Meeting: Salem Licensing Board held Monday January 26, 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.
Approved: Change of Manger. Applicant: VFW, Witch City Post, 95 Derby Street. Present: Jack Lyons, President of Board and Tim Collins, Bar Manager.
Mr. Shea said that when there is a new Manger the Board likes to meet them face to face and have a brief discussion with them.
Mr. Collins sais that he ran the Courthouse Pub in Peabody for over 30 years and Salem Country Club for over 20 years. He said that he is also TIPS certified and trained.
Mr. She a said that he can speak for Mr. Collins’ character and that he has a very good name in Salem.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. Shea said he would just like to say for the record that there are to be no automated gambling devices. He said that the Board does not want ant of these machined in the City. Mr. Shea wanted to make clear that this statement was not being directed at Mr. Collins but that he is making sure that everyone is aware of this.
Mr. Lee said that he and Lt. Ouellette will be sporadically checking all bars and clubs in the City.
Mr. Lyons gave Lt. Ouellette a key card for the club and said they are changing the system and when it changes he will get Lt. Ouellette another card.
Mr. Shea asked that Mr. Lyons give it to Ms. Pagliaro.
Approved: 18 One Day Liquor Licenses. Applicant: Sixty2 on Wharf, 62 Wharf Street. Present: Antonio and Valerie Bettencourt, owners.
Mr. Shea said he understood they were here for some One Day Liquor Licenses.
Mr. Bettencourt said that they have a Seasonal All Alcohol License and an Annual Beer & Wine License so they needed some One Day Licenses for All alcohol to get them through the weekends until April.
Mr. Casey said that they are allowed up to 30 in a calendar year.
Mr. Shea said that this is unique situation and that the Board could be challenged by the ABCC. Mr. Shea said that he would like to hear that the Bettencourt’s are looking into obtaining an Annual Full Liquor License.
Mr. Bettencourt said where they are fairly new they would like to see how things go. He said that financially things are hard right now but when things are better they would like to have a Full Annual License.
Mrs. Bettencourt asked how they go about getting one. She said she knows they have to buy one.
Mr. Shea said the City is currently over quota and there are none available. He said that they would have to find one that is for sale and he believes that they are selling for about $40,000 - $50,000.00. He said that he would like a letter from the Bettencourt’s at some point to show the Board that they have some intent on purchasing a Full Annual License.
Mr. Casey read the dates from the application. He said they are all Friday and Saturdays. January 30 &31, February 6,7,13,14,20,21,27 and 28th, March 6,7,13,14,20,21,27 and 28th, 2009.
Mr. Shea said that because they are a restaurant they can waive the police detail. He said Mrs. Bettencourt is to give Ms. Pagliaro the insurance certificate and the fee will be $25.00 per night for a total of $450.00.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: Farmer’s Market. Applicant: Salem Main Streets. Present: Jennifer Bell and Ellen Talkowsky.
Mr. Shea stated that Ms. Bell is here tonight to seek a vote of approval for the Farmer’s Market.
Ms. Bell said that she is planning events and activities to try to bring vibrancy to downtown. She said that Mayor Driscoll is very supportive of this and the neighbors really want this. She said the Farmer’s Market would be held every Thursday beginning June 25 and running through October 29, 2009.
Mr. Shea asked Ms. Bell to be very specific regarding where it will be held.
Ms. Bell said that it would be in Derby Square near Artist Row. She said she has spoke to the business surrounding the area and they are in support of this. Ms. Bell gave a copy of a letter from the Lobster Shanty telling their support.
Mr. Shea asked if she could provide the Board with a layout plan for where the vendors would be like we do for Halloween.
Ms. Talkowsky said the vendors would mostly be on the flat area surrounding the steps.
Mr. Casey asked if they would have 10x10 tents.
Ms. Bell said that it would be mostly tables, but possibly tents for bad weather.
Mr. Shea asked who the License would go to.
Ms. Bell said she feels it should go to the Chamber of Commerce.
Mr. Shea said he thought this was a wonderful idea.
Mr. Casey said that Salem is the only community the does not have a Farmer’s Market.
Mr. Shea said that we need some king of Certificate of Liability. He asked would provide that.
Ms. Bell said that the Chamber would.
Mr. Shea asked if Ms. Bell would provide the Board with a list of who the vendors are going to be and let us know if and when the list changes.
Ms. Talkowsky said that in the past the fees have been waived for non-profits.
Mr. Shea said that the Board would waive the fees.
Mr. Casey motioned to approve with the conditions that a list of vendors and a layout of where the vendors will be placed are submitted to the Board.
Mr. Lee seconded.
Approved: One Day Liquor License. Applicant: Salem Chamber of Commerce. Present: Rinus Oosthoek.
Mr. Oosthoek said that there is a new insurance certificate of file with Ms. Pagliaro for this event.
Mr. Casey said that reading from the application this is for the Salem So Sweet event that is to be held on February 6, 2009. Mr. Casey asked who the wine and chocolate suppliers would be.
Mr. Oosthoek said that it is all local restaurants and each will be supplying there own food or drink. He said he ahs also called for the Police Detail already.
Mr. Casey asked who is doing the pouring.
Mr. Oosthoek said that each restaurant will be doing there own pouring.
Mr. Casey asked if it would be all alcohol.
Mr. Oosthoek said that it is only beer and wine. He said that each restaurant participating will also go through the Health Department.
Mr. Shea asked what the admission is going to be.
Mr. Oosthoek said that it is $20.00 person.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: Request to increase seating capacity. Applicant: White Dove Market. Present: Mr. Chaghouri and Councilor O’Keefe.
Mr. Chaghouri said that he is thinking about taking away an aisle and adding a few more seats. He would like to have a seating capacity of 20.
Mr. Shea asked Ms. Pagliaro if it was always 20.
Ms. Pagliaro said that the file for White Dove only indicates a capacity of 11 but that Mr. Chaghouri brought in a seating plan showing 20 and the Building Commissioner, Tom St. Pierre signed off on it.
Mr. Chaghouri said he is thinking of doing this soon.
Councilor O’Keefe said he supports this increase. He said that Mr. Chaghouri serves excellent food and runs a good business.
Mr. Chaghouri said that he needs the additional seats to support his college customers.
Mr. Shea asked that he submit a plan that is a bit cleared on the seating. He said once that is submitted a modified License will be given.
Mr. Casey said that he would like to note that Mr. Chaghouri’s store is always very clean out front.
Mr. Casey motioned to approve with new seating plan to be submitted.
Mr. Lee seconded.
Discussion: Councilor O’Keefe said that City Solicitor, Beth Rennard has prepared an Ordinance and it was adopted through Council as 1st passage last Thursday night.
Mr. Shea asked if the people who already have permission for outdoor seating will need to come in and obtain a permit form the Council.
Councilor O’Keefe said they would.
Mr. Casey said he wanted to point out that they may be extending the premises if they serve alcohol.
Discussion: Brisas Del Caribe, 101-103 Lafayette Street. Present: Rosa Hernandez, owner and Adrian, Manager
Mr. Shea said that this discussion is to figure out where things stand with communications with the Building Department.
Adrian said that the Inspector is never there when he calls.
Mr. Shea asked Adrian to explain what the business does, the hours, when beverages are served entertainment, etc.
Adrian said they are open from noon until 1a.m. everyday except Tuesday.
Mr. Shea asked if they served food and who the cook was.
Adrian said he is the cook. He said that the kitchen closes at 12 a.m.
Mr. Shea asked what they had for a Liquor License.
Adrian said beer and wine.
Mr. Shea asked if there was only one room where food is served.
Adrian said yes there is only one room.
Mr. Casey said he remember coming before the Board to ask about adding dominoes to the Entertainment License but not a pool table.
Mr. Shea asked if you could use either 101 or 103 Lafayette Street to enter the restaurant.
Adrian said just the door at 101 Lafayette Street.
Mr. Shea asked what Adrian would like the Entertainment License to be for. Adrian said karaoke, TV, live music, radio. He said that there is no live music right now.
Mr. Shea asked if there was any other form of entertainment.
Adrian said no but he’s like to have one two or three singers in the future.
Mr. Shea said he wanted to reiterate what he said earlier in the meeting about not having any gambling devices whatsoever or any other illegal form of entertainment. Mr. Shea said that the License would be amended to show the pool table.
Mr. Casey motioned to approve the pool table.
Mr. Lee seconded.
Mr. Shea said that he has heard from the Building Department that there are serious violations at this establishment.
Mr. Shea said that there would be a Hearing on these issues in two weeks. He said at that time a plan of some sort needs to be presented to the Board to show a plan of how and when these issues will be resolved. He said they need to comply with the list. He said that things need to be fixed because if the establishment is not safe then it cannot be open.
Adrian said that the Landlord has to fix most of the stuff.
Mr. Casey said that the Board can take away or change operating hours if these things are not fixed. He said that a Hearing is a very serious matter.
Mr. Shea asked Adrian about what the room in the back is used for.
Adrian said it is used for storage.
Resolved: Check for Annual Liquor License was returned by the bank. Owner was in earlier today to make payment by Money Order.
Discussion: Gulu Gulu Café. Present: Steve Feldman, owner. Bangkok Paradise, owner Monica Wanapha.
Ms. Wanapha said that she was told to come in to modify her Entertainment License to include dancing. She said some people dance and some people don’t.
Mr. Shea said in the past that people sometimes dance at establishments and we never issued a separate license for dancing.
Mr. Casey said that he brought this to the Board’s attention because there is an issue of injury while dancing. Insurance may not pay if it is not listed on the Entertainment License.
Mr. Shea suggested that everyone that applies for an Entertainment License that has music has dancing filled in as well.
Mr. Casey said that all entertainment must be listed on the License.
Lt. Ouellette said that the reason it may not have always been listed is that because some forms of dancing were not always legitimate, for example, dirty dancing.
Mr. Shea said that anyone with live music the Board should find it acceptable to have dancing.
Mr. Casey said that that was departure from how the previous Board ruled.
Lt. Ouellette said that the business that this decision was started on is now closed.
Mr. Lee said he does not see a problem with dancing. He said it is a nice addition for customers.
Mr. Casey said it should be listed on License as a policy.
Mr. Shea said that he will allow anyone with music to have dancing also on licensed premises.
Mr. Lee moved to approve any establishment that has live music may also have dancing.
Mr. Casey seconded.
Ms. Wanapha said she would like to add one Wednesday night a month to her Entertainment License as well.
Mr. Shea asked about TIPS certification that the Board asked Ms. Wanapha for some time ago. He said the Board never received it.
Lt. Ouellette said that he hopes this is not a repeat of the situation with Fresh Taste of Asia, where they added a DJ and dancing and a bunch of problems came from it. He said the Board should be careful.
Mr. Lee said the Board will be monitoring this modification and if there are problems than the dancing can be rescinded.
Mr. Shea said the Entertainment License would he modified to read Wednesday and Thursday DJ or band, limited to 5 pieces, Friday Saturday and Sunday DJ or band, limited to 5 pieces, dancing for patrons.
Mr. Lee said the Board will watch closely. He said there have been a couple of changes already. He said if there were any reported problems that the license would be changed back.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. Casey said he feared that this appears to be moving very quickly in the direction of a nightclub.
Approved: Application for Class II Auto Dealers. Applicant: Thomas Forgette d/b/a Affordable Auto. Present: Attorney John Skerry ad Thomas Forgette.
Mr. Shea asked Attorney Skerry or Mr. Forgette to speak about his experience.
Attorney Skerry said that Mr. Forgette has a Bachelor’s Degree in Marketing from Nichol’s College. He said that he also has 8-10 years of experience in buying and selling cars. He said that Mr. Forgette also has previous experience as a salesman for a dealership. He said that Mr. Forgette has an agreement with Mr. Bertini who owns the piece of real estate that the lot is on. He said that Mr. Bertini does not want to issue a lease until the Licensing Board grants approval for this License. He said that Mr. Bertini is in favor of the License. He said that it is going to be a 10 year lease with various terms. He said this location has been used for decades for selling cars. He said that the premises include an office and that Mr.
Forgette said he is going to purchase equipment and furnishings. He said he believes that is licensed for 20 vehicles out front and 10 in the back.
Mr. Casey said that he needs to submit a certified plot plan with lines drawn by May 15th.
Mr. Forgette asked if all he was being asked to do is paint lines.
Attorney Skerry said he just needs to follow plot plan.
Lt. Ouellette said that there have been lots of problems with the cars there being parked to close to the street. He said there is no sidewalk there and pedestrians have to go out into the street to walk.
Mr. Forgette said he understood but that he did not want his vehicles to get damages either nor did he want anyone to get hurt. He said there is no place to put a barrier.
Lt. Ouellette stressed that pedestrians have to go into the street.
Mr. Forgette said it is imperative to his business to have the frontage.
Mr. Shea said that Mr. Forgette is to have the plan with striping to the Board by May 15 and that he need to leave a 5 foot space for pedestrians.
Mr. Forgette said he does not know if he can do that.
Mr. Shea said that this is how the Board will approve it and if there is an issue he can come back.
Mr. Casey said the License will list the conditions.
Mr. Casey motioned to approve the Class II Auto Dealers License for Thomas Forgette d/b/a Affordable Auto at 282 Canal Street. Maximum of 30 autos with 20 being in front and 10 being in the back. Must show white stripes for 20 vehicles and stripe for sidewalk. Cars must be 5 feet behind the line. Mr. Forgette must have signed lease.
Mr. Lee seconded.
Mr. Shea said that when the Board receives the Lease the License will be issued.
Approved: Request to extinguish current Class II Auto Dealer License. 282 Canal Street Sheldon and Elaine Stone d/b/a Mr. Shea said he wanted to congratulate them on all there years doing business in Salem.
Mr. Shea said that they were here to extinguish the current License and that a sale is in the process with Mr. Forgette.
Lt. Ouellette asked if the business had been closed for a while.
Mr. Stone said that there was a previous sale that was pending and after quite a while it fell through. He said when that happened he out some cars back out on the lot.
Mr. Casey said he agrees with Lt. Ouellette in that it seemed like it was quite a while that no cars were on the lot.
Mr. Stone said that yes for while no cars were on the lot but he paid to renew his License and he was paying rent for the space.
Lt. Ouellette asked if Mr. Stone had been wholesaling cars with his cousin, Mr. Gaudet.
Mr. Stone said he had no involvement with him whatsoever.
Mr. Shea said the Board is dissolving the current Class II License under the Stone’s name.
Public
Hearing: Mr. Shea said that it was the Board’s intent to close the Public Hearing. He said the Board will make a final decision on the language in the Draft Regulations over the next few days.
He said it will then go to the City Solicitor to check the proposed changes. He said the Board will then ask the City Solicitor to draft an application. He said the Board will review it and if it is okay then the Board will approve the application.
He said it is the Board’s goal to have this all accomplished within the next two meetings.
Present in the public gallery for the Public Hearing included, Michael Harris from Whaler’s Lane, Pat Liberti, Chuck Barton and one other resident. The major changes discussed are as follows and were submitted as changes to Beth Rennard, City Solicitor:
- Mr. Shea said he would like to see the annual fee increased to $500.00 from $100.00 on page 3.
- Mr. Lee said that on page 4 under Section 3 item #1, numeral # 4, that he would like to add, after the words…”not having criminal convictions” “forfeitures of owner and all employees.”
- Mr. Shea said on Page 5 Section 3, item # 1, numeral #13; he would like to ask Beth to elaborate in which Clerk this means.
- Page 6, item # 6, after the words “health department” adds the words, “Salem Redevelopment Authority.”
- Page 7, Section 4, where it states 4 reasons to deny, add a number 5 saying “Non compliance on relevant & applicable laws and ordinances as described in Section 3 item 6 of these regulations.”
- Board requested that Ms. Rennard give the Board, via e-mail, a better description of Section 6, Item #2, Letter B.
- Mr. Shea referred to Section 3, Sub-section 1, Roman numeral 15, about how the site plan should be drawn out. Mr. Shea said that he thinks it should to show neighborhood or abutters. Mr. Lee suggested that maybe Ms. Rennard could rewrite that section.
- Mr. Harris suggested, referring back to Section 3, that along with having the owners and employees of establishments CORI checked that it might also include “independent contractors of licensee.”
- Mr. Harris said that there is no language in these regulations that deal with visibility requirements from the outside. He suggested that in Section 3, Item 1C, a number 16 be added to say “No adult entertainment performance may be visible from the exterior of the licensed premises.”
- Mr. Harris said that there is no language in these regulations that address standards of conduct in regards to the degree of nudity. Mr. Barton suggested that a number 25 be added to Section 5, stating “No adult entertainment as described in these regulations shall occur within 10’ (feet) of any patrons.
Mr. Lee motioned to close the Public Hearing.
Mr. Casey seconded.
Approved: Minutes from January 12, 2009 meeting
Adjournment:
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: February 2, 2009
Approved:
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