Meeting: Salem Licensing Board held Monday September 8, 2008 at 6:00 p.m. in the third floor
conference room, 120 Washington Street. Present were Chairman Dave Shea, Members:
John Casey and Rick Lee, Special Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
*Meeting began by Councilor O’Keefe handing out a copy of the Ordinance which shows that Licensing can approve only certain hours for a business to operate. Anything before or after must go before the City Council.
Approved: Street Performers License. Applicant: Peter O’Malley
Mr. Shea asked what he does.
Mr. O’Malley said he does magic & balloons.
Mr. Shea asked if he was aware that he could only perform in the B-5 area, and what he
planned on for days and times.
Mr. O’Malley said weekends and some evenings.
Mr. Shea said he could perform until 8 p.m. and that he could see Ms. Pagliaro for
details on what the B-5 district is.
Mr. Casey asked what he would do for tips.
Mr. O’Malley said he would have a hat stationary in front of him.
Mr. Shea asked is there was any amplification.
Mr. O’Malley said he does not have an amp.
Mr. Casey motioned to approve within B-5 area with no amplification.
Mr. Lee seconded.
Approved: Street Performers License. Applicant: Royal Sorell, Jr.
Mr. Shea asked what he does.
Mr. Sorell said he does balloons, magic and mime.
Mr. Shea asked if as heard previously, he understood the area t perform and the time
limits.
Mr. Sorell said he did.
Mr. Lee motioned to approve within B-5 district until 8 p.m.
Mr. Casey seconded.
Approved: Street Performers License. Applicant: Eric Wilson
Mr. Shea asked what he does.
Mr. Wilson said that he plays blue grass music on a guitar. He said he uses
a small amplifier but can do without. He said he can do all acoustic with no amp.
Mr. She asked if he had been before the Board before.
Mr. Wilson said no but he plays in Rockport and Gloucester and would like to play
in Salem.
Mr. Shea asked about tips.
Mr. Wilson said he would have an open case on the ground.
Mr. Shea asked said that the three other members of his group would have to submit
a BOP for Lt. Oullette to run.
Mr. Casey motion to approve within B-5 district, until 8 p.m. and other members need
to complete a BOP.
Mr. Lee seconded.
Approved: Fortuneteller’s License(store-Magic Parlor). Applicant: Stephanie Young.
Also present were Sharon Fagley owner of Magic Parlor and husband, Frank.
Mrs. Fagley said this is a renewal for Ms. Young.
Lt. Oullette said that on renewals they should be going to the Cit Clerk’s Office.
Mr. Shea asked if anyone had clarification on that.
Councilor O’Keefe believed the same and said it was a check to see if the applicant owed
anything to the City.
Mr. Shea asked Ms. Pagliaro to contact the City Clerk to get clarification on the renewal
process.
Mr. Shea said until we figure this out we can go ahead and proceed with this renewal.
Lt. Oullette said that it used to be that double the fee was charged if they let the License
lapse for two or three months before they renewed it.
Mrs. Fagley said she attempted many times to renew but no one was in Licensing.
Mr. Shea asked if everything is the same.
Ms. Young said yes.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: Fortuneteller’s License(store-Bewitched). Applicant: Wilma Houston
Ms. Houston said she is transferring form one store to another.
Lt. Oullette said BOP fine and is just transferring.
Mr. Casey motioned to approve
Mr. Lee seconded.
Approved: One Day Liquor License, for seven (7) events. Applicant: Tricia Schott, Hamilton Hall.
Mr. Shea said he appreciated her coming in with several events at once. He asked that the
date and type of function be read for each event and asked if she had detail arranged and
insurance for all of the events.
Ms. Schott said that was already taken care of.
Mr. Shea said that all events appear to be weeding receptions or rehearsal dinners and all
end at 10 p.m. with the exception of one on 12/31 that will end at12 a.m.
Mr. Casey said all applications are in order and complete but that the names of the actual
person have to also appear.
Mr. Shea told Ms. Schott to give names to Ms. Pagliaro.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Approved: One Day Liquor License: Applicant Betsy Weisman, PEM
Ms. Weisman said that this was for ELMA members and potential members and their families.
Mr. Shea asked where they will be holding this.
Ms. Weisman said behind Philips Library on Sunday September 14th.
Mr. Shea said we would waive the fee because proceed will be going to Non-Profit.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: One Day Liquor License: Applicant Diana Manahan
Present: Diane Manahan and Ginny Hilderbrandt
Ms. Manahan said this is for a 3 day, old-fashioned Oktoberfest to be held on October
16th, 17th and 18th , in the lot off of Front Street. Ipswich Ale will be serving beer and there
will be a band and a variety show. TIPS trained workers will be serving the beer and checking
ID’s. They will also have a million dollar certificate of insurance naming the City as an additional insured.
Mr. Shea asked if permission was granted form the Parking Board and how drinks will ne
Served.
Ms. Manahan said they did get permission from the Parking board and that they will have
wristbands and obtain tickets to buy beer.
Mr. Shea said he had concerns about minors being able to be passed alcohol.
Ms. Manahn said that the event will be in a tented area. She also said that it will be well
controlled with wristbands and Police Officers.
She said the hours will be Friday 7-10 p.m., Saturday 12-9 p.m., and Sunday from 12-6
p.m.
Mr. Casey asked if something like this was done last year.
Ms. Manahan said yes but not a s big.
Ms. Hilderbrandt said this is a fundraiser to help Destination Salem.
Councilor O’ Keefe said that the Mayor supported this event as well as the Council.
From the audience, Mr. Pelletier said that there was an Oktoberfest years ago and that he
knows it was very successful and thinks this is long overdue and thinks it’s a great idea.
Mr. Shea said the fee can be waived for this event.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Approved: Transfer of License. Applicant: D&N Inc. d/b/a Sidelines.
Present: Attorney Nick Ambleotis and Vicki MacLean
Mr. Shea asked who is buying the business.
Att. Ambleotis said the Spiro Demakes is and he is the sole stockholder.
Mr. Shea asked if the general operations will stay the same.
Att. Ambleotis said that everything will stay exactly the same. Only the owner will be different.
He said that Vicki will continue to run it.
Mr. Casey asked if there are any encumbrances or pledges.
Att. Ambleotis said there were none.
Mr. Casey asked why Mr. Demakes was not present tonight.
Att. Ambleotis said that Mr. Demakes had emergency back surgery.
Mr. Shea asked if there had been any noted problems or issues.
Lt. Oullette said ther had been some issues with the previous owner, possibly regarding
gambling in regards to a golf machine that was on the premises.
Att. Ambleotis said that he did have some limited involvement in that and that the device has
since been removed altogether.
Mr. Shea asked if the Licensee complied once he was made aware of the issue.
Lt. Ouellette said initially he did but then plugged the machine back in.
Att. Ambleotis said that his recollection is that if the machine was plugged back in the
gambling component was removed.
Lt. Ouellette said that it should have not been used again until the Licensing Board had
made a decision.
Ms.MacLean said that she was there at the time. She said what happened was that the vendor
came in to service the machine and saw it unplugged and plugged it back in. She said the
machine is no longer on the premises.
Mr. Shea stated that there is some concern for chosen vendors and gambling.
Mr. Lee said that he has been at the establishment and noted that they were one of the first to
install an ID swipe to accurately check licenses.
Mr. Shea agreed that they seem to be very vigilant about checking all ID’s.
Mr. Shea requested that Mr. Demakes come before the Board when he is better, just for an
introduction.
Mr. Casey asked if the hours would be the same.
Att. Ambleotis said they would remain the same.
Mr. Lee motioned to accept the Transfer with all the same conditions.
Mr. Casey seconded.
Discussion: Angelica of the Angels Present: Owner Barbara Safranski and Ellen Talkowsky.
Mr. Shea asked Ms. Safranski id she knew why she was called in.
Mr. Safranski said that she did.
Lt. Ouellette said there were some problems with a vendor last year who occupied the spot out front of her store.
Mr. Shea asked Ellen Talkowsky if this was Halloween night 2007.
Ms. Talkowsky said that it was. She said the vendor refused to break own at the scheduled time which, resulted in DPW crews not being able to pass and delaying the downtown clean up.
Mr. Shea asked Ms. Safranski knew who this was.
Ms. Safranski said that she did and although she paid him, her store was not open when he was vending outside. She also said he was not aware of any problems with him.
Mr. Shea asked Ms. Safraski if she was using this person again.
Ms. Safranski said that she was not.
Mr. Shea said that pleases the Board and that there is no further discussion on this matter.
Continued: Renewal of Common Victualler License. Applicant: Claycas Corp. d/b/a Dunkin Donuts.
Present: Attorney Scott Grover, Mike Dilisio, GM, Chuck Smith, Franchise Owner, Councilor Sargent, Councilor O’ Keefe.
Mr. Shea said this was carried and over and this matter should have been heard in August but
was not. They are requesting a permanent License with the same conditions.
Councilor Sargent passed out correspondence from City Solicitor, Beth Rennard, giving
her opinion on this matter, which is that she believes commercial use is restricted.
Att. Grover said they have made every effort to comply with the conditions that the Board
ordered and the client felt as though there were no problems. He said he was not sure if the Board has had any complaints but that they simply came to get this Common Victuallers License renewed.
Councilor O’Keefe said he still has some concerns but that no complaints have been made to him.
Att. Grover said their wish is to receive their permanent Common Vic. License with the same
conditions, that is all.
Councilor Sargent said that initially there was a lot of disruption with the construction which
Mr. Lee and Lt. Ouellette observed. He said that was understandable during construction. He said that Dunkin Donuts sent someone in to clean up and they did a very good job.
He said that his main concern is of the rear entry use. He said there have been a couple of incidents with use of the rear entry. He said he would like to see them stick to the front of the building on the Commercial side so the residents can live peacefully on the resident side. He said he wants them to be successful but only asks that they do not use the back door at all unless it is an emergency.
***Discussion with Councilor Sargent to the Board about verbal agreements and Zoning from years ago***
Mr. Shea reiterated what Councilor Sargent to confirm what he was asking. He asked him if what he wanted was complete restriction of the rear entrance for any commercial use other than that of emergency.
Councilor O’Keefe said that he was not aware of Mrs. Rennards letter but that he has duty to
uphold what she says.
Att. Grover points out that it looks like the letter states that there should be no use on Paradise Ave, not the back of the building, which is not Paradise Ave.
Mr. Shea suggested that the owner of the building should be called in on this issue.
Att. Grover asked if this matter could be continued so he could speak to the owners.
Mr. Shea said that he believes that this is an issue that branches out beyond just the Licensing
Board.
Councilor Sargent agrees to a continuance but in the meantime wants Dunkin Donuts restricted from using the rear entry for any reason other than emergency.
Mr. Lee said that this would then hurt every business in that plaza.
Mr. Shea said that they would be allowed to continue operating the way that they have been until this the City Solicitor, Building Commissioner and City Engineer can all be informed and involved.
Att. Grover will notify the Landlord.
Mr. Smith asked it can be determined clearly where Paradise Ave. is
Councilor sergeant noted there was a deed restriction.
Mr. Shea we will continue this matter until the 9/22 meeting and Licensee can continue to operate as is until further notice.
Mr. Shea asked Ms. Pagliaro to contact Solicitor, Engineer and Bldg. Commissioner. He said that this issue raised questions for all business at this location. He said he would like to see another opinion from Mrs. Rennard by the next meeting.
Councilor Sargent asked if that was an opinion above and beyond what Ms. Rennard already issued.
Mr. Shea said yes as he would like to see what the outcome is of the meeting with the others.
Att. Grover said if Mrs. Rennard is serious about upholding her decision than Mr. St. Pierre
should order a Cease & Desist order for every business down there.
Lottery: 2008 Haunted Happenings Vendors.
Non-Profit: #66 – Wesley United Methodist – Troop 24 – Boy Scouts
#75 – Salem Public Education.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Novelty Vendor:
#15 and #36
Face Painter for 10/31 and 11/1/08 – space to be determined.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Approved: Application for Address Change: Applicant Joseph Duyon d/b/a Salem Auto Sales
Present: Joseph Duyon, owner and Greg DiGregorio, manager.
Mr. Duyon said that he is asking to change the address of his business from 142 Canal
Street to 17 Meadow Street. He said he will have 6 cars and 4 motorcycles. He also asked
to have Mr. DiGregorio added onto the License.
Mr. Shea asked who the owner is currently.
Mr. Duyon said that he was but wanted to add Greg onto the License.
Mr. Casey said he could not do that.
Lt. Ouellette asked if this business was connected to Shamrock Motors.
Mr. DiGregorio said that the owners of the buildings are the same.
Mr. She said that the only thing he could do was add Mr. DiGregorio on as the manager.
Mr., Shea asked if Mr. DiGregorio would be working at both Shamrock and Salem Auto.
Mr. DiGregorio said he would be.
Lt. Ouellette said that he did not have a problem he was just trying to figure out who was
connected to what.
Public Gallery- Cornelius said he owns 143 Canal Street and that he is asking that there be
no business hours after 6 p.m. He said previous garage had said they would close at 5p.m.
and would be working on cars until 10 p.m.
Public Gallery- Mr. Perkins resides at 14 Meadow Street. His concerns were for parking.
He said there is no available parking now.
Mr. Shea gave him a copy of the plot plan to show what spaces they have.
Lt. Ouellette said they do have a yard for their business use.
Mr. Shea said yellow lines need to be painted so vehicles are not on public way.
Mr. Perkins said the area is very congested. He said that he has resided there for 54 years.
He said that all of the previous business owners have worked on vehicles out on the street
even though they were prohibited to. Another issue he is concerned with is the dumping
of toxic chemicals. The FD has been called to this location several times for this.
Public Gallery- Norman, owner of building. He said the situation Mr. Perkins was
speaking of was with former owner Mr. Ortiz. He evicted him for continually breaking
the rules.
Mr. Shea said we do not need to bring up old issues but that the new conditions have to be
followed.
Mr. Shea asked how customers will know where to enter.
Mr. DiGregorio said there will be a painted arrow.
Mr. Shea asked if there was a problem with a condition that a sign be displayed for the area
which will be for customer parking.
Mr. Perkins said that he is concerned that if a bike is in that space, a customer will not park
in the designated space but in the street.
Mr. Casey motioned to approve with following conditions:
*Customer parking sign approval in 2 weeks
*Line out spaces
*No working outside
*No dumping of waste
*License for 6 cars and 4 motorcycles, interior 2 cars
*Two weeks to have new plan for lane for customer parking
*Hours Mon-Sat from 9 a.m. – 5 p.m.
Mr. Lee seconded.
Approved: Vote to extinguish DiPietro Auto Sales – Class II Auto Dealers
Mr. Letorneau said he is the husband of Paula Letorneau who is deceased. He said
That she ran the business and in this economy it is too hard for him to continue. He said
a friend offered to take it over.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: Application for Class II Auto Dealers License. Applicant Sharon Doucette d/b/a/
Oceanside Auto Sales at address of former DiPietro’s. Present: Sharon Doucette.
Mr. Casey said the conditions will remain the same. 14 cars, no boats or motorcycles,
And spaces will need to be striped out.
Mr. Shea asked if cars were against sidewalk.
Mr., Letorneau said that it is neatly landscaped.
Mr. Shea asked if Mrs. Doucette had any experience with this kind of business.
Mrs. Doucette said she did not but this a business venture.
Councilor Sosnowski said that he is concerned for the cars being diagonally facing
the hotel. He said the City is trying to do a complete facelift of that area and he is not
sure it is complimentary.
***Discussion about if it is the Auto Sales Cars or the Garage’s vehicles***
Mr. Shea said that if vehicles were lined up in noted fashion it would not be a problem.
Councilor Sosnowski said he just wants to make sure it is complimentary to the plan
for the facelift down there.
Lt. Ouellete said they should get a certified plan from a civil engineer.
Mr. Shea agreed that was a good idea and said they would have to adhere to the plan.
Public Gallery: Mr. Pelletier asked if there was a body shop in that location as well.
Mrs. Doucette said that yes there is and she would be using them for detailing of the
vehicles.
Mr. Casey motioned to approve with the following conditions:
*14 vehicles
* Striping
*Hours Monday – Saturday from 9 a.m. – 6 p. m.
Mr. Shea asked Lt. Ouellete if he could do an inspection on 10/13/2008 to make
sure striping is done.
Hearing: Wicked Howl Entertainment d/b/a The Lobster Shanty. Present: Lee Wolf, co-owner
Complaint of Alcohol being served in cans.
Lt. Ouellette said that he was notified that they were serving beer in cans. He said he went
in and observed cans on bar.
Mr. Wolf said that there are many that the wholesaler sells in cans. Some bands are Guinness, O’Doule’s and Bud Light.
Lt. Ouellete asked if the cans were delivered from the wholesaler. He said he is aware
of only being allowed to have bottles.
Mr. Shea asked who the cans were from.
Mr., Wolf said that the Bud, O’ Doule’s and Guinness comes from Seaboard in Danvers and
the Miller & Coors Light come from Merrimack in Peabody.
Mr. Shea said that the Licensing Board will notify the ABCC.
Public Gallery- William Legault said that he has been at the Lobster Shanty for 20 years
as a bartender and he has always served cans.
Public Gallery- Ms. Wolf said that she could go now and get invoices.
Mr. Shea said she could bring them in the morning to the Licensing Board. He said that he
that the Board will check with the ABCC but he is almost certain that they are in violation.
He said that the wholesalers may be in violation as well, but the ABCC can take care of that
issue. He asked Mr. Wolf if he realized that this was in violation.
Mr. Wolf said he absolutely did not know he could not have cans in the bar.
Mr. Shea said that he knows this business is well run and he is going to give them a bit of
a grace period on this issue.
Mr. Wolf asked if he would be allowed to sell the rest of his stock.
Mr. Shea said he would not be able to but would give him until Wednesday 9/10/2008 to
sell what he could.
Lt. Ouellette asked Mr. Wolf if the wholesaler would take them back.
Mr. Lee said the Board would hold off on any disciplinary action for the time being as he feels Mr. Wolf really did not know this was a violation.
Ms. Pagliaro will do a DRAFT letter to ABCC in regards to this issue and show to Mr. Shea.
Mr. Shea said they are on notice and if they are serving in cans after 9/10/2008, operations
will be suspended.
Mr. Casey motioned to allow a continuance to dispose of cans on 9/10 upon closing. Warning given. Closing TBD if violation occurs again.
Mr. Lee seconded.
Continued: Adoption of Adult Entertainment License Regulations.
Mr. Shea said that the Board has been advised that we have to give notice and advertise.
This will be continued pending a meeting with City Solicitor.
Approved: Transfer of Alcohol License: Matematika Sport Bar, Inc. d/b/a Casa Blanca.
Present: Domingo Dominguez and Michelle, manager.
Mr. Shea stated that the intention tonight is to go ahead and transfer the License over to
Mr. Dominguez. He said the application will now go to the ABCC for the transfer.
Michelle asked about the pledge.
Mr. Lee said it ended up having nothing to do with them.
Michelle asked about having the restrictions on the Entertainment License lifted.
Mr. Shea said lets get the License transferred first and raise the Board’s confidence a bit
and then that can be addressed.
Mr. Dominguez said he would like to have his Entertainment License back at full capacity.
Mr. Casey said we can put that issue on for the 9/22 meeting because we need to give notice.
Mr. Lee said that as of today they are still not the official owners.
***Discussion between Board and Mr. Dominguez about where the stages were located***
Mr. Shea said that there was no further discussion.
Communi-
cations: E-mail from Milisa O’Riabi, owner of the Old Spot.
Mr. Shea said there have been no formal complaints as of yet.
Old/New
Business: *CORI checks for non-profit organizations during Haunted Happenings.
Mr., Shea said that any and all non-profit groups will need to a) give a list of the person
that will be in charge each day and b) give a complete list of all volunteers.
Councilor O’ Keefe said that as a church worker he has to be CORI’d every single year.
*Councilor O’Keefe asked Ms. Pagliaro to speak to the City Solicitor and the City Clerk about the format to publish the Adult Entertainment Regulations, also where the money to pay for this is coming from.
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Reconvene: Approve Meeting Minutes from August 11, 2008 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Respectfully submitted,
Melissa Pagliaro
Clerk
Submitted: September 15, 2008
Approved: September 22. 2008
| 
