Meeting: Salem Licensing Board held Monday October 25, 2010 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Robert St. Pierre, Chairman, and John Casey. Investigator Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Rick Lee.
Lottery: For 2010 Haunted Happening Vendors for placement on Hawthorne Boulevard for October 31st.
#19 – Prue #13 – Cando
#12 – Lagone #8 – Kaya Cachimuel
#16 – Kefalas #17 - Ben Bornstein
#18 – Kefalas #6 – Fidalgo
#4 – Ndreneau #10 - Faulkner
#20 – Ward #14 – Jose Cahcimuel
#9 Luis Cachimuel #7 – Rimay Cachimuel
#21 Mamadou Dijop #5 – Condo
#11 – Farid #15 - Lifebridge
Approved: 2 (two) One Day Liquor License. Applicant: Salem YMCA. Present: Deb Amaral.
Ms. Amaral said that one is for the teen town reunion from 7-10pm for about 250 people and the other is for a fundraiser cocktail party for the restoration of Ames Hall on 12/5 from 5-7:30. She said both events are beer and wine only and she has already arranged for a detail officer for both events.
Mr. Casey motioned to approve and waive the fee.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for 4 (four) one Day Liquor License. Applicant: Hamilton Hall. Present: Tricia Schott.
Ms. Schott said the dates are 11/5, 6, 12 and 20th. She said three are wedding receptions and one is a Bar Mitzvah. . She said this is 13 out of the 30 One Day Licenses allowed for the year.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Dan Kupka
Mr. Kupka said he would like to play acoustic instruments on the pedestrian mall.
Mr. Casey explained the rules about tips, the hours, the locations and no amplification.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Michael Grimaldi.
Mr. Grimaldi said that he would like to do caricature portraits and henna tattoos.
Mr. Casey explained he could not sell anything but he could put something out for tips.
Mr. Grimaldi said he would only be asking for tips.
Mr. Casey asked where he wanted to set up.
Mr. Grimaldi said outside the mall.
Mr. Casey said that was fine but that if an official asked him to move for any reason he would have to move.
Mr. Casey motioned to approve once BOP is completed.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Alan Katz
Mr. Katz said he would like a license for balloon art. He said he does flowers, hats, swords, etc.
Mr. Casey asked him where he wanted to perform.
Mr. Katz said some where along the pedestrian mall.
Mr. Casey said that is an official asked him to move for any reason that he would have to move.
Mr. Casey motioned to approve one BOP is completed.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Sandra McCahill.
Ms. McCahill said she would like to play the flute.
Mr. Casey told her there is no amplification allowed and the hours she could perform.
Mr. Casey motioned to approve once the BOP is completed.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for 2 (two) sub-licensee for Angelica’s. Applicants: Pam Amato and Catherine Grace. Present: Barbara Safranski.
Mr. Casey asked if Barbara knew the readers.
Ms. Safranski said she does.
Mr. Casey asked if both had completed BOP’s.
Lt. Ouellette said they did.
Ms. Safranski said they both will be working reading part time.
Mr. Casey said this will bring her to her 5th reader.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Discussion: Dodge Street Bar & Grill. Present: Frank Presutti, owner.
Mr. St. Pierre said he was going to let the Lt. speak on this matter.
Lt. Ouellette said that Mr. Presutti is being called in for discussion tonight because of an incident that happened on October 9, 2010. He said the report stated that a patron was arguing with a bartender and the verbal confrontation turned to a physical one outside. He said that a girl was punched and knocked to the ground. He said someone driving by recognized the girl and stopped to help her and he was kicked in the face and also knocked to the ground by the patron. He said the reason for the discussion tonight is that the last time an incident happened the Board held a Hearing and there was lack of cooperation.
Mr. Presutti said that he does not feel he is uncooperative. He said the last incident was one year ago and he was not uncooperative.
Lt. Ouellette asked if he called the police on the recent incident.
Mr. Presutti said of course he did and even took steps to get a no trespass order against that person.
Lt. Ouellette reminded Mr. Presutti that when something happens on premise that leads to something else it is his responsibility.
Mr. St. Pierre asked if the argument actually started inside then.
Mr. Presutti said the incident happened up the street on Dodge St. Court.
Mr. St. Pierre said he is trying to gather facts but better or worse Mr. Presutti is responsible.
Mr. Presutti said he understood.
Mr. St. Pierre said maybe Mr. Presutti should keep trying to find another approach.
Lt. Ouellette said the Board is trying to help him prevent these incidents.
Mr. Presutti said he knows who it was and as he said he obtained a no trespass order through police.
Mr. St. Pierre asked if he was a member of the Chambers “zero tolerance” program. He said that way if someone is issued a no trespass order they cannot go into any other establishment in the city for six months.
Mr. Presutti said he would check into that but that he is not currently a member of that.
Lt. Ouellette asked how he could bar the rest of the group that is trouble that is hanging around there.
Mr. Presutti said he does not allow them in there.
Lt. Ouellette said there is one other issue. He said that the demeanor of Mr. Presutti when he comes into the LB office is not acceptable. He said conduct like that disrupts the business day.
Mr. Presutti said he would not do that.
Mr. Casey said there are witnesses that say you did.
Mr. St. Pierre said that from here forward any business Mr. Presutti has with the Licensing Department, he must call and Ms. Pagliaro will set up a time for him and Lt. Ouellette to meet.
Mr. Casey said for him not to come into the office because of his recent behavior.
Mr. St. Pierre said there is no further discussion on this matter.
Discussion: Paula and Kevin Kefalas.
Lt. Ouellette said again that if Mr. Kefalas had any business with the Licensing Board to set up a time to meet with him directly after his behavior last weekend.
Mr. Kefalas said there is a lot of stuff gong on with the City but that was fine. He said he was thrown out of his locations. He said three years ago all of this stuff started to change. He wanted to know why other food carts were being placed near him and why he could not be on the mall on October 31st.
Lt. Ouellette said that is a police call because of safety issues.
Mr. St. Pierre said it was started after 9/11 because it was a catastrophe waiting to happen.
Mr. Kefalas said he has been here for 20 years and now he is surrounded by Fiesta trailers everywhere.
Mr. St. Pierre said that it was done fairly through a bid process.
Mr. Kefalas asked why he had to be in the lottery for 10/31 when a few years ago Mr. Shea gave him the first three spots on Hawthorne Blvd.
He said he is here year round and don’t know why he should go in lottery.
Mr. St. Pierre said he is not here to discuss the lottery process and he can call Ms. Pagliaro to set up an appointment with Lt. Ouellette if he wishes.
He said that is how he should deal with the Licensing Department from here forward.
Ms. Kefalas asked what here spots were for 10/31.
Ms/ Pagliaro told her she was picked for number 16 7 18.
Mr. St. Pierre said there is no further discussion on this matter.
Commun-
ications: * Mr. St. Pierre called for a 5 minute recess.
Emails from Joshua Madruga and his wife.
Mr. and Mrs. Madruga were present in the audience and came to table to speak.
Mr. St. Pierre said that he read the emails and was going to ask Lt. Ouellette to speak.
Lt Ouellette said that he has approached Mr. Madruga for two years. He said that Mr. Madruga has been out on Essex Street for two years without a Street Performer or vendor’s license selling caricature drawings. He said that he spoke with him last year and he left and he was back again this year. He said not only him there are other people he is having issues with too. A conversation between Mr. Madruga and the Board about the rules and regulations of a Street Performer and Vendor and what stores can set up out front of their businesses took place.
Ms. Talkowsky suggested that he apply for a Street Performers license.
Mr. St. Pierre said that we will take Mr. Madruga’s suggestions into consideration and discuss the rules and regulations for next year. He said that he sees things differently than Mr. Shea did and that he also suggests a Street Performers License He also said there are some problems with the rules and regulations that will be addressed before next season. He said that going after a City employee the way his wife did in her emails is not tolerated. .
Mr. Casey said that he is sat on the LB for 15 years and that he or the Board would never out up with any kind of discrimination so the decision to make him apply for a Street Performers License was not personal as suggested. He said the Board is not here to discourage artistic talent. Mr. Casey said that maybe he could go inside the mall.
Mr. Madruga said he did that last year and it got very nasty between him and the mall manager.
Mr. Casey motioned to approve Street Performers License pending a BOP.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Lt. Ouellette said he is good at what he does but if there were no rules and regulations people would just be out there everywhere.
Old/New
Business: New:
Brendan O’ Reilly showed up to the meeting. He said he was dressed as Darth Vader over the weekend taking pictures with people and people were giving him tips. He said someone told him he could not do that without a license.
Mr. Casey reviewed the rules with him.
Mr. Casey motioned to approve.
Mr. St. Pierre seconded.
Mr. St. Pierre said all were in favor. Motion carries.
New:
Mr. St. Pierre said there is a Fire violation from Tavern in the Square to be placed in the file.
Lt. Ouellette thinks it is Fires responsibility.
Mr. Casey said it appears that Tavern got a copy of the violation.
Mr., St. Pierre asked Ms. Pagliaro to call Chuck Holloran and ask him to bring it to the Board if the situation is not rectified.
Ms. Pagliaro said the violation would be placed in the file.
Approved: Meeting minutes from October 6, 2010 meeting
Mr. Casey motioned to approve
Mr. St. Pierre seconded. All in favor
Adjourn-
ment: Mr. Casey motioned to adjourn
Mr. St. Pierre seconded. All in favor
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: November 4, 2010
Approved: November 8, 2010
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