Meeting: Salem Licensing Board held Monday, November 14, 2011 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were members Robert St. Pierre, Chairman and John Casey, Rick Lee, Investigator for the Board, Peter Baglioni and Lt. Ouellette and Melissa Pagliaro, Clerk.
Discussion: Mr. St. Pierre wanted to start the meeting of first saying that there was a change in command and that Lt. Ouellette is leaving the Board after 25 dedicated years of service. He said that the Lt. has been the eyes and ears of the Board and is an expert on the laws that govern the LB. He said that He said it was he who appointed Lt Ouellette to this position 25 years ago. He said that the Lt. is honest, competent and fair. He said he has been a very important assent to the Board. He said that he is very proud of the jib Lt. Ouellette has done over his many years of service to the Board. He said he would like to introduce the new Board Investigator, who is also an honest and competent man, Detective Peter Baglioni.
Discussion: With Councilor Sosnowski regarding parking at rooming houses. Councilor Sosnowski said he is bringing this up after a recent meeting where a rooming house was granted a license that had 15 units. He said that if all these rooming houses needed parking it would create a problem. He said at that meeting he asked about parking and was told that no residents had cars but a week ago he got a call from one of the residents for a parking sticker. He said he did not give permission for it at that point because there are already parking issues there. He said he talked to Ms. Rennard, the City Solicitor and legally they cannot be denied a parking permit. He said he checked the zoning of the building. He said that from here forward maybe the
number of resident parking places given out for these rooming houses can be limited. He said he just wanted to share his feelings on the situation and wanted the LB feelings on this as well.
Mr. St. Pierre agreed the parking issue should go before council.
Approved: Application for Transfer of All Alcohol Package store, currently Melvin & Mable d/b/a Bunghole Liquors to Reading Fine Wines, LLC d/b/a The Bunghole. Present: Robert Carp, applicant and Mr. & Mrs. Donovan, current owners.
Mr. Carp said he currently owns a store in Reading and his offer has been accepted for Bunghole Liquors and he hopes to open up several more in the next few years.
Mr. Casey asked where and how he would open several more.
Mr. Carp said that under the new law a licensee can now hold up to 3 licenses and at the beginning of the year that will change to 5.
Mr. Donovan said they are still keeping the Peabody store and will still own the real estate on Derby Street.
Mr. Casey asked if Mr. Carp was TIPS trained.
Mr. Carp said that he is and he makes it mandatory for his employees as well.
Mr. Casey asked about the hours.
Mr. Carp said they would be from 8am-11pm Monday thru Saturday and 12pm-8pm on Sunday.
Mr. Casey said that he should be very sensitive to properly checking ID’s as this is a college town.
Mr. Carp said that he will be using a device to scan ID’s. He said he also owns a software firm and is working on a recognition device as well.
Mr. Casey said he motions to approve the Transfer contingent upon the lease being signed, the routing slip being signed and the changing the manager to Mr. Carp and giving the Department the clip ad from the Salem News.
Mr. Carp said that he had the paper from the post office to show overnight delivery to the abutters.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Change of Manager. Applicant: Green Land Café, Washington Street. Present: Penny Petronzio.
Mr. St. Pierre asked what they would like to do.
Ms. Petronzio said that she would like to change the manager from Paul Bolen to herself. She said she is there approximately 80 hours a week.
Mr. Casey motioned to approve.
Mr. Lee seconded. All in favor. Motion carries.
Approved: Application for a Change of Manager. Applicant: VFW, Derby Street. Present: Treasurer, Jean Guy Martineau and Richard Mullins, proposed manager.
Mr. Mullins said that he lives in Salem and has been self employed in Marblehead for more than 25 years.
Mr. Casey said that he may have to increase the number of hours to 40 hrs a week in order to be manager and also asked if he was TIPS certified.
Mr. Mullins said he just completed the course on line and passed and they will be sending a certificate.
Mr. Lee asked if there were any plans to try and get in more members.
Mr. Martineau said that he has some things in progress including trying to bring in the current Afghanistan vets. He said it has actually been better since they have stopped the smoking.
Mr. Casey motioned to approve
Mr. Lee seconded. All in favor. Motion carries.
Vote: Vote of the Licensing Board to renew 2012 Licenses in the following categories:
Liquor Licenses and Seasonal Liquor Licenses
Common Victualler’s
Auto Dealers – Class I, II and III
Entertainment
Sunday Entertainment
Automatic Amusements
Lodging Houses and Inn holders
Mr. Lee motioned to approve.
Mr. Casey seconded. All in favor. Motion carries.
Discussion: Conversion fees for ALL Alcohol Liquor Licenses.
Present: Rinus Oosthoek, Valerie Bettencourt, Diane Wolfe, Antonio Bettencourt and Mr.&Mrs.Nualpring and their son from Thai Hut.
Mr. St. Pierre said that at the LB meeting a couple a weeks ago conversion fees for B&W licenses were discussed and tonight the issue is conversion fees for the All Alcohol Licenses.
Rinus said that the LB’s decision on the B&W conversion fee was very well received.
Mr. St. Pierre said he had a discussion with Ms. Rennard.
Ms. Rennard said that there maybe somewhat of an issue with legal restrictions on these licenses regarding movement of them. She said that once the conversion is done if the license is sold it has to stay at that address. The three included in the conversion do not own the property they lease. There is an argument that there is a benefit to the landlord. She said she received an e-mail from attorney Correnti on this matter. She said the e-mail included the issue of the Home rules that were granted for zero dollars in the past. She said there is a timing of the conversions as well because a licensee cannot have two licenses at one address for those that hold a seasonal as well as an annual.
Mr. St. Pierre asked what would happen if one of the licensees were to break their lease.
Ms. Rennard said it could still be sold as an asset.
Mr. Bettencourt said if the Landlord knows how the process work e could make it un-rentable or if there was ever a fire it could hold up the license because it would be tied to that address.
Mr. St. Pierre said the LB talked about discounting the All Alcohol by 25% as well.
Mr. Bettencourt said that there is the issue of having a license that is so heavily restricted and what it is really worth.
Mr. St. Pierre said that no one is under the gun with time limits for now.
Mr. Bettencourt said for what they loose during the weeks of no alcohol it may not be worth it and that he may hold out of converting.
Ms. Nualpring and her son spoke about the fact that they have a tough landlord. They said that if they have to be sure they are staying for a while in the same location because if the landlord was to raise the rent to an unbearable amount they would be out of a license.
Ms. Rennard asked the LB if they could offer assurance that if anyone chose not to participate in the conversion that the LB would still renew their annual as well as their seasonal license.
Ms. Wolfe said she know the council spoke about only giving a Seasonal license to a business that is truly seasonal.
Mr. Casey said that would not happen and that these licensees have the LB assurance. He said the fee for an All Alcohol conversion that the LB discussed was 35,000.00 but that number is not set in stone and all the Board members agreed that it was not a set amount.
Mr. St. Pierre said he would like a motion to take this matter under advisement for now and maybe gather something in writing from the businesses.
Mr. Casey motioned to table this topic for the time being.
Mr. Lee seconded. All in favor. Motion carries.
Commun-
ications: Letter from Chief Tucker regarding Lt. Ouellette discussed at opening of the meeting.
Old/New:
Business: E-mail from the Exchange on Congress informing the LB that they are still closed.
Approved: Meeting Minutes from October 24, 2011.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Adjourn-
ment: Mr. Lee motioned to adjourn
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: November 23, 2011
Approved:
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