Meeting: Salem Licensing Board held Monday October 26, 2009 at 6:00 pm in the third floor conference room, 120 Washington Street. Present were Chairman Dave Shea, Members: John Casey, Special Investigator, Lt. Ouellette and Melissa Pagliaro, Clerk. Absent was Rick Lee
Approved: Four One Day Liquor Licenses. Applicant: Hamilton Hall. Present: Tricia Schott.
Mr. Casey reviewed the applications and said all the paperwork was complete for all 4 events including insurance and a police detail. The dates of the events are 11/1, 11/7, 11/8 and 11/14.
Mr. Casey motioned to approve
Mr. Shea seconded
Approved: Extension of Premises. Applicant: Rockafella’s 227-231 Essex Street. Present: Kevin Marchino.
Mr. Shea said that Mr. Marchino came in last meeting to discuss his plans with the Board. He said he is now moving forward with the application process to get approval from the ABCC.
Mr. Casey asked Mr. Marchino if he owned the entire building yet.
Mr. Marchino said they are still in negotiations.
Mr. Shea asked what the current lease covered.
Mr. Marchino said the lease is currently for the first floor.
Mr. Casey asked about a time frame.
Mr. Marchino said that it will be about a two month build out. He said the only thing left to settle things is a cash transaction.
Mr. Casey asked Mr.Marchino to tell the Lb his plans again.
Mr. Marchino said he plans to use the upstairs mainly for function rooms 7 days a week. He said in between functions they would like to host things like funeral receptions, dances and New Year’s.
Mr. Shea asked if Mr. Marchino planned on having a bar open up there all of the time.
Mr. Marchino said no but that if he had the opportunity to use it for events he would like to. He said that it will be facilitated for everything that is downstairs.
Mr. Casey said that the plans all seem undefined right now and that parameters can be set as they go along. He asked what types of entertainment he would have and if there would be bachelor/ bachelorette types if events.
Lt. Ouellette said that the people whom organize these events can do what they want, like people jumping out of cakes and whatnot.
Mr. Shea said that some rules apply as with the current liquor license and that there will be no entertainment that is not permitted.
Mr. Marchino showed and described the floor plans to the Board.
Mr. Casey motioned to approve the extension with the provision that a lease and or P&S and routing slip be given to the Board before a liquor license is released.
Mr. Marchino noted the time of his current license to end at 10pm on Sundays and asked about having regular hours 7 days a week.
Mr. Casey motioned to amend the hours from 11am-1am 7 days a week.
Mr. Shea seconded
Misc: During the meeting a Street performer using bongo drums was extremely loud. Mr. Shea said he would accept a motion to end his license from now on at 6pm. He asked Ms. Pagliaro to find out who the performer was and notify him of the decision.
Mr. Casey motioned to amend the Street performer’s license ending at 6pm instead of 8pm.
Mr. Shea seconded
Discussion: Mr. Shea said that it was requested by Murphy’s attorney, Mr. Pinta, that Mr. Kelly come before the Board to review their entertainment license. He said that about 5 weeks ago the LB put restrictions on the entertainment license on Thursday, Friday and Saturdays. He said that to start, he would like to say that the Board is inclined to give something back to Mr. Kelly tonight. He said the Board used models of other establishments that have had the same kind of problems in the past. He said that last year another establishment had the same problems and the Board took the same actions and within three months they had there full entertainment license back with no further issues. He said that the decision to cut entertainment was nota permanent one and he is very interested in what Mr. Kelly and his attorney have to say.
Att. Pinta started by saying that the effect of having the entertainment license rolled back on his client has devastated his business. He said his business is off 50-60%. He said he is trying to hang on but that if he does not get some of his business back than he fears he will have to start laying off employees. He said that Mr. Kelly is trying to work with the community to avoid these issues from happening. He said he has addresses the complaints around closing time by trying to stager the patrons when they exit. He said that Mr. Kelly has been in contact with the police and has complied with everything asked of him and has been mindful of the situation. He said the question is will Mr. Kelly ever be able to satisfy the people next door. He said that Mr. Kelly is looking to the LB for guidance. He said that initially had the entertainment license not been granted to Mr. Kelly he would have never purchased the establishment. He said that Mr. Kelly is willing to keep the kitchen open until 12am every night. He noted that Mr. Kelly has not been cited for any kind of disorderly behavior. He said that he has a letter from Sgt. Rocheville. In the letter Sgt. Rocheville states that there are no known issues that Mr. Kelly has not addressed. Mr. Pinta said that if Mr. Kelly is not judged objectively he is at a disadvantage to compete. He said he has tried more that most and that people leaving other establishments aren’t any quieter than Murphy’s. He said there are no police reports.
Mr. Casey said of course there are police reports and asked Att. Pinta how he thinks we got to this point.
Att. Pinta said that when there were complaints the police responded but there was no finding on Murphy’s part.
Mr. Shea said that from the spring moths through September there were numerous visits from Mr. Lee and Lt. Ouellette because of complaints and calls around issues at closing that other establishments were not having. He said since the restriction there has been a great improvement.
Mr. Kelly said that two or three weeks before the last meeting the circumstances were better and it was working. He said they have been very busy since the last meeting. He said he wants to run his business without being in front of the LB every month. He said that previously there was a lot of stuff said that he knew nothing about and only heard about it when he was brought before the Board. He said he is willing to deal with Derby Lofts but they have to talk to him.
Mr. Casey said the intent is to keep him in business.
Mr. Shea said it is his opinion that things have gotten better.
Kevin Grady from the public gallery said he is the Manager at Derby Lofts and a resident of Salem. He said that when Mr. Kelly first came to the LB he described his plans for a “family style” restaurant. He said that Mr., Pinta said they can’t compete without the entertainment license which is a change from Mr. Kelly’s original intent. He said that during June July and August Mr. Kelly did nothing to reach out to residents. He said it wasn’t until he was called before the LB that he did something. He said that Mr. Lee is not here tonight and that his tone at the September meeting was upset. He said that the punishment was not just given to appease residents.
Brendan Aarons, from the public gallery, said that he lives on the 4th floor at Derby Lofts facing Murphy’s. He noted how the Board thought it was irritating hearing the bongo drums playing during the meeting. He said that is what it is like all the time with the bass playing at Murphy’s, along with the people outside smoking and people talking until 12:30 am. He said it is very noisy. He said he is a young guy himself and he goes to bars but Murphy’s is a nightclub. He said 5 weeks of restrictions will not do anything to help.
Mr. Shea asked Mr. Aarons about a Tuesday night and if he recalled that evening.
Mr. Aarons said that most weekday night is not bad but Thursdays, Fridays and Saturdays are the worse.
Mr. Shea asked if Mr. Aarons was still hearing the noise now.
Mr. Aarons said yes that the music and the people in the streets are still an issue.
Mary Lynn Gould, pubic gallery and resident of Derby Lofts said she would like to reiterate what Mr. Aarons and Mr. Grady have said. She said that she did not know that the measures that were taken were temporary. She said it is a bit better now. She said it is still a problem with people congregating outside and the music. She said she has not called the police because it is October and it is expected. She said that Thursday, Friday and Saturday are sill bad. She said there are 2 bouncers out there with 20 people smoking and talking and opening the door so you can hear the inside music.
Mr. Shea said that the LB cannot regulate people smoking in public.
Ms. Gould suggested that Mr. Kelly move the smokers to the Derby Street side of the building.
Darrell Sanders, public gallery and resident of Derby Lofts said that his perspective is that residents need to sleep and Mr. Kelly needs to make money. He said that the “Derby Lofts Appreciation Day” after the last meeting was intimidating, as if Mr. Kelly was pointing out Derby Lofts as the reason that there was limited entertainment. He said he thinks a balance can be found and that it is reasonable for Mr. Kelly to have his entertainment on Saturdays.
Mr. Shea asked Mr. Sanders if there was no improvement on Thursday and Friday.
Mr. Sanders said he still has a hard time sleeping but can live with it.
Mr. Shea said the Board is not closing them down just trying to find a way to make this work. He said he wanted to note one thing regarding the comment about a family style restaurant, he said he did not know if the LB could be objective. He said that is because the previous business was also a restaurant and it was successful.
Mr. Casey said that initially Mr. Kelly did come to the LB and described how he ran the Pickled Onion and that it was noted for its food. He said that Murphy’s does not seem to be noted for anything.
Mr. Kelly said it is not yet but it will be for the food. He said it takes time.
Mr. Casey said Mr. Kelly’s predecessors were noted for their food.
Mr. Kelly said that they have been serving food from 11:30 am to midnight 7 days a week. He said that he cooks himself and that he takes great pride in his food.
Mr. Shea said that there is a letter from the police and that it is a very positive letter. He said Lt. Ouellette also has a positive report from, his visit. He said that Mr. Kelly also got rid of his $1 beer and added security. He asked about what Mr. Kelly could possibly do about the smoking.
Mr. Kelly said the patio is out because he has people eating out there now until midnight and there cannot be people smoking while people are eating.
Mr. Shea suggested closing the patio beginning November 1st for the winter and having patrons smoke on the patio. He said that the LB will restore the entertainment license back on Friday nights. He said that everyone has to find a way to make this work. He said that after all the complaints they had to take action.
Mr. Casey said that the Board hopes that Mr. Kelly has learned from this.
Lt. Ouellette said that as a suggestion they may want t to change the type of music that is being played that is attracting a young crowd. He also said they may want to have an in house no trespass order so that if someone is outside yelling and being loud they are not allowed inside the establishment. He said like sort of policing their own patrons.
Mr. Casey motioned to restore full hours of entertainment license on Friday nights after November 1 and also after November 1 to designate the patio is of the establishment for patron smokers after 7 pm. No food on patio after 7pm for winter.
Mr. Shea seconded
Under separate discussion:
Mr. Kelly asked about using the patio in the summertime for dining.
Mr. Shea said for him to come back in the spring to discuss it.
Mr. Shea asked if anyone had any suggestions about the bass issue.
Mike Bolatero, in the public gallery said he is a homeowner in Salem and a professional DJ. He said that the sub woofers could possibly be placed differently. He said that the police said over the summer that it was not that bad.
Lt. Ouellette said that is difficult to figure out because there is more than one DJ at a time in the building and different bands have different equipment. He also said that Mr. Lee can confirm on one night in particular when there was a complaint the music was coming out of the 3rd or 4th floor of Derby Lofts.
Mr. Shea said he would like Mr. Kelly to submit in writing some kind of steps that he might be able to come up with to lower the volume and bass.
Lt. Ouellette said the last he observed the DJ downstairs was facing away from Derby lofts.
Ray Hamilton, in the public gallery, said that on Sept 19 at 10:30 at night, he drove by Tavern in the Square and observed people yelling, smoking out front, patrons walking in and out of traffic. He said he does not understand where the LB is coming from with just punishing one establishment.
Mr. Kelly said if it was in good faith he would be happy to try and work with Darrell Sanders.
Mr. Grady asked if the two speakers that Mr. Kelly has hanging outside on the patio could be removed as there were not supposed to be any outdoor entertainment to begin with.
Mr. Shea said to remove the speakers immediately.
Mr. Casey motioned to amend previous motion to include immediate removal of the outdoor speakers.
Mr. Shea seconded
Discussion: Kevin Kefalas for Paula Kefalas on size of vendor spaces.
Mr. Shea asked dif Mr. Kefalas received the violations, two from fire and one violation was from the vendor management committee.
Mr. Kefalas said he received them today and one of them is wrong. He said he has already spoken to Chuck from the fire Dept about it.
Mr. Shea told Mr. Kefalas to instruct Chuck from Fire Prevention to call Ms. Pagliaro about it.
Mr. Shea asked about the extra gas tank.
Mr. Kefalas said it was already gone.
Lt. Ouellette showed the Board some photos taken the weekend of October 17 of Ms. Kefalas space. The room they used measured about 23’ x 15’ which is much more that the 10x10 space allowed.
Mr. Kefalas said the pictures were from last year.
Lt. Ouellette said they were taken this year the weekend of October 17. He said in addition the bench for public bench is being blocked and used for storage.
Mr. Shea asked how much space ms. Kefalas is license for.
City Solicitor, Beth Rennard, said he is allowed a `10’x10’ space.
Mr. Shea said his space is clearly much larger than 10x10.
Mr. Kefalas said he would take care of it.
Mr. Shea said that effective immediate Ms. Kefalas must bring her space to 10x10. He said that if he exceeds the space that Lt. Ouellette can close him down for the day.
Mr. Casey voted that Ms. Kefalas will be closed for the day if she exceeds her allowed space.
Mr. Shea seconded.
Lt. Ouellette also said that a report form the police said that the van and trailer that Mr. Kefalas drives is constantly parked by the common. The ordinance says that he is not to remain parked by his location all day.
Mr. Kefalas asked if he could have the spot # 1 on Hawthorne Blvd. like last year.
Mr. Shea said that he needed to go into the lottery with everyone else.
Discussion: Ellen Talkowsky updating the Board on the Vendor Management Committee meetings.
She said as of right now she is not sure if the Police want vendors moved of the mall on Friday October 30 as well as the 31st.
Mr. Shea asked when we do the lottery if it will be for both days.
Ms. Talkowsky also said that through the RFP it has already placed the preferred food vendor in four of the spots.
Mr. Kefalas said he wanted the first spot
Lottery: The LB held a lottery for the vendors who are on the Essex Street ped mall and will be moved to Hawthorne Blvd on October 31 and possibly October 30.
All of the names and spaces were put in two separate boxes and a name and a space was picked.
#13-Salem Little League
Approved: Street Performers Application for Halloween Day. Applicant: Wheaton College Acappella group through Ellen Talkowsky.
Ms. Talkowsky said they could not be present because they are in classes but they have done this the last three years with no problems and they are a great group.
Mr. Casey motioned to approve
Mr. Shea seconded
Discussion: Ms. Talkowsky said there were also a couple of miscellaneous items. Someone contacted her to put a Delorian car out so people could take pictures and give a donation to raise money for the Michael J. Fox Foundation for Parkinson ’s disease. She said she still had to clear it through police but it was going to be placed on the corner of Front and Washington Street from 10am-10pm.
Mr. Casey motioned to approve
Mr. Shea seconded
The other item was an update from the vendor management committee. She said there are violations from fire, there are none from health and in general there have been relatively few issues. She said there was an issue again this year with Biz Baz and handicap issue. She said that is something to address next year.
Mr. Shea asked if that was the Chamber weekend and how the Board should go about remembering issues for next year to discuss.
Mr. Casey suggested starting a folder for the committee to review next year.
Mr. Shea asked when the police would make a decision about vendors on the mall on 1/30. She said soon and that Ms. Pagliaro and herself would notify vendors.
Tabled: Issue of approving guidelines for Seasonal and home Rule petition license and to lift moratorium. Item tabled until November meeting.
Mr. Shea said the reason that the moratorium was initiated was because too many people were coming in for these types of licenses. He said the Mayor set up a group to look at this issue. He said that City Solicitor, Beth Rennard made a presentation to the LB at our last meeting and is back tonight with some changes that the Board requested.
Ms. Rennard reviewed the changes with the Board.
Mr. Shea asked Ms. Rennard what happens if we open the process and there are 3 applications and they all meet the whole set of criteria.
Ms. Rennard said the LB would have discretion to deny. She said that the LB having a set number that they might grant and that the Board can determine that number going into the process.
Mr. Shea talked about possibly having a percentage that is given to each answered question.
Ms. Rennard said they can her and the LB can still discuss the criteria for Home Rule and Seasonal Licenses.
Mr. Shea spoke to item #4 and asked if anyone knew what the market for a license is.
Ms. Rennard said that the applicant may show the demand for one.
Mr. Shea said he would like item #2 to include entrance corridors which include Highland Ave., Bridge Street, Boston Street and Canal Street. He also said that even with this process he is not inclined to issue any licenses right now with the way that other restaurant are struggling right now. He said he would like the City Solicitor behind the LB to get guidelines in place but he is in no rush to issue any. He said that anyone coming in right now should have to demonstrate that they have first tried to obtain a license through usual means.
Mr. Casey and Ms. Rennard both suggested a letter of an offer.
Mr. Shea said two establishments in the recent past got Home Rule Licenses and did nothing for them. He said he is not inclined to move on an application unless the person can demonstrate that they have tried to obtain a license.
Lt. Ouellette said that Ms. Rennard should check on the entrance corridor streets because some might coincide with state rules in a tourist area. Some areas may be tied to tourist numbers.
Ms. Rennard said he would check on that. She asked Mr. Shea what his position is on someone who already has a seasonal Beer & Wine license.
Mr. Shea said preference would definitely be given to those persons. He said again there is no obligation to give them a full license but they do have preference.
Mr. Shea said there will be no action at this time and it will be taken up at the next meeting.
Discussion: Yarina Threads, Essex Street. Present: Ixca Flores, owner and brother in law, Rumi Cachimuel.
Mr. Flores said he wanted to speak to the Board about the number of sweater vendors selling the same thing he has in his year round store in the mall during Haunted Happenings.
Mr. Shea asked what other vendors are selling.
Lt. Ouellette pointed out that some of those other vendors are Mr. Flores siblings.
Mr. Flores said that one of the men selling the same merchandise lives in the Dominican Republic. He showed the Board pictures of other vendors selling the same merchandise over the last couple of weeks.
Mr. Shea said the LB cannot get into a family quarrel and can’t stop other vendors from selling these items. He said he can if they are selling items they did not have on there application.
Mr. Flores said that on vendor was.
Mr. Shea asked lt. Ouellette to check on that and stop it if it is happening.
Mr. Flores said that he is very worried about his finances. He said he is a year round store downtown and that this is hurting him badly.
Mr. Shea asked Ms. Rennard if it was correct that the LB cannot restrict trading.
Ms. Rennard said that is correct but they can police what is on the applications.
Mr. Casey said we like to protect our retailers and f we could we would.
Ms. Rennard suggested establishing some criteria for HH vendors in the future.
Mr. Shea said maybe this can be discusses in future vendor management committee meetings.
Mr. Flores asked what can be done this year.
Mr. Shea said nothing at this point but maybe something can be done for next year.
Mr. Flores said he buys another vendor space on the mall as well during HH. He asked dif he could stay on the mall when the other vendors get moved off on the 31st.
Mr. Shea said that would be fine and motioned to approve
Mr. Casey seconded
ications: *Violation from Fire Prevention from Strega. Mr. Shea said to have report available on November 9 when they come in for there Hearing.
*Violation from Fire for Rockafella’s for overcrowding. Mr. Shea read the report and said no action is necessary at this time.
*Violation from Fire for Angelica of the Angels for using an illegal room in the back of the store for psychic readings. Mr. Shea said to bring them in for a Hearing on the November 9 meeting.
Approved: Minutes from October 13, 2009
Mr. Casey motioned to approve
Mr. Shea seconded
Adjournment: Mr. Casey motioned to adjourn
Mr. Shea seconded
Clerk of the Board
Submitted: November 2, 2009
Approved: November 9, 2009