Meeting: Salem Licensing Board held Monday, April 25, 2011 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Robert St. Pierre, chairman, members Rick Lee and John Casey, Investigator for the Board, Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: Application for a Street Performers License. Applicant: Lawrence Levesque.
Mr. Casey asked what he performed.
Mr. Levesque said he does magic and balloon twisting.
Mr. Casey went over the rules. He said the hours are from 10-8pm in the B5 area and he could not pass anything for tips only put something stationary.
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: Simon Lin Gerstein.
Mr. Casey asked if he has performed in Salem before.
Mr. Gerstein said that he has for the last two years.
Mr. Casey reviewed the rules for street performing with Mr. Gerstein as he did the previous applicant.
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: Lily Press
Mr. St. Pierre asked what she performs.
Ms. Press said she plays the harp.
Mr. Casey asked if she has performed before in Salem.
Ms. Press said that he has for the last two years.
Mr. Casey reviewed the rules for street performing with Ms. Press as he did the previous applicant.
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: Peter Mercier
Mr. St. Pierre asked what he performs.
Ms. Press said she plays the guitar, harmonica and sings.
Mr. Casey said there is no amplification allowed and reviewed the rules with Mr. Mercier.
Mr. Casey motioned to approve.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for One Day Liquor License. Application: Federal Street Neighborhood Association. Present: Stanley Swartz.
Mr. Swartz said that this a fundraiser that will be held a Landry Arcari and it will consist of beer tasting.
Mr. Casey said the application read that the event is on May 15 from 5-7 pm for about 120 people. He said the LB can waive the fee because they are a 503c. Mr. Casey asked who would be pouring.
Mr. Swartz said that the distributors would be.
Mr. Casey motioned to approve pending insurance.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for One Day Liquor License. Application: Salem Partnership. Present: Pat Zaido. Executive Director
Ms. Zaido said that this is the 24th annual meeting that will be held at the Phillips Library.
Mr. St. Pierre asked if they were selling the alcohol or giving it away.
Ms. Zaido said they would be selling it.
Mr. Casey asked about the insurance.
Ms. Zaido said that the hotel is running it.
Mr. Casey asked her to get the insurance certificate from them and to schedule a police officer and because it’s a non profit the LB can waive the fee.
Mr. Casey motioned to approve.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for Sub-Licensee for HEX. Applicant: Anthony Spagnulo. Present: Christian Day.
Mr. Day said that Mr. Spagnulo does phone readings and parties.
Mr. Day asked if he was not able to come into a meeting if he could send one of his managers.
Lt. Ouellette said that Mr. Day needs to be aware that if there is a problem with one of his readers that someone needs to answer to that.
Mr. Casey motioned to approve.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for Sub-Licensee for OMEN. Applicant: Michael Noll. Present: Christian Day, owner.
Mr. Casey asked if Mr. Noll has read in Salem before.
Mr. Day said that Mr. Noll formerly owned oracle Chamber for many years.
Mr. Casey motioned to approve.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Approved: Application for Seasonal All Alcohol License. Applicant: Salem Beer Works. Present: Joe Slesar, owner and George Osgood, Property owner, 278 Derby Street.
Mr. Osgood said that Salem beer Works has been tenants for the last 15 years.
Mr. Casey asked what is going in the space where the other half of Dunks was.
Mr. Osgood said Dunks downsized and he thinks possibly an Italian restaurant.
Mr. St. Pierre asked what Beer Works is looking to do.
Mr. Slesar said they are looking to obtain a Seasonal All Alcohol to pair with their Annual Beer & Wine License and to help them compete with other area restaurants. He said they just spent a large amount of money renovating the inside and the outside patio.
Mr. St. Pierre asked about the renovations.
Mr. Slesar said there is a new patio and the entire inside is brand new.
Mr. Casey noted that Beer Works was one of the first large establishments to believe in Salem.
Mr. Lee said the application and paperwork appears to be complete and that he is happy for them.
Mr. Casey motioned to approve and wished them luck for the next 15 years.
Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.
Discussion: Discussion regarding the recent closing of the establishment. Present: Linda Cappuccio, owner.
Mr. St. Pierre said that the LB has been trying to serve Ms. Cappuccio with a notice to come in for a discussion and has not been able to after 3 or 4 tries because the restaurant has been closed. He said that Ms. Pagliaro does not have a current address and needs one to update the file.
Ms. Cappuccio entered the meeting late.
Mr. St. Pierre said that if Ms. Cappuccio closes the restaurant she cannot do so without notifying the LB first.
Ms. Cappuccio said that she has been closed and that she has had the business for sale. She said she has a P&S with an interested buyer. She said there are some contingencies but that she is nearing a final agreement. She said that she also completed two projects inside which the restaurant needed to be closed for. She said that if the agreement fell through that she would reopen.
Mr. Lee asked her to provide the Licensing Department with a current phone number and home address. He asked her why she did not notify the Board of the closing.
Ms. Cappuccio said she didn’t know she had to.
Mr. Lee said she holds a seven day license and that she has to be open unless she notifies the Board.
Mr. Casey said that the LB has heard various stories about the building.
Ms. Cappuccino said anything that is happening with the building has nothing to do with Strega.
Lt. Ouellette said that the LB should not be guessing as to what is going on with this License and that he suggests that by the next meeting, Ms. Cappuccio come to the Board with her plans.
Mr. St. Pierre said that he agrees with Lt. Ouellette as we have held other businesses to the same standard.
Mr. Lee said that lt. Ouellette has been to the establishment to serve Ms. Cappuccio with meeting notices three or four times.
Mr. Pierre said that by the next meeting on May 9th he wants Ms. Cappuccio back to let the LB know what the plans are.
Hearing: Black Lobster. Present: Peter Kastrinakis.
Mr. St. Pierre said that this is the 3rd time the Board has tried to bring him in with no response from him. He said that he cannot close when he wants for any period of time without approval form the LB. He also reminded Mr. Kastrinakis that when the LB calls him in it is not to be ignored.
Mr. Kastrinakis said he did not get the notices because they were mailed to the business and he was not there.
Mr. St. Pierre requested Mr. Kastrinakis to give a current phone number and a current home address to the Ms. Pagliaro.
Mr. Lee said the LB understands business is tough especially in that area but that he just cant close and not notify anyone.
Mr. St. Pierre asked Mr. Kastrinakis to inform the LB of what’s going on.
Mr. Kastrinakis said that initially it started with a dispute with the manager right after Halloween. He said he was only going to close for two weeks at that point. He said then he had someone who wanted to buy the building so he thought that was going to happen but that fell through. He said he didn’t know he had to notify the Board.
Mr. St. Pierre said he understand the hardships the business down there face with all the construction and that the LB would work with him but that he needed to let the Board know what is going on.
Mr. Kastrinakis said that he has been reopened the last couple of weeks and that he has a strong management team now.
Mr. Casey said that Mr. Kastrinakis needs to give Ms. Pagliaro the information on the new manger.
Commun-
ications: NONE
Old/New
Business: Old:
Ms. Pagliaro informed the Board that the application for the Transfer of Liquor License for Friendly Mini Mart was denied for tax reasons. She said she has notified the attorney.
New:
Lt. Ouellette said that he has received complaints from Derby Lofts about noise at Murphy’s. He said that he has pulled the police reports from the last five months directly related to Murphy’s. He said he had been speaking with Ms. Lewis who is the spokesperson for the residents.
Mr. St. Pierre asked how many other reports aside from Lt. Ouellette’s there were.
Lt. Ouellette said there were 14 in all for 300 Derby Street. One was a past assault; one was for a lost cell phone. He said that there are Sgt.’s assigned to go there at night around closing time.
Report on 4/2: Sgt Rocheville present when patrons were exiting and about 10 members of Murphy’s security moved them right along.
4/3: A domestic dispute involving a patron that was mad that he was removed form the bar staff. Officer Priddy spoke to bar staff. Staff told him that the man was having issues with his girlfriend and was asked to leave.
4/4: Report of a loud car stereo and yelling was called in a 300 Derby Street. In fact it was a car in traffic stopped at the traffic light.
3/3: Report of a possible fight at 11:53pm, the area was clear upon the officers arrival.
12/30: Sgt. Ryan monitored closing. 7 patrons left the establishment and area was in complete quiet.
12/29: Sgt. Ryan monitored closing. All was quiet at closing.
12/28: Sgt. Dacy was at area. He observed a girl who was having a hard time walking. Sgt. Dacy PC’d her. She was twenty years old. She had used a fake ID that she had given back to her friend and did not have on her.
12/27: Check on closing and there was no activity reported.
12/24: Sgt. Ryan observed about 200 patrons being cleared out of establishment and area by about 10 security staff. By 1am all was quiet.
12/23: Sgt. Ryan did a check on closing. There were only about 30 patrons. About ten hung around out front and were quickly cleared by security staff.
12/4: Complaint of people in line at 1:00 am making noise. Officer Priddy arrived and the establishment was closed.
Mr. St. Pierre asked lt. Ouellette if other bars are monitored as much as Murphy’s.
Lt. Ouellette said he did not know that.
Mr. St. Pierre asked if Lt. Ouellette and Mr. Lee could go down on a Thurs Fri or Sat. night and see what is happening, possibly with Sgt. Rocheville and Mr. Greenbaum form the Health Department.
Lt. Ouellette said that they did this last year and Mr. Greenbaum came out with them to take decibel readings. He said that at this point he does not feel there is a reason to hold a discussion much less a hearing. He said there was a concern from the residents of Derby Lofts around the holidays and that Mr. Kelley agreed to close early on Christmas Eve and open much later on Christmas Day.
Mr. Lee said the last time they were out it was around 11pm and there were people walking in front of Murphy’s drunk with alcohol in hand. It just happened that the Sgt. stopped them in front of Murphy’s. They were not patrons at Murphy’s. He said that the noise measurements were the loudest from the fans on top of Murphy’s building. He said that when the LB has asked Mr. Kelley to do something he has complied.
Mr. St. Pierre asked if lt. Ouellette and Mr. Lee could investigate and repot back to the LB at the next meeting.
Mr. Lee suggests that no action be taken until they go out and see what is going on.
Mr. St. Pierre said that he agrees and that they will take it from there.
NEW:
Lt. Ouellette said there are also complaints about the Lobster Shanty at 25 Front Street. He said he has pulled 24 reports.
Mr. St. Pierre asked how many of those dealt with Entertainment.
Lt. Ouellette said 9 over a 1 year period.
4/17/10: Band playing outside 3:30 pm.
10/3/10: Loud music. Officer said that there was no problem. 4:40 pm
8/29/10: Loud music. 6:52pm
8/20/10: Noise complaint at 10:44. Caller said there were too many speakers. Band only had 2 12 inch speakers that are allowed. Band agreed to turn it down.
8/6/10: Loud music. Music was lowered.
7/25/10: 5:05 pm. Complaint of loud music. Upon officers arrival all was quiet.
5/21/10: Complaint of loud music. Patrolman Davis reported that the level of music seemed fine.
5/20/10: Complaint of loud music. Establishment turned it down.
5/7/10: Complaint of loud music. No complainant identified. Other than this, the other complainant has been the same person.
Mr. St. Pierre requested that Lt. Ouellette and Mr. Lee investigate this area as well.
Mr. Casey said he wanted to note that in one email to Ms. Pagliaro, the complainant said that the LB did not notify them that the LB extended the Lobster Shanty’s entertainment from April. He just wanted to note that the LB is not required to do so.
Mr. St. Pierre noted that the LB only bought them in line with other seasonal establishment’s entertainment licenses.
Approved: Meeting minutes from April 11, 2011 meeting
Mr. Lee motioned to approve
Mr. Casey seconded.
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded. All in favor
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: April 29, 2011
Approved: May 9, 2011
| 
