Meeting: Salem Licensing Board held Monday October 14, 2008 at 6:00 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.
Approved: One Day Liquor License. Applicant: Tricia Schott for Hamilton Hall.
Ms. Schott is applying for 3 One Day Liquor Licenses for Nov.8, ceremony and wedding reception on, Nov.15, wedding reception and Dec. 31, wedding reception.
Mr. Shea noted all of her paperwork is complete.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: All Street Performers listed on Agenda were called to the table.
Mr. Shea said in an effort to move the meeting along that all Street Performers would come to the table and speak one at a time for a brief moment of what they do.
Mr. Casey explained the rules of collecting tips.
Mr. Lee said they are subject to being moved if they are in the way.
Mr. Shea asked if there were any performers that used amplification. There were not.
Licensed given were to the following:
-Katelyn Collins (Group of 8)
-Denis Zevallos (must meet with Board member before License is issued)
-Peter Mercier (No Show)
-Lara Emily Jay
-Matthew Taranto (minor must be accompanied by a parent at all times)
-Ted Solovikos
-Phil Wyman
Mr. Casey motioned to approve all applicants in the B5 district, hours from 10 am – 8 pm.
Mr. Lee seconded.
Councilor O’Keefe asked that they all be introduced to Ms. Talkowsky in case they have any space issues.
Approved: Sub-Licensee’s for Store Fortunetelling License. Applicant: Barbara Szfranski.
Ms. Szfranski came into have some readers that have individual Licenses, licensed to read at her stores.
Applied for Angels Landing:
-Phyllis Brown
-Tory McNeil
-Chris Dowgin
Applied for Angelica’s
-Amanda Cutone
-Ann Lombardo
Conditional upon receipt of Phyllis Brown’s application and CORI form.
Mr. Lee motioned to approve
Mr. Casey seconded
Approved: Application for Store Fortunetelling License and Sub-Licensee’s. Applicant: Diana McKanas. Present were Diana and Tracy Casuba, Office Manger. Diana stated that her business is at 77 Wharf Street and she already has a Fortuneteller’s Store License. Ms. Pagliaro said she was not aware of that and has not seen any paperwork.
Mr. Shea said the Board will do another vote on the Store License so that Ms. McKanas will be all set.
Mr. Lee motioned to approve
Mr. Casey seconded
Ms. McKanas is applying to have 4 sub licensees approved.
-Sue Gleason
-Darlene LeBlanc
-Annette Cohen
-Kathy Foley
Mr. Lee motioned to approve
Mr. Casey seconded
Approved: Application for Store Fortunetelling License and 3 sub licensees’. Applicant: Kellie Overberg.
Ms. Overberg said she has owned Pyramid Books for 6 years.
Mr. Lee motioned to approve Store License
Mr. Casey seconded
Ms. Overberg is applying to have 3 sub licensees’ approved.
-Beverly Andersen
-Mary Beth Bruce
-Douglas Johnson
Mr. Lee motioned to approve
Mr. Casey seconded
Approved: Application for Common Victualler’s License. Applicant: Peter Korisians
Peter’s Place, Inc. d/b/a Peter’s Bella Pizza 84 Highland Ave.
Mr. Shea asked what previous experience Mr. Korisians has.
Mr. Korisians said that he owned Salisbury House of Pizza for 15 years.
Mr. Shea asked about the hours.
Mr. Korisians said they would remain the same. Mon – Sat from 10 am – 10 pm and Sunday from 11 am – 10 pm.
Mr. Casey asked about the seating plans.
Mr. Korisians said that would also stay the same at 6-8.
Mr. Casey said the floor plan shows 10.
Mr. Korisians said that one table was broken and not able to use so he crossed it off the plans.
Mr. Shea asked if there would be any renovations.
Mr. Korisians said that everything will remain the same except for the name and some different employees.
Mr. Casey motioned to approve
Mr. Lee seconded
Discussion: Lobster Shanty in regards to extending outdoor seating hours on 10/31.
Mr. Shea said he wanted to begin by apologizing to the Lobster Shanty for the mix up regarding the sale of cans at the bar. He said he hopes that it was a major inconvenience and that the owners acted very professionally through the whole situation.
Mr. Shea said that they are here tonight to ask for extended hours on 10/31 even though other Licensees that have outdoor seating have been asked to close the outdoor area due to large crowds.
Mrs. Wolf wants to be able to keep her regular outdoor seating hours.
Mr. Shea asked what those hours would be because everyone else is closing their outdoor seating at 6 pm.
Mrs. Wolf said that there outdoor seating usually remains open until mid-night.
Mr. Shea said that he is aware that the Haunted Happening Committee does not have a problem with granting the extension because it is not in the middle of all of the events.
Mr. Shea said there is one issue he would like to address, however. He said that Mr. Lee and Lt. Ouellette went to all of the restaurants in downtown Salem. On one particular evening they went into the Lobster Shanty and neither of the owner’s was in.
Mr. Lee said that he spoke with the staff and reminded them that he and the Lieutenant would be around off and on through the month of October. The main concern that night was that a bunch on teenagers on skateboards was hanging around outside the patio area. Mr. Lee said at that time only patrons were outside, there was no staff supervision and the patio area was not roped off.
Mrs. Wolfe said that there are ropes that attach to planters around the patio and they just purchased additional planters so the ropes are higher.
Mr. Lee said he just wanted to give them a heads up so they don’t end up with problems. He said this was around 9:30 or 10:00 at night.
Mrs. Wolf thought that maybe the reason that the ropes were not up was because the staff had begun to break down the outside area.
Mr. Shea suggested that maybe that is the last thing that the staff takes down at night and that he trusts rope will be made more visible.
Mrs. Wolf asked if rope lights would be acceptable.
Mr. Shea thought that was a great idea. He also asked how they enforce the crowds and patio area during Halloween.
Mr. Wolf said they triple the staff outside on Halloween. He said there will be 2 people at the door to check ID’s and someone guarding outside the perimeter of the patio area. He also stated there is no music scheduled for Halloween.
Mr. Lee said the staff was courteous and professional.
Shirley Walker, sitting in the public gallery, said that the Lobster Shanty is a pleasure to have downtown and that she ahs never seen a problem.
Mr. Casey motion to approve the outdoor café seating until 12 am on 10/31 & 11/1.
Mr. Lee seconded
Discussion: The Hungry Pig, Inc. d/b/a The Old Spot, on complaints received.
Present: Milissa Oraibi, Brendan Crocker, owners and Attorney David Gallagher for The Old Spot.
Mr. Shea said this was only a discussion not a hearing, after last meeting when the developers of the building voiced complaints. He also stated that some common sense is needed because his is a unique situation. He asked to hear from the Old Spot first.
Ms. Oraibi said because of this whole situation she has been recently serves a 30 day notice to quit.
Mr. Casey asked in they are restricted to Mondays for live entertainment.
Ms. Oraibi said that they have cut back to once for live entertainment which is held on Monday, from 4 days a week that used to be.
Mr. Shea asked if that was their choice and if they would like to do more or is good with one night.
Ms. Oraibi said she would prefer not to be restricted with her live entertainment.
Mr. Shea asked what live entertainment was there on Mondays.
Mr. Crocker said that it is a 4-5 piece band.
Ms. Oraibi said that it was the same band that the old owners had and they have been performing there since September of 2006.
Mr. Shea asked who the manager on record was.
Ms. Oraibi said that it was herself and Maureen Mahoney.
Att. Gallagher described the relevant portions of the lease. He also said they are operating the same as McSwiggins did, with the same band and the same night for that band.
Mr. Shea asked if anyone else would like to speak.
Lori Stathopolous, from Crow Have Corner next door, said she wants a hearing and give a complaint that The Old Spot is serving to minors.
Mr. Shea said that we can address the issue of a hearing at the end of the discussion.
Ms.Stathopolous said the person that she has hired, Mr. Bruno, to watch her building at night as a result of patrons from the bar on her property, would like to present the Board with documentation.
Mr. Shea asked who Mr. Bruno is.
Mr. Bruno who was present in the gallery said that he was hired from a protection agency.
Mr. Shea read the reports given to him by Ms. Stathopolous. He asked if the problems were from patrons exiting the bar.
Ms. Stathopolous said the fire prevention said they also wish to appear before the Board with her.
Mr. Shea asked who else wished to speak.
Mark Mahoney, developer, said that he was not asking the Board to interpret the lease. He said that should be handled at another venue. He said he wants the noise complaint addressed.
Mr. Ianuzzi said he is the recent buyer of unit #2.
Mr. Shea asked how long he has resided there.
Mr. Ianuzzi said he moved in two months ago, after the business above was converted into condos. He moved in August and said there are no other major issues other that Monday nights. He said the vibration is very loud to say the least.
Jeff Lee (no relation to Board member Rick Lee) said he is also a recent buyer of unit #5, which is the top unit, farthest away from the restaurant. He said he also moved in two months ago. He said that Monday nights are his only issue. He said that the vibrations are beyond reasonable. He said even though it is one night a week it is really bad and tough o get up and go to work the next morning and function.
Amanda Lennon said she is the wife of Robert Ianuzzi, unit #2. She said that Monday nights from 9:30 – 12:30 is brutal.
Mr. Shea asked if Monday night was her only issue.
Ms. Lennon said that is was.
Ms. Stathopolous said that the noise is so loud that her 14 year old son cannot sleep in his room.
Mr. Shea asked if the residents were aware of the live entertainment.
All residents responded that they knew of music, not live music.
Mr. Lee said that the RE agent told him it was only recorded music.
Mr. Ianuuzzi and Ms. Lennon said they were aware of live music. Mr. Ianuzzi said they checked it out on a Friday night. They were told that once residents moved in that the live music would stop.
Mr. Lee said he apologized for what he said before but that was more in line with what he was told also.
Att. Gallagher said that there are even signs posted in the windows to reflect live music on Mondays.
Mr. Shea asked if anyone could speak on the issue of soundproofing.
Ms. Oraibi said the footprints of McSwiggins were always a concern to her. She said that she was assured by the developers that here was not going to be an issue with soundproofing and sound traveling. She said that in October of 2007 a RE agent that was in the building upstairs asked that they turned down the kitchen radio. She said she knew there was going to be an issue with soundproofing and her live entertainment. She said that they have only had one noise complaint in two years with having over 200 bands there. She said she has always had a decent relationship with Ms. Stathopolous and never any issues with her until now.
Mr. Rick Lee asked how many residents lived upstairs at time of the takeover.
Ms. Oraibi said none.
Mr. Shea said this whole situation sounds unusual and it is not normally the type of noise complaint the Board deals with.
Mr. Casey asked about what they were served with.
Ms. Oraibi said that after the first complaint she was served with a “cease and desist” notice. Her attorney said they were within their rights to continue to have the band. When the police came down they said that they did not feel they should get involved because they felt it was a civil matter. They asked if the music could be turned down for the night and it was lowered. She said after that they were served with a “30 day Notice to Quit”.
Mr. Shea asked if there was a way to change hours or come to compromise.
Att. Gallagher said he is not sure they should get into that tonight with that “Notice to Quit” pending.
Ms. Oraibi said that she has tried to talk about several options with the developers, such as a reduction in rent for not having live music on Mondays, a buy out of her lease and they have not been agreeable to anything she has offered.
Mr. Shea asked about the lease with Mr. Mahoney.
Mr. Mahoney said he would not discuss the lease with the Board. He said he has tried to be reasonable with Melissa and Brendan but had to tell the tenants that they had to call police. He said he thought they could issue rules and regulations on top of the lease in regards to tenants in the building. He also said there is cure period in the lease and that the music has not stopped.
Mr. Shea said the discussion on the noise issue is over because of the legal steps that are being taken on this issue.
Ms. Stathopolous said she would like to speak up along with her nephew and hired investigator. She said she has asked 6 or 7 time for the owners to address the issue of smoking. She said patrons sit on her stairs and smoke or put butts out on her clapboard house. She said last week police
were called because of a patron publicly drinking sitting on her stairs. She also handed Mr. Shea her own report of an incident where her nephew, who is 18 and lives with her, was served alcohol in The Old Spot.
Mr. Frank Trangalia, nephew, stood and introduced himself to the Board.
Mr. Bruno said that he informed Ms. Stathopolous that Frank was drinking in the bar.
Ms. Stathopolous said that her nephew told her he went in to see a girl he knew in there, who was also underage and drinking.
Ms. Stathopolus said she has asked them to get a door person.
Mr. Shea said that The Old Spot will be called in on a Hearing on the underage drinking issue in November.
Mr.Oraibi said that was fine but wanted to note that Mr. Bruno has come into the bar himself and has also asked on occasion if he could purchase a bottle of champagne to go. She said that until recently Lori was a patron herself and she even kept a certain type of champagne at the bar because Lori had requested it. She said she feels as though she is being set up.
Mr. Casey assured Ms. Oraibi that she will receive a fair hearing from the Board.
Ms. Oraibi said she would also like to address the issue of Fire Prevention. She said she just spoke to Lt. Griffin on Friday to make sure that nothing else has come up since the last time they spoke that she needs to know about. She said the Lt. Griffin said there are no issues.
Mr. Shea asked Ms. Pagliaro to invite Lt. Griffin to the next meeting on this issue in November. He also said these issues will be addressed then.
Discussion: Bunghole Liquors and Quality Liquors. Present: Kathy Ingemi-QL, Peter Ingemi-QL and Peter Ingemi, Jr.-QL. Claire Donovan-BH, Sean Donovan-BH and Attorney David Hallanan-BH.
Mr. Shea said this discussion was nothing bad, that he knows both parties run a good business. He said this was just discussion in regard to Halloween in the central district. He said last year there were lots of complaints about nips being strewn about the downtown area. He said the Board is asking both stores to voluntarily comply with not selling nips on Halloween night.
Att. Hallanan said he wanted to point out that there are 10 Liquor Stores on the way into town.
Mr. Shea said he did not want to get in to specifics about what establishment’s people are coming in with nips from. Mr. Shea said that at least we will know they are not from one of your stores.
Mr. Ingemi asked what hours they were being asked to consider.
Mr. Shea said from 6 pm to closing.
Mr. Ingemi, Jr. said he agreed with the idea but said he was concerned with there normal every day patrons. He says it may anger some customers. Mr. Shea asked if either hires a Police Detail on Halloween.
Mr. Donovan said they have tried to get a Detail on Halloween but there is no one available.
Mr. Ingemi, Jr. said they do not have an Officer but they schedule extra staff.
Mrs. Donovan said she even asked if they could hire an Officer from another town but they were told they could not.
Mr. Shea said maybe they could put up a sign about the nips, he said he would like to keep this simple.
Mr. Lee said the Board is just trying to throw this out there and no one has to give an answer tonight. He said that the Board would look favorably on this request. He asked that they please consider it and give an answer by Friday.
Mr. Donovan said he did not mean to sound flip but he fells there is and anger factor with customers if they do this and they will want to know what sizes they can buy which may lead to more consumption.
Mr. Shea acknowledged that was a good point.
Mr. Casey said that after the complaints that were received last year about people and cars getting hit with the empty nip bottles, the Board is asking for cooperation.
Mr. Ingemi said he is will agree with the request not to sell nips between 6 -10 and put up a sign.
Mr. Donovan said he thinks it would be noble if the whole town agreed not to sell nips on Halloween night.
Mr. Casey said that is a good point to work on for Halloween next year.
Mr. Donovan said it should be the whole City not just one or two establishments.
Ms. Donovan said no one wants any problems.
Mr. Lee said the two stores showed up here tonight for this discussion and that shows good faith. Mr. Lee thanked them both for coming.
Mr. Donovan said he will agree to the request as well. He said he wished Police Detail were available for that night.
Mr. Shea said there would be Police presence around both stores.
Approved: Dodge Street Bar & Grill. Request to increase capacity. Present: Frank Presutti, Jr.
Mr. Presutti said that he has presented this plan to the Board three times before. He said he has been before the Board before to ask for an increase but things got lost.
Mr. Shea asked what the capacity is now and asked Mr. Presutti to show the plan of where he will fit the double amount of people.
Mr. Presutti aid that what used to be the storage room has been done over to be part of the other space. He said this was done a long time ago.
Mr. Casey said they are listed as a restaurant and wanted to know if they were “truly” a restaurant.
Mr. Presutti said he can show a menu. He said he serves food until midnight and cooks also.
Mr. Shea asked where seats are going.
Mr. Presutti said there are no additional seats but standing room for when a band is playing.
Mr. Shea said there is a letter from that Building Department that supports an increase to 181 people.
Mr. Lee motion to approve
Mr. Casey seconded
***Mr. Casey did have a question about over serving.
Mr. Lee said that he and Lt. Ouellette went to speak to Frank about the Zombie parade and over serving. There were some concerns about a very large group coming I for the Zombie parade in costumes. Mr. Presutti said he had nothing to do with that event but that he listened to concerns about over serving just the same.
Mr. Shea said that we talk to all Licensee holders about this when they are in front of the Board.
Mr. Presutti said he and his staff are TIP’s certified and do the best job possible.
Approved: Application for a Street Performer’s License. Applicant: Peter Mercier.
Mr. Mercier was not present when all SP’s were at table.
Mr. Mercier said he will sing and does not use amplification.
Mr. Casey motion to approve with same rules as the other performers.
Mr. Lee seconded
New
Business: Dave Trainor in the public gallery spoke. He said he is from Winfrey’s Fudge was told he could not come out on Halloween. He would like to ask the Board if he can.
Mr. Shea said that is correct and that it is the decision of the Police because of Public Safety.
Lt. Ouellette said like last year, there are to be no food vendors.
Ms. Talkowsky stated that non-profit and good vendors have the option to move to Hawthorne Blvd.
Mr. Shea asked why we could not give Mr. Trainor the option to move as well.
Ms. Talkowsky said we can discuss the matter later in the meeting.
Public
Gallery: Shirley Walker, resident of Derby Lofts said that she and others are upset with Oktoberfest. She said there are issues about parking spaces being taken and other things. She asked is there are problems with this event who to come to.
Mr. Shea said come to the Board. He said to document and real problems and we will address them next year if they apply for another License then.
No Show: Hearing – Fresh Taste of Asia.
This is the second Hearing since September that ahs not been attended.
Both Lt. Ouellette and Ms. Talkowsky said they have seen the owner, so he is not still in China.
Mr. Shea said these Hearings were to address reports of fights and serving of alcohol.
Lt. Ouellette said there is one report in the folder and another since the current Hearing notice was sent out. He said there is a problem in the whole downtown area, and that he can’t say all of the problems are coming from a Fresh Taste of Asia, but that the problems there are getting worse. He asked the Board if Hearings should just be for this establishment or all surrounding ones. He said he did not want to single out just one establishment, but address them on just their issues. He said he wants to be fair.
Mr. Shea said the fights here have been serious.
Mr. Casey said it seemed as though Friday night was the worse.
***Board discusses the various police reports.
Lt. Ouellette said that the incident on 10/10 was after they were notified to attend this haring and should be dealt with separately.
Mr. Shea asked Ms. Pagliaro to send a certified letter informing them of the Boards decision to issue a one day suspension.
Mr. Casey said the suspension is for ignoring two Hearing requests twice.
Lt. Ouellette said there are some Police Officers patrolling but suggest that maybe the downtown establishments hire a detail officer to patrol.
Mr. Casey said he recalls prior warning to them and that a one day suspension should follow.
Mr. Shea agreed for being a no-show.
Mr. Casey motioned to suspend the Fresh Taste of Asia’s License for one day on October 28, 2008. They must submit the License to the Licensing Department at 8 am and will be returned on October 29, 2008.
Mr. Lee seconded
***Hearing on other violation to be held on 10/27/08.
If some other information can be offered as to what has happened at this establishment, the Board can rescind the suspension if necessary.
New
Business: Ms. Talkowsky wanted to speak about a few things in regards to Haunted Happenings vendors.
She said that there have been no real major issues. The biggest problem though is that vendors have not been up and running by 10 am and still have vehicles on the mal after 10 am. Mr. Kefalis and Mr. Ruiz seem to be the biggest offenders.
Mr. Shea asked what the problem is with this issue.
Ms. Talkowksy said that the crowds are huge and it is a problem.
Mr. Shea asked what could be done to address the issue.
Ms. Talkowsky said that we can remind Transient vendors and send a letter to Mr. Kefalis and Mr. Ruiz.
Mr. Shea asked if Ellen could send letters and e-mail to everyone so they would see it.
Ms. Talkowsky said she would.
Mr. Casey suggested that Ellen make notes.
Mr. Shea asked if Ms. Pagliaro had Kefalis’ file.
Lt. Ouellette said that some vendors gave Ms. Pagliaro a hard time.
Mr. Shea asked which vendors they were.
Ms. Talkowsky said the vendors who sell horns.
Mr. Lee said a letter should be sent to the vendor regarding that employee and should be given a suspension in the B5 area.
Mr. Lee motioned to approve that.
Mr. Casey seconded.
Ms. Talkowsky said that vendor, Michele Malachowski was told three times by Ms. Pagliaro, Lt. Ouellette and herself that her employee could not work until his CORI came back from the state. She said that when she and Lt. Ouellette and Ms. Pagliaro went out downtown the employee was working behind the cart with Ms. Malachowski badge on.
Lt. Ouellette gave them a grace period before coming before the Board tonight. He said they are not present.
Ms. Talkowsky said she was going to bring her cancelled check in to show she said the state for the CORI but is not present.
Mr. Lee said that if the worker is not CORI’d they should not be working.
Mr. Ouellette said that himself and Mr. Lee will be out over the weekend and be checking.
Mr. Casey motioned to suspend Ms. Malachowski’s license for one day, with no money back at the discretion of Lt. Ouellette and Mr. Lee
Mr. Lee seconded.
Ms. Talkowsky said that Mr. Ruiz had a worker on his cart that had an expired 2007 license. She said that Lt. Ouellette took the license away.
Mr. Casey motioned to suspend Mr. Ruiz’s license for one day, with no money back at the discretion of Lt. Ouellette and Mr. Lee.
Mr. Lee seconded.
Ms. Talkowsky said that she received a complaint from Polonus about the food vendor that was in space #65, Famous Dave’s. Polonus asked that they be moved.
Mr. Casey motioned to move vendor #65.
Mr. Lee seconded.
Ms. Talkowsky also said the vendor John Wells wanted to be moved.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Ms. Talkowsky said the vendor Yarina wanted to be moved. She said she had no recommendations but there are spots. She said he is near his retail spot and also right next to his brother with similar items.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Ms. Talkowsky said that everyone did a good job with the parade cart vendors.
Mr. Lee had a report that will go with minutes.
Lt. Ouellette said that he and Ms. Pagliaro should have Nextels for the month of October.
Ms. Talkowsky said she will call Valerie at DPW to see if she any that can be used.
Mr. Lee said he also thanked Cpt. Tucker for a good job.
Ms. Talkowsky submitted the recommendations from the Vendor’s Management Committee. That included no food vendors on mall and non-profit and transient vendors be placed on Hawthorne Blvd. Also, that no “food” or “other food” vendors be allowed. They also said that the two annual food vendors on the mall will be moved off the pedestrian mall.
Mr. Shea asked how many “other food” vendors there were with no propane or oil.
Ms. Talkowsky said only Mr. Winfrey.
Mr. Lee motioned to move vendors to Hawthorne Blvd. on 10/31/08, including Mr. Winfrey.
Mr. Casey seconded.
Ms. Talkowsky said that on Halloween night there are lots of Street Performers with no licenses. She submitted a draft for approval of the Licensing Board for “on the spot” application to approve them for a higher fee for that night through Nov. 2.
Mr. Shea said that was a great idea.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Ms. Talkowsky said that there will be some large sponsors on 10/25 and 10/26. Mix 98.5 and American Laser will be downtown.
Commun-
ications: Mr. Shea received a letter from Rinus of The Chamber of Commerce.
They are on the agenda for 10/27 to come to speak about the problems with the after hour issues in the downtown area.
The Board reviewed the stop work order that was given to Mr. Kefalis from the State.
Lt. Ouellette said that he wanted it to be on record that neither he nor Ms. Talkowsky called the state.
The Board discussed briefly a letter sent by Trolley Depot about the food vendor that was placed in front of their business last year.
Ms. Talkowsky said they will not be there this year so there will not be an issue.
Approved: Meeting Minutes from October 14, 2008
Adjournment
Respectfully submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: October 20, 2008
Approved:
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