Licensing Board

CITY OF SALEM, MASSACHUSETTS ROBERT M. ST. PIERRE, CHAIRMAN LICENSING BOARD PAUL FLORES DEBORAH A. GREEL 93 WASHINGTON STREET 2nd FLOOR SALEM, MA 01970 MELISSA PAGLIARO, KIMBERLEY DRISCOLL TEL. 978-619-5631 CLERK OF THE BOARD MAYOR FAX 978-744-1279 LICENSING BOARD MEETING MINUTES A meeting of the Salem Licensing Board was held on Monday, May 20, 2019 at 6:00 p.m., at City Hall Annex, 98 Washington Street in the first-floor meeting room. Present were: Chairman Bob St. Pierre, member Deb Greel, Clerk of the Board, Melissa Pagliaro, Special Investigator, Sgt. Doyle and City Solicitor Elizabeth Rennard. Absent was member Paul Flores. 1. Application for multiple Street Performers Licenses. Applicants: Christopher Carpenter, Dennis Dulong, Jr., Kimball Harris, Richard Furr, Jr., John Foerter, Carol Ann Ciulla & Sue Feilteau. All the applicants said they read, understood and signed the Rules & Regulations. Sgt. Doyle said there have been some complaints about Mr. Furr and asked him to control his volume and move around instead of sitting in the same place. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 2. Application for a blanket license for the 2019 Farmers Market and the 2019 Arts Festival. Applicant: Kylie Sullivan. Ms. Sullivan said that they are only having one winery this year for the Farmers Market and all the documentation for 1624 Meadery has been submitted. She said the Arts Festival will expand a bit this year and go down the ped mall with entertainment in Klopp Alley as well and some events at 289 Derby Street. She said there are details all set for the One Day Liquor License. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 3. Application for a One Day Liquor License at the North Campus Quad, SSU 352 Lafayette St on June 1 from 6-9 pm for an Alumni Event for 450 people. Brenna Ruchala presented the application. She said the campus police will be handling the details and there will be four beer vendors present for the event. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 4. Application for a One Day Liquor License at Winter Island on June 23 from 11:00 am - 8:00 pm for the Annual Greek Picnic for 200 people. Lane Norquist presented the application. He said that all of the paperwork is in order and that a police detail has been arranged. He said the event will be the same as in past years. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 5. Application for a One Day Liquor License at Salem Willows on August 17 & 18 from 11:00 am - 7:00 pm for the Annual Salem Jazz & Soul Festival for 6000 people. Ian Cannon presented the application. He said he is seeking permission to use the pavilion at Salem Willows as in past years for the event. He said he has received permission from the Park & Rec Department. Ms. Greel said she hopes funding continues for this great event. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 6. Application for three (3) One Day Liquor Licenses at ROOT on Congress St. on May 21 from 5:30-9:30 pm for a Kickoff party for 100 people, Salem Athenaeum on Essex St. on June 2 from 3-5:00 pm for the Annual Garden Party for 100 people and Salem Park & Rec. on June 27, July 25 and August 29 at Winter Island for Drive-In events from 6-10:30 pm for 200 people. George McCabe presented the applications. He said that all but one is for non-profits. He said that all paperwork is in order for the events applied for. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 7. Application for several One Day Liquor Licenses all at the Gables, 115 Derby St. Applicant: The House of the Seven Gables. *June 8 – Winetasting Fundraiser, Seaside Lawn for 200 people *June 22 – Wedding for 130 people *July 4 – Member Firework Viewing for 200 people *July 7 – Small lawn, Reading of Hawthorne for 100 people *July 19 – Rehearsal Dinner for 40 people *August14 – Reception for 100 people *September 15 – Fundraiser/Wine tasting for 250 people *September 7 – Wedding for 70 people *September 21 – Wedding for 180 people Deb Costa presented the application and said that all paperwork was in order and payments have been for submitted. Ms. Greel motioned to approve the applications. Mr. St. Pierre seconded. Motion carries. 8. Application for a Pledge of a Liquor License. Applicant: Nolo Opus, Washington St. Melissa from Attorney Jill Mann’s office presented the application for a pledge to Salem Five. Ms. Pagliaro said that all of the paperwork in in order. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 9. Application for a Change of Manager. Applicant: Palmer’s Cove Yacht Club. Robert Strasnick presented the application. Ms. Pagliaro said that all of the paperwork is in order. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 10. Application for a Change of Manager. Applicant: Gulu-Gulu, Essex St. Michael Sands, proposed manager and Steve Feldman, owner presented the application. Mr. Sands said he has been managing restaurants for 15 years. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 11. Application for a One-day Entertainment License on June 1 from 2-4 pm for The Red Herring Dance Co. at the Big Fountain on Essex St. and near Old Town Hall. Ms. Pagliaro said that as long as the calendar is clear of other events on that date there will not be an issue. She will double check with the Planning Department. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 12. Application for Multi Faith Festival for a blanket license for entertainment and vendors on July 4 from 1-5:00pm at the Tabernacle Church, Hawthorne Blvd. Presented the application. He said that this year it will be on Hawthorne Blvd and that the Council has given the approval to close the street for the event. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 13. Application for a one-day Entertainment License to allow outside amplified music on June 22 from 4-9pm for the Annual After Pride Party, Derby Street. Applicant: Brodie’s Seaport. Joel Votto presented the application. He said the Pride committee held the after party in the past at Murphy’s and would like to have it at Brodie’s this year. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 14. Application for a one-day Entertainment License to allow outside amplified music on June 9 from12-6pm for the Annual Polish Fest, Derby Street. Applicant: Notch Brewing Chris Lohring presented the application. He said this will be the 3rd Annual Polish Festival held at Notch. He said there will be a 6-piece amplified band. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 15. Application to amend an Entertainment License to include up to a 5-piece amplified band. Applicant: The Lafayette Club, Broadway. Rob Scribner presented the application. He said the Club would like to add some live entertainment with a band of up to 5 pieces that will be amplified. He said they have an older clientele and it won’t be anything crazy. He said right now they have a band looking to rehearse there. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 16. Application for a Change of Manager, Transfer of Stock and a Change of Beneficial Interest. Applicant: Ugly Mug, Washington St. David Babcock presented the application. He said that he has taken over all the stock in the restaurant and Diane Wolf is no longer a part of the business. Ms. Pagliaro said she will go through the paperwork before submitting it to the ABCC. Ms. Greel motioned to approve the application contingent on all of the paperwork being complete. Mr. St. Pierre seconded. Motion carries. 17. Application for a Common Victualler License and an Entertainment License. Applicant: La Delicia Restaurant, Congress St. Miliciados Pichardo presented the application. He said that he is the new owner of the restaurant at 75 Congress St. and still owns the restaurant at 88 Congress St. He said they will be open from 7am-9pm and serve breakfast as well. He said they will only have a TV & radio. Ms. Greel motioned to approve the application. Mr. St. Pierre seconded. Motion carries. 18. Review and vote on Outdoor Merchandise Facility Regulations for B5 (Downtown) District. Ms. Rennard spoke about the need for some regulations in the B5 district. She said she is going to have Kate Newhall Smith from the Planning Dept. Speak about the new regulations. Kate said that she is the new principal planner and after the new year the Planning Dept. started looking at the existing regulations and began to amend those regulations to create a set that would apply to all of the B5 district. She said that not everyone has the space to do the same thing outside of their business. Ms. Greel asked about past issues with mannequins not being dresses used as displays. Kate said that wasn’t thought of but can be worded in the regulations. Kate said in general these regulations what can and cannot be done outside on City land. She said we want to support businesses, but everyone has to be considerate that it is a public way. Ms. Rennard suggested that the Chairman open the discussion up to the public audience. Mr. Chairman asked if anyone would like to speak on this matter. Two members of the audience did. Joan Brennan, owner of Witch’s Tees said that her concerns are the size and that if something happens to her, her children or spouse that would take over would have no rights and they would not be able to continue to run the business the way it is now. Kate said as it stands now the regulations would not allow for  anyone to take over the outdoor facility Joan currently has. Mr. St. Pierre said he does see the point in the family issue. Ms. Rennard suggested that language about an immediate family member could be written in the regulations. Kate also said that the regulations were updated to increase the size of pushcarts that were originally proposed. Rinus Oosterthok from the Salem Chamber of Commerce also spoke. He said he would like to mention a couple of observations. He asked about variances and grandfathering in and said the regulations look pretty black and white. Ms. Rennard and Ms. Greel said the LB would not do that and the regulations will stand as is. Rinus also asked about extending the trial period thru 2020. Ms. Rennard said this year will be a trial year and then it will be re-evaluated after. Rinus also asked about a couple of business’ being grandfathered in with the carts they use as signage. Ms. Rennard and Ms. Greel said that signage has its own process and is not in this Boards jurisdiction. Rinus said that along with these regulations he would like to see better enforcement of trash, clean up and cars & trucks for deliveries on the ped mall. Sgt. Doyle said he would bring those issues that relate to police to the Chief and Ms. Rennard said she would reach out to DPS. William Legault said he would like to speak briefly. He said that the ped mall has changed a lot over the last 10-12 years and that some of the changes have taken the character of the ped mall away by removing all kinds of things. He said some of the clutter is what gives the downtown character. He said it is a shame that benches have been removed. Ms. Greel said it us up to the businesses to sell themselves and she understands his feeling on the benches being removed. Sgt. Doyle said that there is a police perspective to the tables and benches being removed downtown. Mr. Greel made a motion to approve the regulations after a change is made to reflect if a business owner passes away their kinship will be able to continue on. Mr. St. Pierre motioned to approve. Motion carries. 19. Review and select one of three (3) Request for Proposal applicants for one available Wine & Malt License. *PZA Pizza Group, Lafayette St. *La Delicia Restaurant, Congress St. *Nicole Burke, North St., 96 North St. Ms. Rennard said that she thinks regardless of one being awarded the RFP, she thinks it can be a win win situation for everyone. She said of the three applicants the best fit seems to be for PZA Pizza group. She said however, the other two applicants should apply for seasonal licenses and then can petition the Council to have them converted to annual licenses. Ms. Greel motioned to approve Ms. Rennard’s recommendation to award the license to PZA. Mr. St. Pierre seconded. Motion carries. 20. Old/New Business: NEW: Sgt. Doyle said that there has been another incident at Village Tavern and that he will be working on request to bring them in before the Board. Ms. Greel motioned to approve Sgt. Doyle’s request to bring them before the Board. Mr. St. Pierre seconded. Motion carries. 21. Approval of Meeting Minutes from April 8, 2019. Mr. Greel motioned to approve the minutes. Mr. St. Pierre seconded. Motion carries. 22. Adjournment: Mr. St. Pierre adjourned the meeting. Melissa Pagliaro Clerk of the Board Know your rights under the Open Meeting Law M.G.L. c. 30A and City Ordinance Sections 2-2028 and through 2-2033