Meeting: Salem Licensing Board held Monday June 8, 2009 at 7:00 in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey and Rick Lee, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk.
Approved: 8 One Day Liquor Licenses. Applicant: House of the Seven Gables. Present: Heidi Webb
Mr. Shea asked if Ms. Webb has reached her limit of 30 One Day Licenses.
Ms. Webb said she has not
Mr. Casey read the events for the Board.
June 10 35 people 6-8pm Garden party
June 20 150 people 5-10pm Wedding
June 24 300 people 6-9pm Employee Recognition Reception
June 26 100 people 5-10pm Wedding
July 5 50 people 5-10pm Wedding
July 11 50 people 4-9pm Wedding
July 18 75 people 5-10pm Wedding
August 8 125 people 5-10pm Wedding
Mr. Shea said the fee would be waived for the Garden Party and North Shore Physicians Group because they are non-profit.
Mr. Lee motioned to approve all applications with detail officers and insurance certificates submitted to the Licensing Office.
Mr. Casey seconded
Approved: Application for a Street Performers Application. Applicant: Brian Serfes.
Mr. Shea asked Mr. Serfes what he performs.
Mr. Serfes said he does spray paint art on poster board.
Mr. Shea asked if Mr. Serfes had any work with him.
Mr. Serfes showed the Board several paintings.
Mr. Shea asked what else the performance will consist of and if Mr. Serfes lives in Salem.
Mr. Serfes said he does live in Salem and that he volunteers as an art teacher at the Boys and Girls Club.
Mr. Shea said this is unique to Street performing and asked what the value of doing this is.
Mr. Serfes said that he wants people to have art work they can appreciate without the cost.
Mr. Shea said that Street Performing is typically performing art.
Mr. Serfes said that watching him do a painting is quite amazing. He said he can create a piece in minutes.
Mr. Casey motioned to approve the License for one month and if there are no problems it will continue until March 31, 2010, hours until 8pm and he suggested Mr. Serfes putting a hat out for tips.
Mr. Lee seconded
Approved: Application for a Store Fortunetelling License. Applicant: Donna Caramello, for A Sacred Place.
Mr. Casey said he and Lt. Ouellette said they spoke with Donna before the meeting. He asked Ms. Caramello to explain her application to the Board.
Ms. Caramello said that she is taking over the space inside the Museum Place Mall that is now Acupuncture Solutions. She said there are 4 rooms in that space and she will be renting out 3 of them and using one to do her readings.
Mr. Shea asked what a “life reading” is.
Ms. Caramello said that it talks about the goings on in a person’s life.
Mr. Shea asked what her experience was.
Ms Caramello said that she has 37 years of experience.
Mr. Shea informed her that she can have other readers is she wants with a total of 5.
Mr. Lee motioned to approve pending a BOP form being submitted.
Mr. Casey seconded
Approved: Application for a Street Performers License. Applicant: Greg Gallo.
Mr. Shea asked if Mr. Gallo has ever had a license before.
Mr. Gallo said that he has not. He said he performs classical and jazz on his guitar. He said he also plays in A Pig’s Eye. He said that he has played professionally since he was 14 and he is now 44. He said he plays by the PEM. He said he has a battery operated amplifier that is very small and very low. He said the days during the week he would play vary but that it would be mostly weekends.
Mr. Casey said the hours are between 10am and 8pm.
Lt. Ouellette said the BOP was fine.
Mr. Lee motioned to approve
Mr. Casey seconded
Approved: Application for One Day Liquor License at 26 Winter St. Applicant: Historic Salem. Present: Richard Thompson.
Mr. Thompson said that this is for a fundraiser hosted by Neil and Martha Chaette to raise money to renovate the Bowditch House.
Mr. Shea asked if they were charging for the event.
Mr. Thompson said that they were.
Mr. Shea asked how many people there would be.
Mr. Thompson said between 100 and 115. He said some people could possibly be out in back courtyard. He said there will be a detail officer present and he has a Certificate of Insurance.
Mr. Lee motioned to accept
Mr. Casey seconded
Approved: Blanket Vendor License for Street Fair on August 8 & 9. Applicant: Salem Chamber of Commerce. Applicant: Rinus Oosthoek.
Mr. Oosthoek said that everything is in order to do exactly what they did last year and they will be doing the CORI checks.
Mr. Lee asked how many vendors there would be.
Mr. Oosthoek said no more than 65.
Mr. Shea asked if all the vendors would be on Essex Street.
Mr. Oosthoek said yes all the way down to Hawthorne Blvd.
Mr. Lee motioned to approve 65 vendors for the Essex St. Fair on August 8 & 9, 2009
Mr. Casey seconded
Approved: One Day Liquor License. Applicant: Witches Cup Bike Race. Applicant: Dan Schuman. Present: Dan Schuman and Dave Greenway.
Mr. Shea asked for a narrative of the event and asked Mr. Shuman to address how they will handle over serving and serving to minors.
Mr. Schuman said this is the 3rd year for this event and that they need to bring in sponsors and would like to have a beer tent.
Mr. Shea asked who the sponsor is for the beer tent.
Mr. Schuman said that it will be Wachusett Brewing. He said they will provide either 10 or 12 ounce cups and TIPS trained servers. He said they will also be issuing wristbands and checking ID’s and there will be police details present.
Mr. Shea asked who would be issuing wristbands.
Mr. Schuman said the volunteer coordinator.
Mr. Shea said he wants a list of the TIPS trained servers and wanted to know if the wristbands could be given to minors.
Mr. Greenway said that they were looking to use the kind of bands at hospitals that once it comes off it cannot go back on and then they person would have to show ID again.
Mr. Shea said if this is approved it would be contingent upon seeing one of the wristbands.
Mr. Schuman said that sponsors would get free beer tickets but that ID’s would still be checked. He said he would like to have the tent open form 3:30 pm until 8pm because the race is from 4pm-8pm.
Mr. Casey asked if 1 ticket was equal to 1 drink.
Mr. Schuman said that it was.
Mr. Casey suggested setting limit on number of drinks per person.
Mr. Schuman said that the Uppercrust would also like to be there to serve pizza and soda. He said that one half of the proceeds will be donated to the Commons park fund.
Mr. Casey asked about past sponsors.
Mr. Schuman said they have been local restaurants.
Mr. Greenway said he handles the Marketing and that the race is a great event but that it cost money to run, He said the last couple of years they have had a loss. He said the beer tent was a way to raise cash and give something back to sponsors and money back to the City.
Mr. Shea asked Mr. Schuman to talk about the police detail.
Mr. Schuman said that in the past there have been around 25 police officers for the event. He said it depends on what this Board will require him to have.
Mr. Shea asked if he actually sat down in a meeting with the police to discuss this in detail.
Mr. Schuman said he was waiting for this meeting but he will be if the application is approved tonight.
Mr. Shea said that there should be an officer at the point of entry and at least one inside the drinking area for the duration.
Mr. Lee said there should be 1 or 2 officers as well just patrolling the drinking area.
Mr. Shea said he is comfortable with one at entry, one inside tent and one outside tent for a total of three uniformed Salem Police Officers.
Mr. Shea asked how many servers there would be.
Mr. Schuman said between 2 and 4.
Mr. Shea said he would like the names of all TIPS servers and a definite number of servers before the event.
Mr. Shea asked if anyone would like to speak to this matter.
From the public gallery:
*Councilor Sosnowski said that he is in favor of the bike race and thinks it is a great event. He said there is some gray area about where the authority lies as to who grants what when it comes to the common. He said he is opposed to any alcohol on the common whatsoever. He said years ago the Council opened up the flood gates with the issuing of Home Rule Petition Licenses and he feels as though this will have the same effect with Liquor Licenses. He said he is concerned about the precedent this will be setting. He said he is also concerned for the neighbors and having issued like people urinating in their backyards.
*Michael Coleman, neighbor, 12 Burns Street and President of the Common Neighborhood Association.
He said he has been before several Boards on events and that no other event on the Common has had alcohol. He said that this will set a precedent.
*Lynn Murray, neighbor, 21 Williams Street.
Ms. Murray said that she is also concerned that this will be setting a precedent. She said she is concerned that at Halloween time, Fiesta Shows will be applying to sell alcohol on the Common. She said that Halloween has been a nightmare for the resident s of the Common neighborhood and she does not agree with having any alcohol on the Common.
*Mr. Curtain, member of the Park and Recreation Commission.
Mr. Curtain said that in 1998 restrictions were set for the Common denying alcohol. He said in 2003 when the process permanently went to the Park/Rec Commission some of the restrictions were left out. He said that may have been an oversight or a clerical error. He said he does not feel as though there should be any alcohol on the Common.
Mr. Shea asked him why not.
Mr. Curtain said that it is a City park and that alcohol has always been prohibited on the Common. He said it is a setting a dangerous precedent.
*Jen Reardon, owner of In a Pig’s Eye, Derby Street.
Ms, Reardon said she agrees that it is setting a precedent but this event will not be a free for all. She said it will be in a well controlled environment and that they should be given a chance. She also said that there is no comparison to the Fiesta Shows. She said that Dan is a local businessman that gives and invests in the community.
*Robert Callahan, 8 Stearns Place.
Mr. Callahan agreed that Dan is a local business owner in the City and should have the chance for this event. He said the event is very popular and that there will be an abundant number of police officers present. He said that the approval of the Liquor licenses is a LB function not the Park and Rec. He said that alcohol is indeed allowed at other parks in the City, such as Winter Island, Forest River and the Golf Course. He said that the Common is a wide open public area. He said in the future the LB reserves the right to look at each individual application and does not have to approve it.
*Councilor O’Keefe, Surrey Road, Ward 7 Councilor.
Councilor O’Keefe said that he used to live in the Common neighborhood and that he disagrees with alcohol on the Common. He said there has never been alcohol on the common and that the Common holds historic interest in out City. He said that the Board should listen to all the concerns and he respectfully requests that the Board dent this application. He said that he also agrees that the bike race itself is a great event. He said that he and the some other Councilor will be discussing the Ordinance and that if the LB approves this and they can locate the Ordinance the decision could be null & void.
*Mary Ann Curtain, neighbor.
Ms. Curtain said that she agrees with Councilor O’Keefe and Sosnowski. She said that alcohol is detrimental to the common. She said that she also thinks the bike race is great event but the Common land is fragile and that the Common fence is fragile. She said that when there are those many people under the influence people do unpleasant things.
Mr. Shea said that he has heard stories about what happens around Halloween but he finds it hard to make a connection that and this event.
Mr. Schuman said that there will be 300-400 people possibly drinking.
Councilor Sosnowski said that was not the number given at the City Council meeting, that it was much higher. He said that there is a concern for damage to the common and damage the surroundings property.
Mr. Shea said he is inclined at this point to support the application for several reasons. He said that he did check with the City Solicitor and that there is no gray area for the LB. He said it sounds like the gray area is in respect to the use of the common and that is not for the LB to take up. He said this event went before other Boards and was approved. He said he sees the need to have sponsorships because these event s cost money.
Mr. Casey said that he agrees the race is a great even t but that he agrees with Councilor O’Keefe and Sosnowski about alcohol. He said that a dangerous precedent is being set. He said it will impact the neighbors when 300-500 people are drinking. He also said that Dan could have inquired about using local business to serve at, such as Hawthorne. He said that he does not support the use of alcohol on the Common.
Mr. Shea that future licenses can be denied and that if this event turns out poorly Mr. Schuman would never be issued a license for this event again, he said the burden is on him now to carry the burden.
Mr. Lee motioned to approve with the following conditions:
Councilor O’Keefe asked how many wristbands will be distributed and if there will be a limit on each band.
Mr. Shea asked how many people can occupy the tent area at one time.
Mr. Schuman said about 200 but there will be a few tents connected together.
Mr. Shea seconded.
Mr. Lee – yes
Mr. Casey – against
Mr. Shea - yes
Approved: Extension of Premises. Applicant: Café Graziani, 133 Washington St. Present: Paula Gravilese.
Ms. Gravilese gave plans to the Board showing the outdoor seating in the front and another plan showing outdoor seating in the back.
Mr. Shea asked how many seats she is looking for.
Ms. Gravilese said 4 seats in the front and 8 in the back.
Mr. Shea asked if the tables each seated 2 people and why she wanted to do this.
Ms. Gravilese said that outdoor seating is popping up all along Washington Street and she wants to have people remember she is there.
Mr. Casey noted that the Board changed its s policy on Outdoor Seating and it is now allowed 12 months a year.
Mr. Shea asked her to elaborate a little more on what her plan is.
Ms. Gravilese said she just wants outdoor seating for the same hours her restaurant is open which is Tues-Sun from 8am-3pm and Thurs-Fri from 8pm-8pm. She said he can even serve coffee and muffins out there in the morning.
Mr. Casey said because it is an alcohol license the Extension of Premises has to go to the ABCC for approval as well.
Mr. Shea asked what controls there would be to prevent a minor from being passed a drink.
Ms. Gravilese said her servers will be out there and that she can see every thing from inside herself.
Councilor O’Keefe asked if there was adequate space out front for tables and seats. He also asked dif this has been approved by the Building Commissioner. He said the approval should be contingent upon the Building Inspector approving the plans.
From the Public Gallery:
*Clay Colarusso, abutter who lives upstairs in the Distillery Condos.
Mr. Colarusso said that the plan blocks the emergency exit to the condominiums upstairs. He also asked who will be cleaning the tables and pulling them in.
*Mike Connelly, abutter who lives in the Distillery Condos.
Mr. Connelly also wanted to know where the tables will be kept after hours.
Ms. Gravilese said they are stackable and anyone can come and look at them if they want to.
Mr. Shea said that he received a letter from Ruth and Robert Wall supporting this.
Mr. Lee motioned to approve contingent upon the Building Commissioner approval.
Mr. Casey seconded
Approved: Pledge of Liquor License. Applicant: P.W. Regatta Pub, 223 Derby St. Present: Attorney Joseph Correnti representing Regatta Pub.
Attorney Correnti said that this was a refinance by the hotel owner through a different bank and the bank requested that the License be ledged to them as collateral.
Mr. Casey motioned to approve the Pledge of License for the property at 223 Derby Street, P.W. Regatta Pub to East Boston Savings Bank.
Mr. Lee seconded
Approved: Application for Automatic Amusement and Go-Karts Entertainment License. 100 Swampscott Rd. Applicant: Castle Creek. Present: Dana DiLisio and Mr. DiLisio.
Dana said that he has received approval from Conservation and Zoning for the project. He said he would like to have some games in the new building for people to play while they are waiting. He said there are 8 of them and three kiddy rides as well.
Mr. Shea asked when he is opening.
Dana said hopefully in two weeks. He said he has the plans and showed them to the Board.
Mr. Shea said he would like to have Lt. Ouellette look at the games and rides. He also said, that as with any other place, if there are gambling machines at any time the license will be pulled.
***Discussion with Dana, Board and Councilor O’Keefe on the plans. Dispute on whether or not Robinson is a City Road. Councilor O’Keefe asked Mr. Shea to read into the record from the City manual that Robinson Road is an accepted Street***
Mr. Lee asked what the hours for the track will be.
Dana said that the hours will be from 9am-10pm.
Mr. Casey asked if Dana thought there would be any issues with neighbors.
Dana said that he went to a neighborhood meeting and decided to go with electric karts to appease the neighbors. He said the light s will be pointed inward toward the track and that there will not be any music.
Mr. Lee motioned to approve 11 automatic amusements, 8 games and 3 kiddy rides.
Mr. Casey seconded
Mr. Shea said that Dana was asking for 16 Go Karts but asked him if he need 20 to allow for broken ones or repairs.
Mr. Lee motioned to approve 20 karts between 9am and 10pm, conditioned upon Lt. Ouellette checking machines and karts.
Mr. Casey seconded
***Councilor Sosnowski asked if the karts had headlights or horns.
Dana said they have neither.
Approved: Application for Blanket Vendor License. Applicant: Salem Sound Coast Watch, Swim-n-Fin at Forest River Park. Present: Michael Medlock, Secretary of Board of Directors, Salem Sound.
Mr. Shea asked Mr. Medlock to briefly describe the event.
Mr. Medlock said that this is the 4th swim race and 2nd Kayak race.
Mr. Shea asked if there have been any problems in the past.
Lt. Ouellette said that he was not aware of any.
Mr. Medlock said he is seeking approval to sell hats and other items for his organization and to have some food vendors, which will go through the Health Department as well.
Mr. Shea asked how many spots he would like to have for the event.
Mr. Medlock said two or three.
Councilor Sosnowski asked if the Harbormaster has been notified.
Mr. Medlock said he has been. He said the date is for July 25 but he would like a rain date of July 26th.
Mr. Casey motioned to approve with 6 vendors and a rain date of July 26 between the hours of 9am-4pm.
Mr. Lee seconded
Approved: Application for Blanket Vendor License. Applicant: The Gathering. Present: Phil Wyman and Ellen Talkowsky.
Mr. Wyman said that he is looking to have 2 locations for Entertainment. Ted Solovikos at Derby Square and Mammadou Dijoup at the Fountain on Essex Street. He said that the Fair will be from noon to 5 pm and setup of the stage at the Fountain will begin at noon and said he has no plans for a rain date.
Mr. Shea asked Ms. Talkowsky if she was in support of this.
Ms. Talkowsky said that she was,
Mr. Lee motioned to approve Fair from noon to 6pm on June 21st with entertainment at the Fountain and Derby Square and one vendor out front of the The Gathering on Essex St.
Mr. Casey seconded
Approved: Application for Blanket Vendors for Cultural Festival on July 25 and 26th.
Applicant: AD3. Present: Mammadou Dijoup and Don Goldman.
Mr. Shea read the request and said that like last year the Cultural Festival is looking for a Blanket Vendor license.
Mr. Goldman said the Festival is July 25 and 26 and that they had 100 vendors last year.
Mr. Shea said that all food vendors have to go through the Health Department as well. He also said that 100 vendors sound high.
Mr. Dijoup said that there are lots of non-profit organizations there just for information purposes.
Mr. Shea said if they are just handing out pamphlets on their organization than they do not need to be licensed.
Mr. Goldman said the event is for two days and there will be about 50 vendors per day.
Mr. Shea asked what kind of vendors there will be.
Mr. Goldman said it would mainly be arts and crafts vendors.
Mr. Shea said this would be approved contingent upon the names of all vendors being submitted, with 50 good vendors and 15 food vendors each day. He also asked Mr. Goldman how the vendors would be CORI’d.
Mr. Goldman said that he will be doing the CORI’s on the vendors and provide the Board with an insurance certificate and have port-a-potties and
will have 2 police officers each day.
Mr. Casey asked about the hours of the Festival.
Mr. Goldman said that the hours will be 10am-8pm Saturday and 10am-6pm Sunday.
Mr. Lee motioned to approve 50 good vendors and 15 food vendors each day.
Mr. Casey seconded
Discussion: Attorney John Carr was present with Morris Schoppe, James Carney and Dorothy Hayes, which he represents. He said that he thought 315 Essex Street would be on the Agenda for tonight as a follow up to the last meeting with Mr. Morris, owner of the property. He said that things have continued at the rooming house and said there have been 7 incidents since May that are directly linked to 315 Essex Street. He said there is a police log of the incidents as well.
Mr. Shea said that the next LB meeting will be held on July 13 and requested that Ms. Pagliaro call Mr. Morris in for a Hearing on that date.
Business: *Lt. Ouellette said that he would like the Board to make a decision tonight in regards to how late employees can be inside of an establishment with a Liquor License to clean up after hours. He said that there was an issue with the new Tavern in Square Restaurant last weekend. He said the manager said that because of the size of the restaurant that it is impossible to clean up within an hour after closing.
Mr. Lee said that in Peabody if you are in the building after 1am it is a violation.
Mr. Shea said the LB has the authority to extend the hours for clean up.
Lt. Ouellette said that the police are trying to monitor this situation and would ask that the Board makes a decision quickly to possibly allow employees to do clean up until 2 am.
Mr. Lee said he does not want to do that and that they can always clean in the AM.
Lt. Ouellette said that conditions could be set for the extended clean up time.
Mr. Casey agreed that they could clean in the AM.
Mr. Shea said the LB can extend the hours.
Lt. Ouellette said that if the policy remains at 1am that the police officers will be enforcing it. He also said that it is unrealistic to think that no one in any of these establishments is out at 1am.
Mr. Shea agreed that employees are most likely cleaning up after 1am.
Councilor Sosnowski said that this was an issue at Bay Bridge in the past. There were people at the bar after 1am with cups of supposed “water” and they were not cleaning up.
Lt. Ouellette said that police will be back out patrolling downtown and they will be monitoring the situation.
Mr. Lee motioned to approve that employees may be in the business strictly for clean up purposes until 1:30 am, no drinks on table or bar, no TV’s on, no radios playing, no entertainment going. All persons must be employees actively cleaning. No one allowed to be sitting.
Mr. Casey seconded
Approved: Minutes from May 11, 2009 meeting.
Adjournment: Mr. Lee motioned to adjourn
Mr. Casey seconded
Clerk of the Board
Submitted: June 10, 2009
Approved: July 13, 2009