24 Communication from the Commonwealth of Massachusetts Alcoholic Beverages Control Commission regarding changes to M.G.L. c138, s34B: forms of identification which licensees may reasonably rely on. [Commission to review.] 25 Communication from the Executive Secretary: Annual Club Reports for the City of Lowell. [So noted.] ADJOURNMENT: Commissioner Krieger made a motion to adjourn at 18:24, 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 7 of 7