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February 22, 2010
Meeting:        Salem Licensing Board held Monday February 22, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Members: Robert St. Pierre, Chairman, John Casey and Rick Lee, Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.  
        
Tabled: Application for a Store Fortunetelling License. Applicant: A Higher Balance. Present: Judy Copp.
        Ms Copp said that she just got her license granted at the last meeting and she would like to have Helene Olsen as a reader.
        Mr. Casey asked where the business was.
        Ms. Copp said it was at 201 Washington Street.
        Lt. Ouellette said he thinks this is an issue now because she was issued a Store FT license and does not sell merchandise and now wants another reader.
        Ms. Copp said that she originally wanted to apply as an individual but does not live in Salem.
        Lt. Ouellette said that she could think about working at another store to get a license.
        Ms. Copp said that her healing business is full time.
        Mr. Casey said that the LB has to adhere to the guidelines and there is an ordinance about these licenses.
        Mr. Casey said that maybe Ms.Copp could think of another plan.
        Lt. Ouellette said that the ordinance states that the business has to be 75% retail and this business is not. He said that was the issue and now she would like a sub licensee.
        Mr. St. Pierre said that the LB has to comply with the ordinance.
        Mr. Casey said that the Board may have to retract the license.
        Ms. Copp said that she sells metaphysical services not products and she does not wish to sell retail.
        Lt. Ouellette said one option would be to work for a store and get a sub license from the store.
        Mr. Lee motioned to table
        Mr. Casey seconded
        Ms. Copp said that there seems to be no legitimate way for her to get a license.
        Mr. Casey said that tabling this may give her time to come up with an idea.
        Ms. Copp said that it seems as though her application has brought a new level of clarity to the LB as a couple of weeks ago the LB granted her a license.
        Lt. Ouellette said that maybe there was a misunderstanding.
        Ms. Copp said that she was quite clear on what her business was when they granted the license.
        Mr. St. Pierre said he would have discussion with the City Solicitor.

        
Approved:       Application for Outdoor Patio Seating and Change of Manger. Applicant: Gulu-Gulu Café. Present: Steve Feldman, owner and Laura Potter Walton, GM.
        Mr. Feldman gave Mr. Casey the abutter’s receipts for the file.
        Mr. Casey said that in regards to the outdoor seating this was a re-verification the decision that was given to Gulu-Gulu to allow the seating.
        Mr. Casey motioned to approve
        Mr. Lee seconded
        
        On the application for Change of Manager:
        Mr. Casey said that the application says that Ms. Walton is to be named as Manager. He said that the Board has already spoken to her about what that role consists of regarding staff, TIPS training and closing tie procedures.
        Mr. Lee asked if she knew the procedure for closing time and asked her to tell the LB.
        Ms. Walton said that last call is at 12:15-12:20 am. She said at 12:40 they start clearing beverages from tables and at 12:45 they start clearing out inside and patio area. She said there are to be no workers after 1am.
        Mr. Casey asked if there were any containers while staff was cleaning.
        Ms. Walton said there is to be nothing on the bar.
        Mr. Lee asked if she was aware of the hours for staff to clean up. He said that managers and staff can now be in the establishment until 2am for cleaning purposes only. He said there is to be no food or drinks for staff.
        Ms. Walton said she was not aware.
        Mr. Casey motioned to approve the Change of Manager
        Mr. Lee seconded

Discussion:     Sonoma Restaurant, 75 Congress Street. Present: Steve Belakonis, owner, Arthur Beradino, building owner and holds pledge on license and George Paone, Mr. Beradino’s partner.
        Mr. Casey sad the LB called Mr. Belakonis in to find out what is happening with the license.
        Mr. Belakonis said that he is currently closed and trying to sell.
        Mr. Casey asked how long he has been trying to sell it.
        Mr. Belakonis said just since December of 2009. He said he had one deal but it fell through.
        Mr. Casey said that if a license is not in use it is considered a pocket license and the State is coming down on pocket licenses.  He said that if a significant amount of time goes by and he cannot sell it that the Board will sell it for him.
        Mr. Belakonis said that he failed the fire inspection so he has been closed since December.
        Mr. Casey said he is fine right now but to pay attention to the time frame.
        Mr. Lee asked if Mr. Belakonis is looking to sell it.
        Mr. Belakonis said that he was.
        Mr. Lee asked Mr. Belakonis how long het though it would take to start that process.
        Mr. Belakonis said that it is very hard to get approval from a bank right now so that can hold a closing up for 6 months.
        Mr. Lee asked him just to keep the LB posted in what was happening.
        Mr. Casey said that any perspective buyers that call the office will be funneled to him through Ms. Pagliaro.
        Mr. Belakonis provided his new address and phone number to the LB.
        Mr. Lee said the LB would give him 6 months to try and sell the license.
        Mr. Beradino said that they want t try and sell license with restaurant.
        Mr. Casey noted that Mr. Beradino was not the owner.
        Mr. Beradino said that there is a pledge on the license to him though.
        Mr. Paone said that he is also a realtor and he has been getting calls and that he does not think it will take 6 months.
        Mr. Paone asked about transferring the Entertainment license and adding to it.
        Lt. Ouellette said that nothing is transferable and when they find a buyer they will address all of those issues with the LB staring new.
        Mr. Lee said the new owners will have to come to Board.         
 
Discussion:     Casa Blanca, 109 Lafayette Street. Present: Andre Moya, owner           
        Mr. Casey asked Mr. Moya what was happening with his plans to sell.
        Mr. Moya said he thinks he has a solid buyer this time and provided the LB with a copy of a signed P&S and proof of a $10,000 deposit being held in escrow.
        Mr. Casey asked when this transaction might complete.
        Mr. Moya said the man changed attorneys which caused a delay so it might take a bit more time.
        Mr. Casey said the P&S is for $92,000.00 He asked Mr. Moya what portion of that is the liquor license.
        Mr. Moya said that information should be in the documents.
        Mr. Casey said the price for the liquor license is $72,000.00
        Mr. Moya said that he has had other potential buyers that have all fallen through but he believes this is solid. He said it is an n investor from Boston. He said that the attorney explained to the potential buyer that the LB does not want a pocket license hanging around.
        Mr. Lee said the LB is going to grant a date of three months, June 1st to have this transfer settled.
        Mr. Casey said that if the transfer is not done by June 1st the LB will take the License and sell it. He asked Mr. Moya if he understood that.
        Mr. Moya asked for an explanation.
        Mr. Casey said that the Board will recall the license and market it and sell it for him and then give him the proceeds.
        Mr. Casey asked if Mr., Moya had a date for finalizing this.
        Mr. Moya said he just recently received the deposit and that he will have the man’s lawyer call his attorney.
Approved:       In a Pig’s Eye. Request to add Saturday evening to Entertainment License. Present: Jennifer Reardon.
        Ms. Reardon said that she currently has music 3 nights a week and that is what is keeping her afloat. She said the music is making her establishment become a destination spot. She said that she has a good variety of music and she has exhibited nothing but responsible behavior. She said the only issue she ever really had is when a renter moved in a next door and became their chief complainant.
        Mr. Casey said the LB wants to keep her in business. He asked if she was only looking to add Saturday.  
        Mr. Lee asked if she has a seven day license.
        Ms. Reardon said she does not but she should.
        Mr. Casey asked the hours.
        Ms. Reardon said they have to finish at 11:30pm
        Mr. Casey said that now gives her 2-3 nights a week and Saturday.
        Mr. Casey motioned to approve Saturdays added to the entertainment license.
        Mr. Lee seconded
        Mr. Casey said that she should come fill out an entertainment license for 7 days and she can use it or not.

Approved:       Application to renew a Store Fortunetelling license and two sub licensees. Applicant: Nu Aeon. Present: Amy Ravich, owner.
She said her store is located in Pickering Wharf and she is just renewing the store license and her husband and a friend who have already been licenses there to read. She said they are all renewals.
Mr. Casey motioned to approve renewal of Store and two sub licensee renewals.He said he

 
Commun-
ications:       ***Letter from Fire Prevention on Bangkok Paradise. It states they used                         an unlicensed company per the new laws to clean the equipment.
                Mr. Lee said if they rectified the situation with FP then the LB is all set.    

***Letter from ABCC informing the LB that the appeal for Strega will be held on April 7, 2010.

Old/New
Business:       Mr. Casey said that he would like the Board to vote on fees on March 8. He said he met with the Mayor, Rich Viscay and Jason Silva about fees and he would like to hold off on any action until the City Council meets ion Thursday as the meal and hotel increases could impact fees on 7 day licenses. He said there are also the proposed changes to the Lodging house fees which may have to include a cap.
       He said he will hear back from the Mayor’s office after the Council meeting.    

Approved:       Meeting minutes from February 8, 2010
        Mr. Lee motioned to approve
        Mr. Casey seconded

Adjourn-                
ment:   Mr. Lee motioned to adjourn     
        Mr. Casey seconded

Respectfully Submitted,

Melissa Pagliaro
Clerk of the Board

Submitted: February 25, 2010
Approved: March 8, 2010