Meeting: Salem Licensing Board held Monday, June 13, 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.
Postponed: Application for a Class I Auto Dealers License at Stutz Volvo, 311 Highland Ave.
Mr. St. Pierre said that he was going to take this item out of order as it was going to be continued until a later date and did not want the parties having to sit around and wait. He said that the Board, just before the meeting, received information about some legal issues at this address that are being raised by the property owner behind this property. He said that this application will be continued until the July 11th meeting.
Attorney Mullane confirmed that the issues were those brought up by the abutting neighbor.
Mr. St. Pierre said that was correct. He said the information just was not received in enough time for the Board to review.
Postponed: Application for a Transfer of a Liquor License at 94 Lafayette Street.
Attorney Joe Correnti was present for the applicants and said that they are requesting a continuance. He said there are a few issues surrounding the transaction and that those issues should be addressed by the July 11th meeting. He said if they are not they may withdraw the application.
Mr. Casey motioned to continue hearing the application for Red LuLu.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Richard Luecke, Perry McIntosh, Adrienne Howard and Cynthia McIntire.
Mr. Luecke said that all could not be present tonight but the group has had a License before and had no problems. He said that they play old time Celtic music using a combination of the ukulele, fiddle and other instruments.
Mr. Casey asked if they used any amplification.
Mr. Luecke said they do not.
Mr. Casey went over the rules and hours.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Daniel Kupka
Mr. St. Pierre asked him what he performs.
Mr. Kupka said that he plays portable instruments. He said he does solo performances but may join other street performers as well. He said he is aware of the hours and the rules.
Lt. Ouellette confirmed the BOP was fine.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Kevin Stirnweis
Mr. St. Pierre asked what he performs.
Mr. Stirnweis said he sings sea shanties and plays an acoustic mandolin guitar. He said he has had a license before and know all of the rules and regulations.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Matthew Sinclair
Mr. Casey asked him what he performs.
Mr. Sinclair said that he is a ukulele player and plays 1920’s, 30’s and 40’s music. He said he also plays classic Italian music on the accordion.
Mr. Casey asked if this was his first time having a license.
Mr. Sinclair said that it was but he heard all the rules that were given to the prior applicants.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Rebecca Homan
Mr. St. Pierre asked what she performs.
Ms. Homan said she has had a license for the last two years and that she plays authentic American music and rock and roll and plays acoustic guitar and percussion. She said she is aware of all of the rules.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries
Approved: Application for a Street Performers License. Applicant: Sandra and William Berchoff.
Mr. St. Pierre asked what they perform.
Ms. Berchoff said that they do themselves up in professional movie makeup as different characters.
Mr. Berchoff said they just wanted to be able to go like the jack Sparrow character does.
Mr. Casey reviewed the rules of the license with them.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries
Approved: Application for a Street Performers License. Applicant: Elise Turketta
Mr. St. Pierre asked what she performs.
Ms. Turketta said that she is a hoola hoop dancer as an art form. She said she uses a hoop with LED lights.
Mr. Casey reviewed the rules with her.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries
Approved: Application for a Street Performers License. Applicant: Joseph Quadros.
Mr. St. Pierre asked what he performs.
Mr. Quadros said that he plays acoustic guitar and sings and does not use amplification.
Mr. Casey reviewed the rules with him.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries
Approved: Application for Sub-licensee for Past-Present-Future. Applicant: Kevin Coan.
Ms. Brown, store owner said that Mr. Coan could not be here tonight. She said that he works for JetBlue and the pat Whitley Show. She said that he is a great medium and she is happy to have him be reading at the store.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for two Sub-licensee for Crow Haven Corner. Applicants: Theresa Clark and Kyri Spencer.
Ms. Stathopolous, store owner said that Ms. Clark and Ms. Spencer have fifteen years of combined experience and will be part of her five readers.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Store Fortunetelling License and a sub-licensee. Applicants: Essence of Healing, Elaine Tavis and sub-licensee Nicol Jackson.
Ms. Tavis said that it is not a store but a healing practice in Salem and they would like to do angel card readings.
Ms. Jackson said the office is located at the old Iron Works Gym on Jackson Street.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a One Day Liquor License. Applicant: Northshore Bartending , George McCabe.
Mr. McCabe said that the event is to be held at Hamilton Hall with Donna Lambert as a fundraiser for ovarian cancer. He said there will be a live and a silent auction, beer and wine and hot and cold appetizer’s.
Mr. Casey requested that Mr. McCabe get insurance and police detail before being given the license. He also spoke about the ABCC’s latest correspondence to the local Board’s saying that applicants for a One Day License should try to get them to the Board with a 60 day notice.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a One Day Liquor License. Applicant: Jen Bell, Salem main Streets with Wade Holtsmen, Still River Winery.
Mr. Casey asked if he has sold his wine before at Farmers markets.
Mr. Holtsmen said that he has in several Massachusetts communities.
Ms. Bell said this law was just passed to a allow Farmers to do this because of a demand from customers. She said this product is not competing with any of our local retailers.
Mr. Holtsmen said that he is allowed to serve ¼ of an ounce samples.
Mr. Casey said he is concerned with that being a university town.
Mr. Holtsmen said that he has an insurance certificate that he will provide to the City and he will have the City listed as a n additional insured.
Mr. St. Pierre said the insurance will be required but does not see a need for a detail officer.
Mr. Casey motioned to approve contingent upon receiving the insurance certificate.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a One Day Liquor License. Applicant: Witch’s Cup. Present: Dan Schulman.
Schulman said this is the 3rd year he is applying for beer on the Common for this event. He said there have been no issues at all the last two years. He sais there will be police at the tent, he has insurance and there will be TIPS certified people serving at the tent. He said he already has approval from the Park Commission and the City Council.
Mr. St. Pierre asked if he has his police detail set up yet.
Mr. Schulman said he was going to do that as soon as he got all of his approval from all necessary Boards.
Mr. Casey asked if there would be any entertainment.
Mr. Schulman said there is not although the announcing for the race is amplified.
Mr. Lee noted that Mr. Schulman has planned very well for this event to make sure that there have been no problems and it has been successful.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for Class II Auto Dealers License. Applicant: Norman Riley for Shamrock Motors, Inc at 41 Boston Street. Present: Attorney Joe Correnti and Norman Riley.
Mr. Casey said he recently went by the lot and there are mobile home trailers and boats parked on the lot and that as a condition of any application those would have to be removed immediately.
Attorney Correnti said that he is representing Norman and that there is still debris from the current owner at 41 Boston Street that has to be removed.
Mr. Riley said he would take care of that himself.
Mr. Correnti said that Mr. Riley has run Shamrock Motors on Jefferson Ave for the last ten years. He said he is a Salem guy and runs a great business. He said that he has signed a five year lease with a 5 year option on Boston Street. He said that he is anxious to get over there and clean up the lot.
Mr. Lee said that he know Mr. riley has a very good reputation.
Mr. Casey motioned to extinguish current license at 41 Boston Street under Top Speed Auto, Jean Valcourt.
Mr. Lee seconded.
Mr. Casey motioned to approve application for Shamrock Motors at 41 Boston Street.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for Common Victuallers License. Applicant: E & B d/b/a
North House of Pizza, 134 North Street. Present: Attorney LeBeck and Bujana Lena.
Attorney LeBeck said that his clients are a brother and sister. Bujana and Erjon Lena. He said they are from Albania and are both college graduates. He said the want to open the pizza shop with the ethnic food they grew up with. He said they each have seven years of experience.
Mr. Casey asked about the hours.
Attorney LeBeck said that they would be open Monday-Wednesday 10am-9pm, Thursday-Saturday 10am-10pm and Sunday 11am-9pm.
Mr. Casey motioned to approve.
Mr. Lee seconded and wished them the best of luck. All in favor. Motion carries.
Approved: Application for Common Victuallers License. Applicant: Robert Martel d/b/a bob’s Fried Clams. Present: Robert Martel
Mr. Martel said that he will be president of the corporation that is Bob’s Fried Clams. He said that the business has been running since 1954. He said that his wife will run the restaurant and he will do the ordering and purchasing. He said he would like the hours to be Sunday-Thursday from 11am-8pm and Friday and Saturday from 11am-11pm. He said that the menu is not changing. He said the only thing he would like different is to add 6 tables of 2 out front.
Mr. Casey asked Mr. Martel if there was an overhang outside.
Mr. Martel said that there was so it’s covered and that he only wanted to have tables out there during the summer thru October.
Mr. Casey motioned to approve including outdoor seating.
Mr. Lee seconded. All in favor. Motion carries.
Denied: Application for Seasonal All Alcohol License. Applicant: Mattera Restaurant Group, Inc. d/b/a The Hungry Whale, 72 Wharf Street. Present: Matt Mattera.
Mr. Casey asked what Mr. Mattera was looking to do.
Mr. Mattera said that the Hungry Whale is currently a convenience store in Pickering Wharf that sells sandwiches.
Mr. Casey said that a convenience store does not meet the criteria for a Seasonal License.
Mr. Mattera said that he is also applying for a C/V license as well just as the other owners had.
Mr. St. Pierre said he does not see the Board granting a license to sell alcohol to a store that sells sandwiches.
Mr. Casey motioned to deny the application.
Mr. Lee seconded. All in favor. Motion carries.
Mr. Mattera said that he is about to invest a lot of money into this space and wants to eventually expand.
Mr. Casey said once that happens he can come back to the Board with another plan.
Approved: Application for Common Victuallers License. Applicant: Mattera Restaurant Group, LLC d/b/a The Hungry Whale.
Mr. Mattera said that he is applying for the C/V license with 5 seats inside and 14 seats outside. He said the floor plans will remain the same as they are right now. He said that this business has been through a number of owners and he is looking to make it a better establishment. He said his family has been in the restaurant business for years and that he graduated from UMASS Amherst with a degree in hotel management.
Mr. Casey said that his application states he is looking to be open 7 days a week form 9am-9pm.
Mr. lee said once they expand and have a better plan they can come speak to the Board about the Seasonal license.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for Seasonal All Alcohol License. Applicant: Ristotrante Gioia. Washington Street. Present: Vito Santangelo.
Mr. St. Pierre asked what he was applying for.
Mr. Santangelo said that he would like to be able to apply for a Seasonal All Alcohol toad to his annual B&W so he can expand his business.
Mr. Casey asked if anything would be changing.
Mr. Santangelo said that everything is remaining the same.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for Transfer of Annual Beer & Wine License. Applicant: Lakay Restaurant, 2 East India Square. Present, Sarah and Vlad Lessage and Attorney Tom Fallon.
Attorney Fallon said that this had been an ongoing process to try and get the license transferred from the former Asahi to Lakay Restaurant. He said that the DOR will finally sign off on the transfer.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Discussion: With the Rockett’s discussing the liquor License and plans for the new hotel. Present: Attorney Joe Correnti and Bill Carol, General Manager.
Attorney Correnti said that Mr. Rockett was not present tonight because he was having surgery tomorrow but that he will be available to come to the next meeting. He said that he is glad to report that there is a full scale consultant on board. He said that he is an amazing architect from a firm in Boston. He said there have been several meeting and they are in stage II of the planning. He said the new plan consists of having the restaurant right on the water, along with banquet, meeting and hotel space. He said that a conceptual plan has been shown to the Mayor and the planning Department and he felt it was well received. He said this project has needed heavy permitting because it is part of the Harbor Plan. He said there
will be a new building with restaurant where the new liquor license will go.
Mr. Casey asked about the plans for the current license and stresses there cannot be two licenses at one address.
Attorney Correnti said the current license will hopefully be used in the actual hotel but they have some planning to do on that.
Mr. Lee said that the Rockett’s have taken what was a blighted area and made it beautiful. He said however, there is still pressure on the Board about the status of the license.
Mr. St. Pierre asked about a possible groundbreaking timetable.
Attorney Correnti said hopefully this fall. He said it was a task to get all the permitting but they are moving forward now.
Mr. Casey asked that they come back in the Fall for an update.
Mr. St. Pierre said come back in September before the Halloween season starts.
Hearing: Café Kusko, 128 Washington Street. Present: Dinc, owner and Joshua DaSilva, employee.
Mr. St. Pierre said that he was going to ask lt. Ouellette to speak on this matter.
Lt. Ouellette said that on May 5, he and Mr. Lee were out on inspections at closing time. He said that at approximately 1:20 am a fight was starting in front of O’Neill’s and they got out of the police car and went over to break it up. He said they were trying to get the crowd moving from the sidewalk when people started going into Café kushko. They have a C/V license and should not be open after 11pm. He said that he and Mr. Lee signaled for someone inside to open the door and they would not He said only after he showed his badge that someone came and opened the door. He said that a girl inside was extremely rude and was calling both of them names. He said he told her to get the people cleared out.
Dinc said that they were not open and he wanted to explain. He said that him and Joshua went next door to O’Neill’s to meet some friends and have a couple of drinks after his place closed. He said they left their bags and laptops in his establishment so they did not have to carry them next door. He said that the closed sign was up and the lights were off. He said that upon leaving O’Neill’s when the fight started he opened the door to his establishment and told his friends to come inside to get out of the middle of the fight.
Mr. Lee said it is his assessment that there were more than eight people inside the establishment. He said that it is not helpful when the crowd is trying to be cleared from one establishment to be letting them in next door. He said once inside it appeared that some of the people were drinking.
Lt. Ouellette said that there was not a need for them to gather inside that they were clearing the crowd to move on or go to there cars.
Mr. Lee said that it created a bottleneck.
Lt. Ouellette said that they had to request them to leave the establishment three or four times before they complied. He said there is no reason when they were asked that they had to be arguing with them to comply.
Mr. St. Pierre said that it is a hard enough task trying to disperse the crowds at closing time in downtown and that he should not have opened the doors.
Mr. Lee said that his suggestion at this point is for a two day suspension.
Mr. St. Pierre said that he is reluctant to give a two day suspension, however agrees that they cannot open the doors to bring people in after closing time. Mr. St. Pierre suggested maybe a two days suspension with one day held in abeyance for six months.
Mr. Lee motioned to suspend the C/V license for two days with one day to be held in abeyance and the suspension for one day to be served on Sunday July 3rd. He said that the license is to be turned in to Ms. Pagliaro.
Mr. Casey seconded. Mr. St. Pierre agreed for a unanimous vote.
Approved: Application for Street Performers Licenses. Applicant: James Tournas and Richard Hudson.
Mr. Tournas and Mr. Hudson apologized for coming later in the meeting.
Mr. Casey asked if this was their first time applying for a license.
Mr. Hudson and Mr. Tournas said that it was. They said they both play acoustic guitar and sing.
Mr. Casey reviewed the rules of the license with them.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
In the
Gallery: Anil Mezini from Jaho Coffee said he was here to ask about the Seasonal B & W license that he applied for.
Mr. St. Pierre said that after the Board reviewed his application, he does not meet the criteria. He said they are not going to give licenses to coffee houses. He also said this cannot be discussed without being on the Agenda. He said if he wanted to speak about this more he can ask to be out on the Agenda for the July 11 meeting.
Commun-
ications: NONE
Old/New
Business: NEW:
Lt. Ouellette said that he will be bringing forth information to the Board shortly about an issue with the Fortunetelling Licenses and at that point will be looking to call people in for a Hearing.
Approved: Meeting Minutes from May 9th and May 26th.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Adjournment: Mr. Casey motioned to adjourn
Mr. St. Pierre seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: June 24, 2011
Approved: July 13, 2011
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