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February 27, 2012

Meeting:        Salem Licensing Board held Monday, February 27, 2012 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 Melissa Pagliaro, Clerk.
        
Approved:       Application for Renewal for a Store Fortunetelling License. Applicant: New England Magic. Present: Joanna Thomas, owner.                
        Ms. Thomas said she is just here to renew her license for the next two year period.
        Mr. Casey asked if she was at least 75% metaphysical as the City Council may soon be changing the ordinance.
        Ms. Thomas said she is a witch shop.
        Det. Baglioni said that he inspected her shop and she is 99.99 percent metaphysical.
        Mr. Casey motioned to approve.
        Mr. Lee seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Approved:       Application for one Day Liquor License. Applicant: Salem Boys and Girls Club. Present: Chris Coleman. Mr. Coleman said that Joanne Scott could not be present as she was home sick. He said that this is their largest fundraiser and this year they are going to hold it at the Club. He said that they have will sell 300 raffle tickets and this event raised money for their budget.
        Mr. Casey asked the price of admission.
        Mr. Coleman said it was $10.00.
        He said that the bartending will be provided by New England bartenders.
        Mr. Casey returned the check for $100.00 because they are a non profit organization.
        Mr. Lee asked if they have arranged for a police detail.
        Mr. Coleman said that they have.
        Mr. Casey motioned to approve.
        Mr. Lee seconded.
        Mr. St. Pierre said all are in favor. Motion carries.   
                
Approved:       Application for a Blanket vendors license and an entertainment license on Salem Common. Applicant: Don Arnell from Salem Lions for the 2nd Annual; Adelco Guide Dog Walk.
        Mr. Casey asked if he obtained Park & Rec approval.
        Mr. Arnell said he did and provided the LB with  a letter.
        Mr. Casey asked if they are having a police detail.
        Mr. Arnell said right now no because the whole event is inside the common.
        Mr. Casey asked how many people they expect.
        Mr. Arnell said about 250.
        Mr. Casey asked about the vendors.
        Mr. Arnell said there will be about a dozen of them and they will all be selling dog products.
        Mr. Lee said that he will need to provide a list of the names of the vendors and they will have to have a background check completed.
        Mr. Casey said the LB will waive the fee because they are a non profit. He asked Mr. Arnell what amount he would be charging vendors.
        Mr. Arnell said that the fee would be 75.oo if the vendor is not contributing anything to the event.
        Mr. Casey motioned to approve contingent upon Ms. Pagliaro receiving the list of vendors and the authorization from them to do a background check.
        Mr. Lee seconded.
        Mr. St. Pierre said all are in favor. Motion carries.
        
                                

Approved:       Application to for a Seasonal License to be transferred to an Annual Beer & Wine License under the Conversion Acts. Applicant: Coven. Present: Heidi Feinstein who will be applying for the license from Coven once the conversion is complete. Mr. Trezza, license holder could not be here due to family illness in New York.
        Ms. Feinstein said she eventually hopes to open an organic whole foods restaurant. She said she currently has one in Cambridge and one in Lowell.
        Mr. Casey motioned to approve.
        Mr. Lee seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Continued:      Application for Transfer of Wine & Malt Package Store license and Change of Location to HESS Gas Station from HIRA Corp, 183A Lafayette Street.
        Present: Cindy Lewis, proposed manager for HESS and RJ Bilodariya, owner, HIRA, Corp.
        Mr. Casey asked if Ms. Lewis would just be acting as the manager of the Salem store.
        Ms. Lewis said that she will manage the one on derby Street as well as some others in the area.
        Mr. Casey asked what safeguards they have r would have for selling alcohol.
        Ms. Lewis said that all employees that will work the counter will be TIPS trained and that HESS also has a web based training for employees. She sais HESS has stores with Liquor Licenses in the cape and in NH as well. She said there is already a video surveillance system in place.
        Mr. Casey asked if there would be any kind of build out.
        Ms. Lewis said no, that they will add two extra doors in the front and that is it.
        Mr. St. Pierre asked her to confirm that the primary business was a gas station.
        Mr. Casey asked what the price of the license sold for.
        Mr. Bilodariya said he believes $50,000.
        Mr. Casey said that amount is a new high.
        Mr. St. Pierre asked if anyone in the audience had anything to say about the application.
        Shirley Walker, owner of a unit a Derby Lofts, said that she was here to speak on behalf of several unit owners that could not be here because of timing issues. She said there are 54 residential; units across the street from HESS and they are already face with crime, drinking in public, attacks and fighting in the area. She had a news article from 2/23 where a woman was threatened by a man who was buying cigarettes at HESS for underage kids. She credited Murphy’s bouncers for calling police to that incident. She listed several package stores in the area that already exist and asked why there was a need for another one in the area. She also said that she spoke with the ABCC to see what they could do to appeal the application when the LLB approves it. She said the residents are seriously concerned.
        Ms. Lewis said they are not changing the store to a package store they will just no be offering beer & wine products.
        Mr. Casey said that after reviewing the paperwork the sale price is actually $55,000.
        Mr. Bilodariya said he was not sure because his lawyer drafted all the paperwork.
        Ms. Lewis said the store would close at 11pm every night as it does now.
        Mr. St. Pierre said he would like to speak to the City Solicitor about this application but unfortunately she is on vacation, he said he ‘d like to hold this until the next meeting when he has had a chance to speak to her.
        Mr. Lee motioned to continue this item until the next meeting on March 12, 2012.
        Mr. Casey seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Approved:       Application for a Common Victuallers License. Applicant: Orange Leaf Frozen Yogurt. Present: Mr. Pierre,owner.
        Mr. Pierre said that he and his wife Nancy opened a store last 4th of July weekend in Andover and it has been a great success. He said that they want to come to Salem now on the encouragement of friends who own a business here. He said he likes this business because there is no cooking, no grease, no chef, etc…He said that they are doing massive renovations to the space where the old Segway Company was on Lafayette Street.
        Mr. Lee said he loves the concept and wants to bring new business into downtown Salem as it seems to be becoming a mini Boston.
        Mr. Casey asked about the hours of operation and seating.
       Mr. Pierre said that he would like to open from 11am-10pm Mon – Thurs and 11am-11pm on Friday and Saturday and that his plans accommodate about 40.
        Mr. Casey said that the Building Inspector will issue the final seating count.
        Mr. Casey motioned to approve the Common Victuallers License.
        Mr. Lee seconded.
        Mr. Casey reviewed the entertainment application.
        Mr. Pierre said that he would like to have Comcast music and two TV’s for sporting events really.
        Mr. Casey motioned to approve.
        Mr. Lee seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Discussed:      Adopted 2009 Criteria for Seasonal Liquor Licenses.
        Mr. Lee said that the criteria were worked on for a long time and a lot of effort was put into it especially by Mr. Casey and they did this so the LB had something concrete. He said he does not see a problem with following the criteria.
        Mr. St. Pierre asked John to review the criteria.
        Mr. Casey said it is very true that the LB set the criteria word by word. He said the criteria was largely drawn up because the City Council would not approve any Home Rule applications and the LB would not approve any Seasonal applications if there were license that could be purchased in the City. He said that is the position we are in now…he said that there are lots of people seeking licenses but that there are 2 full, 1 home rule and a beer and wine available for purchase. He said this is being discussed now as the LB examines the criteria from time to time and the LB will adhere to the criteria.
        Mr. St. Pierre asked if both Mr. Lee and Mr. Casey we in favor of maintaining the criteria, they both said they were.
        Mr. Lee motioned to continue with using criteria and abiding for it word by word.
        Mr. Casey seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Commun-   
ications:       NONE

Old/New:        
Business:       OLD- NONE
        NEW:
        Det. Baglioni reported to the LB that he and Ms. Pagliaro have completed 95% of inspections of the stores and business that carry Fortunetelling licenses.

NEW:
        Detective Baglioni said that he and Ms. Pagliaro stopped at Alpha Auto on Bridge Street and the business is completely locked up and there are not any vehicles in the lot. They met with a man in the auto body shop out back who said he believed they have closed up the business. Mr. Baglioni requests the LB to call the owner of the license in for the next meeting to get an update on the status of the license.
        NEW:
        Det. Baglioni also requests that due to complaints from neighbors ho have submitted a petition and pictures, BP on Jackson Street should be called to discuss possible violations of their Auto Dealers License.

        Mr. Lee stated that when the weather is better him and the Detective will go out and do restaurant inspections.         

Approved:       Minutes from 2/13/2012 meeting.
        Mr. Lee motioned to approve.    
        Mr. Casey seconded.
        Mr. St. Pierre said all are in favor. Motion carries.

Adjourn-                
ment:   Mr. Lee motioned to adjourn.
        Mr. Casey seconded.


Respectfully Submitted,

Melissa Pagliaro
Clerk of the Board


Submitted: February 28, 2012
Approved:  March 12, 2012