Meeting: Salem Licensing Board was held Monday, April 30, 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. City Solicitor Elizabeth Rennard was also present.
Approved: Application for Alteration of Premises. Applicant: Kernwood Country Club, 1 Kernwood Street. Present: Attorney Jake Segal and Manager Timothy Lynch.
Mr. Segal said he represents the KKC. He said the yare applying for the expansion to include an outside area and want to be able to serve alcohol. He said it will be in the form of decks in the front and back of the club.
Mr. Casey asked how many additional seats this would be.
Mr. Segal said its approx. 2,000 sq ft so about 32 maybe a bit more.
Mr. Casey asked food would be served out there as well.
Mr. Segal said it would be.
Mr. Casey asked if there would be an additional bar outside.
Mr. Segal said there would not be.
Mr. Casey motioned to approve the extension of Premise.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for a sub licensee Fortuneteller’s License. Applicant: Therese Devoe for NuAeon. / Magic Parlor.
Ms. Devoe said she is no longer applying for a license for Nu Aeon just for Magic Parlor.
Mr. Casey asked her if she has read in Salem previously.
Ms. Devoe said she owned her own shop in Salem for 10 years.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for renewal of Store Fortunetelling License. Applicant: Bewitched. Present: Lynne Lazdowski.
Ms. Lazdowski said that her husband Bill has bee ill.
Mr. Casey asked how many years they have been in business already.
Ms. Lazdowski said this is 7 years.
Mr. Casey asked if they were aware of the new ordinance requiring business to be at 75% metaphysical in order to have a license.
Ms. Lazdowski said she knew about it.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for Individual Fortunetelling License. Applicant: Stasia Zimeris
Ms. Zimeris said she previously worked as a reader for Angel’s Landing.
Mr. Casey asked if she could provide proof of residency for 12 months in Salem.
Ms. Zimeris showed paystubs and tax forms.
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: Stuart Ginsberg.
Mr. Casey asked if he became a 5013C.
Mr. Ginsberg said he applied but was denied.
Mr. Casey asked him to tell about the event.
Mr. Ginsberg said that it was going to be held at St. Johns for anywhere from 300 – 900 people and that he has scheduled 2 police details for a children’s charity.
Mr. Lee asked if ALL of the servers would be TIPS certified.
Mr. Ginsberg said everyone will be.
Mr. lee asked where they will serve.
Mr. Ginsberg said inside the hall.
Mr. Casey motioned to approve, pending the receipt of the insurance rider, detail verification and verification that the servers will be TIPS certified and payment.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for Change of DBA, officers and directors and stock/shareholders and new manager.
Applicant: 43 Church. Present: Attorney George Atkins and Tim Dodge, the proposed new manager.
Mr. Atkins said that his clients apologize for the delay that they got so busy with everything else that was happening that they forgot to come to the Local Board and the ABCC. He said that the new manager has 20 years of restaurant experience. He said that there is a change in stockholders and officers and directors as well as the d/b/a/ change from The Lyceum to 43 Church.
Mr. Casey asked if Mr. Dodge was TIPS certified.
Mr. Dodge said that he was and that all his employees would be as well.
Mr. Casey asked him if he knew that as Manager he had to be on the premise for at last 40 hrs a week.
Mr. Dodge said he knew that.
Mr. Casey motioned to approve all four requests.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for a Common Victuallers License and a Transfer of a Beer & Wine license currently in the name of Coven. Applicant: Life Alive Urban Oasis &Organic Café. Present: Attorney Atkins and Heidi Feinstein, owner.
Mr. St. Pierre sad that there were some letters and concerns from abutters and that some of these issues he thinks were already worked out when the business ran as Coven.
Ms. Feinstein started by saying that she has had a shop in Lowell for 9 years and a shop in Cambridge for two years. She said her business is organic wellness and healthy meals and she is thrilled to be coming to Salem. She said that her other business are both mixed use buildings and she has become a respite and resource to those abutters.
Mr. Atkins said he knows that some of the complaints had to do with the construction going on and that workers were smoking and staring work early. He said there will not be any smoking for patrons or employees once the building opens. He said another issue is that the building has unusual features in that the hallway for the bathrooms is shared by the business and an entry way to the residential units. He agreed that both parties need some security. He said that they have spoken with the building manager to try and work something out like maybe a keypad system. He said it is a complex issue but it will be addressed. He said another issue raised was deliveries. He said there is only one supplier that will need to use rear or side entries
on Saturdays.
Ms. Feinstein said she uses a unique distributor where all of her food is organic but that she will use front entrance for all other deliveries between 6:30 and 7am because that is the only time they can deliver. She also said that there will be 12 -15 people there at a time and there will be 30 people there total. She said someone will always be there when deliveries are made.
Mr. Atkins said the hours will be from 8am-10pm Monday through Saturday and 11am-7pm. on Sundays. He said there will be staff there as early as 6am for prep work and as late as 12am for after hours cleaning.
Mr. Casey asked if all servers would be TIPS certified.
Ms. Feinstein said that they would all be TIPS and serv-safe certified. She also provided the LB with 45 letters of support for her business, along with the notice of mailing to abutters and a menu.
Mr. Casey asked if she was changing the signage.
Ms. Feinstein said that she was and that she received her approval and she would email it to Ms. Pagliaro.
Mr. Casey motioned to approve the Common Victuallers application contingent upon getting a menu for the Salem store and a floor plan.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Mr. Casey motioned to approve the Transfer of the B&W license with the following conditions: All servers must be TIPS certified, an agreement between both parties for the bathroom accessibility, no smoking in building, deliveries only a stated earlier, no construction before 8am, no trash disposal before 7am.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Rob Polansky who works for the condo association asked to speak. He said the Board asked him to present their side to the Licensing Board. He said that the building is a substantial mixed use building with 20 condos valued at around 260,000-285,000 each. He said that as is states in their letters there are concerns. He said as the property manager he gets the complaints and he wants to know that if there are issues that he can come back to the Board.
Mr. St. Pierre said that he can always come back if issues are not resolved.
Mr. Casey noted that there were not any complaints when Coven was open.
Mr. Lee asked if Mr. Polansky and Ms. Feinstein had each others numbers.
Mr. Polansky said they do and they want Heidi there and for all involved to be happy but he wants whatever issues there are to be resolved.
Mr. Casey read the Application for Entertainment for music at conversation level through stereo speakers.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Approved: Management agreement as requested by the ABCC to complete Transfer Application. Applicant: Present: Arthur Beradino, applicant and building owner, Joseph Costanzo, proposed manager and Attorney Troy.
Mr. Troy said that the ABCC notified them that there was an issue with the application and that they need to have a management agreement approved by the Local Board. He said that they have an agreement typed up naming Mr. Costanzo as the Manager and person who will be running business.
Mr. Casey motioned to approve Management agreement and to send it to ABCC
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application for Transfer of an Annual Beer & Wine License. Applicant: Mandee’s Pizza. Present: John Theo and Attorney Robert LeDuc.
Mr. LeDuc said he represents Mr. Theo and that Mandee’s has been around for a long time and runs a good business. He said the seating are is small with 5 tables and that the staff will all be certified. He said the license belonged to the former Lakay Island Restaurant in the Essex St. Mall and there is an agreement between John and Vlad Lassage for the transfer of the license.
Mr. Casey said that all servers will need to be TIPS certified and asked if he would have a bar area.
Mr. Theo said no table service only.
Mr. Casey asked about the hours.
Mr. Theo said the hours would be 11am – 11pm 7 days a week.
Mr. Casey said there is still some paperwork that needs to be submitted so the approval will be contingent upon getting that in.
Det. Baglioni said that the closet restaurant to Mandee’s that sells alcohol of any kind is 2/3 of a mile away.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Approved: Application to Transfer an Annual All Alcohol License and to Transfer the location of the same license. Applicant: Village Tavern Salem, Inc. d/b/a Village Tavern. Applicant: Alexander Ingemi. Present: Alexander Ingemi and Arthur Ingemi and Bob Kuzara for Dodge Street.
Mr. Kuzara said he is there to represent FPPR, Inc., Frank Presutti the current license holder for Dodge Street and said that he agreed to hold off until tomorrow for Mr. Ingemi to deposit money into an escrow account.
Mr. Casey asked what the purchase price was.
Mr. Kuzara said $60,000.00
Ms. Rennard said that she spoke with Mr. Kuzara and Mr. Presutti today and that they have not received any money as of yet and if the Board could make the Transfer contingent upon him getting his money by the close of the day tomorrow.
Mr. Casey asked about the restaurant concept.
Arthur Ingemi said that it will be going in the former Asahi spot. He said that location has a history of food service and he plans on having a full scale restaurant and it will serve American fare, including steaks, burgers and comfort food and they plan on a raw bar as well. He said they are working on handicap restrooms and opening up the bar a bit.
Mr. Casey asked if there would be a build out.
Arthur said not really that everything is pretty much there although there will be some interior changes.
Mr. Casey asked when he would like to open.
Arthur said hopefully July.
Mr. Casey read from the Entertainment Application. He said that they are requesting a DJ, live entertainment, 2-3 piece band. He said tonight will just be for the approval of the Transfer.
Mr. Casey motioned to transfer the License with a Pledge to the City of Salem in the amount of $50,000.00
Mr. Lee seconded.
Ms. Rennard asked if there would be handicap accessible seating in all of the dining areas.
Arthur said there would be.
Approved: Store Fortunetelling License Renewal and sub licensee renewal. Applicant: Nu Aeon. Present: Amy Ravich, owner and Richard Ravich, sub licensee.
Mr. Casey asked Ms. Ravich if her store was 75% or more metaphysical.
Mr. Ravich said it is 100%.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. Casey said that Mr. Ravich’s was a renewal on a sub licensee.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor. Motion carries.
Discussion: Ms. Rennard said that she, Ms. Pagliaro and Ellen Talkowsky, special events coordinator, have been working on policies for Street Performers. She said that hopefully this will make it more manageable. She said that Tom Daniels in Planning also has some input because the ped mall will be redesigned shortly. She said some of the changed that are being looked at is capping the number of licenses issued, changing the application to include demos, and increasing the fees. She a draft policy will come to the Board in the May 14th meeting.
Mr. St. Pierre said to take as much time as needed.
Discussion: The Board discusses the next couple of months meeting dates. Usually there are no meetings held June through August. The Board decided that it would meet for just one meeting in May on May 14th, one meeting in June on June 11 and one meeting in July on July 9th. They Board agreed that if there was a need for Special Scheduled meeting they could hold one.
Mr. Lee motioned to approve the schedule.
Mr. Casey seconded.
Commun-
ications: Letters regarding Hilltop Manor.
Mr. St. Pierre said the letter would be read and filed and taken under advisement.
Old/New:
Business: OLD: Discussion regarding police patrol for the Peabody Street Park concert series submitted by Frank Taromina from the Planning Department.
Det. Baglioni said that he spoke with the Chief and the Mayor and it was agreed that they would have extra police patrol and that they would see what if any issues there are from there.
OLD: Schedule of Lodging House inspections. Det. Baglioni said that he would not be able to go on all of them but that he would go on the ones he could.
Mr. Casey asked if we would wait to do inspection until the City passes the Lodging house policies.
Approved: Minutes from 3/26/2012 meeting.
Mr. Lee motioned to approve.
Mr. Casey seconded.
Mr. St. Pierre said all are in favor and the motion carried.
Adjourn-
ment: Mr. Lee motioned to adjourn.
Mr. Casey seconded.
Respectfully Submitted,
Melissa Pagliaro
Clerk of the Board
Submitted: May 4, 2012
Approved: May 14, 2012
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