Monthly Archives: April 2012

Another License Commission meeting…another 3 hours of my life gone. Briefly…
Charges against the Smokehouse were dismissed for lack of evidence.

License transfer for Majors Pub continued to May.

Communications: Another noise complaint from Moller’s Lofts against Brian’s Ivy Hall. Only this time Officer David Pender was present and agreed with Mr. Hayhurst that there have been no noise complaints filed. Another officer told a unit owner if you call from your cell phone it doesn’t get registered like it would from a land line. Who knew…and what does one do if you only have a cell phone. Let that be a warning! If you have a problem make sure you run out to a pay phone to call the police. Officer Pender also stated that he investigated a noise complaint (oh wait a minute, he just said there were none) and the decibel level registered at 65. The noise ordinance states the level has to be below 55 on Thursday or Sunday after 10 PM (apparently someone needs to brush of on their ordinances; perhaps while my tax dollars are paying for him to sit at that meeting for 3 hours).

As Commissioner Akashian read from a memo from the city manager 5 years ago…the proper city departments will deal with this situation. What have they done? Nothing! I know this is a long-standing argument but at some point in time someone has to realize that if every other bar can manage to keep within the sound ordinance there must be some reason this one place is being given a pass by the police department and the city administration. Wonder what that could be?

To quote Ms. Lamb, “kabuki theatre” at its best.

Downtown related items

License Commission of the City of Lowell is scheduled to take place in the Council Chamber, second floor, City Hall, 375 Merrimack St. on Thursday, April 12, 2012 at 6:30 p.m.

3. Special events permit for amplified outdoor public entertainment applications
Theodore Panagiotopoulos of Athenian Corner Restaurant and Lounge, Inc., sound system for musician(s), band, on the patio, enclosed private parking lot adj. 207 Market Street, April thru September 2012; [per city ordinance] Sunday to Wednesday – 10 a.m. to 10 p.m.; Thursday to Saturday – 10 a.m. to 12 midnight.

4. Hearing on the application by CB Enterprises Inc., d/b/a Majors Pub, Corey Belanger, President, for change of location of license for all alcoholic beverages Restaurant from 34 Jackson St., to 197 Market St. CB Enterprises Inc. has filed applications to transfer licenses for common victualler, and for entertainment in a licensed Restaurant for live music, disc jockey, juke box from premises at 34 Jackson St. to 197 Market St.

7. Hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against The Middle Street Village, Inc., d/b/a The Village Smokehouse, all alcoholic beverages Restaurant licensee at 92-98 Middle Street – sales of alcoholic beverages to two (2) intoxicated patrons the morning of February 4, 2012

Communications:
a. R & W Management, Two Meetinghouse Road, Chelmsford, MA, dated March 22, 2012, William Whitehouse, Trustee, Greater Lowell Trust, re: lease for HEGA Corp. for 76 Merrimack St., Lowell expired December 31, 2011; business closed Ole’ Restaurant and Tapas Bar.

b.Chandra Parry dated April 9, 2012, re: excess noise emanating from the premises of Brian’s Ivy Hall on Monday morning April 9, at 12:45 a.m.

Kenneth E. Lavallee, Superintendent of Police, dated April 5, 2012, re: Lowell Police Dept. Downtown Crime Activity 2010 – 2011 Comparison.

License Commission after much testimony from Police, Fire and Inspectional Services suspended Fortunato’s liquor license for 90 days after a plea (more on that later) from their attorney that the license suspension would inhibit a potential sale.

I cannot find the words to express my sadness that Yousef did not stand up and speak for himself and apologize to all of the people who supported his business despite the fact that the food was awful, the service non-existent and the place was filthy. People treated him like a neighbor because he had been in the neighborhood so long that he was a thread (a very weak one) in the fabric of the neighborhood. I hope that Yousef did not speak because he was not willing to lie in front of those people and let his attorney do it for him when he read a prepared statement that in part said he knew nothing about Fortunato’s operating as a nightclub (club 44). I would be much more appalled if he said that himself after he invited us in one night and proudly showed us how after 10 PM they pushed the furniture up against the walls and turned on the “disco” lights and had a DJ.

So do I feel sorry for his situation? NO! Hearing the testimony of the police describe the situation of the locked doors and seeing the photos; people trying to flee a crazy dangerous situation and no way to get out…the commissioners clearly saw that the potential for disaster was averted only by the swift response of the police.

This was a self-inflicted wound by our friend Yousef. He handed his business over to someone and walked away with total disregard for those who would be in his establishment (not to mention total disregard for those of us who supported him). According to the DJ that was there that night; he was concerned about the safety of the crowd and tried to alert the owner but was ignored.

I do wonder if handing down a 90-day suspension might send the wrong message to some other “wanna-be” nightclubs to think the city does not take these issues seriously. In the end perhaps it will facilitate a new owner; one we can only hope that we will bring back a strong anchor to one of the best corners in the city and that will be a very good thing for the neighborhood.

Will this meeting take place tomorrow? I do know…check here before you go.

License Commission of the City of Lowell is scheduled to take place in the Council Chamber, second floor, City Hall, 375 Merrimack St. on Thursday, April 5, 2012 at 6:30 p.m.

Hearing on the allegations of misconduct as charged by Kenneth E. Lavallee, Superintendent of Police, against J & I Restaurant Incorporated, d/b/a Fortunato’s, Yousef A. Ayyub, Manager, all alcoholic beverages Restaurant licensee at 44 Palmer Street – for violations of law, local, and state regulations as a result of Lowell Police intervention to quell a disturbance on the licensed premises the morning of February 10, 2012