Meeting: Salem Licensing Board held Monday March 23, 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.
Approved: Street Performers Application for Jack Garvey.
Mr. Garvey said that this will be his third year performing in Salem.
Mr. Shea said Mr. Garvey was here for a renewal and asked him to just briefly tell the Board what he does again.
Mr. Garvey said he is a busker and that he plays wooden flutes. He said he plays for tips on the Essex Street mall.
Mr. Lee asked when he would start.
Mr. Garvey said once the weather got nice probably around April. He said he is free to play on Tuesdays and on Saturday and Sundays depending what events are happening in surrounding communities.
Mr. Casey said Performing has to end at 8 pm.
Lt. Ouellette said there have not been any issues with this applicant.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: One Day Liquor License for the Salem Athenaeum at Hamilton Hall. Present: Jody Smith.
Ms. Smith said that this is the 3rd year having this event. She said that there will be a lecture and reception where wine ns champagne will be served.
Mr. Shea said the Board will waive the fee for this event.
Mr. Lee motioned to approve for April 17, 2009 from 7:30-10:00 pm for 100 people.
Mr. Casey seconded
Approved: One Day Liquor License for the Bowditch Institute at Hamilton Hall and the Salem Athenaeum. Present: Rebecca Putnam.
Ms. Putnam said that this event is to celebrate Nathaniel Bowditch’s birthday. She said it will be held at 2 different venues. She said the lecture will be held at the Salem Athenaeum from 6 pm-8pm for about 70 people and then the reception will be held at Hamilton Hall at 8pm for 100 – 150 people.
Mr. Shea asked Lt. Ouellette if the detail officer could possibly follow the party from one location to the next so they just have to have one detail.
Lt. Ouellette said that was fine.
Mr. She asked if it was the same caterer at both events.
Ms. Putnam said that it was.
Mr. Lee motioned to approve
Mr. Casey seconded
Application: Common Victualler’s License, Okea Grill & Sushi Restaurant, 335 Lafayette Street.
Present: Jin Ji Sandler and attorney Christopher Coleman.
Attorney Coleman said that this is an application for a Common Victualler’s License where the Thai Ginger Restaurant is on Lafayette Street. He said the proposed hours are Monday - Saturday from 11 am- 11 pm and Sunday from 12 pm – 11 pm. He said the seating will remain the same at 40. He said Ms. Sandler has 10 years of experience as a Sushi Chef.
Mr. Casey asked about there plans for trash and to keep the sidewalk clean.
Mr. Shea said that in the past there were issues with trash blowing all over onto abutter’s properties. He said that the plan that the Thai restaurant put in place with the dumpster and trash removal was great and the Board has not heard any complaints.
Ms. Sandler said they are going to have the same contract.
Mr. Casey said to keep the front of the restaurant swept and trash free.
Mr. Shea asked if Ms. Sandler was working there now.
Ms. Sandler said she has been in the restaurant but not being trained with the food because she will be serving different type of food.
Mr. Lee motioned to approve with above hours.
Mr. Casey seconded
Approved: Store Fortunetelling License. Botanical St. Marta, 34 Boston Street.
Present: Ivett Rivera, store owner.
Ms. Rivera said she was the owner of the store.
Mr. Shea asked if she did reading herself.
Ms. Rivera said she would be the only reader right now.
Mr. Shea told her she could have sub-licensees later if she wished.
Mr. Casey asked what good she is selling in the store.
Ms. Rivera said she is selling holy water, lucky water, and rosary beads statues and doing readings.
Mr. Shea asked what her experience was.
Ms. Rivera said she has been reading coffee and cards since she was about 7.
Lt. Ouellette said her BOP was fine.
Mr. Casey motioned to approve
Mr. Lee Seconded
Approved: Reinstate license back to Elaine Stone at 282 Canal Street, Salem Classic Auto Sales. Present: Elaine and Sheldon Stone.
Mr. Shea said he was going to give a quick summary of the situation. He said that Ms. Stone had extinguished the License because she sold it to a Mr. Forgette who came before the Board and got approval for a class II dealers License at 282 Canal Street. He needed to submit to the Licensing Department a copy of a bond in order to receive his License. Mr. Forgette was unable to obtain a bond. Ms Stone would like her license reinstated. She will still be looking for a potential buyer but if she cannot find one then she will start the business up again.
Mr. Casey asked if they heard the rules that Mr. Forgette was given when he applied.
Ms. Stone said she did.
Mr. Shea said there is no further discussion on this matter.
Mr. Lee motioned to approve reinstating the Class II License
Mr. Casey seconded
Discussion: Casa Blanca, 109 Lafayette Street. Present: Andre Moya and Domingo Dominguez.
Mr. Shea said that this is just a discussion to clarify what is happening with Casa Blanca as far as ownership goes. He said that Mr. Moya is still the owner.
Mr. Dominguez said he will no longer be the manager that he is done completely.
Mr. Casey asked if Mr. Moya was going to be back in at the establishment.
Mr. Moya said that he will be for now and that he is still looking to sell the business.
Mr. Lee said that Mr. Dominquez did a wonderful job with the security he implemented and that he hopes Mr. Moya keeps the same system in place. He said that because of the security in place a tragedy was prevented in Salem with the shooting a few weeks ago.
Mr. Moya said the security will stay.
Mr. Shea said that Mr. Moya will have to change the manager back to himself with the ABCC and he can come in at the next meeting. He told Mr. Dominguez that he did a great job.
Mr. Dominguez said that he tried his best.
Mr. Shea said there is no further discussion on this matter.
Hearing: Spirits @ 300 Derby Street. Present: Attorney Steve Singer.
Attorney Singer said that the manager Ron Atkinson was on his way but said the Board could begin the Hearing.
Mr. She said that Attorney Singer client has been called into the Board twice before this and had not responded.
Attorney Singer said he was not aware of that.
Mr. Shea read police report from 1/29/09, 1/30/09 and 2/1/09 about noise complaints and a letter from Tom Daniels in the Planning Department about there non-compliance with signage at the establishment.
Kevin Grady, in the public gallery, is the Manager of Derby lofts Condos. He said his is aware of the three complaints. He said the real issue is the late hour that loud music is being paid.
He said other establishment’s downtown voluntarily stop music at a decent hour out of courtesy to the residential neighbors. He said the last incident, Ron Atkinson, manager, was out in the street yelling and screaming and shaking his fist up at the windows of the condo owners. He said his behavior is unacceptable. He also said that it has been quiet since those last reports.
Attorney Singer said he knows on one occasion there was a private function and the police came and the party ended.
Mr. Grady said that they have only been open around 3 days a week and they have been taking equipment out of there.
Attorney said that the Board should be seeing an application for a transfer coming before them shortly.
Mr. Shea said in light of the following, no action will be taken seeing that it has been quiet and the License is going to be transferred.
Mr. Shea said on the sign issue, the owners never pulled the proper permits for their signage.
Shirley Walker, resident of Derby Lofts condos, said that she filed a complaint about the signage a year ago and hopes that the new owners comply.
Mr. Shea said there is no action to be taken.
Mr. Casey motioned to rule on No Finding
Mr. Lee seconded
Approved: Renewal of 5 2009 Seasonal Liquor Licenses for establishments listed below:
- 62 on Wharf
- Engine House at the Golf Course
- Asahi
- Lobster Shanty
- Derby Deli
Mr. Lee motioned to approve
Mr. Casey seconded
Old/New
Business: * Mr. Shea discussed what is happening with the Liquor License at 75 Congress Street. He summarized that the DOR seized it and auctioned it. Mr. Brogan, owner of O’ Neill’s bought the right to apply for it. He asked Ms. Pagliaro to get him Attorney Skerry’s and Ron Brogans phone numbers and he will call them.
* Mr. Casey gave the Board an update on the letter that went out on February 24 to the stores that sells alcohol. He said that the Convenience store on Tremont Street needs to remove more signage and he spoke with the owner. He also said that he went to Highland to Meineke where Mr. Sudenfeld is selling the scooters. He said there are lots of pallets and rubber tires outside. He said he was sure that Mr. Sudenfeld would not have a problem cleaning that up.
Commun-
ications: * Board read letter from a Mr. Paul Matherson who is a former tenant of 315 Essex Street. This property is a rooming house owned by Stephen Morris. He said he has had no response in trying to get a security deposit back from Mr. Morris.
Board asked Ms. Pagliaro to call Mr. Morris into to next meeting. If he has rectified this situation before then, he may show proof to the Board that he has done so.
* The Board reviewed the Home rule Petition for the tavern on the Square on Washington Street.
* The Board read the letter from the Massachusetts Lottery Commission about Keno at two locations. Although it has nothing to do with the Licensing Board it was agreed that Ms. Pagliaro would make a “KENO” folder.
* The Board read a letter from Bill Lazdowski, owner of Bewitched. Claims a Darlene Viera is doing reading unlicensed outside his store in the Museum Place Mall. Mr. Shea asked lt. Ouellette to get her information and call her in to the next meeting to discuss this.
Approved: Minutes from March 9, 2009 meeting.
Adjournment:
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: March 24, 2009
Approved: April 13, 2009
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