Meeting: Salem Licensing Board held Monday, January 10, 2011 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: One Day Liquor License. Applicant: North Shore Bartending. Present: Pat Sergeant and Brian Cox.
Mr. Sergeant said that Mr. McCabe spoke with Mr. St. Pierre about this event. He said that this is an event benefiting the Plummer home for Boys.
Mr. Casey asked if it would be all alcohol or beer and wine.
Mr. Sergeant said beer and wine only.
Mr. Caser asked who was paying the fee and asked the Board to agree to suspend the fee if it was to benefit a Salem Charity.
Mr. Sergeant provided the Board with a letter from the Plummer Home about the benefit event.
Mr. Casey motioned to approve and waive the fee.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: One Day Liquor License. Applicant: Stuart Ginsberg. Present: Stuart Ginsberg.
Mr. Ginsberg said that this event is for a deceased friend and they are starting up a scholarship in his name at SSCU. He said this is a musical event.
Mr. Casey asked exactly what the event is.
Mr. Ginsberg said that is for a deceased friend from Salem, Joe Kelly.
Mr. Casey asked if it was a non-profit.
Mr. Ginsberg said that it is not.
Mr. Casey asked if they have a detail officer and who would be serving and if he has insurance.
Mr. Ginsberg said that he called the station and pending approval he will reserve the detail officer and that there will be TIPS certified people serving and that he will bring the insurance certificate to the office.
Mr. Casey said the fee is $100.00
Lt. Ouellette asked where the event was to be held.
Mr. Ginsberg said it will be at St. John the Baptist hall.
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 Chamber of Commerce. Present: Rinus Oosthek.
Mr. Casey asked what the event was.
Mr. Oosthek said this was the 9th Annual Chocolate and Wine Tasting at Hamilton Hall.
Mr. Casey asked if it was for all alcohol and if they have a detail officer.
Mr. Oosthek said they do have a detail officer and that it is for beer and wine. He said that 18 local businesses are involved in the event.
Mr. Casey motioned to approve.
Mr. Lee Seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for sub-licensee Fortunetelling License. Applicant: Angelica’s of the Angels. Present: Eric Fraize and Barbara Szfranski, owner.
Ms. Szfranski said that she let a reader go and wants to have Eric read for her.
Mr. Casey asked Mr. Fraize what he does.
Mr. Fraize said he reads tarot, medium ship, astrology, etc.
Mr. Casey asked if Lt. Ouellette had done a BOP.
Lt. Ouellette said he did and it was fine.
Mr. Casey motioned to approve.
Mr. Lee Seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Approved: Request to Change d/b/a. Applicant: J Quick Kitchen, 2 Paradise Road. Present: David Michael, GM.
Mr. Michael said that they would like to change the name to Black Cow Express from J Quick Kitchen. He said everything is the same just the name.
Mr. Casey motioned to approve.
Mr. Lee Seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Hearing: The Exchange on Congress, 75 Congress Street. Present: Andrew Corben.
Mr. St. Pierre said he was going to turn the Hearing over to Lt, Ouellette and noted that Ms. LeClerc and her son Mr. Riley from the property next door were present.
Lt. Ouellette said that Mr. Corben has been called in twice before to answer some concerns that the Board has. He said the first time his father who is ill came in to answer to the Board and the second time he did not show. He said at the last meeting three others showed up to speak for him. He said the building owner who has a pledge on the license and two guys from Medford who claimed that they were the new managers. The LB wanted to speak directly to you and no one else. He said he has been to the establishment 4 or 5 times and they are never open. However, he said there have been calls to police reporting loud music. He said that on 12/20 and 12/24 police were called to the establishment for loud music and when they responded the place was dark and locked up. He said there have been three or four reports that
are the same. He said that by law, he has to report any closings to the Board. He said that there are also flyers that have been distributed around town showing that exotic dancers re at the Exchange.
Mr. Corben said that his wife was pregnant and ill and his father was very sick. He said that he has been open. He said that he also did not promote exotic dancers. He said one of the managers saw the flier or card. He said that since his break in August for two weeks he has been open since. He said that until recently he himself has not been there a lot. He said since Christmas he has terminated the entire staff and is working on hiring all new TIPS certified staff. He said that he wants to move back to the Mediterranean cuisine he started with. He said that as far as the alls for loud music that there is a person who was interested in buying the license and id upset that it is not for sale. He said that she is making these calls and falsely reporting stuff because she is angry with us for not selling the license to
her.
Mr. St. Pierre said that he would like to know who the two men were who came in last time to speak on his behalf.
Mr. Corben said those were two guys he hires to assist him in the hard time he was having.
Mr. St. Pierre asked if those men would be a part of this going forward.
Mr. Corben said they would not be and they were part of the staff that was terminated.
Mr. St. Pierre said there are even larger issues. He said that because he has not complied with the required inspections the LB is holding his actual license to operate.
Mr. Casey explained that a 304 inspection has to be done each and every year by December 31. He said that at the end of the meeting he will make a motion to suspend the liquor license and entertainment license beginning tonight.
Mr. Lee said he has some questions. He said the testimony that Mr. Corben has given to the Board is a bit conflicting. He said he has been there himself on a few Friday nights and the establishment has been closed. He said that when Mr. Corben came before the LB with his initial plan he said that it would be a family style restaurant. He said this is not what seems to be happening.
Mr. Corben said he is taking great measures to find a staff to make this work.
Mr. Casey said that what he has said has not held up. He said that before the license is reinstated he is going to need to bring a firm business plan back to the LB.
Mr. Lee said that the neighbors from next door that were here at the last meeting are back tonight and asked if they would like to speak.
Ms. LeClerc from 79 Congress Street said they have not been open a day since December 23.
Mr. Casey said that Ms. Leclerc told us at the last meeting that she has kept a diary.
Ms. LeClrec said that she has kept a diary that begins in June and goes to January 9, 2011. She said that in being fair, one of the calls mentioned for noise was received in the AM not at night. She said that call was for 73 Congress Street and not The Exchange and she was not sure who made that call. She gave the Board a flier that was passed out on Halloween for the file.
Mr. Casey said that as of now Mr. Corben is not open.
Lt. Ouellette asked again if that was his plan to get a new staff. He asked who the men that were here talking for him last time were.
Mr. Corben said Keith and Ron Penn and they were brothers. He said he thought they could help him but it didn’t work out.
Mr. Casey motioned to indefinitely suspend the liquor license and entertainment license until further notice.
Mr. Lee Seconded.
Mr. St. Pierre said all were in favor. Motion carries.
***Mr. Beradino who is the pledge and owner of the building asked if he could speak. He said that he will make the building available for whatever inspections need to done.
Hearing: Passage to India. Present: Hugh Kerr and Attorney Les Reardon.
Mr. St. Pierre said this is a Hearing as a result of a complaint from Fire Prevention. He said that Mr. Halloran would speak to this matter.
Mr. Holloran, Inspector for Fire Prevention, said that on October 30, 2010 an inspection at Passage to India was done. He said that the certificate shows 104 people maximum and the actual count was 176. He said that he called Lt. Ouellette. The doorman told them that he had a count of 150.
Mr. St. Pierre asked if they were using a clicker at the time of inspection.
Mr. Holloran said that had a t least one but wasn’t sure if they had more than one.
Attorney Reardon said there is no dispute that there was a violation. He said he was here tonight to more or less address the expansion issue. He said they are currently working with an architect to get the occupancy right. He said nothing like this would happen again.
Mr. Casey asked Mr. Kerr was there on the night of the 30th.
Mr. Kerr said he was.
Attorney Reardon did say there was some confusing as Mr. Kerr thought that the architect had touched base with the building department to show them the plans and to change the occupancy number but apparently that did not happen.
Mr. St. Pierre, Building Commissioner said that the number on the 304 Certificate is 104.
Mr. Kerr said that an error was made somewhere.
Mr. St. Pierre said that Ms. Pagliaro will put the violation in the file and that Mr. Kerr should work on finishing this with the architect.
Mr. Tom St. Pierre said that they should try to have the confusion resolved before the next meeting in two weeks.
Mr. St. Pierre said that they can report back to the LB in two weeks at the next meeting.
Mr. Casey said if additional time is needed because of the architect to let the LB know.
Mr. St. Pierre asked again if they were looking to increase capacity.
Mr. Kerr said yes he was and this confusion is his fault.
Mr. Casey stated that this was an issue that the LB ha to address.
Mr. Kerr said he understood.
Communications: *Letter from H.L. Realty on the increase of Lodging House fees. In response to the letter that will be placed in the file Mr. Casey said that he did a quick spreadsheet of estimated revenue for these two properties on Lafayette Street and Washington Street and the total combined revenue is $709,800 a year. He said that the issue is in question is about $400.00
*Hearing Notices from ABCC for 4 establishments: Lobster Shanty, Gulu-Gulu Café, Asahi and Tavern in the Square.
Mr. St. Pierre asked if Lt. Ouellette know what the violations were for.
Lt. Ouellette said they were all for non payment of unemployment.
Mr. Casey motioned to have the violations placed in their files.
Mr. Lee seconded.
Mr. St. Pierre said all were in favor. Motion carries.
Old/New Business: *New:
Report from Fire Prevention for Honga Restaurant.
Mr. Casey said they were cited and given 14 days to correct the issue. He asked if Mr. Holloran could be at next t meeting to address the violation.
Mr. Lee said to call them in for a Hearing on the 24th.
Approved: Meeting minutes from December 13, 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: January 19, 2011
Approved: January 24, 2011
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