Meeting: Salem Licensing Board held Monday January 12, 2009at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey, Rick Lee and Special Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
Discussion: Taste of Asia, 118 Washington Street. Not on Agenda. Board is awarding this establishment back its full Entertainment License as of January 12, 2009. Board expressed to owner Frendy Xu he has done a good job and to keep up the good work.
Approved: Two One Day liquor Licenses for PEM. Applicant: Betsy Weisman and Natalia Laskaris.
Mr. Lee asked Ms. Laskaris if she had her insurance certificate for the January 15 for a holiday party.
Ms. Laskaris said she would have it before the event.
Mr. Lee asked if Ms. Laskaris had a detail officer.
Ms. Weisman said she has already called the Police Dept.
Mr. Lee motioned to approve the One Day Liquor License on January 15, 2009 from 5:30-7:30 p.m. for 125 people and waive the fee.
Mr. Casey seconded.
Mr. Lee motioned to approve One Day Liquor License for the non-profit Social Event on February 5, 2009 from 6:30-9:30 p.m. for 25 people and waive the fee.
Mr. Casey seconded.
Approved: One Day Liquor License. Applicant: Bill Legault, Salem YMCA for the Friends of Forest River Park. Also present Holly Gross, Friends of Forest River.
Ms. Gross said that the Neighborhood Association is trying to raise money for a new playground at the park.
Mr. Casey asked if the association was established as a non-profit group.
Ms. Gross said it was not it was a neighborhood association.
Mr. Shea said the fee could be waived for the event.
Mr. Casey asked if would be all alcohol.
Ms. Gross said it would only be beer & wine.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Councilor O’Keefe spoke in favor of granting the license so the association could raise money for this project.
Approved: One Day Liquor License. Applicant: Vasilios Zakis owner of Derby Deli and Jim Moskowiz.
Mr. Zakis said this was a holiday party but due the weather it was cancelled and he only holds a Seasonal License so he needs a One Day License. He said it is for the Pan-Hellenic Association. Mr. Moskowiz said that it would be from 6-10 or 11 p.m.
Mr. Shea said the hours could be until 11 p.m.
Mr. Lee said that it would be alright to waive the police detail for this event.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Hold: Change of Manager, VFW, 95 Derby Street. No one present from VFW. The Board would like to seen the new Manager and have the opportunity to speak with him. Will be put on Agenda for the January 26, 2009 meeting.
Approved: Common Victualler’s License. Applicant: Jaho Coffee Roasters, 60 Wharf Street. Present: Nikoletta Jaho and Anil Messini.
Mr. Shea asked if it was their intention to open a new place or an additional one.
Mr. Messini said that this would be a second location.
Mr. Shea asked if he had his proof of advertising.
Mr. Messini said he mailed all of the unit owner’s to Mr. Rockett.
Mr. Shea said there have been concerns voices about processing of coffee and odors. He asked Mr. Messini to tell he Board his intentions.
Mr. Messini said that he will be serving coffee, tea and sandwiches. He said he will be roasting coffee with a shop roaster. He said that new technology and new machine shave eliminated almost all the odor. He said the aroma does not go outside of the door.
Mr. Casey asked how big the machine is.
Mr. Messini said that it only roasts up to 25 pounds. He said for now he would only be roasting a few hours a day a couple times of week.
Mr. Casey asked what he wanted for capacity.
Mr. Messini said on his application he out 15 people but he would like 25.
Mr. Shea asked what hours of operation he was looking for.
Mr. Messini said he would like 7 days a week 6a.m.-11 p.m.
Mr. Casey told Mr. Messini that he would have to modify the drawing to reflect 25.
Mr. Messini said he could draw them in now.
Mr. Casey said that Mr. St. Pierre, Building Commissioner would give the final word on capacity. He also asked f there would be any entertainment.
Mr. Messini said there would not be.
Mr. Lee said that the concern will be any odor that might come form the exhaust. He said that the coffee brewing is nice but some of the process is not.
Mr. Messini said that with the new technology it should be fine. He said that if there are any problems he will be willing to get another filter.
Mr. Shea said that the Board would grant a temporary 60 day License and if there are no problems they would extend it for the remainder of the year.
Councilor McCarthy asked recommended it be a temporary 90 day License. He said that would give people in the area time to start opening the windows and see if there is a problem. He also asked if there was anything written in the Board of Health rules and regulations to address an odor issue.
City Solicitor, Beth Rennard said that if it is a nuisance that the Board of Health will call them in.
Mr. Lee said that is there are any problems the Board will enforce accordingly.
Mr. Shea asked if anyone would like to speak on this matter.
From the public gallery, Shawn and Claire Donovan, owners of Bunghole Liquors. Mr. Donovan said they were there in support of the License. He said that Mr. Messini has done a heck of a job fixing up the property. He said he they have put a lot of money into the neighborhood.
Mr. Shea said they would grant a temporary License and have Mr. Messini come back on the May 11, 2009 meeting.
Mr. Casey moved to approve a temporary C/V License at 60 Wharf Street, 7 days from 6 a.m.-11 p.m. with capacity of 25, pending Tom St. Pierre’s approval. Renewal pending May 11 meeting.
Mr. Lee seconded.
Discussion: Councilor O’Keefe said that he would like to speak Mr. Messini was still present with the Board.
Councilor O’ Keefe said that the City Council has received a claim for $207.00 from a person who was hurt on the furniture outside on Derby Street. He said that Mr. Messini refused to pay the injured party or give her any insurance information. He said they need a permit from City Council to have furniture outside and they do not have one.
Mr. Shea said he did not realize that until right before tonight’s meeting. He said he had been informed by Ms. Rennard.
Councilor O’ Keefe said that the City will not pay the claim.
Mr. Shea asked what the claim is for.
Councilor O’ Keefe said it was for medical bills which he has a copies of.
Mr. Shea asked Ms. Pagliaro to send a list to the City Clerk’ Office of who Licensing had for outdoor seating.
Councilor O’Keefe said he will now direct the injured party to seek a claim in court.
Mr. Messini said he never heard of any of this before tonight.
Public
Hearing: Mr. Shea announced that this portion of the meeting is formally being opened up as a Public Hearing on Adult Entertainment Zone and application process.
Councilor Pelletier, Ward 3, said that this topic began when Harold Blake, former Licensing Board chairman thought this was going to fall under zoning. There was talk of a zone oh Highland Ave. and Swampscott Rd. and there was never a decision.
Councilor Pelletier said that some of the people that worked as a group on this last time were present tonight. Pat Liberti, Mike Harris, Esq. and Scott Weisman, all of Ward 3. He said that a lot of work was done. He said they checked other cities and towns to see what they did; he said they tried to figure out what would work through Licensing and Zoning. He said that he is fine with any amendments the public may want.
Mr. Shea thanked Councilor Pelletier for speaking and asked if Ms. Rennard would like to add anything.
Ms. Rennard said that nothing ever went forward last time. She said that the State statue allows the Licensing Board to handle this. She said that this Draft of the Regulations is so that the Licensing Board has something to turn to if an application of this nature is applied for. She said it will act as a guide for the Board to use when reviewing any such application. She also said that this model of the regulations had passed in Zoning.
Mr. Shea asked if a license could be issued to an establishment without liquor.
Ms. Rennard said that yes it could be.
Mr. Casey said that there is a topless coffee shop in Maine because there are no established parameters.
Ms. Rennard said that could happen but that the applicant would have to apply separately for the Entertainment License from the Common Victualler’s.
Councilor Pinto asked if it could be restricted to establishments with alcohol.
Ms. Rennard said she does not see how that could be connected. She said it also applies to theatre shows.
Mr. Shea asked if anyone else would like to speak.
Jim Moskowiz, in the public gallery, said that if this kind of entertainment is not attached to anything than anyone could just come into the City and open en establishment with just this kind of Entertainment and nothing attached to it to offer, no food or no alcohol.
Mr. Casey said he thought that activity could be controlled hours.
Ms. Rennard said yes that is true just like ant other Entertainment License.
Mr. Casey said he would like to note Chapter 140 of the MGL says that there is no appeal process for hours granted through the Licensing Board.
Mr. Shea said that on page 7 of the Regulations that the Licensing Board could deny applications. (gave examples)
Ms. Liberti asked if they could deny an application based on footage.
Ms. Rennard said no that was when these Regulations were in Zoning.
Ms. Liberti asked if all of those regulations were gone.
Ms. Rennard said that they were but that the application will require them to show a plot plan with abutting properties.
Mr. Lee said that the problem right now is that someone could come in and apply with no regulations or guidelines.
Ms. Rennard said that there will also be a routing slip requirement with the application.
Mr. Shea asked about what the fee would be.
Ms. Rennard said it would be the $100.00 Entertainment fee as there is now.
Mr. Shea asked if that could be increased.
Ms. Rennard said that if it was reasonable but that it had to be related to the actual cost of filing it.
Mr. Casey said that Danvers has very strict set of Rules and Regulations and that this Board should find out from them what they are.
Mr. Shea said he thinks that the cost should be higher.
Ms. Rennard said we could look at other communities.
Councilor Pelletier said he is sure the Council will back any fee that is presented.
Mr. Shea asked about employees of these establishments. He questioned who would do the criminal check.
Ms. Rennard said she could check into that.
Mr. Lee said that the City would do the check on owners and managers as we do now.
Mr. Shea said that this will be continued for two weeks until January 26, 2009. He said that if anyone wishes to send any comment or anything else in regards to this matter they can feel free to do so. After that the Public Hearing will be closed. He said that they will take a vote to adopt the Regulations at the first meeting of February 9, 2009.
Approved: Minutes from December 8, 2008 meeting
Adjournment:
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: January 21, 2009
Approved: January 26, 2009
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