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March 29, 2011
Meeting: Salem Licensing Board held Tuesday, March 29, 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 Pledge of License. Applicant: Rockafella’s

Present: Dave McKillup and Kevin Marchino, owners

Mr. St. Pierre asked what for a brief description of what is happening.

Mr. McKillup said that they recently purchased the building. He said they are now going for a loan from the City’s Planning Department to pay off an outstanding loan at Salem Five and complete the renovation on the second floor. He said that the license needs to be pledged to the City for the loan.

Mr. St. Pierre said he would like to speak with the City Solicitor about having more than one pledge out on a license.

Mr. McKillup said the first loan would be paid when this loan is received and there would no longer be a pledge.

Mr. Casey asked if they also now had a mortgage for the purchase on the building.

Mr. McKillup said that they do have a separate mortgage for the building.

Mr. Casey asked about what kind of functions they would hold.

Mr. McKillup said that they already have a prom. 3 weddings and a reunion booked.

Mr. Casey motioned to approve.

Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.        

Approved: Application for a Seasonal All Alcohol License. Applicant: Lakay Restaurant, 2 East India Square, formerly Asahi.

Present: Tom Fallon, attorney Sarah and Vlad Lassage, owners.

Att. Fallon sais that they were before the Board on Feb 28 2011 to have a Common Victualler’s Application approved so that Mr. Lassage could get up and running.  He said that the Board is aware of the financial issues with Asahi and when his client purchased the title and interest to Asahi he had no idea how much was owed in order to transfer the annual beer and wince license. He said that he basically paid for the rights to nothing.
Mr. Casey said that Asahi had a Seasonal All Alcohol and an Annual Beer & Wine for many, many years.

Mr. Lassage said he didn’t realize what the situation he was until after his closing.

Ms. Lassage said that there are lots of people asking about drinks.

Mr. Fallon said that his client is well aware of the situation with License in the City and is very thankful to apply for the same license that Asahi had in this location. He said that he is grateful for the Board hearing the application and all of Ms. Pagliaro’s help with this matter.

Mr. Casey motioned to approve.

Mr. Lee seconded. Mr. St. Pierre said all were in favor. Motion carries.

Discussion: Darek Barcowski from Café Polonia, Washington Street.

Pat Schultz, in the audience, owner of Howling Wolf Taqueria on Derby Street also joined the discussion.

Mr. Barcowski said that he has been very involved with the debate in the City on the liquor license issues. He said that he has been doing some research with the ABCC on adding cordials to his license but he now hears that Seasonal All Alcohol Applications are going to be accepted. He said that money is extremely tight and he suffered greatly this season while he was not able to serve any alcohol at all. He said that the City Council agreed to a conversion for several license and his is included in that but that is currently at the State House awaiting final approval. Mr. Casey said that right now there is no rate set for a Seasonal Cordials license.

Mr. St. Pierre said that a discussion may be needed with Ms. Rennard.

Mr. Lee said that we are still waiting for a ruling and nothing is set in stone until that happens.

Councilor Sosnowski said that there were only certain licenses on the request for the Act.

Mr. Barcowski and Mr. Schultz were worried about applying for a cordials license while the conversion request was still in committee.

Mr. Casey said he is not sure because this issue has never been before the Board before.

Lt. Ouellette said that he fells that the Board should still be able to grant Seasonal Licenses.

Mr. St. Pierre questioned where all of this started.

Ms. Pagliaro said that it was her belief this stared two summers ago when former chairman Shea put the moratorium on Seasonal and Home rule Licenses.

Councilor Sosnowski said he believed that was because Seasonal License were not being given to Seasonal business’.

Mr. Casey said that the wording in the criteria from the LB is now in the B5 district.

Mr. St. Pierre said that he proposes to Howling Wolf and Café Polonia that they begin the paperwork for an Seasonal All Alcohol to get ready to do the advertisement.

Lt. Ouellette suggested to Mr. St. Pierre that he lifts the moratorium on Seasonal Licenses.

Mr. Lee motioned to lift the moratorium for Seasonal Licenses.

Mr. Casey seconded. Mr. St. Pierre said all were in favor. Motion carries.

Communications: *Mr. Casey spoke about the plan to review and rewrite the Ordinance on Street Performing because of the volume of people coming in applying. Mr. St. Pierre asked if the Board was allowed to cap the number of licenses.

Lt. Ouellette said he thought that had to be done by Ordinance.

Mr. St. Pierre said that he wished to let this go at this time. He said this should be done by the City Council if need be at a later time.

*E-mail from Salem Beer Works on full liquor Licenses.

Mr. St. Pierre said to tell them that they can apply for a Seasonal All Alcohol.        

Old/New Business: Mr. Lee said that he thinks that the Black Lobster/Stromberg’s needs to be brought in for a Hearing. He said that the Board wanted him in for a hearing and he did not show, He wants to call them in for a Hearing now. Lt. Ouellette said that this is the second time that he has closed without notifying the Board.

Mr. Lee motioned to call The Black Lobster in for a Hearing on April 25th.

Mr. Casey seconded. Mr. St. Pierre said all were in favor. Motion carries.

Notice of Hearing is to be hand delivered by Lt. Ouellette.

Approved: Meeting minutes from February 28, 2011 meeting

Mr. Lee motioned to approve

Mr. Casey seconded.

Adjournment: Mr. Lee motioned to adjourn

Mr. Casey seconded. All in favor

Respectfully Submitted,

Melissa Pagliaro
Clerk of the Board
Submitted: April 4, 2011
Approved: April 11, 2011