Meeting: Salem Licensing Board held Monday, March 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.
Approved: One Day Liquor License. Applicant: Hamilton Hall. Present: Tricia Schott.
Mr. St. Pierre asked what the event was.
Ms. Schott said that it was a wedding reception and she has arranged for the detail and has the insurance.
Mr. Casey said the application says the event is for 100 people and asked if it was for all alcohol.
Ms. Schott said it was.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: One Day Liquor License. Applicant: Bowditch Institute. Present: Becky Putnam.
Ms. Putnam said the event will be held on July 8 at the House of the Seven Gables. She said they will serve wine and sparkling water.
Mr. St. Pierre reminded her to arrange for a detail officer.
Mr. Casey said that the application read that the event is for 90 people.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: One Day Liquor License. Applicant: Salem Jazz and Soul Fest. Present: Matt Caruso.
Mr. Caruso said that the application is for both August 21st and 22nd. He said this event supports music programs and it is growing every year. He said the goal is to gain more recognition, more bands and better sponsorship. He said that last year the SHS band made it to the finals with the money that they donated.
Mr. Casey said that first of all Mr. Caruso’s reputation is impeccable, he asked Mr. Caruso about how the alcohol would be served and containment.
Mr. Caruso said that that it will be held from 1-5pm on the 21st and 22nd at the large pavilion near the stage. He said there is a contained area with a 3 ft high rail.
Mr. Casey asked if that meant no alcohol could be passed.
Mr. Lee said it sounds like the same idea that was used at the common for the bike race.
Mr. Caruso agreed. He said that Jen Reardon, owner of In a Pig’s Eye, will help be responsible for the first step which will be checking ID’ and putting wrist bands on people. When they purchase a drink the band will be moved a notch. He said they can use one ticket at a time. He said there is an entrance and an exit so it is regulated. He said that Cpt. Gilligan has seen the plan. He said that Ipswich Ale is serving. He said they have done several North Shore events and have been very successful and take these events very seriously. He said that there will be one way in an done way out. He said he anticipates about 500 people each day over the course of 4 hours. He said all the servers will be TIPS certified.
Mr. Casey asked who serves.
Mr. Caruso said Ipswich Ale.
Mr. Casey asked what the size of the drinks will be.
Mr. Caruso said they will e 16 oz.
Lt. Ouellette asked if there would be any other entertainment.
Mr. Caruso said no.
Councilor McCarthy said that he leaves the determination of the detail at the Willows to the Board. He said that this has been a nice event at least for the two years since he has been Councilor. He said it is great that the benefit is going back to the music program. He said that Matt has proven himself with the amount of money that has gone back to the music program. However, he said that it is always difficult when it is a public park and you introduce alcohol.
Councilor O’Keefe spoke in support of Matt. He said this event started in Town Hall and he has done a great job. He said the money helps kids in the music program. He said he recommends that the Board approve the application. He said that Mr. Caruso is a man of good character.
Mr. Oosthoek, Executive Director of the Salem Chamber of Commerce said he also supports the effort.
Mr. Lee motioned to approve due to the outstanding record that Mr. Caruso olds. He said that there sometimes is a problem when you introduce alcohol, but he is confident this event will be done correctly and there will be no issues.
Mr. Casey second and supports this event. He said that the LB will not set number of required police detail and that should be left up to the police.
Approved: Application for a Sub-licensee for Bewitched II. Applicant: Kelly Spangler. Present: Bill Lazdowski, owner.
Mr. Lazdowski said this would be his 5th reader at this location.
Mr. Casey asked how many years he has had readers for this location.
Mr. Lazdowski said over 5.
Mr. Casey asked Lt. Ouellette if there were any concerns.
Lt. Ouellette said there were not.
Mr. Lee said that this was the limit for readers at bewitched II.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for an Individuals Fortunetelling License. Applicant: Amanda Cutone.
Mr. St. Pierre asked Ms. Cutone to explain what she would like to do.
Ms. Cutone said that she would like he individual license if she wants to do readings from home. She said she has worked for Barbara Safranski for 5-6 years.
Mr. Case asked if she would have any signage.
Ms. Cutone said she would not.
Mr. Casey said she is not to have any kinds of signs or and flashing neon advertisements.
Ms. Cutone said her customers are word of mouth.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for a renewal of an Individual Fortunetelling License. Applicant: June Lampert.
Mr. St. Pierre said that this was a renewal of an Individual License and asked Ms. Lampert what she does.
Ms. Lampert said that she does readings from home.
Mr. Casey asked read the address from the application as 300 Essex Street.He said he
He said there is to be no signage.
Ms. Lampert said that her clientele is through word of mouth.
Mr. Casey motioned to approve
Mr. Lee seconded
Approved: Application for a new Store Fortunetelling License for Omen at 184 Essex Street and 5 sub-licensees. Present: Christian Day, owner.
Mr. Day said that this is for his new shop called “Omen” that will be opening at 184 Essex Street.
Mr. Casey asked exactly where that was.
Mr. Day said it was where the old Rose medallion tea room used to be across from the costume shop.
Mr. Casey asked if this was his second shop.
Mr. Day said that it was.
Mr. Casey asked if he qualified as far as having 75% of metaphysical merchandise.
Mr. Day said all of his merchandise is metaphysical.
Mr. Casey said the approval is contingent upon Lt. Ouellette getting all of the BOP’s back.
Mr. Day said that all of these subs have been processed before through the City of Salem.
Mr. Lee said it will be contingent on the BOP’s.
Mr. Casey motioned to approve contingent upon the BOP’s coming back ok.
Mr. Lee seconded
Approved: Change of Manager. Applicant: Palmer Cove Yacht Club. Present: Attorney Mike McMahon and Laurence Robertie.
Mr. Casey asked who the new manager would be.
Mr. Robertie said that he would be.
Mr. Lee asked what experience Mr. Robertie has.
Mr. Robertie said he has managed a Papa Gino’s a while ago and they had a beer and wine license so he is familiar with the serving rules.
Mr. Lee asked how many bartenders were at Palmer’s Cove.
Mr. Robertie said there are 5.
Mr. Lee asked if they were all certified.
Mr. Robertie said they were.
Mr. Casey asked Mr. Robertie if he was certified.
Mr. Robertie said he was not but that he could be.
Mr. Casey said that he needs to get certified. He said the change would be contingent upon him being certified and said that each bartender needs to keep up certification. He said that Mr. Robertie needs to bring proof to the Board that he has been certified.
Mr. Lee said that the board also needs a key card to get in.
Mr. Robertie said there is no card that there is an ID key. He said the bartender will let any Board member in. He said they may be challenged though and will have to show ID to prove who they are.
Lt. Ouellette asked about the type of entry.
Mr. Robertie said it is a radio frequency ID.
Mr. McMahon said getting a key requires membership.
Mr. St. Pierre said the Board needs to have a key.
Mr. McMahon said there have been problems in the past with the alarm going off with unauthorized users.
Lt. Ouellette said that the Board requires it.
Mr. McMahon said that a key was given to the Board about 10 years ago.
Lt. Ouellette said he has been on the board a long time and never received a key.
Mr. Casey said they will have to supply the Board with one. He also asked how many members there were.
Mr. Robertie said there are 350 members.
Mr. Casey said they need to submit a check for $200.00 made out to the ABCC to send in with the request.
Mr. Casey motioned to approve the Change of Manager with the conditions that the bartenders keep certified, a key is provided to the Board by next week and Mr. Robertie gets TIPS certified.
Mr. Lee seconded
Approved: Application for a Common Victualler’s License. Applicant: Rizzo’s Roast Beef and Pizza. Present: Mr. Liebman, Mr. Rizopolous and Mr. Mados, owners of Rizzo’s.
Mr. St. Pierre said that the applicants will be allowed to speak first then the councilors then one or two of the neighbors can speak.
Councilor Sergeant said he will speak for the neighbors for the most part.
Mr. Rizopolous provided the Board with the plans for the establishment.
Mr. Liebman explained to the Board that they have dedicated a lot of time and effort to have an upscale location at this location. He said that Mr. Rizopolous runs a tip notch business. He said Mr. Rizopolous’ experience in the restaurant business has been very successful.
Mr. Rizopolous said that his family has been in the restaurant business for over 40 years and has run such businesses as Ocean Delight in Peabody and Pizza lovers Pizza in Peabody and Lynn. He said he has never had any complaints.
Mr. Casey asked if Mr. Rizopolous’ involvement would be daily.
Mr. Rizopolous said that he would be there every day.
Mr. Casey said the hours they are looking for would be from 10am-11pm 7 days a week.
Mr. Rizopolous said that is correct.
Lt. Ouellette asked if they had a routing slip.
Mr. Casey asked about when they plan to open.
Mr. Rizopolous said toward the end of next month.
Mr. Casey said the license would be contingent upon getting the rest of the signatures on the routing slip. He also asked what kind of lease they have.
Mr. Liebman said that it is a 15 year lease renewable every 5 years.
Lt. Ouellette asked about deliveries.
Mr. Rizopolous said he would like to have them 3 days a week, taking about 15-20 minutes each in the rear of the building.
Mr. St. Pierre asked about the plan for trash.
Mr. Rizopolous said there is a dumpster that is fenced in for their unit in the rear of the building.
Mr. Liebman said they cannot be seen with the fence.
Lt. Ouellette asked how many they out down for occupancy.
Mr. Rizopolous said 40.
Lt. Ouellette said he is sure there will be some waste from cooking, animal fat, etc., he asked how they would dispose of that.
Mr. Rizopolous said in the trash in a bag. He said he plans on having 2-3 t trash pick ups a week.
Mr. St. Pierre said he would now give the Councilors a chance to speak.
Councilor O’ Keefe said that he would like to correct the copy of the memo he sent to the Board regarding closing time, he said the closing time by ordinance is 10pm not 11 as stated in the memo. He said that in the past the Board handled the problem with Dunkin Donuts. He said that the back of these business are a private way and he would like the same conditions put on this license as the Dunkins license. He said that the neighbors want some peace of mind. He said the deliveries should be through the front door.
Mr. St. Pierre said that he has a copy of Ms. Rennard’s decision form March of last year.
Lt. Ouellette asked how they will have the trash picked up.
Councilor O’ Keefe said they cannot have their trash picked up back there.
He said the Board needs to adhere to the same conditions as Dunkin Donuts has.
Councilor Sergeant passed out a packet to the Board. He said that the Board needs to follow the ordinance. He said there never used to be restaurants in that mall but now there are. He said the neighbors oppose any use of the back door except for emergencies. He said that the building makes the best buffer zone between the neighbors and the business’. He said the Board has a copy of the dumpster ordinance in the packet. He said the other day Rizzo’s had the back door open and everyone could hear the saws and construction noise. He said they can freely use the front of the building but not the back. He said that restaurant establishments are different from retail and bring a whole host of other issues like trash and rodents.
***Councilor Sergeant showed the Board a stack of pictures f other Salem establishments getting deliveries out front of the business to show that it can be done. He then showed the Board pictures of dumpsters out front of establishments that work out fine if placed properly***
He said the strip mall started with fewer stores and has grown and added back doors. He said that restaurants are more of a burden to the neighbors. If the Board tells them that they can only do business in the front then they would find a way to do it. He said that Dunkin Donuts has no storm drain and there is constantly ice out back there, he said there cleaning buckets are out at the back door. He said the only time the back doors should be used if for police, fire or ambulance access.
Christy Ciampa from the public gallery said she is a neighbor and lives at Tedesco Pond Place. She said she goes to every association meeting and there is a whole in her fence. She said that she met two of the Rizzo’s owners and they are very pleasant. She said that Dunkin Donuts closes at 7pm and the building is empty. She said she wants Rizzo’s to get a license and to succeed. She said that Mr. Rizopolous runs a good business.
Councilor said he is not talking about a hole in the fence.
David Shadow from the public gallery is also a neighbor. He said he lives directly across from the back door of Rizzo’s. He said that Mr. Rizopolous came to see him and introduce himself. He said he asked George if he would please keep the dumpsters closed so there would not be an issue with trash. He said there are all kinds of trash in his yard already. He had a bag that he emptied of all kinds of debris including an old Dunkin Donuts cup. He said this trash is from the construction workers. He said he does not want this trash all over his yard.
Rich Noon from the public gallery said he reside on Maple Ave. He said he was one of the supers on the last sub division. He said the back of the building was always strictly for emergencies exit only. He said it is mostly retail there. He said there was never any traffic back there before. He said he wants to see this new business succeed but that it is important to keep the neighborhood separated from the businesses.
Councilor Sergeant also said he supports them and wants them to do well but that he asks that the street not be used for business purposed at all. He said there are now signs that only allow for resident parking. He said there should be no dumpster use back there per order of the City ordinance and that all of Vinnin Square has a 10 pm closing time.
Mr. St. Pierre said that he is closing the public speaking side and asked if the applicants had anything else to add.
Mr. Liebman said that he 100% understand all concerns. He said they can police area on a regular basis for trash.
Mr. Rizopolous said that with all do respect he did indeed introduce himself to David, but he does not believe that all that trash came from his business. He said he has invested $400,000 and deliveries in the front door could damage the inside of the restaurant.
Mr. Mados said that they are a good neighbor. He said they have run several businesses and have never had any problem with neighbors or abutters. He said they want to work together. He said they do not want to create any problems. He said they would like to have some flexibility to conduct business though during convenient times. He said he feels there could be a liability issues with deliveries and trash coming in and out f the front door. He asked if the board could set parameters on these issues and they will abide by them. He said he is not asking for anything different than anyone else has.
Mr. St. Pierre said that this is an R1 area and there are only 4 or 5 feet between the back door of thee business and the neighbors. He said this is a serious issue with the ordinance. He said that other business have to be brought into compliance so that they all have the same rules.
Mr. Lee motioned to approve the application with the conditions that all deliveries are made to the front door and a dumpster for trash needs to be placed somewhere other than Paradise Road and that the rear exits be used for emergencies only, police fire and ambulance, the business closes at 10pm and the routing slip be turned into the Licensing office.
Mr. Casey seconded. He said they are welcome to attend the meeting on April 12 when Dunkin Donuts will be called in.
No Show: Passage to India. Discussion regarding 304 Certificate.
Discussion: Salem Waterfront Hotel. Discussion on Building plans. Present: Mike Rockett.
Mr. Rockett said that he will have a building schedule in two weeks for the Board. He said it is the same printed plan that went before the Salem Harbor Front. He said he will deliver it by hand to the licensing Office and that everything is moving forward.
Mr. St. Pierre said there is no further discussion on this matter.
No Show: Loring Liquors. Discussion regarding ABCC operation.
Lt. Ouellette asked Ms. Pagliaro to end them another notice to appear before the Board on April 12.
Hearing: Request to reinstate full entertainment license for Murphy’s at 300 Derby Street. Present: Attorney Stanley R and Peter Kelly, owner.
Mr. Stanley said that at the Boards suggestion Mr. Kelly is here tonight to ask to have his entertainment license reinstated fully as it was before the restrictions were placed on it. He said that they would also like to request being able to re open the patio now that the nice weather is coming. He said that he has given a copy to the Board of an independent company Mr. Kelly hired as well as a letter from the Board of Health. He said the BOH also took readings last weekend.
Mr. Kelly said that the company that did the testing for him is present.
Mr. Lee said the City did testing as well.
Mr. St. Pierre asked if there was someone who would like t o speak to represent the neighbors.
Darrel Sanders who resides at Derby lofts at 51 Lafayette Street was present. He said he is working to try and find a balance. He said there have problems since the inception of this establishment. He said they are faced with some unique problems. He said he is here to try and deal with the issues tonight because other members of the community may take a more extreme approach. He said his first question would have to be if Murphy’s is a restaurant or a bar. He said that when Mr. Kelly came before the LB to get this license he said that he was opening a restaurant and bar not a nightclub. He said that on Thursday, Friday and Saturday nights after food stops it becomes a nightclub. He said he wants to see this business succeed
and doesn’t care too much about Friday and Saturday but Thursday is over the top. It is too much. He said the night that the members of the Board met at his unit it was a very quiet night. He said he has looked up some laws on noise issues. He said that if he can hear the music and noise it is bothering him. He said these problems would go away if the music was not heard, if the volume was just turned down a bit. He said Friday and Saturday he doesn’t care but Thursday is still a work night. He said Mr. Kelly has complete control over the volume and occupancy at his establishment. He said the residents have no control. He said it is the LB that can make things happen. He said he wants them to function and again, Friday and Saturdays are fair but Thursdays are not fair. He said there are other occasions such as the night before Thanksgiving and St. Patrick’s Day and he don’t care about those either. He said on Christmas there was no music but very loud
patrons from 7pm-1am. He said the residents have no power to do anything but come to this Board. He said they are hostages in their own homes in the summertime months and it is not fair.
Mr. St. Pierre asked Lt. Ouellette to speak about the recent visit.
Lt. Ouellette said that he and Rick Lee and Dave Greenbaum form the Board of Health went there on Friday night to take decibel readings. He said they went to Mr. Sanders who lives on the Central Street side and out on his patio. He said the most offensive sound he heard was the fan on top of the roof. He said he could hear some bass outside from inside of Kelly’s. He said that he did not personally think that it was loud. He said that Mr. Greenbaum took lots of readings. He said that some were during the day, as stated in the letter Mr. Greenbaum submitted to the Board for the meeting tonight, and that the reading were louder in the day than that night. He said that based on Mr. Sanders complaint, the DJ upstairs was a major issue.
Lt. Ouellette said that once inside he could not hear anything. He said the group then went over to Murphy’s. He said there were two DJ’s one upstairs and one downstairs. He said that Mr. Kelly and Mr. Lee had a long conversation about lots of different issues. Lt. Ouellette said that at this point the noise level is not enough that it is a nuisance. He said that maybe in the summer it will be worse and he will keep monitoring the situation. He said that the Police Department also sends a supervisor there so there will not be any problems at closing when it is tome to exit. He said that Mr. Kelly does have a lot of bouncers to try and disperse the crowd subtly. He said the night they were there, an incident did occur but it was not from Murphy’s. He also said that people coming from other establishments were coming down Derby Street very loudly. He said that it is the nature of the area at closing time. He said he cannot find a reason why he should not
be reinstated.
Mr. Casey said the Lb could review in about three months when weather is warmer.
Mr. Lee said that he found the most annoying noise also to be coming from the fan on the roof top. He asked Mr. Kelly to have that looked at immediately. He also asked Mr. Kelly to kitty corner the DJ upstairs to try and prevent some of the noise from the bass. He also said he saw the incident that happened and it had nothing to do with Murphy’s even though there were cruisers out front. He said there are a lot of bouncers at closing time to move patrons along. He said the Board legally has to reinstate this entertainment license and he realizes that some people are not happy about that. He said that the clientele has changed and that he should keep it up and not be geared so much toward younger crowds. He said he agrees with the
recommendation to reinstate the license.
Councilor McCarthy said that he thanks and appreciated Mr. Lee and Lt. Ouellette taking the time to go out and do this. He said this is has been an ongoing issue and has been a difficult time. He asked that Thursday possibly remain restricted or pulled until more evaluation is done in the warmer weather.
Mr. Casey said the license will go back to 12:30 am.
Councilor McCarthy asked that maybe the LB extend Thursday evening but not completely restore.
Mr. Sanders said Thursday is still a work night and summer is just approaching. He said that the establishment is aware of the problems.
Mr. St. Pierre referred to Fresh Taste of Asia last year when it was having serious problems and the Board restricted his license. There were no further problems once he got it reinstated. He is hopeful it will be the same way in this case. He said that Mr. Kelly has done everything that the LB has asked of him. He said they will review it in the summertime but that he does not agree that it should not be fully reinstated.
Councilor McCarthy said that Tavern and Murphy’s have the same entertainment time and they are not called in all the time. He said they promote bands but choose not have them.
Mr. St. Pierre said that the Board has to act on what evidence is before them. He said the evidence does not support not reinstating his full entertainment license.
Mr. Lee motioned to approve reinstating the full entertainment license for Murphy’s at 300 Derby Street.
Mr. Casey seconded.
Attorney Stanley questioned the LB about the outdoor patio.
Mr. St. Pierre asked Mr. Kelly to request to be put on the Agenda for that issue on April 12.
Commun- -Letter from Councilor O’Keefe regarding the Rizzo’s application.
ications -Letter from Dave Greenbaum of the Health Department regarding Murphy’s
-Letter from Cpt. Gilligan regarding Salem Jazz and Soul Fest One Day Liquor License.
Old/New
Business: ***Mr. Casey asked Ms. Pagliaro to call in Salem House of Pizza for a discussion regarding their dumpster on April 12 and to also call in Passage to India for a Hearing for not showing up tonight to discuss the 304 certificate.
***Mr. Lee asked Ms. Pagliaro to send out another letter asking all private clubs for a key card.
Approved: Minutes from 3/8/2010 meeting
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: March 29, 2010
Approved: April 12, 2010
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