Meeting: Salem Licensing Board held Monday April 13, 2009 at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey, Rick Lee, and Melissa Pagliaro, Clerk. Absent was: Lt. Ouellette
Approved: Application for 5 One Day Liquor Licenses. Present: Tricia Schott, Hamilton Hall, 9 Chestnut Street.
Mr. Casey listed the dates, times and number of attendees for all 5 events. He noted that a police detail is in place and insurance certificates accompanied the applications along with payment.
Mr. Shea asked if they were all weddings and if the caterers are the same ones she has used in past events.
Ms. Schott said that all the events are weddings and all caterers are repeat.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for an Individuals Fortunetelling License. Applicant: Sarah Montgomery, 7 High Street Apt. # 303.
Mr. Casey asked where she would be reading from.
Ms. Montgomery said her home at 7 High Street and she was hoping to do some of the fairs around Halloween.
Mr. Shea said she cannot read at a store on an individual’s license. He did say she could go to read at a store that has a license as a sub-licensee.
Ms. Montgomery said she is in the process of looking for a store front.
Mr. Shea asked what her experience is.
Ms. Montgomery said she does medicine readings and has worked for stores in other states.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for a Common Victuallers License, Seasonal All Alcohol License and a Weekday Entertainment License. Applicant: Green Land Café, 87 Washington Street. Present: Paul Bolden.
Mr. Shea started by saying that he has lots of questions for the two new licenses on the Agenda tonight. He asked Mr. Bolden to give a narrative of his plan.
Mr. Bolden said that he has been a consultant in Boston for more than 20 years. He said most of his consulting was for restaurants. He said he did a lot of market research before choosing Salem for a restaurant. He said daytime will be mostly set up for carryout and sandwiches will be served, sort of like a Panera. He said that after 5 pm he will offer small plates, such as Tapas and micro brewed beers and an extensive wine list. He said that everything is organic and locally sourced. He said sandwiches will still be offered after 5 pm with the table service.
Mr. Shea asked about hours.
Mr. Bolden said that he would like the hours to be 10 am – 1 am.
Mr. Shea asked if he would serve food until 1 am, actually 12:30 am.
Mr. Bolden said yes he would be serving food until closing.
Mr. Shea asked approximately how many employees he would have.
Mr. Bolden said 13.
Mr. Casey reminded Mr. Bolden that he could not serve alcohol on Sundays until noon time.
Mr. Shea asked what Mr. Bolden was looking for in the form of entertainment.
Mr. Bolden said he would like a 1 or 2 piece band and a CD player.
Mr. Shea said he should be very specific as to what he asks for on the Entertainment License. He also asked him if he had been before other relevant Boards.
Mr. Bolden said he has been before the other necessary boards and that he should be finishing up with them this Wednesday.
Mr. Shea asked who would be managing.
Mr. Bolden said that he would be the manager.
Mr. Shea asked about his opening date.
Mr. Bolden said he is aiming for the first of June.
Mr. Lee wanted to speak about recent correspondence that was sent to the LB recently. He said that the Council noted two issues. One being the numbering at the establishment and the other to do with Mr. Bolden’s P.O. Box. He asked if Mr. Bolden had received this letter.
Mr. Bolden said he just received it. He said he has already called the landlord of the building to rectify the numbering issue and that he will give the City Council a street address. He said that he only used the P.O. Box in the letter to the Mayor and set that up because he is still under construction.
Mr. Casey asked if all businesses in that building were #87.
Mr. Bolden said that they all have different numbers but his is #87.
Mr. Casey asked Mr. Bolden what his training is in serving alcohol.
Mr. Bolden said that for the last 18 months he has worked for Bacca Restaurant in the North End. He said that he is TIPS certified and that all his employees handling alcohol will be as well.
Mr. Shea asked Mr. Bolden to go over the floor plan.
Mr. Bolden went over the floor plan with the Board and said that there will be seating for about 32 inside and with outdoor seating the total will be between 55-60.
Mr. Casey asked if he had obtained approval for the outdoor seating.
Mr. Bolden said that he is finishing that up on Wednesday.
Mr. Shea asked if he was seeking permission from the LB to have outdoor seating as well.
Mr. Bolden said that he would like 20 seats with 10 tables.
Mr. Shea said that Mr. Bolden will need to be very careful about the outdoor seating with minors that may congregate out back.
Mr. Shea asked how long of a lease Mr. Bolden signed.
Mr. Bolden said that he signed a 20 year lease. He said he now plans to buy a home in Salem as well.
Mr. Shea said that he would like Mr. Bolden to review his Entertainment.
Mr. Bolden said he would like to have recorded music, 2 TV’s, and a 2 pc live band. He said it would most likely be a 1 piece band most of the time.
Mr. Shea said the Board would approve it for two and then he could have either. He asked Mr. Bolden what time he would like to have live entertainment from.
Mr. Bolden said from 5pm-11pm.
Mr. Shea asked if anyone had any comments or questions.
Councilor O’Keefe said that he sent the letter on behalf of the City Council. He went over the issues that concern him as Mr. Lee read earlier. He said that he does not support this plan without a sprinkler system.
Mr. Shea said he thinks that after hearing Mr. Bolden this is a great investment and that it is very well planned. He asked him where the name came from.
Mr. Bolden said that energy and natural and organic was behind the name.
Mr. Casey motioned to approve the C/V License for Green Land Café LLC at 87 Washington Street 10 am-1 am 6 days a week and noon – 1am on Sundays. 32 person capacity inside. Further plans for approval of outdoor seating, future discussion about sprinklers and final Board of Health signature on routing slip necessary.
Mr. Lee seconded.
Mr. Casey motioned to approve application of Seasonal All alcohol License with same hours contingent upon new floor plan, completing process with all other departments and address of establishment fixed and PO Box for Mr. Bolden being changed to a street address.
Mr. Casey motioned to approve the Weekday Entertainment License for 2 TV’s, recorded music, 2 pc live music Sun-Sat from 5 pm-11 pm, no outdoor music or speakers at this time.
Mr. Lee seconded.
Application: Application for a Home Rule Petition, Annual All Alcohol Liquor License. Applicant: JMRS Restaurant, Inc. d/b/a/ Tavern in the Square
Present: Attorney Joseph Correnti, Renado Valentim, manager/owner, Joey Arcari, owner, Steven DeSousa, Director of Operations/owner.
Mark Morris is also an owner but not present tonight.
Mr. Shea said that this is a License through the Home Rule Petition and asked for a description of the plan.
Attorney Correnti said that Mr. Arcari is currently operating 10 restaurants and is very experienced in this field. He said the location for this restaurant is in the old Salem News building and is an outstanding location. He said that Mr. Arcari has worked very closely for the last 18
months with the building owners RCG, along with the Mayor’s Office and City Council.
Mr. Arcari said that he opened his first restaurant in 1995 and has opened another one every year since. He said his partners are people who worked for him and worked their way up and he made them owners as well.
Mr. Shea asked him about his other restaurants.
Mr. Arcari named several of his other locations. He said the Tavern will be a casual concept with a focus on food and micro brewed beer. He said it will be a mixed type of clientele.
Mr. Shea asked what Mr. Arcari would like the hours to be.
Mr. Arcari said he would like to open from 10 am – 1 am, with brunch being served on Sundays.
Mr. Shea reminded them that they cannot serve alcohol until noon on Sundays.
Mr. Casey asked when they plan to open.
Mr. Arcari said possibly the last week in May.
Mr. Shea asked how many employees there will be.
Mr. Arcari said approximately 70.
Mr. Casey asked if Mr. Arcari could tell the Board how he will handle serving. He said there are very strict rules on serving alcohol.
Mr. Arcari said that anyone that is handling alcohol will be TIPS certified. He said that there will also be door staff.
Mr. Casey asked if they would have an ID machine at the front door.
Mr. Arcari said that they have one at their Allston location and really did not think of one for here but will consider it.
Mr. Lee asked if he will have people outside of the restaurant.
Mr. Arcari said there will be door staff.
Mr. Lee talked about the “zero tolerance policy” that many establishments are a part of. He suggested that Mr. Arcari talk to the Chamber of Commerce about it.
Mr. Shea asked what he wanted for entertainment.
Mr. Arcari said that they would like to have trivia night a couple of times a week, Thursday Friday and Saturday nights he would like to have a DJ and a 5 pc band on the weekends. He said they will serve food until mid night.
Mr. Casey asked about the floor plan.
Mr. Arcari reviewed the floor plan with the Board. He said there are 256 seats and a capacity of 308. He said they would like outdoor seating as well.
Attorney Correnti said the SRA told them they do not have to come to the Licensing Board.
Mr. Casey said they do if they are serving alcohol outside.
Mr. Arcari said there would be evergreen barriers for the outdoor seating section and they would like to serve outside until 11 pm.
Mr. Casey asked what the outside capacity is.
Mr. Arcari said 180.
Attorney Correnti said the architect drew the maximum.
Mr. Shea asked them what the Board should consider. He said he thought they should come back to the Board on the outdoor seating plan later.
Attorney Correnti asked if the Board wanted to segregate that issue out of the application.
Mr. Arcari said the landlords said the City was who encouraged outdoor seating.
Mr. Shea asked if they could come back with a modified outdoor seating plan. He said that this will be the end of granting Home Rule petitions for now. He said that anyone who is currently in the process will be allowed. He said some planning needs to be done on how many Home Rule and Seasonal Licenses the Board will grant. He said this is a well thought plan but it will stop after the pending ones.
Mr. Casey said he is concerned with the number for outdoor seating. He asked what they will do with 180 people if it starts to rain.
Mr. Arcari said that they have a canopy system that will cover some but not all of the outdoor seating.
Mr. Shea asked if Ms. Pagliaro and Attorney Correnti could have someone from the SRA at the next meeting to discuss this.
Mr. Shea asked if anyone in the public gallery would like to speak. No one did.
Mr. Casey said that he is concerned about the entertainment with residents upstairs.
Mr. Arcari said that he had already questioned that and put a very large amount of money into a Chicago sound rail system for sound.
Attorney Correnti said that Mr. Arcari spent $60,000.00 to put this state of the art system in. He said that this was Mr. Arcari’s first concern.
Mr. Lee motioned to approve the License subject to the Governor’s signature on the Home Rule, SRA updated plan for outdoor seating, and the routing slip being completed, with the hours from 10 am – 1 am, 7 days a week. Board will approve outside plan at a later date.
Mr. Casey seconded.
Mr. Casey motioned to approve the Common Victuallers License for Tavern in the Square 163-189 Washington Street from 10 am – 1 am, 7 days a week.
Mr. Lee seconded.
Mr. Casey motioned to approve the Entertainment License for a 5 pc band, disc jockey, 2 projection screens, 30 TV’s, CD’s and a juke box.
Mr. Lee seconded.
Approved: Application for a Transfer of Liquor License for Thomand, Inc. d/b/a/ Murphy’s, 300 Derby Street. Present: Attorney Howard Pinta, Peter and Susan Kelly.
Mr. Shea started by saying that the Kelly’s are buying the restaurant and the License. He asked to hear about the new plan.
Attorney Pinta said that Peter and Susan have run these types of establishments for 25 years. He said they recently sold Paddy Kelly’s in Peabody. He said they also own the Pickled Onion in Beverly. He said that the Kelly’s have years of experience dealing with issues around crowds and people. They have done lots of research on where to open there next establishment and they think Salem is great opportunity. They would also be asking to keep the same entertainment license that there is now.
Mr. Shea asked who the Manager would be.
Ms. Kelly said she would be.
Mr. Shea asked what they intended to use the second floor for.
Mr. Kelley said they would like to use it for functions and live bands. He said there is a great potential for functions there.
Mr. Casey asked what hours they are looking for.
Mr. Kelly said 7 days a week from 8 am-1am.
Mr. Casey reminded him that they cannot serve until noon on Sundays.
Mr. Shea said he would encourage the Kelly’s to schedule meeting with the neighbors. He said he thinks any issues that there are manageable. He said this looks like a great plan. He asked if there is anyone in the public gallery that would like to speak.
Rick Wolf, in the public gallery, resident of Derby Lofts. Mr. Wolf said there are various resident concerns for this new establishment based on the experience with the old establishment. He said the noise and caused many weekends and evenings in an uncomfortable situation. He said he thinks the Boars need an abundance of caution moving forward with regards to the entertainment license. He said based on the press release, this establishment is going to be filled with a lively and drinking crowd.
Susan Abelton, in the public gallery, resident of Derby Lofts. She said she is in support of Salem and likes the new businesses’ but she feels there needs to be a balance between commercial and residential. She said there is a concern for themselves, there children and there property. She said she would like to see the outdoor restrictions reviewed.
Ted Solovikos, in the public gallery. Mr. Solovikos said he is a musician and has played the Pickled Onion in Beverly many times and has never seen a problem.
Mary Lynn Wolf, in the public gallery, resident of Derby Lofts. She said that the structure of the 300 Derby Street building is very old. She said the windows are single pain glass. She said when there is a function on the second floor she can hear everything. She also asked about the main entrance on 300 Derby Street and why they use Central Street. She said on Central Street, residents can smell the smoke hear the talking and fighting. She asked if they could please use Derby Street and she thinks that will alleviate some issues.
Mr. Shea said that the site has been used as a restaurant type establishment for over 30 years, long before residents were there, but he agrees that some balance has to be found. He said it is a great thought to use Derby Street as the entrance and exit. Mr. Kelly said he would encourage people to smoke in the patio area but he thinks there is an issue on Derby Street with opening and closing the gate.
Mr. Shea asked if Mr. and Mrs. Kelly if they were aware of the second floor window issue. He also asked if he would think of some sort of solution.
Mr. Kelly said this is the first time they have heard of it. He said he did plan on moving the band to the side of the building where the cemetery is and that might help.
Attorney Pinta said that the submitted the floor plan used by Spirits and would not be changing it.
Mr. Shea said he would like to condition the License on Mr. Kelly scheduling a meeting with the residents at Derby lofts with in the next 30 days.
Councilor McCarthy said that eh would be happy to try and facilitate a meeting.
Mr. Casey asked if Mr. Kelly has already taken over License.
Mr. Kelly said he had not because the deal was contingent upon the granting of the License.
Attorney Pinta said no money has yet changed hands.
Mr. Casey motioned to approve C/V License for 1st and 2nd floor dining areas, from 8 am-1am, 7 days a week.
Mr. Lee motioned to second.
Mr. Casey motioned to approve the Transfer of Liquor License from 300 Derby Street LLC, to Thomand, Inc.
Mr. Lee seconded.
Mr. Casey motioned to approve the Weekday Entertainment License for 1 radio, 12 TV’s, 2 juke boxes, karaoke, live band limited to 4 pieces, open mic, DJ and trivia. No outdoor music.
Mr. Wolf said he strongly agrees with no outdoor music on the patio.
He also asked if the Board would not allow amplification on the second floor or at least limit it.
Mr. Shea said that he is not inclined to do that just yet.
Mr. Lee said that Mr. Kelly already has a plan to try and move the band to another location.
Mr. Kelly asked about the process for outdoor seating. He would like to have it on Saturday and Sunday.
Mr. Shea said to come back for the outdoor seating.
Discussion: Mr. Shea asked if there was any representation for ADM Auto present.
Attorney Stephen Kiley was present.
Mr. Shea called a recess and him and Attorney Kiley spoke separately in the other room.
Mr. Shea said that # 6 & 7 will be dealt with administratively and are removed from the Agenda.
Approved: 3 Food Vendor Locations for Paula Kefalas.
Mr. Shea said that the applications need to be redone and filled out in just Paula’s name.
Mr. Shea said there are some people that have concerns that may like to attend the next meeting to address the concerns. He said they may operate for the next two weeks with a temporary license until the next meeting. 3 locations for the next two weeks, contingent upon the CORI’s for the workers being done.
Mr. Kefalas asked what people have to do with his business.
Mr. Shea said that anyone has the right to express concerns.
Mr. Casey motioned to approve 3 licenses, temporarily for two weeks, CORI’s must be done on workers.
Mr. Lee seconded.
Discussion: Casa Blanca 109 Lafayette Street
Mr. Shea asked if anyone was here to represent Casa Blanca.
Mr. Edward Martinez came forward to say that Mr. Moya was very sick and he was here to speak on his behalf. He said that he is a close friend to Mr. Moya and he was there the night of the stabbing.
Ms. Pagliaro informed the Board that it was Mr. Moya intent to out Mr. Martinez on as the restaurant Manager.
Mr. Shea asked Mr. Martinez where he lived.
Mr. Martinez said 7 Ferris Road in Lynn.
Mr. Shea asked if Mr. Moya authorized him to speak on his behalf.
Mr. Martinez said that he did.
Mr. Shea said that they did not have time to send out notice for a Hearing so tonight is just a discussion. He said a Hearing would take place in two weeks. He said he knows that Lt. Ouellette and Mr. Lee went to the establishment before the stabbing and the shooting and they were impressed with security. He also said that clearly something is not right here with these incidents occurring. He said the Board may need to get to the bottom of this or the Board just might have to close the establishment down.
Mr. Casey said they may want to have some representation at the Hearing.
Mr. Shea asked Mr. Martinez to explain what happened.
Mr. Martinez said that the night of the incident at about 12:40 am the crowd was being led out by security. He said before that two men started to argue, security intervened and the guys shook hands and everything seemed to be alright. He said upon exiting the victim threw a chair at the other man and everything just went wild and then he heard someone saying that someone got cut.
Mr. Shea asked if they were regulars or employees.
Mr. Martinez said they were not.
Mr. Shea he needs to what they can do or how to avoid these situations.
Mr. Martinez said the establishment is now 21 and over, they have 6 security guards for a crowd of about 98 people and that they don’t serve any alcohol after 12:15 am. He said they are already trying hard.
Mr. Casey asked Mr. Lee about security.
Mr. Lee said the night that him and Lt. Ouellette went in they were frisked at the door by security.
Mr. Martinez said the police report does not say what instrument was used in the stabbing. He said he is not sure how anything got in the bar or if it was something from in the bar that was used in the stabbing.
Mr. Casey asked what the establishment can do to prevent this.
Mr. Lee said he thinks a part of the problem is the clientele. He said it is the wrong crowd getting pulled in from different areas to come to this establishment.
Mr. Shea asked about what nights these incidents took place.
Mr. Martinez said that he thinks both were a Thursday and they were not on Latin nights. He said it was mixed crowd.
Mr. Shea asked Ms. Pagliaro to check with the Police Department on the dates. He asked if anyone else would like to speak to this matter.
Lucy Corchado, from the Point Neighborhood Association, said she would like to see some protocol. She said she is not sure if it is the same security group there that has been or not. She said maybe there is a need for security wands. She also sad she questions promotional posters. She said they are being distributed in places like Lynn and Lawrence and other areas. She said she would like to see what is in place for advertisement and wands.
Councilor McCarthy said he’d like to know in a two week period how many under 21’s there were. He said he knows MGL allows under 21 because food is served and knows they wristband them but still thinks this is a problem. He said that the mixed ages could be a problem.
Mr. Shea said the 18 year olds are debatable because in MA you can be 18 and serve alcohol.
Mr. Martinez stated again that it is already now 21 and over. He said they are now focusing in on trying to get the right crowd in.
Councilor McCarthy said it is a good step forward to keep it 21 and over.
Mr. Shea said that Mr. Martinez seemed to have great potential as Manager and that he is very well spoken.
Mr. Lee motioned to suspend the Thursday night Entertainment License after 5 pm until the Hearing.
Mr. Casey seconded.
Councilor McCarthy asked about current ownership.
Mr. Shea said that the Board just had Mr. Moya in to discuss this issue a couple of weeks ago. Mr. Dominguez was purchasing the establishment but the Transfer did not go through the ABCC and Mr. Dominguez decided not to go forward. Mr. Moya’s ownership of the establishment never ceased so he is still the owner and Manager.
Discussion: Phil Wyman, Pastor of the gathering and Tim Solovikos.
Mr. Wyman said the Gathering is coming up on its 10th anniversary and would like to have a sort of street fair. He said one thing the gathering had done in past years is the stage at the fountain at Halloween time and the give out for free about 10,000 cups of hot chocolate.
He said for this street fair he would like to have Mr. Solvikos’ free concert that he usually does be a pert of the fair. He said he also talked to Mamadou Dioup about another stage for entertainment.
Mr. Shea said he thinks for a Street Fair he may have to start somewhere else. He asked what Mr. Wyman was asking of the Licensing Board.
Mr. Wyman said the first part of this idea is the Street Performers in prime locations.
Mr. Shea said he does not want the LB to act as an independent player in this decision. He asked if he could produce the Board with a letter form the Mayor or possibly Ellen Talkowsky. He said that he should come in with more of a set plan. He said it looks like a great idea but that the LB does not usually approve big events.
Mr. Wyman said that everyone has told him to come to this Board.
Mr. Shea asked that he get something in writing or to talk to Ellen.
Mr. Casey said that there would not be a blanket license that it would be an individual license for vendors.
Discussion: Salem Classic Auto Sales. Present: Joe Duyon and Greg DiGregorio
Mr. Shea asked why they were here tonight.
Mr. Duyon said that the last time they were before the Board that he was going to move his business to Meadow Street and the Board approved that move. He said the Landlord he had the Lease with backed out on him and rented the space to someone else while he was in Florida.
Mr. DiGregorio said that he now wants to buy Mr. Duyon’s business and wants to move it to Jefferson Ave where his collision shop is.
Mr. Casey asked if this would be Mr. DiGregorio’s principle business.
Mr. DiGregorio said no but they are all different corporations.
Mr. Shea said that he needs to fill out a formal application and go through process.
Councilor O’Keefe stood up and spoke on behalf of Councilor Pelletier. He said that Councilor Pelletier is concerned about the property on Jefferson Ave. He said there are all kinds of cars that are on the property unregistered and uninsured within 100 feet of wetlands. He said there is also a truck belonging to Broadway Collision that is unregistered with NH plates on it. He said there is up to 13 cars in back of the property.
Mr. Shea said that they need to complete an application for 63 Jefferson Ave along with providing a plot plan. He also read correspondence from the Building Commissioner in regards to a plot plan. He said once a formal application was complete and everything was in place they could be placed back on a future Agenda.
Old/New
Business: * New:
Tammy Harrington from Salem Trolley just wanted to come in and quickly speak to the Board. She said she used to work for Salem Trolley but has been gone for a few years and just wanted to be sure on what is happening now in regards to ticket sales.
Mr. Shea said the LB does not License trolleys but asked her how we could help.
Ms. Harrington wanted to ask about ticket sales. She said it just does not seem very professional to have so many ticket sellers out downtown.
Mr. Casey said that maybe she could put some kind of plan together and present it to City View. Mr. Shea said that he really has an absence of authority in regards to this issue.
Councilor O’Keefe suggested that both Salem Trolley and City View communicate with the City Council.
Mr. Shea agrees they should speak with the Council.
*New
Mr. Casey wanted to report that to date Pegasus Auto has yet to submit new Articles of Organization or a bond. They have not lined the required spaces either and are reportedly parking cars in the restricted area.
Mr. Casey said he will get a DRAFT of a letter to Ms. Pagliaro to send out registered. Mr. Casey asked that Cpt. Tucker and lt. Ouellette be Cc’d.
*Old
Mr. Casey asked what was happening with the Target Café.
Ms. Pagliaro said she has bee working through the application process with the Corporate Offices.
*New
Mr. Casey said he would like the approval of Mr. Shea to stop in Honga Restaurant on Boston Street and speak with them regarding the odor. Mr. Shea approved.
*Old
Mr. Casey reported that the Convenience/Liquor store located on Lafayette Street near Christina’s Pizza has great signage.
*New
Mr. Shea discussed the hours for Street performers. He said all Street Performers should end at 8 pm to be consistent from here forward.
Commun-
ications: *Letter from Thomas St. Pierre, Building Commissioner about 63 Jefferson Ave.
*Map of Urban Renewal Area from SRA for Outdoor Seating.
*Letter of approval from Council for early open hours for 262 Highland Ave./ Dunkin Donuts.
*Copy of Ordinance for Outdoor Seating.
Approved: Minutes from March 23, 2009 meeting.
Adjournment:
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: April 21, 2009
Approved: April 27, 2009
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