Meeting: Salem Licensing Board was held Monday, May 14, 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.
Mr. St. Pierre began by saying that there was no discussion for Tavern on the Square tonight. He said there would be a special meeting held on May 31st at 5pm.
Approved: Application for one Day Liquor License. Applicant: B & S Fitness. Present: Ashley Steeves.
Ms. Steeves said this is for a post party at Winter Island for the 2nd Annual Extreme Urban Challenge. She said it will be a BBQ and beer serving.
Mr. .Casey asked if she has secured insurance and a police detail for the event.
Ms. Steeves said that she has North Shore Bartending serving but that no alcohol is being sold.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for One Day Entertainment License. Applicant: Red Herring Dance Group. Present: Shirley Dulce.
Mr. Casey asked about the entertainment.
Shirley said that it will be about 50 or 60 dancers broken up into groups of 8 and they would like to dance in areas around the mall but mainly at the large Essex St. fountain.
Mr. Casey asked if they would be asking for donations of any kind.
Shirley said that they would not be and that do not solicit money at all.
Mr. Casey said there is no amplification allowed and asked if was the groups first time here.
Shirley said it was not and that she cannot remember which Board she came to for approval.
Mr. Casey motioned to approve restricting the area to the large fountain on the Ped Mall
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for One Day Entertainment License. Applicant: Salem Chamber of Commerce. Present: Rinus Oosthoek.
Mr. Oosthoek said that this is for the 5th Annual Living Green Fair. He said it will be the same as last year. He said there will be plants for sale in and around Old Town hall and the green car outside. He said the event will be from 10am-3pm on May 19.
Mr. Casey suggested that he touch base with Julie Rose regarding recycling for the event and asked if there were going to be vendors.
Mr. Oosthoek said there would not be any vendors.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
***Mr. St. Pierre said that the next application to be heard are some Fortunetelling Applications and these will all be contingent upon CORI’s being returned from the State as the system is currently down.
Approved: Application for sub-licensee Fortunetelling License for The Broom Closet. . Applicant: Mary D’Alba. Present: Rick Watson for Jeannie Garraham, owner.
Mr. Casey asked if this was a new reader or a renewal of one and what Ms. D’Alba’s specialty is.
Mr. Watson said it is a new reader at this store and that she does Reiki, hypnotherapy tarot, palmistry and heads a spiritualist church as well as other things.
Mr. Casey asked if the store met the 75% metaphysical criteria.
Mr. Watson said 100%.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application to renew a Store Fortunetelling License and to renew a sub licensee, Leann Marama and add a new sub licensee, Gail Frye. Applicant: OMEN. Present: Tim Reagan, Manager.
Mr. Casey motioned to approve the application for the renewal of Ms. Marama, the application for Ms. Frye and the Store renewal for OMEN.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a sub licensee Fortunetelling License for Artemisia Botanicals. Applicant: Patricia Nelson. Present: Teri Calgren, owner and Patricia Nelson.
Ms. Nelson said that she is a certified reiki teacher, a trans-medium and a card reader.
Mr. Casey asked who certified her.
Ms. Nelson said it depends on where you go to study.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for Orange Leaf Frozen Yogurt.
Mr. Pierre said that this application was already approved but there was a misunderstanding with the advertising and he did not advertise properly last time.
He has done so correctly now and notified abutters.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Application for a Common Victualler’s License. Applicant: Omega Pizza, Loring Ave. Present: John Cahill.
Mr. Cahill said he is here because they have purchased the OMEGA pizza on Loring Ave.
Mr. Casey asked the name was changing.
Mr. Cahill said no it would stay the same.
Mr. Cahill said he would like to have hours 7 days a week from 11am-11pm not tat he may not close earlier.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. Casey motioned to approve the Entertainment License for a tv, cd, ipod and radio.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Discussion: NO SHOW – Witch City Auto regarding a Class II License.
Approved: Application for an Alteration of Premise. Applicant: Gulu Gulu Café, 247 Essex Street. Present: Steve and Allison Feldman.
Mr. Feldman said that he had taken over the space that used to be Upper Crust. He said he plan to extend his liquor license and keep pizza on that side of the restaurant.
Mr. Casey said that it will most likely be inspected by the state.
Mr. Feldman said that Laura Walton Potter would remain manager.
Mr. Casey said the manager has to be there at least 40 hours a week.
Mr. Feldman said she does more that 40 hours.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
From the audience, Councilor McCarthy asked if the Upper Crust License was gone.
Ms. Rennard said that it was because it was a Home rule License but it can be resurrected at a later time.
Denied: Application for a Seasonal All Alcohol License. Applicant: Matters Restaurant Group, 72 Wharf Street. Present: Matt Mattera and Justin Mattera.
Matt said that he is the owner and that Justin is in charge of kitchen operations. He said that he has recently expanded in to the empty units behind him. He showed the Board a proposed layout and a new menu.
Mr. Casey asked if they have already started construction.
Matt said he hasn’t yet because she was waiting for approval on the Seasonal License.
Mr. St. Pierre said they were looking for an All Alcohol Seasonal.
Matt said yes.
Justin said that the Board of Trustees for Pickering Wharf supports them having a license
Mr. St. Pierre asked about al fresco dining.
Justin said that the Board did not want alcohol outside so there would be no alcohol on the patio.
Mr. St. Pierre said to be truthful he is a bit concerned with starting off with an All Alcohol License.
Matt said he just figured he would try for it.
Mr. St. Pierre said there are already four other establishments serving alcohol in the direct area.
Mr. Casey said to come back to the Board and reapply for a Seasonal Beer & Wine and that if that happens all the servers have to be TIPS certified.
Mr. St. Pierre said there is a special meeting on the 31st of May at 5pm if they want to try and advertise and make it to that meeting.
Justin asked if he and his brother could not be there if an attorney could represent them.
Mr. St. Pierre said yes.
From the audience, Eduardo Gonzalez asked if he could speak. Mr. Gonzalez said that he is a direct abutter. He passed out to the Board a packet he put together. The first page showed an aerial of Pickering Wharf and how the area would be affected by Mattera’s proposal. He said that he purchased his unit in 2008 and that there is no soundproofing. He said he has a one month old child and a 21 month old child. He said he is a very active member of the community and the VP of the Boys and Girls Club. He said he likes bars but does not want one downstairs from him. He said it upset him that he did not find out about any of this until the licensing process started. He said the proposed location of the bar would be directly underneath his living room. He also mentioned his issue with All Alcohol
for a Seasonal License seeing as the plan does not call for a full kitchen. He said that by the Mattera’s own admission they were just seeing how far they could go tonight. He said this is nothing personal but he would like to try and nip this process in the bud now. Part of the package he said was the redacted minutes from a Board meeting. He says it shows in black and white that the Mattera’s told Mr. Rocket that they were applying for a Beer & Wine license and that was just a week ago. He said he got a call today from the rep of the condo association saying they were applying for an All Alcohol. He said the trustees on the Board were all unaware. He also said that the value of his property has to be taken into consideration. He said that one other unit owner directly affected by this application is here.
Mr. Casey asked if any agreements have been reached about soundproofing yet.
Mr. Henry Spasinski said he is a condo association Board member for the last six years. He said they all thought this was a B&W application and even called former Board members to see what they though and they believed it to be the same. He said he though that even after conversations with Justin. He said he has the same concerns as Mr. Gonzalez. He said one other concern is that there is no ventilation system there. He said that in order to meet some of the menu items he has proposed there
needs to be venting. He said the area is already dense with liquor licenses.
Mr. Gonzalez said that he believed there is a difference in what the Landlord and the Board is informed on.
Mr. Casey said at this time he is going to motioned to DENY the application for a Seasonal All Alcohol License.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Justin asked what they can to make this happen.
Mr. Lee said he suggests that Mr. Mattera communicate directly with the abutters.
Mr. Casey stressed how important the soundproofing issue is.
Approved: Application for a Seasonal Beer & Wine License. Applicant: Lynde Street Café, 2 Lynde Street. Present: Panajot Ruci.
Mr. Casey said that he and Melissa and Beth met with Peter months ago to review the criteria for a Seasonal License when other licenses were available.
Mr. Ruci said that eh is extending his hours Thursday through Saturday until 9pm to include a dinner menu and that is why he is seeking a beer & wine license. He said he is adding some new food to the dinner menu along the lines of Greek cuisine. He said a lot of his customers ask for beer & wine.
Mr. Casey reminded him that he and all of the servers must be TIPS or equally certified and asked when he will be starting the extended menu.
Mr. Ruci said hopefully all of this will come together for this summer.
Mr. Casey motioned to approve the application contingent on Mr. Ruci getting the rest of the paperwork to Ms. Pagliaro.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Policy to adopt Lodging House Regulations.
Ms. Rennard said that the issue on Lodging Houses sort of came to a head back late last year with 179 Boston Street advertising as a sober house. Two deaths occurred late last year in a short period of time and as a result the City became aware of the limited regulations that there are to operate sober houses. The State asked the Dept of Public Health to review this issue and a report was prepared. It was reported that most municipalities cannot do much of anything to regulate a so called sober house. The report suggested using the rules and regulation already in place my most Health, Building and Fire Departments.
The Licensing Department has worked with all the above mentioned departments and looked at what other communities have to come up with some Lodging House regulations and adapt them to Salem. These requirements bring in annual training for owners and managers as well as ways to become a good neighbor and making them aware of their responsibilities.
Mr. Casey said that annual inspections of Lodging Houses begin tomorrow.
Mr. St. Pierre said with these inspections beginning there is a certain level of expediency here so that there are some sort of regulations to go by. He asked Ms. Rennard what happens if the LB adopts the regulations tonight and the Council has something they would like to see ad or changed.
Ms. Rennard said that the LB can hold off on voting or the Regulations can always be amended.
Mr. Lee said he felt as though these regulations are clear and concise.
Mr. Lee motioned to adopt the Lodging House Regulations for the City of Salem.
Mr. St. Pierre said all are in favor and the motion carries.
Approved: Policy for Street Performers.
Ms. Talkowsky said that she and Ms .Rennard and Ms. Pagliaro have been working together to try to get a policy in place for Street Performers.
She said the most significant changes are:
* limiting the number of licenses that are issued
*LB can add an additional 10 licenses in October if they so wish
*Applicants will have to submit some sort of sample off their via cd, dvd, video, tape, etc.
*Fees will be increased.
*Play dates will change a bit.
She spoke about some of the issues with street performers now.
Mr. St, Pierre agreed that as well as members of the Board members of the Licensing Department could be allowed to temporarily suspend licenses if there are issues.
Ms. Rennard said that with all of the changes coming to the pedestrian mall the redevelopment authority would also like to way in on the issue of Street Performers and vendors.
Mr. Casey motioned to approve the Street Performer Policy.
Mr. Lee seconded.
Mr. St. Pierre said all are in favor and the motion carries.
Commun-
ications: Letter from Sergeant Rocheville regarding noise complaints at Tavern in the Square.
The Board agreed to have a meeting on Thursday May 31, 2012 at 5pm and call the Tavern in the Square in for a discussion.
Old/New:
Business: *NEW
Mr. Casey said that he and Detective Baglioni went out on Used Car Dealers Inspections and that everything was in decent order and went well.
Approved: Minutes from 4/30/2012 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 23, 2012
Approved:
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