Meeting: Salem Licensing Board held Monday, October 11, 2011 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members: Members Rick Lee and John Casey, Investigator for the Board, Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Robert St. Pierre, chairman of the board.
Approved: Application for a Street Performers License. Applicant: Joseph Cotreau.
Mr. Lee asked what he would be performing and if he has performed in Salem before.
Mr. Cotreau said that he plays the saxophone and he has not performed in the City before.
Mr. Lee reviewed all the rules and regulations of the license.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Lawrence Bell.
Mr. Lee asked what he does and if he has been in Salem before.
Mr. Bell said he is a balloon artist and he had a license last year after being told he head to get one.
Mr. Casey reviewed the rules of the license.
Mr. Casey reviewed the rules and regulations.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Kevin Clyne.
Mr. Casey asked him what he performs and if it was his first time in Salem.
Mr. Clyne said is plays the alto saxophone and that this is his first time getting a license.
Mr. Casey asked if he heard the rules that he previously explained.
Mr. Clyne said he did.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Nicholas Bogosian.
Mr. Bogosian said that he plays the banjo, fiddle sings and does footwork.
Mr. Casey reviewed the rules with him and told him that no amplification is allowed.
Mr. Bogosian said he does not use any.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicants: Dorothy King
Mr. Casey asked what she performs.
Ms. King said that she is a contortionist and that she fits herself through a tennis racquet.
Mr. Casey asked if she has had a license before and reviewed the rules.
Ms. King said this was her first time.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Lara Jay.
Mr. Casey asked what she performs and if this was her first time with a license.
Ms. Jay said she had a license a couple of years ago and she performs as an acrobatic cat and that she puts a pumpkin out to collect tips.
Mr. Lee reviewed the rules and motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: José Mejias.
Mr. Casey asked what he performs.
Mr. Mejias said that he poses for pictures dressed as a Sci Fi character.
Mr. Casey asked if he had a license before and reviewed the rules.
Mr. Mejia said that this is his first time getting a license.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Janice Salas.
Mr. Casey asked what she performs.
Ms. Salas said that she works with Mr. Mejias and dresses up as a Sci Fi character as well and poses for pictures.
Mr. Casey reviewed the rules.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: David Robbins.
Mr. Casey asked what he performs.
Mr. Robbins said that he sings with a guitar or accordion.
Mr. Casey reviewed the rules and said that there is no amplification allowed.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Street Performers License. Applicant: Peter O’Malley.
Mr. O’Malley said he performs magic and twists balloons.
Mr. Lee asked if he understood the rules and regulations of the license.
Mr. O’Malley said he has had a license for many years and knows the rules.
Mr. Casey reviewed the rules and said that there is no amplification allowed.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Common Victualler’s license. Applicant: Salem Tipico, 86-88 Congress Street, Romero Ashley present with current owner, Ruben Baez.
Mr. Casey asked if it is currently a restaurant that Mr. Baez owns.
Mr. Romero said it was and that he was just applying for the license in his name.
Mr. Casey said that licenses are not transferrable so the LB has to extinguish the license in Mr. Baez’s name first and asked if Mr. Baez was in agreement with that.
Mr. Baez said he was.
Mr. Lee voted to extinguish the license currently held as Salem Tipico with Mr. Baez as the owner.
Mr. Casey seconded.
Mr. Casey asked what experience Mr. Ashley had at owing or running a restaurant.
Mr. Ashley said this would be the first time he owned a restaurant.
Mr. Lee motioned to approve with the hours of Mon-Sat 9am-10pm and Sunday 10am-7pm.
Mr. Casey seconded contingent upon the licensing Department being provided a copy of the P&S.
***Neighbor Mr. Riley said his mother lives across the street and he just wanted to know about entertainment.
Mr. Ashely said there was not any except for a TV.
***Neighbor and building owner Art Berardino from across the street said he wished them the best of luck.
Approved: Application to renew the Store FT license for Goddess’ Treasure Chest and two sub licensees. Present: Silvia Martinez, store owner.
Ms. Martinez said her store has been doing readings since 1993 and is 100% metaphysical.
Mr. Casey asked how many readers she has.
Ms. Martinez said two.
Mr. Casey motioned to approve the renewal of the store license.
Mr. Lee seconded.
Mr. Casey asked who the two readers were.
Ms. Martinez said they are June Lampert and Penelope McCullogh.
Mr. Casey asked if they read for her before.
Ms. Martinez said yes.
Mr. Lee motioned to approve the two sub licensees.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Change of Manager. Applicant: Green Land Café. Present: Joe Giacalone.
Mr. Giacalone said that last year they were in to change stockholders and he is the majority holder now. He said tonight he wanted to formally change the manager to himself.
Mr. Casey asked if he would be there at least 40 hrs a week as the law requires him to.
Mr. Giacalone said that he is not always there that many hours and said he does however have a full time GM.
Mr. Casey suggested that he name her as the manager of record then.
Mr. Giacalone said that he would hold his application then until the next meeting in October and change the paperwork.
Approved: Application to renew the store FT license for Salem Psychic Center and one sub-licensee. Present: Joy Kasner
Ms. Kasner said that Diana McKanas, the owner has been very ill. She said the she is just renewing the store license and her own sub-licensee.
Mr. Lee motioned to renew both licenses.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Change of Officers for Ulster, Inc. d/b/a O’Neill’s. Present: Ron Brogan and Attorney Barowski.
Attorney Barowski said that Mr. Brogan is now the sole owner of the business.
Mr. Casey asked if Mr. Brogan would remain as the Manager on record.
Mr. Brogan said that he would.
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Approved: Application for a Common Victualler’s License. Applicant: Dario Puerto
Mr. Casey asked him what it was he was looking to do.
Mr. Puerto said he is going to open up a snack bar in the Leggs Hill YMCA.
Mr. Casey asked if it would be the same seating arrangement.
Mr. Puerto said yes it is common area seating in the Y. He said the hours will be from Mon-Sat 6am-8pm and Sunday 8am-6pm.
Mr. Lee motioned to approve contingent upon completing routing slip.
Mr. Casey seconded. All in favor. Motion carries.
Hearing: Exchange on Congress, 75 Congress Street.
Present: Nelson Sanchez, introduced himself as manager, Andrew Corben, Ernest Corben, Gloria LeClerc and Michael Riley, neighbor, Joan Lovely, Arthur Sergeant and Joseph Costanzo.
Mr. Casey read a chronology into record of the events that have taken place since the license was switched into Mr. Corben’s name. The document will be placed in the file.
Lt. Ouellette read the reports of several calls to the police. He did say that only two were substantiated, which are a part of this complaint tonight as well as claims that an unknown and unapproved party is managing the restaurant, and that the establishment has not been open to the public 7 days a week. He said that every time police are called there Mr. Sanchez is the person identified as the person in charge. He said that if they are to close at all they need the permission of the LB and they have not obtained that.
Mr. Ernest Corben said that they are in the process of transferring the license.
Andrew Corben said that he was told by the owners of they building that he could not open.
Lt. Ouellette asked who the official Manager of Record is.
Ms. Pagliaro said that is still Andrew Corben.
Andrew Corben said that when he bought Joe Costanzo to the Board he said that during the transition they would not be open seven days a week.
Lt. Ouellette said that the last two weeks they have been closed without the LB’s permission and asked who named Mr. Sanchez the Manager.
Andrew Corben said that he has been acting as Manager of the restaurant.
Mr. Lee said how about the frustration with the noise. He said that this neighbor has been here every time there is a meeting for this and every time Andrew you say you are going to take care of it.
Andrew Corben said that he knows there are issues with the neighbors and not a great relationship with them. He said they have tried to address complaints. He said there are also personal issues with the neighbors and Mr. Sanchez.
Mr. Lee said these issues have got to be resolved.
Andrew Corben said that Mr. Costanzo wants to apply for the license again.
Mr. Casey said that the law says the license must be awarded to be a responsible individual. He said that this license has been nothing but one big mess since August of 2010 when it was transferred to Mr. Corben.
Andrew Corben said he has run restaurants for 14 years and this is the only time that he has ever had a problem and that he is trying to deal with these issues.
Attorney Troy, who represents the building owner and pledge of license, said there is a lot of money tied up in this license and property. He said that his client already has the paperwork into the licensing department to have this license transferred to him on the October 24th meeting. He said the Mr. Berardino is concerned about his property and the problems with the building neighbors. He said that he spoke to Ms. Pagliaro a while back ago and said that Mr. Costanzo was not going forward with the transfer because all of his time was devoted to his other business on Highland Ave.
Ms. Pagliaro said she checked with Mr. Costanzo and he admitted to this and said at that time he was not going forward with the application.
Mr. Lee asked all parties how long this is supposed to take to figure this mess out and resolve all of this.
Mr. Lee said that at this time he motions to suspend the license for 30 days beginning immediately until all of the proper paperwork is in order to transfer this license. He said operating shall cease as of tonight.
Mr. Casey seconded and said they must bring the license to Ms. Pagliaro at City Hall first thing at 8am the next morning. He said they cannot open at all or the license will be gone.
Mr. Lee said that this Board needs to start showing its authority in these cases.
Mr. George Paoine who is Mr. Berardino’s private business partner asked if he could please speak. He said that he is a private partner but has been here every meeting and has also sat back quietly. He said he has not tried to push anyone out of the business. He said that he has been the one to try and stay involved with everyone in this situation so he would know what was going on. He said he is talking to everyone to try to resolve some of these issues. He said that lots of money has been transferred between Andrews’s hands and these other individuals and it has become a big mess. He said that Mr. Berardino is a very successful business man and that he’s confident that if the license is transferred to him these issues will be worked out. He said that after the last meeting it was he
who told them to close because he does not know who is in there managing what and he doesn’t trust what is happening in there now. He said that right now there are very, very large bills that the Corbens do not have the money to pay. He said if it’s not going to work he wants them to move on so they can take it back and try to do the right thing with it.
Mr. Casey agreed that the two men have a substantial investment into this.
Mr. Lee said know there is 30 days for everyone to figure this mess out.
Councilor Lovely said that she was just called and asked to attend by the neighbor’s right before the meeting tonight. She said that she has not been involved in the whole process but that she is shocked at the length of the report. She said she agrees with the Board and can see that they have been very generous in allowing them plenty of opportunity to address their issues.
Councilor Sergeant said that he is very disappointed with the quality of life issues that seem to be going on here.
Mr. Riley said that he just wants to make it clear that his mom lives next door at 79 Congress not upstairs from the restaurant.
Commun-
ications: NONE
Old/New: NONE
Business:
Approved: Meeting Minutes from September 26, 2011.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: October 17, 2011
Approved: October 24, 2011
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