Meeting: Salem Licensing Board held Monday, September 13, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Robert St. Pierre, Chairman, Rick Lee and John Casey. Investigator Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: Six (6) One Day Liquor Licenses. Applicant: Hamilton Hall. Present: Tricia Schott.
Mr. Casey listed the dates, times and number of people for the events. He said they were all wedding receptions and insurance had been provided and a police detail had been secured.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: One Day Liquor License. Applicant: Salem Wine Imports. Present: Eric Olsen.
Mr. Casey asked what the event was.
Mr. Olsen said that it is a wine tasting for New England Athenaeum and Historic Salem at Old Town Hall. He said it is for about 250 people from 5:30-9:30.
Mr. Casey asked if they arranged for a detail officer.
Mr. Olsen said not yet but he will.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Blanket License for Haunted Happening Events.
Applicant: Ellen Talkowsky, City of Salem, Special Projects coordinator.
Ms. Talkowsky explained she is the liaison for the HH organizing committee. She said that there are several events planned for the month of October, much of them are the same as last year. She said one new thing this year is that on 3 weekends there will be movies on the common. She said this is sponsored by 92.9 FM. She said Fiesta Foods will be back on the common as will the carnival but that location is still to be approved. She said this also includes the various entertainments for Halloween night. She said any vendors will provide employee list and we will CORI if we have to.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: One Day Liquor License. Applicant: Salem Arts Association. Present: Ellen Hardy, President.
Ms. Hardy said it is actually for two days Friday and Saturday. She said there will be an art exhibit and they are only looking to sell beer & wine.
Mr. Casey said that where it was for a non-profit organization that the Board could return her check for $100.00. He also reminded her that after the last event they held that they need to get the application into the Board in a timely manner.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: One Day Liquor License. Applicant: Million Dollar Box Truck. Present: Patrick Sargent and Brian Cox.
Mr. Sargent that his company sets up events and half goes for the company and the other half of proceeds go to a charity. He said they also put ads on their box truck to make money.
Mr. Casey asked what charity this event would profit.
Mr. Sargent said the Boys and Girls Club.
Mr. Casey asked who would be serving the alcohol.
Mr. Sargent said there are many places taking part in the event such as mayflower, Beer Works and Blue Hills.
Mr. Lee asked where exactly this would be in the square or inside.
Mr. Sargent said inside.
Mr. St. Pierre asked about security.
Mr. Sargent said that they have a police detail.
Mr. Casey asked if the servers were TIPS certified.
Mr. Sargent said the businesses are sending their servers and he believes that they are certified.
Mr. Casey said that the Board requires that servers for any open event are TIPS certified.
Lt. Ouellette verifies that there were no sales happening and it was only beer tasting.
Mr. Sargent said that was correct.
Mr. Casey asked if there would be food.
Mr. Sargent said there would be food from the Tavern there.
Mr. Casey asked if they had a detail officer and noted the insurance was with the application.
Mr. Sargent said they had a detail.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: One Day Liquor License. Applicant: Salem Chapter Cerebral Palsy. Present: Andrew Baumgatner and Allison Knapp.
Mr. Baumgatner said he is working with Ms. Knapp from Mowala productions for the event. He said that it is s a private event for a non profit. He said there will be about 150-200 people by invitation only from 7pm-midnight.
Mr. Lee asked where the event would be.
Mr. Baumgatner. said at Old Town Hall.
Lt. Ouellette said they can have all alcohol as it is for a non profit event.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Evan Buso Jarnis. Present. Mr. Buso, Evan’s dad.
Mr. Buso said that Evan is at school and was not able to make the meeting himself. He said since last year Evan has performed in Madrid, Barcelona and Paris. He said he has become very good. He said the only issue Evan faces is that he needs a small amplifier for gathering the crowd for his magic show.
Mr. St. Pierre said unfortunately he will just have to use his voice.
Lt. Ouellette said that there was an issue with a Street Performer last year with amplification.
Mr. St. Pierre said the Board ahs had to stop other people from using amplifiers.
Mr. Buso asked if a small one could be used at a low level.
Mr. Casey said unfortunately not because that would be setting a precedent.
Mr. Lee said the Board does not allow it anymore.
Mr. St. Pierre said if they allowed it everyone would want it.
Mr. Casey motioned to approve without amplification.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries
Approved: Application for a Street Performers License. Applicant: Judy Johnson
Ms. Johnson said she does balloon art, face painting and still work. She said she had a license last year and would like to renew it this year.
Mr. Lee said he motion to approve pending the BOP check.
Mr. Casey seconded.
Mr. St. Pierre said all were in favor. Motion carries
Approved: Application for a Street Performers License. Applicant: Royal Sorell.
Mr. Sorell said that he is here to renew his license and that he does balloon art.
Lt. Ouellette said he is all set.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Janice Salas.
Ms. Salas said that she is a special effects artist and that she would like to dress up as a Sci-Fi character and have people take pictures with her.
Lt. Ouellette said she is all set.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Chris Asselin.
Mr. Asselin said he would like to play the guitar and sing.
Mr. Casey informed him that there was no amplification allowed.
Mr. Asselin said that he does not use any.
Mr. Casey asked if this was his first time as a street performer downtown.
Mr. Asselin said that it was.
Mr. Casey said that he can out something stationary out for tips but he can not pass anything or ask for money.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
No Show: William Sperlinga, applicant for Street performers License.
Approved: Application for a sub-licensee Fortunetelling License for New England Magic. Applicant: Peter White. Present: Joanna Thomas, store owner.
Ms. Thomas said that she got the notice so she is her e for Peter.
Mr. Casey asked what percentage of her business was metaphysical.
Ms. Thomas said 100%.
Mr. Casey asked what Mr. White would be doing.
Ms. Thomas said that he would be reading tarot cards. She said she will be too busy next month to do it all in the store by herself.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a sub-licensee Fortunetelling License for The Broom Closet. Applicant: Colleen White. Present: Jeanne Garrahan, store owner and Colleen White.
Mr. St. Pierre asked what Ms. White would be doing in the store.
Ms. White said she would be reading tarot cards.
Mr. Casey asked what percent of her store is metaphysical.
Ms. Garrahan said all of it is.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a sub-licensee Fortunetelling License for The Salem Chapel. Applicant: Edward Hubbard and Danielle Young. Present: Donald Lewis, Owner, Ms. Young and Mr. Hubbard.
Mr. Lewis said that this would be sub-licensee number 2 & 3.
Lt. Ouellette said they were all set.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a sub-licensee Fortunetelling License for Omen. Applicant: Deb Kiernan. Present: Christian Day.
Mr. Casey asked Mr. Day what the applicant would be doing.
Mr. Day said readings and everything else they do in the store.
Mr. Casey asked if she has read in Salem before.
Mr. Day said not in Salem but in other spiritualist churches.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all were in favor. Motion carries
Approved: Application for a Psychic Fair for the month of October. Applicant: Festival of the Dead. Present: Christina Day.
Mr. Casey read the 11 readers name from the file for the October fair.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Psychic Fair for the month of October. Applicant: OMEN. Present: Christian Day.
Mr. Casey read the 5 readers name from the file for the October fair.
Lt. Ouellette said the readers for both fairs were all set.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Psychic Fair for the month of October. Applicant: Crow Haven Corner. Present: Laurie Stathopolous.
Mr. Casey read from names of the 5 readers for the fair.
Mr. St. Pierre said they will approve them pending the BOP check.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application to renew two sub-licensees for Bewitched. Applicant: Richard Watson and Lorri Gibson. Present: William Lazdowski, Richard Watson and Lorri Gibson.
Mr. Lazdowski said these are two readers that have been with him and would like to just renew their licenses.
Mr. Watson said he does tarot and crystals.
Ms. Gibson said she does tarot and angel cards.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Discussion: Pamplemousse. Present: Diane Manahan.
Mr. St. Pierre said this was a discussion with Pamplemousse.
Mr. Casey said that he could reiterate the discussion that he and Ms. Manahan had on Friday. He said that when she applies for someone for an event that there is an open meeting law and the Board breaks that law if they have to discuss the event outside of a meeting. He said the other issue was that she understood that she cannot pour for events. He reminded her that her license was for her establishment only.
Ms. Manahan said that she does understand and was trying to help a non profit hold an event and that they could not get the alcohol from the distributor.
Mr. Casey asked how long she has had the Home Rule license.
Ms. Manahan said 5 years.
Mr. Casey said that the board is fore warning her about these issues on the record.
Mr. St. Pierre said there is no further discussion.
Discussion: Stromberg’s, 2 Bridge Street. Present: Peter Kastrinakis, owner and two managers, April and Jane.
Lt. Ouellette said that he and Mr. Lee have been out on routine inspections. He said that there was also a noise complaint from one of the Beverly City Councilors to the Mayor’s Office. He said while they were there they noticed the bar out back. He said that they spoke to manager.
Mr. Kastrinakis said the extension is on the license as approved by the state.
Lt. Ouellette said he wanted to point out that the noise complaints this year were strictly from Beverly and he is not aware of any from Salem.
Mr. Kastrinakis said that as in past years there are sometimes noise issues but that he has provided neighbor s with a list of phone numbers for him and the managers. He said if there is a noise issue that they can call any time and it will be turned down and this has seemed to work. He said that a lot of factors like tides and winds play into how the noise is carried.
Mr. Lee said that he was glad there were no Salem complaints. He said it appears they have it under control and all seems to be well.
Mr. St. Pierre agreed that it is a bit of a catch 22 when the winds and tides change the way the sound carries.
Mr. Lee said it was his error and that the bar outback is listed as an extension on the license.
Lt. Ouellette also pointed out that a sting was performed by Salem g ago and the bartender would not serve the person that the police sent in, He said that was a good thing.
Mr. Lee said there is no further discussion.
Hearing: Exchange on Congress, 75 Congress Street. Present: Mr. Corben.
Mr. Corben said he was sorry that he could not attend the last meeting as he has been ill and in the hospital. He said he knows that there have been some complaints but he thinks its been ok since the last complaint.
Mr. Lee said there were a total of 7 noise complaints.
Lt. Ouellette said that at first there were quite a few and his son Andrew was before the board fir a discussion on these complaints at the last meeting.
Mr. Lee said the Board knows there have been no current complaints and is happy about that. He said that there would be no recommendations made for now and to keep things the way they are now as to avoid any other complaints.
Mr. Casey said the Board is here to help business work issues out.
Mr. Lee said there are no further discussions and thanked Mr. Corben for coming in.
Communications
Old/New
Business:
*OLD: Pat Schultz from howling Wolf Taqueria came in to speak with the Board about the extension of his hours, he said that when his seasonal license was granted the Board gave him until 11 pm and said that after some time of up and running with no issues he could come back and request regular hours.
Mr. Lee said he had good news. He said where there have not been any issues he does not see a problem with that.
Mr. Casey said that will go for Seaport Café which has been asking as well. He said this will take effect immediately.
Mr. Schultz thanked the Board.
*OLD: The Board reviewed the criteria and application for a Seasonal Liquor License for Jaho at Pickering Wharf.
Mr. Casey said that when the Board agreed to form a committee after putting a moratorium on seasonal that it was with the idea of attracting new, full service food establishments in the downtown area. He said that if we begin awarding Liquor licenses to these types of business every Dunkin Donuts in the City will have one.
The Board agreed that they cannot grant this license to Jaho.
Mr. Lee said for the record that it is the recommendation of the Board and the committee that this application does not meet the criteria for the License.
*OLD: Mr. Casey told the Board that with there Agenda there is a copy of the policy for Class II Auto Licenses in the City. He said that he met with the Mayor on this last month and she is also interested in having this policy passed.
The Board discussed the policy and items like time frames before a license is distinguished if not sold and also more than one corporation holding a license.
Mr. Lee said some of this can be dealt with later but getting the policy passed should be dealt with now.
Mr. St. Pierre said that he has no problem with the policy.
Ms. Pagliaro took a roll call vote for the Board to adopt the Class II Auto Policy.
ROLL CALL
Mr. St. Pierre - Yes
Mr. Casey – Yes
Mr. Lee – Yes
Mr. St. Pierre asked Ms. Pagliaro to discuss this with Beth Rennard for some legal guidance on the number that one corporation is allowed to have a license.
The Board said they will also discuss the time limit that the license can be declared gone if the business is not sold.
Mr. Casey said this policy benefits the City. He said it allows the Board to have better control of them.
*NEW:
Lt. Ouellette said that the police did a sting. He said that several places were caught serving to underage patrons.
He said that there are 5 complaints to be issued. One complaint is for a store and the other 4 for restaurants. He said Lafayette market on 8/6/2010, Green Land Café, In a Pig’s Eye, The Lyceum and Asahi on 8/19/2010.
Mr. St. Pierre asked if it was always a one day suspension on this complaint even if it is a first offense.
Mr. Lee said this is a very serious complaint.
Lt. Ouellette said it was up to the policy that the Chairman would like to set.
Mr. St. Pierre said that he wants to be consistent.
Mr. Lee said the Board usually looks at what other offenses an establishment has.
Mr. St. Pierre said that it can be a warning than for first offense?
Mr. Lee said it is better to deal with these complaints on a case by case basis.
Mr. Casey said some of these establishments have never once had an issue in 30 or more years.
Mr. St. Pierre asked Ms. Pagliaro to call all the above noted business in for a Hearing.
Approved: Meeting minutes from August 16, 2010 meeting
Mr. Lee motioned to approve
Mr. Casey seconded. All in favor
Adjournment: Mr. Lee motioned to adjourn
Mr. Casey seconded. All in favor
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: September 23, 2010
Draft Minutes
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