MINUTES LICENSE COMMISSION MEETING MAY 16, 2018

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1 MINUTES LICENSE COMMISSION MEETING MAY 16, 2018 A REGULAR MEETING OF THE Revere License Commission was called to order by Chairman Robert Selevitch at 3:00 p.m. on May 16, Commissioner Linda Guinasso, Commissioner John M. LaCroix, Police Lt. Sean Randall, Liaison with the Revere License Commission, and Maggie Haney, Recording Secretary, present. Salute to the Flag by the members of the Revere License Commission and those in attendance. Vote to accept Minutes: Vote to accept the Minutes of 11/15/17. Upon a motion duly made by Chairman Selevitch, it was unanimously VOTED to accept the minutes. VOTED ON THE FOLLOWING APPLICATIONS SUBMITTED FOR CONSIDERATION City of Revere Broadway Charles Giuffrida, Contact Application for a Special One-Day License for Malt/Wine, Common Victualler and Entertainment: Application of City of Revere for a special one-day license for malt/wine, common victualler and entertainment, to be exercised on Broadway between Park Avenue and Beach Street from 12 p.m. until 6 p.m. on Saturday, September 8, 2018 with a rain date of Sunday, September 9, 2018 for a Fall Festival. Common victualler to consist of food trucks, malt/wine to be contained within the lawn at 249 Broadway (American Legion building). Charles Giuffrida appeared for the application. This will be the second Fall Festival, and it will be scaled back a little bit in area. There will be a family area behind City Hall with entertainment, and there will be vendor areas along Broadway, entertainment on the American Legion lawn, and a beer garden in a tent on the lawn. Chairman Selevitch observed that last year s event had indicated some concerns with control of the beer and wine area. Mr. Giuffrida explained that they had consulted with the police chief to address that specific issue, and made changes to fix the problem. There were neither opponents nor proponents when called. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application. Comunidade Evangélica Internacional da Zona Sul-Boston 72 Squire Road Arthur Oliveira, Contact Application for a Special One-Day License for Common Victualler and Entertainment: Application of Comunidade Evangélica Internacional da Zona Sul-Boston for a special one-day license for common victualler and entertainment, to be exercised in the parking lot at 72 Squire Road from 11 a.m. 5 p.m. on Saturday, June 23, 2018 for a family-oriented event. Entertainment to consist of bounce houses and face painting for children, as well as a DJ. Arthur Oliveira appeared for the application. They wish to do a family event for the church families and neighboring families. There will be food and activities for children. They have consulted with police and fire -1-

2 officials about the safety of their arrangements. They expect between fifty and seventy-five people attending. There will be no alcoholic beverages. The Commission had concerns about parking, given the busy street. However, the property owner, Jamie Russo, offered to give the church a 1-day license at a property two doors down, which he also owns, which will hold about twenty-two cars. This satisfied the Commission s concerns. There were neither opponents nor proponents when called. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application. Suffolk Diner, LLC d/b/a Airport Suffolk Downs 10 Furlong Drive Diana Sepulveda, Manager Application for a 1-day Extension of Hours of a Common Victualler License: Application of Suffolk Diner, LLC d/b/a Airport Suffolk Downs, for a 1-day extension of hours for a Common Victualler license, exercised at 10 Furlong Drive. Requested extension is to close at 3 a.m. on the morning of Monday, May 28, Diana Sepulveda appeared for the application. There is a big concert at Wonderland that night, and as many of their customers requested that they be opened to accommodate late-night diners, they hope to be able to do so. She amended her request to close at 2 a.m. rather than 3 a.m. and seconded by Commissioner Guinasso, it was VOTED to approve the 1-day extension to 2 a.m. Wonderland Entertainment, LLC d/b/a Oceanside Events Center 1290 North Shore Road Charles Delpidio, Manager Application for Change of DBA: Application of Wonderland Entertainment, LLC d/b/a Oceanside Events Center, Charles Delpidio, Manager for a change of DBA from Wonderland. Charles Delpidio and Taras Hrabec appeared for the application. The name change is due to a change in the focus of their business to more of an event center, expanding beyond just concerts. The Commission had no difficulties with the requested change, but did reference a recent incident in the parking lot of the MBTA station involving severe domestic violence between departing patrons of the establishment. The MBTA police and Revere police have requested more security in the parking lot. Mr. Delpidio has been working on a plan to better improve security. It was suggested that all parties meet to find an acceptable solution. and seconded by Commissioner Guinasso, it was VOTED to approve the application. Beach Hospitality, LLC d/b/a Marco s Tacos -2-

3 320 Revere Beach Boulevard Bradley Gajewski, Manager Application for Change of Seating: Application of Beach Hospitality, LLC d/b/a Marco s Tacos, Bradley Gajewski, Manager, for a change of seating to 96 inside, 10 outside. Current seating is 47 inside, 10 outside. Bradley Gajewski appeared for the application. The seating request is corrected to 71 seats inside, 10 outside. The restaurant is not yet open, but he hopes to be open in a couple of weeks. There were no opponents when called. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application as amended. Smart Buy Auto Group, Inc. d/b/a Smart Buy USA 1107 North Shore Road Maria Colameta, Owner Application for Transfer of a Class 2 Motor Vehicle Dealer License: Application of Smart Buy Auto Group, Inc. d/b/a Smart Buy USA, for transfer of a Class 2 Motor Vehicle Dealer license from JP s Auto Sales, LLC, said license to be exercised at 1107 North Shore Road. Maximum number of cars for sale on lot to be 17. Continued from April meeting. Maria Colameta appeared for the application. There were personal property taxes outstanding on the selling business, so the matter was continued until the end of the meeting so the applicants could resolve that issue. Shadia s, LLC d/b/a Wraps on the Beach 425 Revere Beach Boulevard Saher Abdel-Hadi, Manager Application for Transfer of a Common Victualler License: Application of Shadia s, LLC d/b/a Wraps on the Beach for transfer of a Common Victualler license from RDG Martone, Inc., said license to be exercised at 425 Revere Beach Boulevard. Requested seating to remain at 15, requested hours of operation to be 6 a.m. 2 a.m. Saher Abdel-Hadi appeared for the application, accompanied by Rosie Martone, who is a current license holder. Mr. Abdel-Hadi has had prior experience operating small restaurants. There were neither opponents nor proponents when called. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application. SE North Shore, Inc. d/b/a 7-Eleven 27471C 1120 North Shore Road Hiren Patel, Manager Application for Transfer of a Malt/Wine Package Store License & a Common Victualler License: Application of SE North Shore, Inc. d/b/a 7-Eleven 27471C, 1120 North Shore Road, Revere, MA, Hiren Patel, Manager, to transfer a Malt/Wine Package Store license and a Common Victualler license from Vipul Patel, said -3-

4 licenses to be exercised at the same address. Hours of Alcoholic Beverage sales to be Sunday 10 a.m. 11 p.m., Monday Saturday 8 a.m. 11 p.m. Hours of food sales to be 24 hours, with no seating. Hiren Patel appeared for the application, accompanied by Mark Ellery, who was representing 7-Eleven, Inc. Commissioner Guinasso had concerns due to the unavailability of the current license holder for questions. The applicant has not yet received approval from the Fire inspector. and seconded by Chairman Selevitch, it was VOTED to conditionally approve the application, with approval predicated upon the applicant receiving approval from the Fire inspector. Commissioner Guinasso voted as present. R & M Foods, Inc. d/b/a D Parma 288 Broadway Angela Rendon, Manager Application for a Malt/Wine Restaurant License: Application of R & M Foods, Inc. d/b/a D Parma, 288 Broadway, Revere, MA, Angela Rendon, Manager, for a Malt/Wine Restaurant license to be exercised at the same address. Requested hours to be 10 a.m. 11 p.m., requested seating is 33, and requested entertainment is TV and radio. Hector Rendon and Angela Rendon appeared for the application, represented by their attorney, James Cipoletta. They have been operating restaurants in Boston and Winthrop for many years. This would be an Italian restaurant, with wine and beer service. There were neither opponents nor proponents when called, although it was reported that City Councillor Keefe had called Chairman Selevitch to express his support of the application. Upon a motion duly made by Commissioner LaCroix, and seconded by Commissioner Guinasso, it was VOTED to approve the application. La Metapaneca Grill, Inc. 63B Revere Beach Boulevard Daniel A. Lemus-Alarcon, President & Manager Application for Transfer of a Common Victualler License: Application of La Metapaneca Grill, Inc., 63B Revere Beach Boulevard, Daniel A. Lemus-Alarcon, President & Manager, to transfer a Common Victualler license from Yenifer Sifontes & Edin Lemus, said license to be exercised at the same address. Requested hours to be 10 a.m. 2 a.m., with no seating. Daniel Lemus-Alarcon and Consuelo [no last name given] appeared for the application. They plan to sell fast food such as wraps and kabobs. There were no proponents when called. Attorney Michael Tobin spoke in opposition to the application on behalf of his client. His client had transferred the license to the current license holders, Yenifer Sifontes & Edin Lemus, and had, as part of that transaction, sold the kitchen equipment on a payment plan, which was never paid. Mr. Tobin s client plans to put exercise a lien on that equipment as collection on the debt. He had no argument against the applicants, but considers that the current license holders have no authorization to sell equipment they don t own. -4-

5 The applicants withdrew their application until such time as they can consider this information. THE FOLLOWING ITEM WAS TAKEN OUT OF ORDER Smart Buy Auto Group, Inc. d/b/a Smart Buy USA 1107 North Shore Road Maria Colameta, Owner Application for Transfer of a Class 2 Motor Vehicle Dealer License: Application of Smart Buy Auto Group, Inc. d/b/a Smart Buy USA, for transfer of a Class 2 Motor Vehicle Dealer license from JP s Auto Sales, LLC, said license to be exercised at 1107 North Shore Road. Maximum number of cars for sale on lot to be 17. Continued from April meeting. Maria and Edward Colameta returned at this time, having paid the personal property tax outstanding on the business. There were neither opponents nor proponents when called. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application. Black Marble Motorcycles, LLC d/b/a Boston Harley-Davidson Squire Road Heather Vieira, Event Manager Application for Two Special One-Day Malt/Wine, Common Victualler & Entertainment Licenses: Application of Black Marble Motorcycles, LLC d/b/a Boston Harley-Davidson, Squire Road, Heather Vieira, Event Manager, for two Special One-Day Licenses for Malt/Wine, Common Victualler, and Entertainment, to be exercised in at the same location, for two separate occasions. The requested dates and times are: 1) Thursday, May 17, 2018, from 6 p.m. 9 p.m. for an Outdoor Bike Night Motorcycle Rodeo Event; 2) Thursday, June 21, 2018, from 6 p.m. 9 p.m. for an Outdoor Bike Night Car & Motorcycle Show. Heather Vieira appeared for the application. The applications are for their regular Bike Night events, and will have beer only. Proceeds from alcohol sales go to charity. and seconded by Commissioner Guinasso, it was VOTED to approve the application. Los Hornitos, LLC 2 Park Avenue Sandra Barbosa, Manager Application for Transfer of a Common Victualler License: Application of Los Hornitos, LLC, 2 Park Avenue, Sandra Barbosa, Manager, to transfer a Common Victualler license from Chocolaffee, LLC, said license to be exercised at the same address. Requested hours to be 6 a.m. 7 p.m., no seating. Sandra Barbosa appeared for the application. She has had several years experience operating a bakery. While she would like to inquire into the possibility of adding seating to the license, at this time no changes are proposed -5-

6 to the operation of the business. Commissioner Guinasso had qualms about the absence of the current license holders from the meeting. and seconded by Chairman Selevitch, it was VOTED to approve the application. Commissioner Guinasso was recorded as present. THE FOLLOWING ITEM WAS TAKEN OUT OF ORDER Lazy Crab, LLC d/b/a Lazy Crab Restaurant & Bar 733 Broadway, Unit 1 Biping Huang, Manager Board Inquiry: Inquiry to address Commission concerns regarding the lack of progress in opening this restaurant. Attorney Joseph Cattoggio represented the establishment. He explained that the lack of progress is due to a paperwork issue with the lending bank. The loan for real estate purchase and renovations was in the name of a company formed for the real estate transactions, while the license itself is held by a separate company. As the bank insists on including the license as collateral, and the alcohol laws do not allow a pledge of license in a different name, the financing has been delayed. The license holder is resolving this issue with the bank. The inquiry is considered settled. HEARINGS Boulevard Café Corp. d/b/a Sammy s Patio 63 Revere Beach Boulevard Mary Ellen Faysal, Manager Hearing: Hearing into possible violations of license regulations stemming from alleged violation of Massachusetts General Laws, Chapter 94C. Continued from March meeting. Samuel Faysal and Mary Ellen Faysal appeared for the hearing, represented by their attorney, James Cipoletta. They did not contest the facts of the police reports. The Commission heard from the owners, the bartender who was convicted of selling drugs in the bar, and the police sergeant in charge of the undercover operation. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to place the establishment on probation for 6 months, with the proviso that any incidents or violations would be met with an immediate rollback of the closing hour to 12 a.m., said rollback to remain in effect until the next regularly scheduled License Commission meeting, at which time further penalties might be assessed. R K & E Corp. d/b/a BK s Bar & Grill 264 Ocean Avenue Marilyn Symmes, Manager -6-

7 Hearing: Hearing into possible violations of license regulations stemming from alleged violation of Massachusetts General Laws, Chapter 94C, as well as possible violations resulting from a fight between patrons that caused injury and property damage. Continued from April meeting. Robert Kelley and Marilyn Symmes appeared for the hearing, represented by their attorney, James Cipoletta. They did not contest the facts of the police reports. The Commission heard from the owners and the police sergeant in charge of the undercover operation. Commissioner LaCroix moved to apply the same penalty as had been voted for Sammy s Patio. The motion failed to carry. Upon a motion duly made by Commissioner Guinasso, and seconded by Chairman Selevitch, it was VOTED to place the matter on file, to be considered in the event of any future violations. The Commission next addressed the additional incident of a brawl resulting in property damage, injuries, and the discovery of unlicensed pool tables. The policy of the establishment is to stop allowing entry to new patrons after 12:30. Mr. Kelley showed the Commission security video from the incident, showing that the doorman had barred entry to the combatants, who forced their way into the bar. The police were immediately called, and an arrest was made. The owners were unaware that they needed a specific license for pool tables, and have taken steps to rectify that error, in applying for a license. The Commission considered the application at the same time. No violation was found in the matter of the brawl. Having determined that, the Commission then considered the application for a pool table license. Upon a motion duly made by Chairman Selevitch, and seconded by Commissioner LaCroix, it was VOTED to approve the pool table license, with the condition that pool cues should remain behind the bar when not in use. Commissioner Guinasso was recorded as present. William J. Chamness d/b/a Chamness Bar & Grill 113 Shirley Avenue William Chamness, Manager Hearing: Hearing into possible violations of license regulations stemming from alleged violation of Massachusetts General Laws, Chapter 94C. Continued from April meeting. William Chamness appeared for the hearing, represented by his attorney, James Cipoletta. They did not contest the facts of the police reports, but stated that the employee in question was off-duty that night. The Commission heard from the owner and the police sergeant in charge of the undercover operation. Upon a motion duly made by Commissioner LaCroix, and seconded by Commissioner Guinasso, it was VOTED to place the matter on file, to be considered in the event of any future violations. THE FOLLOWING ITEM WAS TAKEN OUT OF ORDER La Metapaneca Grill, Inc. 63B Revere Beach Boulevard Daniel A. Lemus-Alarcon, President & Manager -7-

8 Application for Transfer of a Common Victualler License: Application of La Metapaneca Grill, Inc., 63B Revere Beach Boulevard, Daniel A. Lemus-Alarcon, President & Manager, to transfer a Common Victualler license from Yenifer Sifontes & Edin Lemus, said license to be exercised at the same address. Requested hours to be 10 a.m. 2 a.m., with no seating. The applicants returned and asked to speak before the Commission. They would like the Commission to consider approving their application, as they are not directly involved in the matter between the earlier license holders, and they have receipts showing they have paid for the equipment. They are willing to take upon themselves the risk that the legal proceedings may result in their losing that equipment. The Commission made note of the fact that approval of the license would not protect the applicants from any risks inherent in the results of any legal action in the matter between the earlier license holders. Upon a motion duly made by Commissioner Guinasso, and seconded by Commissioner LaCroix, it was VOTED to approve the application. MISCELLANEOUS Rockwal Realty Trust 1380 North Shore Road Jean Geary, Owner Requested Appearance: Requested appearance before Commission to express her concerns regarding the recent vote to increase parking lot license fees. The following people spoke on the matter of the recently voted increase to the parking lot license fee. Jean Geary, parking lot owner James Lamanna, attorney and cousin to Ms. Geary Walter Geary, parking lot owner City Councillor Ira Novoselsky James Marcotte, parking lot owner Scot Hopps of Comfort Inn, which is a parking lot owner Dan Donohue, president of Comfort Inn All parties argued that the increase was too high and too sudden, and some suggested possible amendments to the increase that might be more agreeable. Upon a motion duly made by Chairman Selevitch, and seconded by Commissioner LaCroix, it was VOTED to schedule a future meeting to hear from all interested parties on the matter, for purposes of making a final determination. COMMUNICATIONS: 1. Notice from Massachusetts Alcoholic Beverages Control Commission (ABCC) approving the application of Abeer Group, Inc. d/b/a Aladdin s Grill for a Malt/Wine Restaurant license. -8-

9 2. Notice from Massachusetts Alcoholic Beverages Control Commission (ABCC) of a Return No Action of the application of Lazy Crab, LLC d/b/a Lazy Crab Restaurant & Bar for a pledge of license. All communications were accepted and placed on file. LICENSE RENEWALS FOR 2018 Common Victualler Vincent M. Lauretano d/b/a Pizza Kitchen, 76 Revere Beach Boulevard Uncle Nino s Restaurant, Inc., 313 Park Avenue It was unanimously VOTED to approve the above renewals. It was unanimously VOTED to schedule the next regular meeting on June 19, 2018, at 3:00 p.m. in the Council Chamber. It was emphasized that this meeting will be on a Tuesday, rather than the customary Wednesday. Following the foregoing, there being no further business to come before the Board upon Motion duly made and seconded, it was VOTED to adjourn the meeting at 6:30 p.m. Robert Selevitch, Chairman Maggie Haney, Recording Secretary Minutes of the meeting of May 16,