Meeting: Salem Licensing Board held Monday, April 26, 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: Two One Day Liquor Licenses. Applicant: Hamilton Hall. Present: Tricia Schott.
Mr. Casey read the dates from the application of May 1 for 150 people from 5-10 pm and May 15 for 75 people from 5-10 pm. He noted that the insurance was in place and confirmed that a police detail had been scheduled.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said motion carries. All were in favor.
Approved: Five One Day Liquor Licenses. Applicant: House of Seven Gables. Present: Heidi Webb.
Mr. Casey read the dated from the application of May 4 for 90 people, June 6 for 75 people, June 19 for 150 people, June 23 for 300 people and July 3 for 150 people. He noted that the insurance was in place and conformed that a police detail had been scheduled.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Renewal of Street Performers License. Applicant: Rebecca Homans
Ms. Homans said she is here to renew her license and would like to continue to play folk music on the pedestrian mall.
Mr. Casey asked if there was any amplification.
Ms. Homans said no.
Mr. Casey reminded her of the hours from 10am-8pm
Ms. Homans asked of she could have a guest play with her sometimes.
Mr. Casey said that person would have to come in and get a license. He also reminded Ms. Homans that she could only place something stationary for tips.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Renewal of Street Performers License. Applicant: Lily Press
Ms. Press said she would like to renew her license to play the Harp downtown.
Mr. Casey asked Ms. Press if she remembered the rules for locations, hours and collecting tips and asked her if there was any amplification.
Ms. Press said she did and said there was no amplification and that she used her case for donations.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Street Performers License. Applicant: Gerald Nadreau
Mr. Casey asked Mr. Nadreau if this was his first time applying for a License and asked what he does.
Mr. Nadreau said that it was and that he plays the guitar and harmonica.
Mr. Casey asked dif there was any amplification.
Mr. Nadreau said he might use it eventually.
Mr. Casey said there is no amplification allowed so he can not use it. He said the hours he can perform are from 10am-8pm in the downtown location and only something stationary to collect donations with.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Street Performers License for a group of 4. Present: Richard Luecke, Perry McIntosh and Adrienne Howard. Absent due to work was Cindy McIntire.
Mr. Luecke said that they have performed at the Salem Athenaeum and Hamilton Hall. He said they are a cultured music group.
Mr. Casey said it sounds great and that the hours they can perform are 10am-8pm and no amplification.
Mr. Luecke asked if they could have a small system.
Mr. Casey said that because where they are allowed to play is also a residential area there is no amplification.
Mr. Luecke asked where they could play.
Mr. Casey said that they can play anywhere in the B5 area downtown.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Street Performers License. Applicant: Donald Callahan
Mr. Casey asked Mr. Callahan to tell the Board what he will be doing.
Mr. Callahan said that he will play the guitar. He also asked the Board about Street performers who did have amplification last summer.
Mr. Casey said it was stopped because of complaints. He explained the hours he can play are 10am-8pm and in the B5 area.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Alteration of Premise. Applicant: Upper Crust. Present: Michael Bucchalter, owner.
Mr. Casey explained that this was “housekeeping” matter and that the extension was for the outdoor patio area that was approved at local level but never submitted to the state by the former Clerk. He said this is to confirm it and make it official and to be sent top the state. He said there is a copy of the approval from the Planning Dept.
Lt. Ouellette asked if the Council approved it.
Mr. Casey said the letter is from August 2007 from the Design and Review Board approving it.
Mr. Lee motioned to approve providing City Council approves it as well as they have final jurisdiction.
Mr. Casey seconded
Mr. St. Pierre said the motion carries. All were in favor.
Approved: Alteration of Premise. Applicant: Green Land Café. Present: Paul Bolden, owner.
Mr. Casey asked Mr. Bolden to explain to the Board what he was doing.
Mr. Bolden said that as the Board knows he just received his full annual liquor license through Home Rule. He said the space next door became available and that he took it. He said the current license is for 80 seats but he has less that at around 57. He said he has been working on these plans for nearly 18 months. He said this plan will expand the kitchen, the bar comes out further and that there will be a room that will be used as a function room for about 30 people. He said the build out is just about finished and showed the Board the plans and some pictures. He said that the new plan is for about 22 at the bar, 48 on the outside patio, 44 in the dining room and about 34 in the function room for a total of about 148 at maximum. He said
they also have sufficient restrooms to accommodate that number.
Mr. Casey said that the number has to be able to accommodate for the outside patio patrons to come in the event of a storm. He said he needs final approval from Fire and Building.
Mr. Lee said this would be approved pending final approval from those departments.
Lt. Ouellette asked who approved his outdoor seating plan.
Mr. Bolden said that the Council and planning both did. He said that Fire is completely aware of new plan and that the building is sprinkled.
Mr. Lee motioned to approve Alteration of Premise pending all approval from all concerned departments.
Mr. Casey seconded
Mr. St. Pierre said the motion carries. All in favor.
Approved: Change of Manager. Applicant: 99 Restaurant. Present: William Lutts.
Mr. Casey asked of the changes.
Mr. Lutts said that the old manager left and he is the General Manager.
Mr. Casey asked if he was there during the restaurants open hours.
Mr. Lutts said that he would be.
Mr. Casey asked about in alternate in charge.
Mr. Lutts said there are 4 other managers.
Mr. Casey asked that he provide the licensing Department with a phone number for each of the four managers to place in the file.
Approved: Seasonal Beer & Wine License and Common Victualler’s License. Applicant: Howling Wolf Taqueria. Present: Pat Schultz, owner.
Mr. Casey asked Mr. Schultz to explain his plan to the Board.
Mr. Schultz said his establishment is going in next door to West Coast Video. He said it is going to be an authentic, quick food, Mexican restaurant with eat in or take out and a small wine and beer bar. He said it will display nice art and music. He said it will be an upscale taqueria.
Mr. Casey asked about the floor plan and the capacity he is looking for.
Mr. Schultz said the capacity will be 44.
Mr. Casey asked about the hours he is looking to operate.
Mr. Schultz said he is looking for 11am-11pm and until midnight on Thursday, Friday and Saturday.
Mr. Casey explained that under the new guideline for Seasonal License the license can be revoked or restricted at any time. He said that there are parameters set up under the new guidelines.
Mr. St. Pierre said that under those guidelines the Board is going to be consistent with these Seasonal Licenses.
Mr. Schultz asked about serving just food after 11pm.
Mr. Casey said that the Board agreed that the closing time would be 11pm and to be aware that under the MGL, they cannot approve any one day license during the off season.
Mr. Schultz asked about staying open later to serve food during off season.
Mr. Casey said the Board could review that at a later time and asked about Mr. Schultz’s experience.
Mr. Schultz said that he has 15 years of experience and if serve safe certified and will get TIPS trained.
Mr. Casey said that he and his servers will all need to be TIPS certified.
Lt. Ouellette clarified that during his off season with is Common Victualler's license if he wants a late open beyond 11pm he has to get approval from the City Council.
Mr. Casey asked when he was going to open.
Mr. Schultz said he hopes for July 1.
Mr. Casey motioned to approve the Common Victualler’s License and the Seasonal Liquor License for 7 days a week from 11am-11pm, with a final capacity to be determined by the building department and contingent upon TIPS certification and a completed routing slip.
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor
Also approved was the Entertainment License for the Howling Wolf Taqueria.
Mr. Casey read from the application that Mr. Schultz was looking to have music through and IPOD and a stereo and 3 TV’s and unamplified live music up to three pieces.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
***There was a short discussion with Kevin Grady in the public gallery and the Board about the dates of what a seasonal license is.
Discussion: Seasonal Beer & Wine License and Common Victualler’s License.
Applicant: Seaport Café. Present: Greg and Cynthia Shea.
Mr. Casey asked the Shea’s to tell the Board their plan.
Mr. Shea said the yare going to resurrect the old Derby Fish and Lobster building. He said it will be a fast food casual restaurant. He said that this is a career change for the both of them. He said after listening to suggestions from neighbors, they would like to see a breakfast menu and clams. He said they will also have a takeout window for ice cream in the corner. He said there will also be outdoor seating. He said the plans are already underway as the inside was gutted. He said there are three doors in front that are all handicap accessible and they are adding two more handicap accessible bathrooms which enables them to get up to 120 on their capacity. He said the window on Wharf Street will be for limited food items and ice cream
only. He said this has gotten positive responses from neighbors.
Mr. Casey asked when they would open.
Mr. Shea said he is hoping for Memorial Day and that the plans are well under way.
Mr. St. Pierre asked where he planned on placing entertainment.
Mr. Shea said back in the corner and asked about the possibility of eventually having entertainment outside.
Mr. Casey said there would be no entertainment outside. He asked about their experience.
Mr. Shea said that as he stated before this is a career change for both. He said that his background is finance and Ms. Shea’s background is Human Resource. He said that both of them and all of their employees will be TIPS certified. He said that he has already hired some people from the former Jimmy Allenhurst in Peabody whom are already certified.
Mr. Casey said the Board still needs a few things, such as the routing slip and finance documents.
Mr. Shea said he gave them at the beginning of the meeting and they are in the envelope.
Mr. Casey asked about what hours they were looking for.
Mr. Shea said they would like to do breakfast so from 7am until whenever they are allowed.
Mr. Casey said that the Board is going to close all new licenses at 11pm for now. He said the hours will be from 7am-11pm. He said new business can come back in at a later date once they have gotten their feet wet to discuss the hours at another time.
Kim Ricks, in the public gallery, said that she is a condo owner at Pickering Wharf. She had a picture that she gave to the Board showing the area where the take out window would be. She said she strongly opposes this as it is not even a full width sidewalk and it would be blocked by people. She said that would force people to go out into the street.
Mr. St. Pierre said that is a tough call because these take out windows are prevalent throughout the City.
Ms. Ricks said that she ahs a small child and another on the way and that she walks that way everyday. She asked where she was supposed to walk with her carriage if the sidewalk was blocked.
Mr. Shea said that next door there are stairs that stick out on the sidewalk and there is still walkway left.
Ms. Ricks said there is not a lone of people at the stairs. If there is a line at the window where do people go? She said that the Board is allowing the sidewalk to be blocked.
Mr. Shea said he is in talks with the architect to put something on the sidewalk so that it will not be completely blocked.
Ms. Ricks said that she spoke to the Building Department and they told her to come to the LB meeting tonight. She said that that smaller than what the normal sidewalk width is supposed to be and if two people are waiting in line the sidewalk will be blocked.
Lt. Ouellette said that it is private property over there.
Ms. Ricks said she checked and the sidewalk is not private property.
Lt. Ouellette said maybe customer scan order the ice cream in side instead in an effort to get off on right foot with neighbors.
Mr. Shea said he wants to work with neighbors and said maybe there would be a chance of having a crosswalk in front of his business to slow the cars down that take that corner.
Josh Gray, the husband of Ms. Ricks, said that there are lots of traffic issues in that area. He said there are tour buses and trolleys that come down that side street. He said it is a small tight area and the other side of the sidewalk is not accessible because it has stairs.
Mr. St. Pierre said there is a café around the corner that has tables and he does not believe it is an issue.
He said it puts the Board in a tough position because there are already set ups like this through out the City. He said the Board is trying to be consistent and will monitor this for any issues.
Ms. Ricks said that the Board is saying that she now has to go into the street.
Mr. St. Pierre asked Ms. Ricks not tout words in his mouth.
Mr. Casey asked Mr. Shea to bring a copy of his outdoor seating in to the Licensing Department and asked what the capacity for outdoors would be.
Mr. Shea said about 49 for outdoors and 70 inside.
Mr. Casey said approval would be contingent upon receiving the outdoor plan, a formal menu, TIPS certification and the routing slip.
Mr. Casey motioned to approve for 7 days a week from 7am-11pm.
Mr. Lee seconded
Mr. St. Pierre said motion carries. All were in favor.
Also approved was the Entertainment License for Seaport Café.
Mr. Casey read from the application that Mr. Shea was looking to have 5 TV’s, music and up to a 5pc live band. Mr. Casey warned Mr. Shea to be cautioned on the doors being opened. He reminded him that there are problems with noise throughout the City and there are resident directly across from him. He said the Board would modify or revoke the license if there was a problem.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said motion carries. All were in favor.
Approved: Seasonal Beer and Wine License and Common Victualler’s License. Applicant: Coven. Present: Richard Trezza, owner and Jennifer Vourlos and Attorney Jason Gesing.
Mr. Casey asked about Mr. Trezza’s plan.
Ms. Vourlos said that the front of the space will be an artisanal market with local produce and items like natural cereals. She said that the middle and back of the space will have desserts and prepared foods to go.
Mr. Casey asked if they were aware of the Seasonal Liquor License rules and what there experience has been.
Ms. Vourlos said that she has been in the bartending business for a long time. She said that any staff they have will be TIPS trained.
Mr. Casey asked what they will be doing about there trash.
Ms. Vourlos said that they have a trash room in the basement with their own trash bins.
Mr. Trezza said the trash company will make pick ups as often as they are needed.
Mr. Casey asked when they planned opening.
Ms. Vourlos said in two or three weeks.
Mr. Casey asked what the hours intended to be.
Ms. Vourlos said that they would like to open from 7am-11pm 7 days a week.
Mr. Casey asked if they understood that the Seasonal License were granted and not an asset and that they can be revoked.
Carol Moore, from the public gallery, said she lives at 281 Essex Street and that the residents have some concerns. She said one of them id the access to the restrooms. She said that it is in a common area where patrons can get to residence side. She asked if there was a plan to protect the tenant’s security.
Ms. Vourlos said that the customers do not have to go through that hall. She said the residents could look at the plan.
Ms. Moor also asked about music.
Mr. Lee said they have not discussed that piece yet.
Ryan, from the public gallery, said he owns on the second floor. He said his concern is with the trash. He said the residents have an issue with it now without adding the garbage from a restaurant. He said it is a small space and that brings issues with rodents. He said he is working with the management company for an alternative because the trash space is inadequate as it is now. He also said that patrons would have access to residences upstairs.
Ms. Vourlos said she can’t speak for other trash problems now but that they are willing to work with them. She said they can have as many trash pick ups a week as they need or they can move the trash to another storage spot they have downstairs.
Mr. Casey said if there is a problem with trash that it becomes more of a Board of Health issue.
Mr. St. Pierre said if there is an issue it will be on record here at this meeting but it becomes an issue with the BOH or the building manager.
Ryan asked what he does if there is a problem.
Mr. St. Pierre said that Ms. Vourlos has already said she may have a means to address the problem. If it is still a problem he said to contact the condo manager and the BOH.
Ryan asked if she would use the other space she has for the trash instead.
Attorney Gesing said that they will take whatever measures possible so there are no other problems. He said they are showing a commitment.
Mr. Trezza said that they have there own bins that have covers.
Mr. Casey motioned to approve for 7 days a week from 7am-11pm and said that they need to submit a more formal menu for the file, all to be TIPS certified and a completed routing slip.
Mr. Lee seconded
Mr. St. Pierre said the motion carries. All were in favor.
Also approved was the Entertainment License for Coven.
Mr. Casey read from the application that Mr. Trezza is seeking music through an IPOD and laptop, a radio and 2 TV’s. Mr. Casey cautioned them about volume with residents above them.
Ms. Vourlos said they had a noise test done.
Mary Fitzpatrick, from the public gallery, asked about prep time for the employees.
Lt. Ouellette thought that it was no earlier than 6am.
Mr. Lee also cautioned them about music and noise and the residents above them.
Mr. Casey motioned to approve
Mr. Lee seconded
Mr. St. Pierre said motion carries. All were in favor.
***Ryan said he would like to see the test that was done regarding decibel levels.
Mr. Lee said the Board will be working with businesses and residents to make things successful for all.
Dave, resident of Crombie Street said that he is happy to see this couple going in there. He said there décor and equipment looks first class.
Resident of neighborhood said that she was also in support of this business.
Nicole, in the public gallery, said that the owners of Coven have given her inspiration to pursue her own dream of owning her own business since she’s met them and she is in support of them.
Another resident of Crombie Street said that she moved downtown for this kind of atmosphere and she is in support of them.
Ken Rothwell, in the public gallery said that they have a great concept and he is in support of them.
John Boris, in the public gallery said that he has mentored a lot of downtown business over the years and these are one of the finest couple she has ever met. He said he fully supports them.
A resident from 289 Essex Street said she knows there is a lot of support in the room but that she cannot support them. She said that in the summertime she cannot even open her windows because of the noise that is already there. She does not support this application.
Hearing: O’Neill’s. Present: Ron Brogan, owner and Mary Levasseur, general manager and Joe Jabel, doorman.
Mr. St. Pierre said that he was going to turn the Hearing over to the Lt. to discuss this matter.
Lt. Ouellette said this Hearing was being held for a violation of Chapter 138 section 34, sale or delivery to a minor.
Lt. Ouellette read from the incident from the report. He said that on January 5 2010, Salem Police in conjunction with the ABCC were out investigating establishments. He said that 11:10 pm investigators from the ABCC and SPD went to O’Neill’s. He said upon entering there appeared to be 3 youthful looking patrons. He said that one admitted to being under 21. He said that investigator Guarino from the ABCC took down the information on the minor. She was drinking a 12 oz bottle of Corona and the ID she used to enter was her friends ID. The other girl at the table was 21 and bought and passed the beer to the minor sitting at the table.
Mr. Casey asked if anyone checked her ID.
Lt. Ouellette said evidently not.
Mr. St. Pierre asked what else is relevant to this violation.
Lt. Ouellette said they just had a one day suspension.
Mr. Brogan said that was back in November.
Lt. Ouellette said prior to that one day he had a warning.
Mr. Jabel said that the underage girl showed the ID. He said she looked as the ID picture with the same height and same hair color.
Lt. Ouellette asked what kind of ID she had.
Mr. Jabel said it was a MA ID.
Mr. Brogan said he though that she was in before 9, before the doorman. He said that when the doorman comes on they double check peoples ID’s inside. He said that he is doing the best that he can to stop this.
Mr. Lee said that this Board needs to start putting the fear of God into people to make them realize how serious this is.
Mr. Brogan said that this is his family’s business and he takes this very serious. He said they even have an ID machine.
Mr. Casey said he has to understand the Boards position and that they can’t continue to allow this to happen.
Lt. Ouellette said he knows he is trying but that the last incident was similar to this. He said he knows the doormen are doing a good job but that there is obviously a problem somewhere.
Mr. Casey said maybe the doormen need to do sweeps when they come on at 9 of the people already in the establishment.
Lt. Ouellette said maybe that is how they are getting in before the doorman comes on.
Mr. Lee said that he wanted to give Mr. Brogan a two day suspension on a Friday and Saturday. He said that because Mr. Brogan has been so candid and honest that he is going to make a motion for the Board to accept a two day suspension with only serving one day and the other to be held in abeyance for 6 months. He said he will give them time to let staff know. He said this is going to be there last chance.
Mr. Lee motioned to suspend the liquor license for two days, one to be served on Friday May 21, 2010 and the other to be held over for 6 months. License is to be turned into Ms. Pagliaro at 8am on Friday May 21.
Mr. Casey seconded
Mr. St. Pierre requested a roll call.
Mr. Lee - Yes
Mr. Casey – Yes
Mr. St. Pierre – Yes All in favor.
***Mr. Brogan respectfully asked that the suspension be served on a Monday.
Mr. Lee said we did that last time and cannot do that this time. He said that everyone needs to know that enough is enough.
Mr. Brogan said they are trying the best that they can.
Mr. Casey said to remember that there is going to be one day held for 6 months and that if anything else happens that will be enacted immediately.
Hearing: Dodge Street Bar & Grill. Present: Frank Presutti, Jr. owner
Mr. St. Pierre said he was going to turn the Hearing over to the Lt. to discuss the matter.
Lt. Ouellette said that the complaint has been bought forward due to a violation of not posting cover charges, not issuing receipts for cover charges and allowing a disturbance or an illegality in a licensed establishment. He said that on February 5, 2010 Salem Police in conjunction with the ABCC were out investigating establishments. He said that when they arrived at Dodge Street there was a female highly intoxicated in front of the establishment. She said she when investigator Guarino of the ABCC approached her she began using obscenities. She smelled of alcohol and was very unsteady on her feet; as a result she was placed in protective custody. Officer Pierce took her to the police station. At that time it was discovered that her date of birth was 4/29/89 and that she was 20 years old. He said that
the illegality that occurred with this is incident is that although police did not observe her in the establishment she was out front and when asked where she was said she had been inside the establishment.
Mr. Presutti said that he never saw her in the establishment. He said she knew she was out front because her boyfriend was inside and kept trying to get her in but she was refused.
He said that she marked her own pan with a pen to try and get in and that did not work either. He said in 7 years he has never had a problem.
Lt. Ouellette asked him what the color of the pen used that night was.
Mr. Presutti said purple.
Lt. Ouellette showed the Board a picture that Officer Gaudet took of the minors hand at the station with a purple mark on it. He said that it was more of a marker than a pen. He said the other violations were not issuing receipts for cover charges and not posting cover charges.
Mr. Presutti said that the normal doorman called in sick that night and the person he out on the door did not realize he had to do that stuff.
Mr. Lee asked Lt. Ouellette how Mr. Presutti’s demeanor was during this time period when police and the ABCC were present.
Lt. Ouellette said that Mr. Presutti was very difficult. He said that when police and investigators went to Strega, Mr. Presutti followed them up the street and asked why they were picking on him. He continued on and was told to go back to his establishment or he would be arrested.
Mr. Lee asked Mr. Presutti if he had anything to say.
Mr. Presutti said that he does not want any problems and that he has never had a violation.
Mr. Lee said he was given a verbal warning a few months ago. He said he is ready to propose to the Board that he be given a one day suspension, suspended for one year as long is there are no other problems. Mr. Lee said that he has seen Mr. Presutti in action when it comes to authority figures and that he needs to tone his self down with officials.
Mr. Lee motioned to approve a one day suspension suspended for one year.
Mr. Casey seconded
Mr. St. Pierre requested a roll call.
Mr. Lee – Yes
Mr. Casey – Yes
Mr. St. Pierre – Yes All in favor.
Commun-
ications: None
Old/New
Business: None
Approved: Minutes from 4/12/2010 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: April 29, 2010
Approved: May 10, 2010
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