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2012-03-08LICENSE BOARD 191 Cabot Street Beverly, MA 01915 Richard S. Kelley, Esq., Chairman George Heller John Roccio LICENSE BOARD MINUTES — MARCH 8, 2012 The meeting of the Beverly License Board was called to order on Thursday, March 8, 2012 in the Council Chambers at 6:30 pm. In attendance at the meeting were: Chairman Richard Kelley, Board Members George Heller, John Roccio and Clerk, Martha Lewis. Also in attendance: Police Liaison Sgt. William Page Meeting was called to order at 6:30 pm by Chairman Kelley 1. Approval of Minutes for February 2, 2012. The minutes were approved 3 — 0. 2. Transfer of License Application — Harry's 240, LLC dba Harry's 240 to Prides Restaurant Group dba Prides Pub, Michael R. Magner, Manager Attorney Jack Altshuler spoke on behalf of applicant, Michael Magner. He introduced Mr. Magner to the License Board. Mr. Magner is the owner of Prides Deli which he has built into a major pizza and Italian restaurant in five years. He is a graduate of Endicott College with a degree in marketing and business and he is proficient in the restaurant business. He would like to expand his business. Chairman Kelley asked about the expansion of the business, specifically would the expansion be in the basement? Atty. Altshuler replied that there would be no change to the layout and the basement is intended for storage. His intent is to clean up the interior with some paint and to hit the ground running. Mr. Kelley then asked about TIPS certification and Mr. Magner's experience and role in the operation. Minutes of License Board Meeting held March 8, 2012 Mr. Magner has been in the restaurant business since age 16. He is grew up in the business having worked at the Chatham Squire restaurant. He is TIPS certified and has his SafeSery certification. He bought the Prides Deli business in 2008. Chairman Kelley then reiterated that it is highly recommended that all wait staff be TIPS certified. It is Mr. Magner's intent that all employees will be certified. The CORI on Mr. Magner came back with no issues. Chairman Kelley asked if there was any one from the public at large who wish to comment on the application. Hearing no comments, Mr. Roccio made a motion to approve the application for the transfer of license from Harry's 240, LLC dba Harry's 240 to Prides Restaurant Group dba Prides Pub, Michael R. Magner, Manager. The motion was seconded by Mr. Heller. The application was approved 3 — 0. 3. Transfer of License Application — Goat Hill, LLC dba Goat Hill Grille to Gourmet Paradise Beverly, Inc. dba Gourmet Garden, Lina Yang, Manager and change of location to 45 Enon Street Attorney Louis Casis spoke on behalf of applicants. He stated that the proposed manager Lina Yang had 20 years experience in the business, including J's in Brookline, Mashpee Oriental in Mashpee and the past several years at their Swampscott restaurant. The License Board reviewed the application. Chairman Kelley asked if the Mashpee location had a license. Ms. Ling stated they did. Chairman Kelley asked if Ms. Ling was the Manager in the Swampscott location as well as the proposed Beverly location. She replied that she was not in Swampscott but would be the Manager on Record in Beverly. Chairman Kelley asked the other License Board members if they had any questions or comments. Neither Mr. Roccio or Mr. Heller had any questions. Chairman Kelley asked about the location and the floor plan. Proposed establishment will be located at 45 Enon Street in Commodore Plaza, 3,000 square feet with seating for 46. A floor plan was included in the application package. The configuration is the tables will be up front and the bar will be on the left -hand side. There is seating for 12 at the bar. Chairman Kelley asked if there was any one from the public at large who wish to comment on the application. There was a resident from 7 Lincoln Street in attendance. He questioned the impact on parking. He was specifically concerned with parking /noise in the rear of the building which would impact his residence. Chairman Kelley responded that the License Board is sensitive to the public. However, it is not the job of the License Board to address his concerns about parking. The Planning Board would be the Board which would have approved the parking when they reviewed Minutes of License Board Meeting held March 8, 2012 the plans for the Strip Mall. While Chairman Kelley understands the resident's concern, there is a buffer between the building and the row of houses. The resident stated that he understood, but wanted to his concern about the increase in customers, parking and the trash disposal at night and the noise generated from that activity to be noted. Chairman Kelley asked him if he had contacted the Building Inspector or the Board of Health. He also advised him to contact the City Councilor for his ward along with the Mayor's office. The role of the License Board is to review the application in front of them and to allow the transfer of license. The applicant is not related to the issues brought forward by the resident of 7 Lincoln Street. Chairman Kelley asked if the restaurant planned to apply for an entertainment license. Attorney Casis stated no entertainment would be offered. Attorney Casis further stated that if the residents had any problems with their restaurant going forward, Ms. Ling would address any issues or concerns that the residents in the future. Hearing no further questions or comments, Mr. Roccio made a motion to approve the transfer of license from the Goat Hill Grille to Gourmet Paradise and the change of location from 90 Rantoul Street to 45 Enon Street. Mr. Heller seconded the motion. The application was approved 3 — 0, pending receipt of the CORIs. 4. Other Business Attorney Chad Colarusso, representing Michael Buchhalter, JHM Ltd dba Upper Crust asked to address the License Board. Mr. Buchhalter has recently closed the business. He is the process of filing for bankruptcy. The question is whether Mr. Buchhalter would be able to list the license as an asset of his business in the bankruptcy filing. The license was renewed. The annual fee had been paid, the inspection was in process and proof of liquor liability insurance had not yet been submitted. The restaurant however had not been serving alcohol. Chairman Kelley stated that the payment of the renewal fee allows the license to continue if Mr. Buchhalter is the manager of record. Attorney Colarusso stated the license is in the name of JHM Ltd. Mr. Buchhalter is the shareholder of JHM Ltd. Chairman Kelley stated that the paperwork is statutory to open, not the insurance and inspection certificate. Because the license was renewed on the Board's books, Mr. Buchhalter can use the license as it is issued to JHM Ltd. The License Board would honor his right to transfer the license. The new owner would then be responsible for the inspection and liquor liability insurance. Minutes of License Board Meeting held March 8, 2012 Mr. Roccio asked if the license becomes inactive, how long would it be allowed to remain status quo? Chairman Kelley responded that if Mr. Buchhalter is active in trying to use or the transfer the license, historically the License Board has given the licensees some leeway. The License Board would ask that Attorney Colarusso be proactive and keep the License Board informed as the status. Attorney Colarusso agreed to keep the Board updated and informed as to his Client's progress. 5. One Day Licenses Six applications were submitted for review. The application from the First Unitarian Church was in order. Mr. Roccio commented on the application from the Herman Spear Post. The application was for a special one -day license at the Club's Summer Outing to take place at a public park/beach in the City. Mr. Roccio did not believe the location to be appropriate. There was a discussion among the Board Members. The applicant had also applied to the City Council for a waiver of the ordinance preventing alcohol on public ways and at public playgrounds /beaches. Chairman Kelley stated that the License Board was not comfortable with the approval of the application based on the facts that it was too vague, the event would include members and their guests, the area is large and undefined and not appropriate. Sgt. Page, the Police Dept. liaison to the License Board spoke and stated that the Police Dept. would be opposed to the approval. Chairman Kelley instructed the Clerk to refer application to Solicitor Roy Gelineau and ask if License Board had the authority to deny the approval. Solicitor Gelineau confirmed with the Cleric that the License Board did have the authority to deny the license if they deem it inappropriate. Clerk sent a letter to Mr. Scott Perry, manager of the Spear Post stating that the Board was not comfortable with approving the one -day application due to the large, undefined area of the proposed outing. Other applications reviewed included one for the Beverly Farms Auction. Application approved based on the event's time being revised to reflect four hours only -- 7:00 pm to 11:00 pm. Minutes of License Board Meeting held March 8, 2012 Chairman Kelley noted that there were two applications from Elementary School Parent Teacher Organizations (PTO). Both were applying for all alcohol. Both stated they were non- profit organizations. Chairman Kelley instructed the Clerk to ask each organization to provide documentation of their non - profit status. Mr. Roccio made a motion to approve the five one -day applications excluding the application from the Herman Spear Post, providing requested documentation was provided and in order. Motion was seconded by Mr. Heller. Applications were approved 3 -0. Upon receipt of documentation, all alcohol license for the Cove School PTO was issued as they do have non - profit status; the Hannah School PTO was issued a wine and malt beverage license based on the fact their non - profit status is piggybacked under the City of Beverly. Application for an artist's wine reception at the Beverly Farms Library is pending the approval from the City Council to waive the ordinance of alcohol being served in a public building. 6. Other Business — The License Board received an application for a wine and malt beverage license from Mr. Anthony Petrakis, owner of Pacini's Restaurant located at 38R Enon Street. At the present time, there are no licenses available. Chairman Kelley instructed Clerk to return the application package the Mr. Petrakis informing him that based on the city census /population we are at quota and no licenses are available at this time. Hearing no further business, Mr. Roccio made a motion to adjourn. Motion seconded. Meeting adjourned at 6:55 pm. Next meeting is scheduled for Thursday, April 5, 2012 at 6:30 pm in the City Council Chambers. Respectfully yours, 4►I0 MMa ha A. Lewis, Clerk Minutes of License Board Meeting held March 8, 2012