Meeting: Salem Licensing Board held Monday July 13, 2009 at 7:00 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: Historic Salem. Present: Richard Thompson.
Mr. Casey read that the event is a wine tasting on August 9 from 6:30-9pm on the Friendship. He asked if tickets were being sold to this event.
Mr. Thompson said they were and the cost for members was $50 and $65 for non-members.
Mr. Casey said insurance is with the application but asked about a police detail.
Mr., Thompson said that there will be a National Park Officer present.
Mr. Shea asked Lt. Ouellette if that was acceptable.
Lt. Ouellette said he did not remember not having a police detail in the past.
Mr. Thompson said that when they had event sin the past at the visitor’s center they always only had a National Parks Officer present.
Mr. Shea said to keep it consistent they need to arrange for a Salem Police Officer detail to be present for the event.
Mr. Casey motioned to approve with the condition that a detail officer form Salem Police be present.
Mr. Lee seconded
Approved: Street Performers License. Applicant: Antonia Tsangaris
Mr. Shea asked what she does.
Ms. Tsangaris said that she is a living statue.
Mr. Shea asked her if there was any music.
Ms. Tsangaris said there was not.
Mr. Shea explained the area in which she is allowed to perform.
Mr. Casey explained the way in which she could collect tips and told her there was no passing anything around.
Mr. Shea informed her that the hours she may perform are between 10am-8pm.
Mr. Lee motioned to approve
Mr. Casey seconded
Approved: Individual Fortunetelling License. Applicant: Maureen Cavanauh.
Ms. Cavanauh said that she just would like to have the License to do reading every so often form home.
Mr. Casey said to notify the Board if she wished to go work somewhere because that is a different License.
Mr. Shea asked her experience.
Ms. Cavanauh said she does not like the term Fortunetelling. She said she does numerology and has done it for over 40 years. She said that the only time she charged people for it was when she was working for someone else. She herself does not charge people.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Street Performers License. Applicant: Simon Gerstein.
Mr. Shea asked what Mr. Gerstein does.
Mr. Gerstein said that he plays the cello.
Mr. Shea asked if it was amplified.
Mr. Gerstein said that it was not.
Mr. Shea explained how he could collect tips and that he could not pass anything around.
Mr. Gerstein asked if he could sell CD’s.
Mr. Shea said he could not.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Street Performers License. Applicant: Lily Press
Mr. Shea asked what she does.
Ms. Press said that she plays the harp.
Mr. Casey asked her where she would like to perform.
Ms. Press said same B% area as other Performers.
Mr. Casey asked if anything she used was amplified.
Ms. Press said no.
Mr., Casey said she could perform 7 days a week from 10am-8pm.
Mr. Shea asked if she would be working with the cello player,
Ms. Press said she might from time to time but not all the time.
Mr. Casey said she could have a hat or case for tips but passing anything around is not allowed.
Mr. Casey motioned to approve
Mr. Lee seconded
No Show: Application for an Individuals Fortunetelling License. Applicant: Brian McIlroy
Approved: Application for a Common Victualler’s License. Applicant: Target Corporation. Present: Jennifer Ferreira.
Mr. Shea noted that this was for the existing store/food court that was on Highland Ave.
Ms. Ferreira said that for that last year she has been the front end, food and clothing manager.
Mr. Shea asked her to describe the food establishment part of the business.
Ms. Ferreira said that the café is open M-S from 8am-9pm and on Sundays from 8 am-8pm; it has 29 seats and serves pizza hut items, popcorn, drinks etc.
Mr. Casey asked when it opened.
Ms. Ferreira said on 2002.
Mr. Casey said they have been chasing Target for years to apply for this License.
Ms. Ferreira said she is fairly new to this position so she was not aware of that.
Mr. Shea asked if there was any entertainment in the form of radio or TV.
Ms. Ferreira said there was not.
Mr. Casey said he would like to have a motion to for the last seven years of the Common Victualler’s License.
Councilor O’Keefe respectfully requested that they waive those fees due to the fact that Target has been a huge sponsor of the fireworks and gave $10,000.00 this year for the display.
Mr. Casey said he withdraws his request for the motion.
Mr. Casey motioned to approve the C/V license for Target as discussed
Mr. Lee seconded
Vote to
Extend
License: Jaho Coffee, 60 Wharf Street.
Mr. Shea informed Mr. Messini, owner of Jaho that he did not have to be present after receiving an update of the business via e-mail. Mr. Shea said that as noted in the e-mail, Mr. Messini is or has not roasted any coffee at this location as initially planned. He is asking the Board to extend his trial C/V License to the end of the year when all other C/V Licenses expire.
Mr. Lee motioned to make the License a permanent license good until December 31, 2009, with the condition that there be no roasting whatsoever
Mr. Casey seconded
*In a separate discussion, Councilor O’Keefe said that he has an issue with the outdoor seating at his Derby Street location. He said he does not feel he is licenses properly to have tables out there and there have complaints that have come before Council in regards to this issue.
Mr. Shea said the Board would review the Derby Street file.
Discussion: The Old Spot, Essex Street. Present: Milissa Oriabi and Brendan Crocker, owners.
Mr. Shea said that this issue of noise had been in front of the Board before and he will hear from the residents and then hear from the Old Spot owners.
Amanda Lennon from 2 Hawthorne Blvd, Unit #2. She said that she has written multiple e-mails to the Board and that she has tried to work out a compromise, tried listening to the band being moved to a different spot, and nothing works, there is no difference.
Mr. Shea asked what type of noise exactly.
Ms. Lennon said that it is the noise and it vibrated in her unit.
Mr. Ianuzzi said he is the husband of Ms. Lennon. He said that at one pint he was working with Sgt. Rocheville from Community Impact and that he came over while the band was playing and said that it violates the noise ordinance and referred to which ordinance that was. He said that the band stopped playing for a while and started up recently again.
Mr. Shea asked when they began to play again.
Mr. Ianuzzi said three weeks ago.
Mr. Shea asked if was better or worse.
Mr. Ianuzzi said that it was the same.
Jim Grovecker from 2 Hawthorne Blvd. Unit #3 said he lives above the bar area. He said he can hear and feel the vibrations.
Mr. Shea asked about the entertainment only being on Mondays and it was louder earlier or later.
Mr. Grovecker said that it varies.
Mr. Shea asked if one group was louder that the others.
Mr. Grovecker said that it is the same group all of the time. He said at times it is louder than others.
Mr. Shea asked if Mr. Grovecker would like to say anything else.
Mr. Grovecker said that as a new resident did not even know that there was a band.
Mr. Shea asked if they checked with the realtor.
Mr. Grovecker said they were told that it was stopped.
Diane Grovecker, 2 Hawthorne Blvd, Unit #3, said they have had a sound test done.
Mr. Ianuzzi said that they had a sound test done last year and another one done two weeks ago.
Mr. Shea asked if any of the residents had children.
All of the residents responded they did not.
Mr. Ianuzzi said that there is also another resident who could not be present tonight, Mr. Lee.
Mr. Shea asked if Mr. Lee felt the same as the other residents.
All of the residents responded yes.
Mr. Shea said if there was nothing further from the residents that he would like to give the owners of the Old Spot a chance to speak. He said that the Board knows that the Old Spot runs a good operation with limited entertainment. He respectfully said that the residents were aware that they were buying above a restaurant.
Mr. Iannuzzi said that they are not in opposition to any of the other noises that come from living above the restaurant and he is aware that it is a busy intersection. He said that he does not even mind the band; it is the volume at late hours.
Mr. Shea said that Ms. Oriabi and Mr. Crocker have heard the residents. He said this is a tough situation but that at some point some action has to be taken because the residents do have rights too.
Ms. Oriabi said that these questions have been previously asked and answered. She said that there was no hiding the fact when she purchased the business that it was going to run the same as the previous restaurant, McSwiggins. She said she is not sure why Jim was not told about the entertainment. She said that she feels that the owners were lied to by the Real Estate Agent. She said that they have an entertainment license for 7 nights a week but they have already compromised by only having it one night a week. She said the commercial contract they made with the Mahoney’s is not different than the contract the residents made with the Mahoney’s. She said that they are being crushed financially and they would not have entered into the business here if they knew this. She said another
point is that the responsible party is the Mahoney’s. She said that she does not think that the residents have any idea of all the compromises that they have presented to the Mahoney’s.
Mr. Shea asked them to tell the Board some of the suggestions that were offered.
Ms. Oriabi said that she and Mr. Crocker have asked the Mahoney’s to buy them out of their lease, fix the building, or go back to the Contractor who did the work. She said that the residents had a chance to check out the entertainment before purchasing and that the Old Spot are the only ones they are seeking relief from.
Mr. Shea said that for those reasons the Board taking paused on any action for a year.
Mr. Crocker said that they have not had any entertainment at all for eight months previous to the band begging three weeks ago.
Ms. Oriabi said that she has written several letters to all departments, the Bldg. Department, Community Impact, Licensing, etc. She said she has been in recent contact with the Building Department about the STC rating. She said the Mahoney’s told her the reason for all of this is because of the vibration by-law. She said that during one of the test while she was up in one of the units it was loud, not louder than expected for living above a restaurant, but that nothing was vibrating. She said that they have a case pending in Superior Court and, not even the court would not grant the Mahoney’s relief on these matters.
Mr. Shea said as a suggestion that maybe they could go all acoustic after 11pm and that might help.
Ms. Oriabi said they are all acoustic now.
Mr. Ianuzzi said that he has seen a bass guitar plugged in.
Mr. Crocker said that there are still a drum and a sax that are not amplified but the guitar and organ are plugged in.
Mr. Shea asked how realistic that suggestion would be.
Mr. Crocker said not very realistic.
Ms. Oriabi said they have recently suggested other ways as well such as the condo owners putting pressure on the Mahoney’s to accept one of the compromises that have been offered.
Mr. Shea asked about having a different band.
Ms. Oriabi said that she has offered a different band and asked that if she had someone else perform if having more nights of entertainment would be acceptable. She said the condo owners said no to that as well.
Mr. Crocker said that the band Head Shaft that performs at the Old Spot has built a Monday night business.
Mr. Shea asked what time patrons come in to see them play.
Mr. Crocker said it is usually a later in the night crowd.
Mr. Lee said that he and Lt. Ouellette have been out and around downtown for the last month. He said that it is always quiet around the Old Spot and they never see any problems. He said he understands both sides and wanted Ms. Oriabi and Mr. Crocker to know that no other Department is circumventing this Board. However, he said some action is needed and no party will be happy either way.
Mr. Casey suggested that Old Spot try to have another band for 4 weeks and see if it makes a difference.
Mr. Corcker said the business that they make on Monday night is from that band playing.
Ms. Oriabi said they have tried having other bands in the past. She said she is hoping to have another meeting with the condo owners trying to compel them to have the Mahoney’s do something.
Mr. Shea asked the resident if it would make a difference if this was on another night.
Ms. Lennon said no it is just too loud.
Mr. Ianuzzi said that the condo owners only have so much sway with the developers. He said it is probably as hard to work with them as what it is for the Old Spot to work with them.
Ms. Oriabi said this is still pending litigation.
Mr. Shea asked if she knew when this would be resolved.
Ms. Oriabi said August 2010.
Mr. Lee motioned to amend the Entertainment License for four weeks until the August 10 meeting to nothing electric powered to be played in band after 11pm. Instruments to be acoustic only after 11.
Mr. Casey seconded
*Discussion:
Mr. Shea said that the Board will review this again at the August 10 LB meeting.
Mr. Crocker asked about this evening’s entertainment.
Mr. Shea said they were fine to continue as id for tonight but beginning next week acoustic after 11pm.
Hearing: O’Neill’s. Present: Ron Brogan, owner.
Mr. Shea said that he is here because of an incident on Friday June 19. He said that the Board unfortunately does not have the report available but that it is believed that the people involved were O’Neill’s patrons. He said as A Licensee Mr. Brogan needs to take more responsibility for his patrons. He said that because of this incident there was damage to a vehicle and two police officers were injured.
Mr. Lee said that at closing time this establishment puts everyone out and closes the door. He said that he approached a bouncer and asked if there was a manager present and the bouncer did not give him a response. He said Mr. Brogan needs to instruct his bouncers and managers to keep patron moving along at closing time quietly. He said the bouncers that night did nothing to stop this incident. He said he has a problem with the bouncer and the way this happened.
Mr. Brogan agreed. He said that the doorman should have absolutely jumped in abut he does not why he did not. He said there is a policy to about dispersing people after closing but for some reason it did not happen that night.
Mr. Lee said that he and Lt. Ouellette were out the next Friday and the staff did a very good job at clearing the crowd.
Mr. Lee motioned to issue a written warning to O’Neill’s
Mr. Casey seconded
*Discussion:
Mr. Shea told Mr. Brogan to keep an eye out for over serving. He said this warning will remain in effect for 12 months and that if there is another incident it will be serious with this warning on record.
Mr., brogan said he would be having a discussion with his staff because he was not aware of how the incident ended.
Hearing: Top Speed Auto Sales, 41 Boston Street. Present: Ruben Santos, owner and Attorney Charles Martins.
Mr. Shea said that Mr. Santos is being called before the Board because several issues have been brought up. He said that on June 29, 2009 Mr. Casey and Lt. Ouellette went to inspect Top Speed Auto after some complaints were received. He said it appears as though the license is not being used properly. Some of the complaints were that Mr. Ruben was trying to lease the license, that people were sleeping in the office and cars were not being logged into the registry book. He said that form some of the comments that Mr. Santos has made he thinks he can sell his License. He said that the Licensing Department was also notified by RMV and other enforcement agencies that they have issue with this dealer as well. Mr. Casey read his report from the
June 29 inspection into the record.
Mr. Shea said that this Board is not naïve and realizes that sometimes used car dealerships will get complaints. He said the Board researches and checks things but that the information we have corroborates the complaints. He said that Mr. Ruben cannot sell the license and the Board will not just issue it to anyone. He asked Mr. Santos to prove why the Board should not revoke his license.
Attorney asked Mr. Shea if this was formally the first time that Mr. Santos had been called before the Licensing Board.
Mr. Shea said that it was.
Attorney Martins said that he had very limited facts. He said his client has held the License for several years.
Mr. Shea said it was not several years, maybe 4 years.
Attorney Martins said that recently Mr. Santos has had some problems and has attempted to sell the business. He said he thinks there was some miscommunication. He said Mr. Santos also owns the land and that he was looking to lease the property and the business would be free. He said that Mr. Ruben can lease the land to someone who can clean it up.
Mr. Shea said that if the leasing is successful that Mr. Santos would have to extinguish his license anyway. He said the Board is just doing that early by revoking it.
Attorney martins said he feels that this is all because a disgruntled employee made some overtures. He then began to translate for Mr. Santos saying that in the last 4 months a lot of his problems have been caused by that employee.
Mr. Shea said that he has seen that happen before but that the Board checked carefully and that other issues of a serious nature have come about. He said Mr. Santos can still have a sale because that lot has been used for years as a used car lot. He said he should take care of what he ahs to in two weeks time.
Mr. Casey said that he cannot sell those vehicles because they are in no condition to be sold.
Attorney Martins said that two weeks is not a lot of time and he may be compromising a potential buyer and sale.
Mr. Shea said the revocation of the license will take place on July 28 and that everything must be cleared off by then. The lot shall be vacant on July 28, 2009.
Mr. Casey said he would like the repair of the office window included in that because it is very dangerous.
Mr. Casey motioned to revoke the License as of July 28, 2009; all vehicles are to be off of the lot on that date including the two boats.
Mr. Lee seconded
*Discussion:
Attorney Martins asked if the report from Mr. Casey and lt. Ouellette could be e-mailed to him.
Hearing: 315-317 Essex Street. Present: Steve Morris, owner and Attorney George Atkins.
Mr. Shea said that this Hearing is being held because of the numerous complaints of noise and nuisance coming from this address. He sais there was a discussion with Mr. Morris back in May of 2009 he said that at that time there was a also a question of the accurate number of units in that building. He said he would like to note that several residents and Attorney Carr who is representing the residents are present. He said that there were also some violations from the Health Department and he is not sure if those have been resolved. He said he would like to hear from residents. Mr. Shea asked Attorney Carr if he represented all the neighbors here.
Mr. Carr said he did and that present with him were Morris Shoppe and he has some photos, James Carney from 3 Cambridge Street, and Dorothy and Eric Hayes from 329 Essex Street. He said there have been several more reports since being here on May 11. He said that at the meeting on May 11 the Board was direct and cautioned Mr. Morris that he should take effective means to remedy the complaints. He said the number of complaints sine May 11 total 15. He said those are from tenants in the building, neighbors and even the manager of the building. He handed the Board a package of a report with a summary on page 1 and 2. He said that included fire department complaints since May 11, photos of skid marks over 120 feet long that were taken today
of an incident over a week ago. He said he would like e to go page by page of the package.
Mr. Shea said he could as long as he did it quickly.
Atty. Carr went though each report explaining what type of incident it was.
Mr. Shea asked who Mr. Paradise is.
Atty. Atkins said that he was a resident and the manager but he no longer is.
Atty. Carr said that on June 1 alone there were three individual reports.
Mr. Shea asked if the Mr. Keenan that was in some of the reports had a connection to the building.
Mr. Morris said that he was a visitor to the building.
Mr. Shea said that the evidence is more compelling if there is something that directly links the incidents to the building.
Mr. Shea asked if there was a pit-bull on the premises as reported.
Mr. Morris said there was.
Mrs. Hayes of 329 Essex Street spoke. She said that on Memorial Day weekend there was an incident with a man and a woman where the man was running down the street screaming and the woman was chasing him with a drink in her hand. He said this was the same man with the pit-bull and he exhibits extremely disturbing behavior.
Mr. Shea asked if Ms. Hayes knows this to be the same man based on her being a neighbor to the property.
Ms. Hayes said yes that is how she knew it was him. She said another incident on July 10 where engines of vehicles were being revved in the back parking lot of the building, she said she went out to look and the cars flew past her out of the lot without stopping at the sidewalk, and there were two vehicles.
Mr. Shea asked if she knew that person to be a resident.
Ms. Hayes said she did because it was the man with the dog.
Mr. Shea asked Ms. Hayes if it was better, worse or the same since May 11.
Ms. Hayes said that now all this new stuff has been going on; the man with the dog, the loud conversations on cell phones with bad language and the cars. She said that most times she is nervous to go out checking on these things but she does anyway because she knows the Board id looking for direct information.
Mr. Carney, neighbor from 1 ½ Cambridge Street said that on May 31 the guy with the dog was on phone roaming around the back parking lot using very vulgar language. He said he was being very loud and verbally abusive to whomever he was speaking with. He said there has also been loud music coming from the cars that park there with the hoods up and cars revving engines. He said that on July 2 the police were there for fireworks.
Mr. Lee asked Mr. Carney if he knew that it was coming form the 315 address.
Mr. Carney said yes, it was very clear that it was coming from there.
Mr. Shoppe, abutter from 1 Cambridge Street said that on July 2 there were people gathering on the roof with lots of fireworks being lit off. He said he can attest to the issues with the cars and revving engines and the loud phone calls. He said that there was an incident on June where cars came screeching out of back lot, raced around block and came back into the lot.
Mr. Shea asked if it the same, better or worse since May.
Mr. Shoppe said that it is worse.
Atty. Carr said that the dumpster that is on the property is overflowing and a neighbor has reported a rat on their property.
He said that on May 11 the board instructed Mr. Morris to give these neighbors his cell phone number. He said that he called Mr. Morris and no one answered the call and no one returned the call. He said the Board also advised him to evict any problematic people. He said these people are still residing there.
Walter Cataldo, abutter from 3 Cambridge Street said he would like to corroborate all of these issues. He said that he has an 8 year old and a 10 year old that constantly listen to this when they are outback playing. He said that he has broken glass in is yard from the dumpster in the back lot of 315 Essex Street.
Mr. Lee asked if any neighbors have called Mr. Morris since the last meeting.
Mr. Carney said that he had on 6/17. He said that he did get voicemail but left a message and Mr. Morris called him back shortly after and told him that someone was going to be evicted from the building that week.
Atty. Atkins had a copy of the memo that was issued to the couple that was being evicted. As a result of the memo that Mr. Morris sent to his residents 3 people took advantage of another living opportunity and have moved to another location. He said that he replaced them with other tenets from other property he owns and presented all of them with the house rules. He said there are two eviction proceedings and 1 person has voluntarily left.
Mr. Shea asked when the person left.
Atty. Atkins said last Thursday.
Mr. Casey asked which resident left.
Atty. Atkins said that it was the female who was mentioned in several reports. He said that the second eviction is ongoing and it is scheduled for a Hearing in Court on July 29. He said that is the person with a pit bull. He said that almost all incidents are related to that person. He said they cannot dispute the facts but they are proceeding with the eviction. He said if the Court makes an immediate ruling than they can get a sheriff to clear the room and lock the door.
Mr. Casey asked for a time frame on that process.
Atty. Atkins said that it would be a couple week from the July 29 date. He also said that as a result of the entire matter he said that he and Mr. Carr would be discussing possible other uses for the building.
Mr. Shea said that when the Board revoked the license at one of Mr. Morris other properties on Boston Street that it helped in Court that there was no longer a license active.
Mr. Morris said that was correct. He also said that the hell that neighbors are going through is because of this one person he is evicting. He said it was this one kid who was creating these new issues.
Mr. Casey asked if there were any other evictions pending.
Atty. Atkins said no with the exception of the two couples that are already gone.
Mr. Casey asked why it takes appearances before this Board to get this situation under control.
Atty. Atkins said that a letter from the Licensing Department would help with moving these evictions along in Court.
Atty. Carr said that people move out and Mr. Morris just brings residents from other building here and he is not sure if they are being screened.
Atty. Atkins said the issue with the Fire reports was from a faulty piece of equipment that has been fixed.
Mr. Shea asked how many rooms are currently occupied.
Mr. Morris said 12.
Mr. Shea said he knows that Rooming Houses serve a purpose but we are not Boxford or Ipswich, we are Salem and there are Loding Houses here. However the rights for these places do not extend to abusing the neighbors. He said this has been an ongoing issue. He said Mrs. Hayes contracted us in the winter about issues and they are not getting better. He said that his thought is to reduce the numbers of rooms to 10, for a limited time while other options are considered. He said those talks sound positive.
Mr. Lee told Mr. Morris he knows what he is trying to do with these building but if he was a neighbor and had to live with these issues there would be problems.
Mr. Lee motioned to reduce the number of rooms at 315-317 Essex Street to 10 for 6 months. Reduction will take place in 30 days.
Mr. Casey seconded
*Discussion:
Mr. Shea said he is confident that Mr. Morris can fix the problems here as he has at other locations.
Mr. Casey said to communicate with the neighbors and asked who the new manager was.
Mr. Morris said that his name was Shawn Ford and his number is 978-601-0821.
Mr. Shea said he hopes that the police calls diminish.
Discussion: Murphy’s, 300 Derby Street. Present: Peter Kelly and Attorney Shawn Wynne.
Mr. Lee started by saying there was some miscommunication and this was supposed to be a Hearing.
Mr. Shea read two e-mails regarding noise complaints and a complaint of people smoking outside and being loud.
Mr. Kelly said he does have someone that staffs the outside area.
Mr. Wynne said that he is an attorney, and a friend and employee of Mr. Kelly’s as well.
Mr. Lee said that he and Lt. Ouellette checked out the establishment on June 19. He said he spoke with Mr. Kelly about keeping a better eye on the people on the patio and watching the alcohol out there. He said that it was not loud though. He also went over what the Licensing Board expects of licenses. He said that later that night around 1:45 am, him and Lt. Ouellette came back by Murphy’s and as they were coming down the street could hear music blasting. As they got to the front of Murphy’s it was all dark and quiet and the music was actually coming from an apartment in the Derby Lofts with the windows open.
Mr. Shea asked about what happened the night that one of the Salem Police Captains came in after 1am.
Mr. Kelly said that in Beverly patrons have to be out of the building by 1:30. He said he had with him a letter form the City of Beverly to show that. He said he thought it was the same in Salem and that when Capt. Tucker came in a bit after 1am patrons were still in the establishment. He said the Captain got everyone out.
Mr. Shea said that in Salem everyone must be out by 1am. He asked Mr. Kelly if they have an active kitchen.
Mr. Kelly said yes they are serving food.
Mr. Shea said he went into the establishment one Saturday night and they were not serving food.
Mr. Casey asked if the Board had a copy of the menu.
Mr. Kelly said that it is in the file.
Mr. Shea asked if there was anyone who would like to speak to this matter and no one responded. He said that he would like to make sure that Mr., Kelly is doing a better job of supervising people outside.
Mr. Kelly said that he is there most evenings.
Mr. Casey asked what Mr. Wynne does at the establishment.
Mr. Wynne said he does a little bit of everything.
Mr. Kelly said that he had a meeting with the residents of Derby Lofts two weeks ago. He said that they exchanges contact information and that one night after he had a band for the first time one of the residents called him and said it was not bad at all.
Mr. Shea said that the Board is just checking and that there were no incidents after the band and wished Mr. Kelly good luck.
Mr. Kelly asked about closing time for staff.
Mr. Shea said it will be discussed as the next item on the Agenda and that he is allowed to have staff in the premises until 2am. He said there is to be no food or refreshments, not even soda, being served at all during that time. Only employees who are cleaning, closing books, etc. maybe inside. Everyone must be out at 2am.
Approved: Policy for closing in establishments with alcohol.
The licensing board voted on a policy to allow employees, owners and managers to be inside if an establishment until 2am after closing. Absolutely no one should be eating food, drinking any kind of beverage or have any entertainment. All employees, owners and managers must be out by 2am.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Wrist band for the Witch’s Cup Bike Race on the Common.
Board checked the wristband band.
Mr. Lee motioned to approve it
Mr. Casey seconded
Approved: Application and Rules and Regulations for 2009 Haunted Happenings Vendors.
Mr. Shea said that Board members and Lt. Ouellette have been a part of the process. He asked the Board members if they supported the changes.
The board members said that they did.
Ms. Talkowsky said that basically on the novelty application everything’s the same. She said the big change is for the food vendors. They will now apply through an RFP process. She said the other change is to the non profit. She said that non – profit will be taken off of the vendor application process and be available for only Salem non-profits. She said that there were only 2 that were not Salem and one was from Beverly and the other was from some distance away and sold food which goes aback to the RFP.
Mr. Shea asked again about the non profits.
Ms. Talkowsky said the changes are to only include Salem non-profits.
Mr. Shea asked if that could be done.
Ms. Talkowsky said that it went through the City Solicitor.
Mr. Lee motioned to approve the 2009 Application and Rules and Regulations for 2009 Haunted Happenings.
Mr. Casey seconded
*Discussion:
Mr. Shea asked who would be reviewing the RFP’s.
Ms. Talkowsky said that the Health Department should be involved along with her self and Board member John Casey.
Mr. Shea asked why the RFP process.
Ms. Talkowsky said because of revenue.
Mr. Shea asked if the RFP application asks the applicant to describe the food being sold.
Ms. Talkowsky said it does.
Mr. Shea asked when these would be due back.
Ms. Talkowsky said Purchasing will advertise it on July 19 and they are due back by August 12.
Mr. Shea said we should leave some time in case the RFP process does not work and the process should be closed by August 31.
Mr. Casey motioned to approve that the RFP must be concluded and vendors selected by August 31.
Mr. Lee seconded.
Commun-
ications: Mr. Shea reviewed letters from BOH, ABCC on violations, letter from City Council, letters from KENO lottery, letter from St. John Baptist, letter from John Carr 315-317 Essex Street.
Old/New
Business: NONE
Approved: Minutes from June 8, 2009 meeting.
Adjournment: Mr. Lee motioned to adjourn
Mr. Casey seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: July 17, 2009
Approved: August 10, 2009
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