Meeting: Salem Licensing Board held Monday February 23, 2009 at 6:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey, Rick Lee and Melissa Pagliaro, Clerk. Absent was Lt. Ouellette.
Approved: Application for Class I License. Applicant: Paul Sudenfield d/b/a/ Tomosscooter, 462 Highland Ave.
Mr. Sudenfield said that he previously came before the Board to get approval but was told he had to go to zoning and was to come back when that was all set.
Mr. Shea asked if that was all set now.
Mr. Sudenfiled said that it was and that there was a letter from zoning with the application.
Mr. Shea asked Mr. Sudenfield to refresh the Board’s memory as to his plan.
Mr. Sudenfield said that he has thought about selling these scooters for a few years now. He said that he is seeing a bigger interest in them now. He said that anything over 49cc requires him to get a License so that is why he is here.
Mr. Shea asked if he had any other Class License.
Mr. Sudenfield said he had no other License. He provided the Board with a brochure of the scooters to look at.
Mr. Casey asked him how many new or used scooters he might have.
Mr. Sudenfiedl thought maybe 50 then asked for a total of 65.
Mr. Shea asked Mr. Sudenfield to point out area on the plot plan where the scooters would be.
Mr. Sudenfield said that the only place they can go is out in the front of the building.
Mr. Casey made a motion to approve the application for a Class I with up to 40 on the exterior and up to 25 on the interior for a total of 65 motorcycles and or motor scooters. Vehicles are not to obstruct the sidewalk on Highland Ave.
Mr. Casey motioned to approve.
Mr. Lee seconded.
Postponed: Discussion with In a Pig’s Eye. Moved until March 9, 2009
No Show: Discussion with Spirit’s @ 300 Derby Street. Board instructed Ms. Pagliaro to call them in for a Hearing on March 9, 2009.
Hold: ADM Auto Sales, Inc. Present: Attorney Stephen Kiley.
Attorney Kiley stated that Yeidy Gonzalez resigned as head of the corporation in 2007.
Mr. Shea said that he and Attorney Kiley agreed to hold off on this application until the appropriate investigation on Mr. Lopez and Mr. Dume, the two new heads of the corporation were complete.
Mr. Shea said he did not know if the Board would be able to issue a new License.
Hearing: Brisas del Caribe 101 Lafayette Street. Present: Rosa Hernandez, owner and Adrian Arias.
The Board reviewed all of the paperwork and correspondence from the Building Department and Fire Prevention.
Mr. Shea said this was a Hearing and asked Ms. Hernandez if she received a copy of the report from Building and Fire.
Mr. Arias said that they were given copied by both departments.
Mr. Shea said that these violations were serious. He said that the Board cannot let them operate in an unsafe manner. He said that the Board is inclined to close them until these violations are fixed unless Mr. Arias can give them good reason why they should not.
Mr. Arias said that when Mr. Paquin (Building Inspector) left on the day of the inspection he told him to call him when everything was done so he could re-inspect. He said he has called the cleaning company and the fire company and they are going to call him tomorrow (2/24) with a date that they can come in.
Mr. Shea asked him about the other items.
Mr. Arias said maybe they would be fixed this week.
Mr. Casey said that people should not be in the establishment.
Mr. Arias said it is a money issue.
Mr. Shea said that it is a public safety issue. He said that he has had two weeks to work on this since the last meeting and time before the inspection was done to try and get some of this stuff in order for the expected inspection.
Mr. Arias said he did not know.
Mr. Shea said, respectfully, that he should have known. That he should know what the rules and regulations are, and that he was informed of these issues two weeks ago and still nothing is corrected. He said the Board has given Ms. Hernandez two weeks to try and attempt to address these issues and to date there is no specific information on when any of this will be taken care of.
Mr. Casey said that the Board has responsibility for public safety. If something happens in there that results in death or fire, the Board and the City would be responsible. He said that this Board cannot allow that.
Mr. Shea told Mr. Arias to get the dates tomorrow and get that information to the Building and Fire Preventions Departments. He said that Ms. Pagliaro would call both departments tomorrow morning to let then know that the License had been suspended. Once you provide them with information that satisfies them then they can let Ms. Pagliaro know and she can release the License back to you. You must bring your License into Ms. Pagliaro in the morning.
Mr. Lee said the Board has given them two weeks to attempt to address these issues but they cannot allow anymore time.
Mr. Shea said he gives authorization to Ms. Pagliaro to give the License back once Building and Fire approve it so Ms. Hernandez does not have to wait for another meeting date.
Mr. Lee motioned to suspend the License at Brisas del Caribe until Fire Prevention and the Building Department, together, notifies the Licensing Board that ownership has complied and rectified the violations. Upon notice from these to departments Ms. Pagliaro can release the License back to owner.
Mr. Casey seconded.
Mr. Casey also stressed that they cannot be open and if they do they can lose their license.
Approved: Adoption of Adult Entertainment Regulations.
Mr. Shea said that these regulations were by a combination of Beth Rennard, City Solicitor, the City Council and the Licensing Board along with the publics input. He said the LB held a hearing and then kept the meeting open for two weeks to receive any further public comments. After that two week period at the next LB meeting the Public Hearing was officially closed. The requested changes have been made by the City Solicitor in preparation of adopting the Regulations.
Mr. Lee motioned to adopt the new regulations in regards to Adult Entertainment.
Mr. Casey seconded.
* Letter from Jon Skerry in regards to the vendor he is representing to collect a debt from Brisas del Caribe. He says the corporate name is different.
Mr. Lee motioned to table this matter.
Mr. Casey seconded.
* Letter from Tom Daniels in regards to signage at 300 Derby Street that need to be removed. They were scheduled to come into the Hearing tonight for a discussion but no one showed up so they will be called in for a Hearing on March 9, 2009 at which time this sign issue will be discussed as well.
Mr. Shea asked Ms. Pagliaro to ask Mr. Daniels if he has any further information about this issue and to invite him to the meeting also.
Business: Mr. Lee read a report about several Liquor Stores and Convenience stores that sell beer & wine that he and Lt. Ouellette went out to inspect. Mr. Lee gave Ms. Pagliaro a copy of the report to file and to start a new binder for that will be labeled Investigations by the Licensing Board. He also mentioned that Mr. Le at New Market gave them a bunch of False ID’s that he confiscated.
Mr. Shea asked Ms. Pagliaro to draft a letter to Mr. Le at New Market commending him on behalf of his aggressiveness in identifying false ID’s.
Mr. Shea and Ms. Pagliaro will shred the confiscated fake ID’s after the meeting.
Approved: Minutes from February 9, 2009 meeting
Mr. Casey motioned to adjourn.
Mr. Lee seconded.
Clerk of the Board
Submitted: February 25, 2009
Approved: March 9, 2009