Meeting: Salem Licensing Board held Monday September 28, 2009 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: Rick Lee, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was John Casey.
Approved: Sub-licensee fortunetelling License for Matthew Liscomb at the Rose Medallion Tea Room. Present: Ann Lee
Mr. Shea asked Ms. Lee how many readers this would be for her.
Ms. Lee said Matt would be her third reader at 184 Essex Street.
Mr. Lee motioned to approve
Mr. Shea seconded
No Show: Application for a sub licensee at Awakening Guild.
Approved: Store Fortunetelling License for Coon Card Shop, 226 Essex St. and Sub licensee for Wilma Houston at Coons Card Shop.
Mr. Shea said that for a store license a certain percentage of the store has to be metaphysical and asked what Ms. Caccavaro was selling.
Ms. Caccavaro said that she is selling tarot cards, crystals, etc.
Mr. Lee motioned to approve the store fortunetelling license
Mr. Shea seconded
Mr. Shea asked Ms. Houston how long she has been doing readings.
Ms. Houston said for 42 years.
Mr. Lee motioned to approve the sub licensee for Wilma Houston at Coon’s
Mr. Shea seconded
Approved: Sub licensee fortunetelling license for Bewitched at both locations, Wharf Street and 180 Essex Street. Present: Bill Lazdowski
Mr. Lazdowski said that Deb Mumford is applying for a sub-licensee at the Essex Street store.
Mr. Shea asked where Ms. Mumford lives.
Mr. Lazdowski said she lives in PA but travels here every three weeks.
Mr. Lee motioned to approve Deb Mumford as a sub licensee at Bewitched at 180 Essex St
Mr. Shea seconded
Mr. Shea listed the names of the sub licensee for the Wharf Street location, Bewitched II. The applicant s are Deb Mumford, Eric Fraize, Richard Watson and Lori Gibson.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Application for a sub licensee for HEX at 246 Essex Street and application to hold a Psychic Fair at the Museum Place Mall for the month of October. Present: Christian Day.
Mr. Shea said the applicant for a sub-licensee is for Elizabeth Chapman. He asked how many readers this would make at HEX.
Mr. Day said this will make three readers.
Mr. Lee motioned to approve
Mr. Shea seconded
Mr. Day said that they have held the Fair at the mall every year since 2005.
Mr. Shea said the dates are October 2 through November 1st. He asked Mr. Day if it was held in open space.
Mr. Day said they give him a large empty storage like room outback behind the pizza place.
Mr. Lee motioned to approve the Fair with all rules and regulations to be followed.
Mr. Shea seconded
Approved: Application for two sub licensees and a Psychic Fair at Crow Haven Corner, 125 Essex Street. Applicant: Laurie Stathopolous.
Mr. Shea said the applications for the sub-licensees are Jacqui Allouise and Peter White.
Ms. Stathopolus says she is very strict with her readers and they are all experienced. She said this will make her total at the maximum of five readers.
Mr. Lee motioned to approve the two sub licensees
Mr. Shea seconded
Mr. Shea asked Ms. Stathopolous to explain the Psychic Fair.
Ms. Stathopoulos said the Fair is fairly new for her but that she is just as strict with the people working for the fair as well.
Mr. Shea asked where she holds the fair.
Ms. Stathopolous said that she used three addition rooms in the back of her store.
Mr. Shea asked how many readers she would have at the fair.
Ms. Stathopolous said there would be up to 10 on weekends and 4 of her regular readers during the week. The Fair will be Fridays, Saturdays and Sundays and the October 12 Monday holiday during October.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Street Performers License for Sisters in Dance. Present: Andrea Polcaro and Cori Connor Morse.
Mr. Lee asked what they will be performing.
Ms. Morse said they are a fusion belly dance troop.
Mr. Shea asked how many there are in the group.
Ms. Morse said there are 10 total but only 6 or 7 would be performing.
Mr. Lee said that only 8 BOP’s were done and asked what dates they wanted to perform.
Ms. Morse said on weekend Friday and Saturdays during October. They said they had fun doing this last year during Halloween.
Mr. Shea went over the times and place they could perform.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Michael Fallert.
Mr. Shea asked what he would be perfuming and if he has had a license in Salem before.
Mr. Fallert said he has not had a license here before and that he would be playing acoustic guitar. He said he plays blues and folk music.
Mr. Shea asked if he lived in Salem.
Mr. Fallert said that he does.
Mr. Shea said that he could perform in the B5 district between the hours of 10am and 8pm 7 days a week. He said he may put out a container for tips but cannot sell anything or pass anything around for tips.
Mr. Lee motioned to approve
Mr. Shea seconded
Approved: Street Performers License. Applicant: Brandeis University through Ellen Talkowsky.
Mr. Shea said the Board received an e –mail from Ms. Talkowsky asking to approve this for the University Accapella Group to perform during October because the group members were unable to attend.
Mr. Lee motioned to approve
Mr. Shea seconded
No Show: Street Performers application for Sasha Donegan
Approved: Two One Day Liquor Licenses. Applicant: House of the Seven Gables. Present: Heidi Webb.
Mr. Lee asked if both events were at the Gables.
Ms. Webb said they were. Mr. Lee asked if she had police details and insurance for both events and listed the dates and times of the events. The first event is on 9/29 and the second is on 9/30/2009.
Ms. Webb said yes and she has provided everything.
Mr. Lee motioned to approve
Mr. Shea seconded
Mr. Shea asked if Ms. Webb was prepared to talk about the upcoming C/V application that was going to be applied for at the Café at the Gables.
Ms. Webb said she has some information on it.
Mr. Shea said that the Café at the Gables had a C/V license and they closed a while ago. He said that someone new is looking to re open the Café but did not have enough time to get the application and legal ad posted for this meeting. He said that once the application is complete the legal ad can be done and we can review the application at out 10/13 meeting.
Ms. Webb said the future licensee, Mr. Bill Laganis, was hoping to open on October 1. She said there was no alcohol involved. She said previous to the old owner the Gables operated themselves seasonally. She said that Mr. Laganis was hoping to open under the Gables license until he comes to the next meeting.
Mr. Shea asked what the hours would be.
Ms. Webb said he would like to be open from 10 am-7pm weekdays and 10am-11pm on the weekends during October
Mr. Shea asked if those were the same hours as before.
Ms. Webb said they are the same.
Lt. Ouellette said a way to solve the issue may be to not have any seats until he comes in for the meeting. He said under the law if there are no seats he does not have to have a C/V license.
Mr. Shea said that was an excellent idea and the Board would address Mr. Laganis’ application at the next meeting for his C/V license with seating. Therefore no action is required at this time.
Approved: One Day Liquor License. Applicant: Salem Wine Imports. Present: Eric Olson.
Mr. Shea asked what the event was.
Mr. Olson said it will be a wine tasting sort of like a mini version of the Boston wine expo. He said that it will be held at old Town Hall on November 12. He said he has provided insurance, a check and has a detail officer.
Mr. Shea asked how many would be in attendance.
Mr. Olson said about 200 people.
Mr. Lee motioned to approve
Mr. Shea seconded
Discussion: with Rockefella’s about expansion plans. Present: Kevin Marchino and Dave McKillup.
Mr. Shea said they are before the Board because they contacted Ms. Pagliaro and said they would like to discuss expansion plans and see what else they might need to do to make this happen.
Mr. McKillup said they are very close to entering into a P&S to purchase the entire building. He said they would like to use the upstairs as a function facility. He said there is a huge demand for them. He said they get about 5-10 calls a week for events and they would eventually like to do some catering as well. He said they wanted to check with Board to see if there is anything they have to do.
Mr. Shea said that once the space is clearly defined that the plan would have to go to the ABCC. He said it would also be an extension of hours to encompass the whole week and the seating capacity would have to be changed.
Lt. Ouellette said it would be and extension of the license and the upstairs would be dry at times when it is not in use.
Mr. Shea asked if the expanded space is till the same address.
Councilor Sosnowski said the expansion idea is wonderful but was wondering if they would also want to expand the outdoor seating as well.
Mr. McKillup said no the outdoor would stay just as is.
Lt. Ouellette said there would be no need for bars in the bridal rooms upstairs that servers could bring alcohol into rooms.
Mr. McKillup said that at times like Halloween they would like to be able to add a buffet style lunch and dinner upstairs too.
Mr. Shea said he did not see a problem with that. He said that he does not want to see the upstairs turned into a nightclub. He said if there is any intention of that to let the Board know that now. Otherwise what is being described sounds fine.
Mr. McKillup said that they would also like to do a comedy night upstairs as well. He said it will bring a different element into the City.
Mr. Shea said that would be part of the entertainment license and even though that s separate, the entertainment and liquor license go hand in hand.
Mr. Marchino asked if would be the same license as downstairs.
Mr. Lee said the entertainment license can be amended.
Councilor O’Keefe asked if all of this would be ADA compliant.
Mr. Mckillup said it would be. He said he has someone working with them and guiding them on ADA compliance.
Councilor O’ Keefe noted that the City Council is trying to take back all of the outdoor seating. He asked about handicap access to the upstairs even though there is a new elevator there now. He also asked if they have seen the Building Department yet.
Mr. McKillup said that they would be expanding the entrance area and incorporating the other door.
Councilor O’ Keefe asked if there were plans to sprinkle the upstairs.
Mr. Mckillup said that the hard wiring was already done up there when the downstairs was done so half the battle is already done.
Mr. Shea said the Fire Marshall will handle that.
Mr. Shea told them to get all of there things in order and come before the Board with a plan to go to the ABCC. He said that he may also want to get some letters of support.
Mr. Marchino said they already have a letter from the Mayor.
Mr. McKillup said that as a side conversation they would like to find out about possibly having valet parking.
Lt. Ouellette said there are company’s that offer it.
Mr. Marchino asked about bagging a few meters during events for valet parking.
Councilor Sosnowski suggested this issue to be taken up with Jim Hacker, Police, City Council and the Ward Councilor.
Approved: Class II Auto License at 41 Boston Street. Present: Owner, Jean Valcourt
Mr. Valcourt said he has not yet received the legal ad from the Salem News.
Mr. Shea asked how many vehicles Mr. Valcourt is looking to keep on the lot.
Mr. Valcourt said 35.
Lt. Ouellette said that he needs to allow for fire lanes in front of the building.
Mr. Shea said that the Board will approve the same number of vehicles that was granted to the last licensee, if the number is lower than it will be adjusted. He said all paperwork is in order, including sealing, painting and paving and asked what the hours will be.
Mr. Valcourt said 9am-6pm, 6 days a week and 10am-2pm on Sundays and also said that he is putting a fence up on the property.
Mr. Shea said he would accept a vote to approve but that a number had to be checked on by Ms. Pagliaro for the number of vehicles that will be put on the license.
Mr. Lee motioned to approve
Mr. Shea seconded
Discussion: Black Lobster, Bridge Street. Present: Peter Kastrinakis, Jane Hennenburg
and Linda Kastrinakis.
Councilor Sosnowski said that he is getting agitated that the person that started this complaint in motion is not present. He said he supports both the business and the neighbors. He said that there is a list of numbers from Peter that people can call if there is a problem with noise.
Mr. Bill Simmons, in the public gallery, said that he lives on Newborn Street. He said that eh is not trying to stop the music or hurt the business but that he has resided there for 60 years and does not understand why he has to constantly call people. He asked why the Board just can’t control it. He said he still works and is in bed by 10:30 or 11 pm and can’t sleep with the noise.
Mr. Shea asked if certain nights were worse.
Mr. Simmons said on the nights with music not really. They are all the same. He said those night are Thursday, Friday and Saturday.
Mr. Shea asked if there was outside entertainment.
Mr. Kastrinakis said there is but it is over now except for once event on the upcoming Sunday afternoon.
Mr. Simmons said he does not want to hurt the entertainment license he just want sit controlled.
Lt. Ouellette asked if something in the entertainment has changed.
Mr. Kastrinakis said it is the same as it has been. He said depending on the wind or the tides he realizes that the sound travels over the water but all anyone has to do is call him. Mr. Kastrinakis provided a list to the Board with cell phone number for himself, his wife and the manager.
Councilor Sosnowski said he can vouch for that.
Mr. Shea asked Mr. Simmons when calls are made if they cooperate.
Mr. Simmon said the last time he called he was put on hold and ended up hanging up and calling the police. He said it is not his job to have to keep calling.
Mr. Lee asked how long this happened.
Mr. Simmons said all summer long. He said this started last year.
Mr. Shea asked what kind of band they will have once inside.
Mr. Kastrinakis said that it is usually a 1 or 2 piece bands.
Councilor Sosnowski said that Mr. Kastrinakis’ business is doing ok.
Lt. Ouellette asked if there was a tent out back.
Mr. Kastrinakis said there was.
Lt. Ouellette suggested putting a wall in the tent facing the Newborn Street side to maybe kill some of the sound that is traveling.
Mr. Kastrinakis said that he thinks simple communication works best. He said some nights neighbors can hear it other nights they cannot.
Lt. Ouellette said he feels a wall should solve the problem.
Mr. Lee said the problem is that nights that Mr. Simmons called n one came to the phone to address the problem. Now the man gets aggravated and has no choice but to call the police.
Mr. Kastrinakis said that sometimes if he or the manager is down in the basement to get stock the bartender has to wait for them to come back upstairs. He said the new list has everyone’s cell phone number as well so they can always contact someone.
Mr. Shea suggested that Mr. Lee and lt. Ouellette schedule some time to go out and look at the tent.
Mr. Lee said they would go out Thursday night before the parade.
Mr. Shea said this was a discussion only and there is no action needed at this time.
Mr. Sosnowski, Mr. Kastrinakis and the Board had a discussion about the number list being successful and the issue of parking that was bought up by the same complainant who was not present tonight. Councilor Sosnowski said he suggested the neighbors signing a petition for resident parking areas only but has not seen anything as of yet.
No Show/
Conditionally
Approved: The Board reviewed paperwork from Daniel Whitehead at the Waterfront Hotel on a request to hold a Fall Festival on the Wharf.
Mr. Shea said that 50% of the proceeds will go to one of the different 4 charities they will work with over the month of October. He said the first weekend is with The Cancer Society and the second weekend is with the Salem Mission. He said that we need to see insurance and the fee will be half of the regular fee for a One Day Liquor License. He also said that any food must go through the Health Department. He said they can have entertainment up to a 5 pc band.
Mr. Lee said that he must attend the next meeting or no other weekends will be allowed.
Mr. Lee motioned to approve
Mr. Shea seconded
Commun-
ications: The Board reviewed a letter from the ABCC on an investigation of selling to minors at HIRA Corp on Lafayette Street. ABCC issues a warning.
Mr. Shea noted that if licensee is caught and issues a warning that the Board can use that against them in 12 months if they are called before the local Board.
Lt. Ouellette said that is correct.
Old/New
Business: Mr. Shea said there was going to be discussion on the selling of nips on Halloween but last year it really did not make a difference. He said the Board will not take any action on that this year.
Approved: Minutes from September 14, 2009
Mr. Lee motioned to approve
Mr. Shea seconded
Other
Discussion: *Lt. Ouellette said he would like O’Neill’s brought in at the next meeting for a Hearing.
Mr. Shea asked Ms. Pagliaro to send them notice for the October 13 meeting for a Hearing on alleged underage drinking. He said to include a copy of the police report with the notice.
Mr. Lee said they already have a previous written warning.
*Councilor O’Keefe asked about a LB member volunteering to work with a Focus Group that is being formed on noise and outdoor entertainment.
Mr. Lee volunteered.
Mr. Shea asked that Ms. Pagliaro communicate to the City Clerk that Mr. Lee will be volunteering and provide Mr. Lee’s address to them.
*Councilor O’Keefe spoke of the City View Trolley meeting with Lt. Ouellette.
The Board, Councilor O’Keefe, Councilor Sosnowski and William Perrone from the Public Gallery had a brief discussion about the trolleys.
Adjournment: Mr. Lee motioned to adjourn
Mr. Shea seconded
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: October 2, 2009
Approved: October 13, 2009
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