Minutes of meeting of the Lowell License Commission, Thursday, November 3, 2011

Meeting convened at 3:00 p.m., Council Chamber, 2nd floor, City Hall, 375 Merrimack St.

Present: Walter Bayliss, Commissioner, Raymond Weicker, Commissioner, Brian Akashian, Commissioner, Captain Jack Webb of the Lowell police dept., Ken Rossetti, Asst. City Solicitor

The Commission reviewed an application for license for Second Hand Motor Vehicles: Used Car Dealer, Class II, filed by Al Asad Theeb, d/b/a Brothers Auto Sales, for premises at 700 Broadway, open lot approximately 3,760 sq. ft., with office in adjacent building approx. 600 sq. ft.

Al Asad Theeb was present. Mr. Theeb stated he has wholesale license. Question on location from Commissioner Bayliss; lease, agreement to lease 60 days; Mr. Theeb states make sure some benefit to me and him [landlord], make sure can leave when you want. Mr. Theeb stated he has been in business one year, to wholesale to [car] auction; Mr. Theeb stated he works with Lee Johnson, out of Arizona. Commissioner Bayliss stated [you] would be a front for Mr. Johnson; Mr. Theeb stated he would be working for himself, not for Mr. Johnson. Commissioner Weicker stated month to month lease. Commissioner Akashian questioned residency; Mr. Theeb stated he has lived in Lawrence six years. C. Akashian stated looking at lease 60 days sell then you're gone; [buyer] has no recourse, lease does not provide assurance [to buyer]. Mr. Theeb stated landlord has had bad experience [with tenants]. C. Bayliss stated it is a two-way street; precarious situation, never mind lot, you need to have a bond. C. Weicker stated the lease appears something downloaded, one size fits all. Mr. Theeb stated met with landlord, picked landlord, interest to rental properties. C. Akashian question on number of cars, 2 cars, 4 cars. C. Bayliss questioned why buy from him [Lee Johnson], why go to you. C. Bayliss stated you can't make a living on four cars. C. Bayliss stated he will make a motion to continue the matter of the application rather than to deny [allowing time to revise lease]; not have people left out in City of Lowell. Mr. Theeb agreed to a continuance. Motion by C. Bayliss, second by C. Weicker, to continue the matter of the application for used car Dealer license until Mr. Theeb can receive a lease acceptable to the License Commission; vote: ayes - C. Bayliss, C. Weicker, C. Akashian.

The Commission opened the hearing on the allegation of misconduct against BEKS, Inc., d/b/a Brian's Ivy Hall, Kevin Hayhurst, Manager, licensee for all alcoholic beverages Restaurant at 74 Merrimack Street, sound system for entertainment on the licensed premises disturbing neighborhood residents.

Present: Kevin Hayhurst, Brian Hayhurst, Eric Finn, Atty. Michael Zaim, legal counsel for BEKS, Inc.; Chandra Parry, resident of Mollers Building, 33 Middle Street.

Chandra Parry addressed the Commission, stated Mr. [Kevin] Hayhurst tries to work with me; police entered premises [Parry residence], [police] didn't feel sound too loud; Ms Parry comments on the `Facebook' page [of Brian's Ivy Hall], states that she has to work, can't move, live music is off at midnight [but] disc jockey continues to 1:30 a.m.; I get four hours of sleep, just not fair [music amplified] Thursday to Sunday. Ms Parry stated that no one else could get the time off to speak at [today's] hearing.

Atty. Zaim stated since May 12, 2011 [hearing] client [BEKS] took seriously, made several changes [Atty. Zaim presents copies of pictures, depicting the effort to control sound; there is a copy of a contract to be signed by a d.j. or band in order have the music be kept at a level in accordance with local regulations; Atty. Zaim stated that [management] continues to hire police detail; have started to take decibel readings. There have been two police reports September 15, 2011, and October 2, 2011. Atty. Zaim stated further that all the problems, statistics are misleading, some of them have nothing to do with Brian's Ivy Hall; cites police report of counterfeit bill; a female patron on Tuesday goes to the police station to report that she thinks [her] purse stolen [at Brian's Ivy Hall] the previous week; a disturbing the peace call, reason police officer working police detail . . . Atty. Zaim states three incidents have nothing to do with client. The 4th and 5th reports to voice complaints, first from Ms Parry; second call from Ms Parry, called police, let us in, police went to her home, police didn't think unreasonable, no music is on, [client] taken effort to deal with sound. Atty. Zaim cites rule of License Commission, general neighborhood, [complainant] one person.

Commissioner Bayliss stated that [licensee] did come before us [May 12, 2011], and that it has calmed down, which shows [cooperation]. Kevin Hayhurst stated that [we] try to be pro-active; have put in place partition wall, 2x4, absorbs sound. Commissioner Akashian cites pictures submitted, question on readings on decibel levels to Kevin Hayhurst, suggested keeping record. C. Akashian states that he feels for Ms Parry, can see Brian's Ivy Hall has taken positive action, hires detail officer, sound proofing; there is no one else here other than Ms Parry. Commissioner Bayliss states nice letter from Ms Parry, Monday and Friday, I'll be the first one to admit that she has made great strides [Brian's Ivy Hall management]; let's talk of Thursday - Sunday nights. C. Akashian stated the hour patrons [arrive] is 12 midnight. C. Bayliss states to Ms Parry - they have asked that they could go in [apartment]; reference to comment of Atty. Zaim [complainant] one person . . . where is everybody else?

Motion by Commissioner Akashian, second by Commissioner Weicker, to continue the hearing to January 12, 2012; vote - ayes: C. Akashian, C. Weicker, C. Bayliss.

Ken Rossetti, Asst. City Solicitor, addressed the Commission on the City's noise ordinance, citing the downtown zoning district, and maximum decibel reading of 95 for a period of time not more than 30 seconds. The Commission stated their appreciation to Mr. Rossetti for the information.

Motion by C. Akashian to adjourn meeting at 4:05 p.m., second C. Weicker, vote: ayes - unanimous

Respectfully submitted

Ryan Wynn, Ex. Secretary-License