Meeting: Salem Licensing Board held Monday April 27, 2009 at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey, Rick Lee, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk.
No Show: Ted Solovikos - Application for Outdoor Entertainment for a free Concert in Derby Square. Mr. Shea asked Ms. Pagliaro to invite him to our next meeting on May 11.
Approved: Application for a One Day Liquor License for all alcohol, requested by Becky Putnam who was unable to attend. Application is for May 1, 2009 at 337 Essex Street for The Salem Athenaeum for a lecture and reception. She will send an insurance certificate and contact police for a detail.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for One Day Liquor License. Applicant: Linda Jones, Director of Events, for Boston Ballet. Also present was Carolyn Rock, Manager of new Ballet studio
Ms. Jones said that this was Ribbon Cutting Ceremony and a reception to be held in coordination with the Chamber. Guest will see a performance and then to the reception.
Mr. Shea asked if this event will take place at the YMCA.
Ms. Jones said it would and that guests would be a given a sticker upon entering to get them admitted to the studio. She said they will be busing people in to help with the parking issue. She said that champagne, beer, soda and sparkling water will be served along with desserts.
Mr. Shea asked if the studio was segregated.
Ms. Jones said it is. She said she has already submitted the insurance certificate and has contacted the Police Department for a detail.
Approved: Application for a Street Performers License. Applicant: Tony Gangi.
Mr. Gangi said that he has been doing magic for the last 5 years and owns his own company, Hi Top Magic.
Mr. Shea said that he could not permit Mr. Gangi to perform in areas such as the Willows or Pickering Wharf, as requested. He said that he would have to contact the Park & Rec. Department for permission for that, if allowed. He said that Ms. Pagliaro could provide Mr. Gangi with a map of the B-5 area where he can perform. He asked Mr. Gangi where he was from.
Mr. Gangi said that he lives in Beverly.
Mr. Lee asked about what hours Mr. Gangi was looking to perform.
Mr. Gangi said that he would be focusing on late morning and early afternoon.
Mr. Casey asked if there was any music or amplification with his performance.
Mr. Gangi said there is none.
Mr. Casey told Mr. Gangi that he could collect tips by placing something on the ground stationary but that he can not pass anything around.
Mr. Shea said approval is conditioned on getting the Board of Probation Form back clean from Lt. Ouellette.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for Store Fortunetelling License for Sarah Montgomery at 28 Boston Street, Lady Hawk Creations.
Mr. Shea said that Ms. Montgomery was before the Board at the last meeting for an Individual Fortunetelling License and since then has rented a store front on Boston Street and is now here for a Store License.
Ms. Montgomery said that she will be the only reader for the Store right now.
Mr. Shea said that she can have 4 more sub-licensees in the future if she wished. He asked her what type of products she will be selling.
Ms. Montgomery said that she will be selling metaphysical products and she is planning on opening sometime in May.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for a Sub-Licensee Fortunetelling License. Applicant Barbara Alonzi for the Rose Watson, The Awakening Guild.
Ms. Watson said she can not tend to the store and do readings at the same time which is why she would like Ms. Alonzi to do readings.
Mr. Casey asked if her store was seasonal.
Ms. Watson said that she is open year round.
Mr. Casey motioned to approve pending the returned BOP.
Mr. Lee seconded
Approved: Application for a Common Victualler’s License. Applicant: Paul Baker, Foodies Feast, Inc. at the new Salem YMCA on Leggs Hill Road.
Mr. Shea asked about the restaurant.
Mr. Baker said that it is a 150 square foot space with a common area for seating.
Mr. Shea asked if he had a lease with the YMCA.
Mr. Baker said that he does and that the food will be prepped at his restaurant and then brought to this location.
Mr. Shea asked where his restaurant is.
Mr. Baker said he owns Foodie’s Feast in Marblehead.
Mr. Casey asked about seating.
Mr. Baker said the seating will be in a common area.
Mr. Shea asked what kind of hours he is looking for.
Mr. Baker said 6:30 am -8pm Monday-Friday and 7:30am-5pm Saturdays and Sundays.
Mr. Lee asked what he will be serving.
Mr. Baker said it will be sandwiches and bakery goods and drinks.
Mr. Shea asked how many employees there will be.
Mr. Baker said 4 or 5 with 2 working at a time.
Mr. Shea asked if anyone would like to speak.
Robert Bouchard from the public gallery said he lives on Linden Ave and is opposed. He said the YMCA cannot accommodate what they have now. He said they already have issues with violence and fights and parking issues. He said there is not enough info structure and not enough parking. He said that the neighbors in Marblehead should have been notified.
Mr. Shea asked Mr. Baker if it was the people already at the YMCA that would be using the restaurant.
Mr. Baker said that it would be.
Mr. Shea said that the LB can pull the License at any time if there is a problem but right now the issue seems benign.
Mr. Casey said the problem is with the way the structure itself was built.
Mr. Bouchard wanted it to be clear that the Marblehead Y is 100% in Salem.
Mr. Casey said that if there is any problem that appears that this is contributing to the problem the LB can call Mr. Baker back in.
Mr. Casey motioned to approve with above hours
Mr. Lee seconded
Approved: Application for a Common Victualler’s License. Applicant: Panajot Rucci, Lynde Street Café, Inc. 2 Lynde Street.
Mr. Shea asked Mr. Rucci to tell the LB about his plan.
Mr. Rucci said he plans to serve breakfast and lunch, there will be 25 seats and no waitress. He said he’d like to have the hours set as 7am-5pm Monday – Friday, 7am-1pm on Saturday and he will be closed on Sunday. There will be 4 to 5 people working.
Mr. Shea asked Mr. Rucci about his experience in food service.
Mr. Rucci said that he has worked at Land and Sea for 8 years and prior to that he owned Center Street Pizza in Danvers.
Mr. Lee asked where the Lynde Street location is.
Mr. Rucci said that is right near Ben and Jerry’s ice cream store.
Mr. Casey motioned to approve with above hours and 25 seats
Mr. Lee seconded
Approved: Application for 3 Food Vendor Locations. Applicant: Paula Kefalas.
Mr. Shea said this application id for Ms. Kefalas’ annual three spots. He said that she was in at out last meeting but that there were some concerns with her Licenses and the LB granted them temporary for two weeks. He said she is here tonight for her permanent licenses for the year. He asked Ms. Kefalas if she had the same understanding.
Ms. Kefalas said she did not have the same understanding but she does now.
Mr. Shea said that the reason they continued it until tonight was to review complaints from various departments. He asked if she was aware of the parking issues and asked if Mr. Ruiz would be working for her again this year.
Mr. Kefalas said he never received a letter.
Mr. Lee said that Lt. Ouellette hand delivered the letter to Mr. Kefalas about parking.
Mr. Shea read a summary of the letter from the Vendor Management Committee.
Mr. Lee also read the letter from the Garden Club. The woman from the club said that the Lemonade Vendor at the fountain has been stepping on the plants and flowers.
Mr. Kefalas said they did not walk on any plants.
Mr. Shea asked Lt. Ouellette if he remembered handing Mr. Kefalas any letters.
Lt. Ouellette said that he hand delivered a warning about the parking and also a letter about vending on October 31.
Mr. Shea said that it is just a matter of common sense on the rules.
Ms. Kefalas said that many people on the mall walk over and through the flowers.
Mr. Shea asked if their cart was blocking the flower beds.
Ms. Kefalas said they were not that they were in front of the flowers.
Mr. Shea asked about the idea that Mr. Ruiz is sub-contracting from Ms. Kefalas. He said that Mr. Ruiz told the LB that himself.
Ms. Kefalas said that is not true and that Mr. Ruiz does not understand most of what is said.
Mr. Kefalas said they are not looking to fight and will abide by the rules.
Lt. Ouellette said that he knows that Mr. Kefalas has some personal issues with one of the City’s female employee’s.
Mr. Kefalas said that he knows who he is speaking about and he cannot stand her.
Lt. Ouellette said someone is trying to do a job and Mr. Kefalas has personalized it and his behavior crosses the line.
Mr. Kefalas said he does not want her near his carts.
Mr. Shea said for a long time this Board has been a buffer between the Kefalas and people that have had issues with the business. He said he will revoke the licenses if he hears of any other issues with this female City Employee.
Mr. Kefalas asked who he talks to if he has an issue with this.
Mr. Shea told him to come speak to the LB.
Mr. Lee said that with approval, conditions will be listed on the licenses.
They are in regards to parking, set up times, size of cart, handicap issues, vending on Halloween.
Mr. Casey said he would like to add to that they must be off of the cobblestone entrance way to the common.
Ms. Kefalas said that she has been on the common for 15 years and always in the same spot. She said now your asking her to go near the flower beds.
Mr. Shea said to operate that way for no at the common and come back in two weeks after they open that cart if it causing a problem for them.
Mr. Kefalas said they tried it last year and it did not work.
Ms. Kefalas said the Board of Health would not allow it because that puts them in the dirt and the dirt is being kicked up around food. She said she will check her court documents.
Mr. Casey said the Court did not issue specific location.
Mr. Kefalas said that she had another issue with Mr. Shea she wanted to discuss. She said that the Court agreement allowed any member of her family to apply and be issued the Licenses. She said at the last meeting he made her take the applications out of Kevin’s name and out them only in hers.
Mr. Shea said they could talk later in private about that.
Mr. Casey said the LB said he could work but the License could not be in his name.
Mr. Shea asked that Ms. Kefalas give him a letter in regard to that. He said he was trying to be professional and confidential about that subject in a public meeting.
Lt. Ouellette said that Mr. Kefalas applied and the Board denied because of his CORI. He said even if the court said that, it is up to the discretion of the Board if there is history.
Mr. Shea asked if Ms. Kefalas would like to still discuss this in public.
Ms. Kefalas said no.
Mr. Lee moved to approve with list of conditions printed on each license.
Mr. Casey seconded
Hearing: Casa Blanca, 109 Lafayette Street. Present: Andre Moya, owner, John Mihos, attorney, and Edward Martinez, proposed manager.
Mr. Shea said he was going to have Lt. Ouellette speak on this, He said he wanted to inform Mr. Moya that he was very well represented by Mr. Martinez at the last meeting. He said that when the shooting happened the LB took no action because Lt. Ouellette and Mr. Lee felt security helped prevent the incident from taking place inside the establishment. He said after the stabbing there is something that is not working right. He said that for the last two weeks until tonight’s hearing, the entertainment license has been suspended after 5 pm on Thursdays.
Lt. Ouellette read the police report from the evening of the stabbing. He said that because of budget restraint no officer could attend tonight’s meeting.
Mr. Shea said that something is not right here. He said that something is attracting a bad crowd. He said the LB has heard that groups are coming from places like New Bedford and Fall River to this establishment. He said the LB has a responsibility to public safety. He said there is a possibility that they are doing everything right but something is still not right.
Atty. Mihos said they have already implemented changes to try to ease the issue. He said they have stopped the Thursday college night.
Mr. Martinez said that at the last meeting the LB told him to bring some sort of proposal to the Hearing about how to rectify some issues.
Atty. Mihos handed out a list of proposed changes.
Mr. Lee asked if they are still using the same security persons as Mr. Dominguez had.
Atty. Mihos said they were and the security is now using wands as well.
Mr. Shea said the proposed plan will be made available to the public.
Atty. Mihos said that another change is that the establishment will stop playing any type of music that contains any type of violence in it.
Mr. Shea asked if Mr. Martinez was still going to be manager.
Atty. Mihos said yes that is the plan.
Mr. Shea asked if Mr. Moya was running the establishment.
Mr. Moya said he was and will until he has a manager in place. He said he has not changed any of the operations from the way Mr. Dominguez was running it.
Mr. Shea continued to read from the proposal and noted that one of the changes will be a strict dress code. He asked when that will happen.
Atty. Mihos said that will be immediately.
Mr. Moya said they are closed tonight because they are interviewing for new staff. He said they will also have some new security.
Mr. Shea asked if it was correct that there were to be no more under 21 nights and if they are trying to de-promote the wrong crowds. He said another item on the list is that beer and mixed drinks will be served in plastic cups after 9 pm.
Mr. Casey also suggested that Mr. Moya contact the Chamber to become a part of the “0 tolerance policy”.
Atty. Mihos said that will be done immediately.
Mr. Shea asked if anyone thought the incident with the stabbing was not a spontaneous incident.
Mr. Martinez said he thought that the people involved knew each other and the situation just escalated.
Mr. Lee asked with security there how a weapon got in.
Mr. Martinez said that they do not know what was used in the stabbing. He said there was broken glass all over and that may have been used.
Mr. Shea there was a previous suspension for serving after hours.
Mr. Moya said that was under Mr. Ryan.
Mr. Shea said that did not matter it was running under Mr. Moya.
Mr. Lee said that he is in very strong support of a Latino bar in our City but he is now cynical because of all the problems. He also said that he was impressed with Mr. Martinez at the last meeting and that it is clear to see that he cares about the City. He said these are very, very violent crimes. He said that if the proposed steps help he supports it. He said it is Mr. Moya responsibility to try and address these errors.
Mr. Casey said that there is a history of all kinds of different nationality clubs in this City. He said it is important that the Latinos have a place to go to as well.
Mr. Shea asked if anyone would like to speak on this matter.
Lucy Corchado, in the public gallery, is from the Point Neighborhood Association. She said she has also been very supportive. She asked if clubs were rented for private parties how the under 21 rule would effect those events.
Mr. Shea said under 21 would be alright for private functions.
Ms. Corchado said she is happy that they are now using wands and hopes if there is any change in the security that they continue to use them. She also asked if there is security on the Peabody Street side of the building.
Mr. Moya said there is security at all 3 doors.
Ms. Corchado also recommended that the “0 tolerance” signs be on the door in English and in Spanish.
Councilor McCarthy also said he is very supportive of this plan. He said he is encouraged by it. He said he would like to start seeing them run on the original plan of being a restaurant and start using the kitchen more. He said that people look at this right now as more of a club.
Mr. Shea said that these are the conditions that will be attached to the License.
- O tolerance signs need to go up as soon as possible in English and Spanish.
- College night promotions are to cease immediately.
- Within 30 days LB wants to see a plan on serving food and using kitchen.
- LB would like to se a re-commitment to serving food.
- Music promoting violence will not be permitted.
- Strict dress code will be enforced immediately.
- Beer and mixed drinks will be served in plastic cups after 9pm
Mr. Shea said that later on when there has been good activity this can be amended if need be. He said they are issuing a 5 day suspension that will be suspended for one year. He said if there is any issues what so ever, inside or outside, any acts of over serving or any serving of minors that the suspension will take place immediately.
Atty: Mihos asked if there will be a Hearing.
Mr. Shea said no we are having the Hearing now. He said there can be a meeting but the suspension will happen.
Atty: Mihos agreed to have a meeting before the suspension.
Mr. .Shea said that in this Hearing tonight the LB will hold this suspension over Casa Blanca for 12 months. He also said that he would like to see an application for Change of Manager by the next meeting.
Mr. Lee motioned amend license with new conditions
Mr. Casey seconded
Hearing closed.
Old/New
Business: *New
Dorothy Hayes, neighbor to rooming house a t 315 Essex Street.
Mr. Shea said asked what she was here to discuss.
Ms. Hayes said that she is a neighbor to the rooming house at 315 Essex Street. She said there were problems this weekend as there is all the time. She said it has become intolerable. She said this weekend there was noise and screaming at 3am and the police were called.
Mr. Shea asked if this was inside or outside.
Ms. Hayes said she did not know that she was afraid to go out and see.
Mr. Shea asked if this involved occupants of 315 Essex Street.
Ms. Hayes said it did. She said she saw them go into the building. She said what is happening there is very distressing. She said she thinks the owner of the property should be called in. She said a number of the neighbors feel the same way and now the owner of that building, Mr. Morris wants to add more units.
Mr. Casey suggested that she should get a group of neighbors together and write a letter to attest to the conditions.
Ms. Hayes said that there are public safety concerns. She said that she understands that people need a place to live but there a plenty of well managed rooming houses in the City.
Mr. Shea asked Ms. Pagliaro to call Mr. Morris into the next meeting for a Hearing and asked lt. Ouellette to get police reports for the last 6 months.
Ms. Hayes said went to the records department at the Police station and the police have been called to that location over 65 times in the last few years.
Mr. Shea said Ms. Hayes should get hard, specific information on incidents.
Ms. Hayes said this is very disturbing and has become a public nuisance.
Mr. Casey asked that Lt. Ouellette get the police reports going back for the last 12 months.
Ms. Hayes said that these issues also came up at the last ZBA meeting regarding this address.
*New
Arthur Bernadino, new owner of 69-75 Congress Street.
Mr. Shea said to summarize that this is an issue of a Liquor License Transfer at this address. This License was previously seized by the DOR and auctioned off. Mr. Brogan, owner of O’Neill’s won the right to apply for the License. The paperwork for that was just received today from Atty: Skerry. Mr. Shea said that Ms. Pagliaro also just received today an e-mail from Mr. Bernadino’s attorney as well. He said all parties are looking for three transfers in one night at the next meeting so that Mr. Bernadino can begin conducting business.
Mr. Shea and Mr. Bernadino discussed why the Transfers were happening the way that they are.
Mr. Bernadino said that he will be encumbering the license from the restaurant owner.
Mr. Shea said that he is happy to see that a restaurant is going back in there. He told Mr. Bernadino to have a well thought out business plan to present to the Board at the meeting. He asked Mr. Bernadino if this helped clear things up.
Mr. Bernadino said that it did.
Mr. Shea asked what type of food they will be serving.
Mr. Bernadino said that it will be mid-priced, steak and wine.
Approved: Minutes from May 11, 2009 meeting.
Adjournment:
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: April 30, 2009
Approved: May 11, 2009
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