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HomeMy Public PortalAboutMinutes 5-17-18Licensing Board TOWN OF WATERTOWN ADMINISTRATION BUILDING 149 Main Street Watertown, Massachusetts 02472 TEL. (617) 972-6486 FAX (617) 972-6595 Minutes May 17, 2018 ACCEPTANCE OF MINUTES SPECIAL LICENSES: 1. Special Licenses: BOARD MEMBERS DONNA B. DOUCETTE SANDRA KASABIAN HOFFMAN STEVEN W. AYLWARD ALTERNATE MEMBER MICHAEL E BRANGWYNNE • St. James Armenian Church 465 Mt. Auburn Street Approved 3-0 One Day All Alcohol License/Annual Church Festival June 10, 2018 Michael Mamishian appeared in support of the application. He stated that the event is the annual church festival. It takes place outside, with a tent. Alcohol service will be located in a separate area, inside the building. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire, and Health Departments. • St. James Armenian Church 465 Mt. Auburn Street Approved 3-0 One Day All Alcohol License/Fund Raiser June 16, 2018 Sylvas Markesian, a member of the PTO for the Erebuni Dance School — beneficiary of the event, appeared in support of the application. The fundraiser will include singers and a live band. Students of the school will perform for 1 to 11/2 hours; then there will be adult dance. The children will be fed and have a separate room for themselves during the adult portion of the event. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire, and Health Departments. • Sons of Italy 520 Pleasant Street Approved 3-0 Bike Run/Fundraiser June 3, 2017 Mike DiStefano appeared in support of the application. He explained that this will be the 6th annual Boston/Watertown Strong bike (motorcycle) event. The police departments of the other towns through which the bikers will ride have been notified. Lunch and entertainment by a band will be offered at the Sons of Italy lodge after the ride. An estimated 150 riders will participate. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Fire and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Fire, and Health Departments. • Homenetmen Boston 47 Nicholas Ave Denied One Day All Alcohol License/Summer Dance June 8, 2018 Sevag Khatchadourian, president, appeared in support of the application, and stated that the organization sponsors events a few times a year. He explained that the organization had not been procuring alcohol from the wholesaler named on prior special license applications but was submitting a receipt from that wholesaler (Kappy's On -call) and stated this issue would be corrected. The event is a fundraiser for the organization's activities and will include music and dancing. Lt. O'Connor stated that the Police Department requested denial of the application because of evidence that the organization engaged in a practice of requesting an invoice from a wholesaler, accepting delivery, but then returning all or nearly all of the alcohol after the event because, apparently, alcohol was being purchased from another source — not a wholesaler. Mr. Khatchadourian responded that he had receipts from four prior events, and that some alcohol had been returned but that the organization was not ordering and returning all of the alcohol invoiced. He added that a member of the organization had asked a retailer for an estimate to provide beverages because he was not aware of the wholesaler purchasing requirement for a special license. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license conditionally, subject to further investigation of the Police Department to determine compliance with alcohol purchase requirements — to be completed by May 30 — and subject to the conditions requested by the Building, Fire, and Health Departments. • Taxiarchae Hellenic Cultural Center 25 Bigelow Ave Approved 3-0 One Day All Alcohol License/ Annual Meeting June 5, 2018 George Faggas appeared in support of the application. This will be an event for the Beaverbrook STEP, Inc., its annual meeting, which the Hellenic Center has hosted several times previously. The Police Department reported that it had no objection to the granting of the license requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire, and Health Departments, and voted to grant the license, subject to the conditions requested by the Police, Building, Fire, and Health Departments. • Taxiarche Archangels Church 25 Bigelow Ave Approved 3-0 One day All Alcohol License, Entertainment License, Block Party/Annual Greek Festival June 22,23,24th George Faggas appeared in support of the application. He explained that the requested licenses are for the three days of the church's annual festival, which will include food, entertainment, and vendors. It is a family attendance event, ant there will be one band performing per night. A bar will be located both inside and outside the building. Food will be prepared by the church community; there will be no caterer. Mr. Faggas stated that identification is checked for all alcohol purchases. For both the alcohol and entertainment licenses the Police Department reported that it had no objection to the granting of the licenses requested, subject to the conditions in the department's written report. The Board acknowledged receipt of reports from the Building, Fire and Health Departments, and voted to grant the licenses, subject to the conditions requested by the Police, Building, Fire, and Health Departments. 2. Super Target Liquor of Massachusetts, Inc. d/b/a Target 550 Arsenal Street Change of Manager Approved 3-0 3. Uncommon Grounds, Inc. d/b/a Uncommon Grounds Continued from February 15, 2018 575 Mt. Auburn Street Alteration of Premises Withdrawn 4. Luxury and Comfort Transport 36 Keith Street Livery Limousine License/Change of Name 5. Hafez House Of Kabob, Inc. 580 Mt. Auburn Street Common Victualer License Approved 3-0 Approved 3-0 6. Carr's Cider house 311 Arsenal Street Approved 3-0 Agricultural Wine Permit Farmer's Market June7th-Oct.18t" 7. Cinemaworld of Florida, Inc. 485 Arsenal Street All Alcohol General on Premise License/Common Victualer License 8. The Escort Limousine Corporation d/b/a Escort Limousine & Atlantic Coach 95 Arsenal Street Show Cause Hearing Continued to June 11, 2018 Continued to June 21, 2018 8. Request for Amendment of Licensing Board Rules and Regulations Concerning Days and Hours of Operation for Alcohol Licenses; Determination of Whether to Schedule a Hearing to Consider the Amendment. Start: 7:20 End 10:20 Donna B. Doucette, Chairman Present: Donna B. Doucette, Steven W Aylward, Sandra Kasabian Hoffman, Michael E Brangwynne (Alternate Member) Country Mile Food, LLC 102 Oxford Street Cambridge, MA 02138 The Watertown Licensing Board met to consider the application of Country Mile Food, LLC for a modification of the approved seating capacity under the Board's April 19, 2018 decision approving a transfer to the applicant of the All Alcohol Common Victualer License held by Dionysus, LLC for exercise at Kingsbury Avenue, the transferred license to be exercised at 136 Belmont Street. Matthew Sargent, chef and owner, appeared in support of the application. The Board acknowledged receipt of a May 3, 2018 e-mail communication from the Zoning Enforcement Officer stating that after reviewing final plans and parking counts he had conditioned the building permit for the improvements at the site to 34 seats. The Licensing Board voted unanimously to approve a modification of the maximum seating capacity from 28 persons to 34 persons. Super Target Liquor of Massachusetts, Inc. d/b/a Target 550 Arsenal Street Watertown, MA 02472 The Watertown Licensing Board met to consider the application of Super Target Liquor of Massachusetts, Inc. for a change of manager of its premises at 550 Arsenal Street licensed for all alcohol package goods store sales. Attorney Joseph Devlin appeared in support of the application, together with Richard Truchon, the proposed new manager of the licensed premises. Attorney Devlin stated that Mr. Truchon has worked for Target since 2004 and worked his way up to the position of team leader, the equivalent of store manager. He is TIPS and Target trained for alcohol sales. The current manager at the store has been promoted. Mr. Truchon explained that he has served as manager in several other Target locations. Attorney Devlin noted that Target now has a 100% i.d. policy for alcohol sales. Lt. O'Connor stated that the Police Department had no objection to the change of manager provided that the conditions stated below were imposed. The Licensing Board voted unanimously to approve the change of manager, subject to the following conditions: 1. The new manager of record, Richard Truchon, shall ensure that any employees engaged in the sale of alcohol shall complete a valid alcohol awareness training program (e.g., TIPS) upon hire or expiration of certification. A copy of employee certifications shall be maintained by the licensee and be available upon request to any agent of the Licensing Board. 2. All other conditions of the license shall remain in place. Uncommon Grounds, Inc. d/b/a Uncommon Grounds 575 Mt. Auburn Street Watertown, MA 02472 The Watertown Licensing Board met to consider the application of Uncommon Grounds, Inc. d/b/a Uncommon Grounds for approval of alteration of its premises at 575 Mt. Auburn Street licensed for common victualer service. At that time, the Board acknowledged receipt of a letter from the applicant, received in the Town Clerk's office on May 9, requesting leave to withdraw the application without prejudice on account of inability to proceed with the project at the present time. The Board voted unanimously to grant leave to withdraw the application. Arsen Ohanyan d/b/a Luxury and Comfort Transport 36 Keith Street Watertown, MA 02472 The Watertown Licensing Board met to consider the application of Arsen Ohanyan d/b/a Luxury and Comfort Transport for a livery license to be exercised from 36 Keith Street. Mr. Ohanyan appeared in support of the application. Mr. Ohanyan explained that the Board had previously issued a license to his wife, Hasmik Yegiazarian, in 2009 for exercise under the same d/b/a name. The license would now be in his name, and he will continue to drive for this livery operation. One vehicle will be used in the operation of the business. The Zoning Enforcement Officer reported that the livery business is permitted at the site as a home office use, that no employees except those who live at the residence are permitted, and that zoning allows only one, occupant -owned vehicle. Lt. O'Connor stated that the Police Department had no objection to the granting of the requested license, provided that the conditions stated below were imposed. The Licensing Board voted unanimously to grant the requested license, subject to the following conditions: 1. The license shall be limited to prearranged transportation of persons rather than on the street pick-up of persons. 2. The licensee shall maintain a current motor vehicle driving record of all employees who have been hired as a driver of any motor vehicle to be used in conjunction with the license. 3. If any driver for the licensee receives more than three moving violations or is involved in more than one surchargeable accident in a 12 -month period, he/she shall be required, within 90 days of exceeding those limits, to attend a defensive driving training course. 4. The licensee shall keep all records on file and they shall be made available for review by any agent of the Licensing Board. 5. The one vehicle to be utilized in connection with the license shall be parked at 36 Keith Street, as shown on the plan submitted (plan entitled "Mortgage Inspection Plan 36/38 Keith St. Watertown, MA," dated Aug 23, 1994 by Flynn Engineering). Hafez House of Kabob, Inc. 580 Mt. Auburn Street Watertown, MA 02472 The Watertown Licensing Board met to consider the application of Hafez House of Kabob, Inc. for a Common Victualer License to be exercised at 580 Mt. Auburn Street. Mohsen Tehrani, a director of the corporation, appeared in support of the application. Mr. Tehrani explained that the location was the site of an existing restaurant [Jasmine Taste of Persia], and that the applicant intends to continue the Persian cuisine menu approach, offering mostly take-out service. He stated that although he is involved in the operation of Molana Restaurant at 5 Spring Street he would participate in the business for the proposed restaurant, with managerial duties. There will be no changes to the premises, just some new equipment and plumbing. Mr. Tehrani added that the plan review application packet had been submitted to the Health Department two weeks ago. Lt. O'Connor stated that the Police Department had no objection to the granting of the requested license, provided that the conditions stated below were imposed. The Health Department reported that the applicant must submit a food service plan review application, and that the premises must be brought into compliance with current Food Code standards. The Zoning Enforcement Officer reported that the maximum number of seats permitted is 22, based on section 6.01.j of the Zoning Ordinance and calculated from the number of seats authorized for the previously issued license - 16. The Licensing Board voted unanimously to grant a Common Victualer License, subject to the following conditions: 1. The description of the licensed premises is as follows: an estimated 1,200 square feet, kitchen area, restroom, basement for storage, and two entrances/exits. 2. Seating capacity shall be 22 persons, as shown on the plan submitted (untitled sketch plan received in the office of the Town Clerk on March 30, 2018). 3. The hours of operation shall be Monday through Sunday 11:00 a.m. to 11:00 p.m. 4. There shall be no alcoholic beverages on the licensed premises. Carr's Ciderhouse, LLC 295 River Drive Hadley, MA 01035 The Watertown Licensing Board met to consider the application of Carr's Ciderhouse, LLC for A Special Farmer -Winery License under Section 15F of Chapter 138 of the General Laws for Sale of Wine at an Agricultural Event, to wit: the Watertown Farmers Market at 311 Arsenal Street. Stephanie Venizelos, manager for the Farmers Market, appeared in support of the application. Ms. Venizelos explained that Carr's had participated in the Farmers Market three seasons previously, but not in 2017. It will return to the market this year, selling and providing samples of its farmstead hard cider. The Board noted that the application included the approval letter of the Massachusetts Department of Agricultural Resources, as required by section 15F of Chapter 138. Lt. O'Connor stated that the Police Department had no objection to the granting of the requested license, provided that the conditions stated below were imposed. The Licensing Board voted unanimously to grant a Special Farmer -Winery License for Sale of Wine at the Watertown Farmers Market for the market's 2018 season: Thursdays from June 7 to October 18 during the hours of 1:30 p.m. to 6:30 p.m., subject to the following conditions: 1. The hours of operation shall be 1:30 p.m. to 6:30 p.m. on Thursdays, beginning on June 7, 2018 and ending on October 18, 2018. 2. Nicole Blum, manager employed by the licensee, shall attend and successfully complete an alcohol awareness training program (e.g., TIPS) prior to participation in the Farmers Market event. 3. Copies of all alcohol awareness training program certificates shall be maintained by the licensee and available upon request. 4. A copy of the license shall be posted during the hours of the event and available for review upon request. Cinemaworld of Florida, Inc. d/b/a Majestic 7 by Cinemaworld 970 16th Place Vero Beach, FL 32960 The Watertown Licensing Board has continued its hearing on the application of Cinemaworld of Florida, Inc. d/b/a Majestic 7 by Cinemaworld for a General On Premises All Alcohol Common Victualer License to be exercised at 485 Arsenal Street. The application was originally scheduled for hearing on May 17, 2018. At that time, the Police Department requested a continuance in order to complete its investigation of the application. After discussion between the Board and representatives of the applicant, including James Deal — senior vice president of operations, and Richard Starr — president, the date of June 11 was selected. The continued hearing on this application will be held on June 11, 2018 at 7:30 p.m. in the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA. The Escort Limousine Corporation d/b/a Escort Limousine & Atlantic Coach 95 Arsenal Street Watertown, MA 02472 Attn. Peter Cruza The Watertown Licensing Board has continued its show cause hearing on the matter of the failure of The Escort Limousine Corporation d/b/a Escort Limousine & Atlantic Coach to Pay Local Fees or Taxes. The matter had previously been continued from April 19 to May 17, 2018. The Board read into the record the May 17, 2018 letter agreement between Peter and the Town's Treasurer -Collector providing for payment of the delinquent real estate taxes for the subject property. An initial payment was made on May 16, and additional payments are due by May 31, June 30 and July 31. The Licensing Board voted to take the following action: to continue the hearing on this matter, successively, to June 21, July 19 and August 16, 2018 to monitor compliance with the payment agreement. If verification of timely payment, per the agreement, is provided to the Board prior to the respective hearing sessions a representative of the licensee will not need to appear on the applicable hearing date. If the licensee remains in compliance with the payment agreement, the license shall remain in effect; otherwise, it will not remain in effect and will be considered revoked. The next continued hearing on this matter will be held on June 21, 2018 at 7:15 p.m. in the Philip Pane Hearing Room, Administration Building, 149 Main Street, Watertown, MA.