Category Archives: Bars

Here we go again

I’m so sick and tired of this subject I could just scream out loud…I might just try that to see if it helps (neighbors don’t call the police I’m just losing it) .  We live in one of the most totally fabulous neighborhoods I have ever had the chance to live in or visit.  Across the country or across the globe there are not many places that are more livable than downtown Lowell.

Just my opinion about the SUN article regarding incident at Brian’s Ivy Hall because if you are going to write a story try to at least hit the highlights…don’t worry I’ll do it for you:

I’ll try to categorize some of what is missing from this article:
Residents vs. Bars – prior to the opening of BIH residents and bar owners had spent a considerable number of years bickering.  Chief Lavallee, apparently tired of the whole thing, put us all together in a room regularly and low-and-behold we got to know each other, like each other, and found a common ground (not to mention bar owners realized that residents are their most loyal customers).  The SUN stopped covering our meetings because they were getting pretty boring; peace and harmony does not sell papers.  Enter Brian’s Ivy Hall, or should I say, Kevin Hayhurst, who appears to be the spokesman for whatever cartel actually has a stake in this establishment, showing complete disdain for residents and neighboring business owners.  Spending most of his time as a Paris Hilton wanna-be…famous for being nothing but an egomaniac and treating his peers to all sorts of jeers and  nasty comments on facebook.  The SUN should be ashamed for the headline of this story…get over this tired old headline.  Bars and residents were doing fine before this place opened.
City Taxpayers – not a single mention of the tens-of-thousands of taxpayer dollars that have been spent directly outside BIH since it’s opening due to all of the mayhem at the corner of Merrimack and John streets.  I think the SUN should have interviewed at least one taxpayer from Pawtucketville and asked how they feel about this business siphoning tax dollars to babysit their patrons.  BIH no longer pays for police details like other bars do; they just rely on the 4-officer downtown detail.  Sweet!
 I think the SUN should do a little actual reporting work and find out the exact amount being paid in city taxes by this establishment.  Mr.  Hayhurst does not live in Lowell any longer and as a tenant wasn’t paying property taxes anyway and BIH does not own the building so they are not paying property taxes.  Please tell me what they are contributing?
Police – the most obvious is less than accurate testimony by police officers at License Commission hearings regarding BIH.  I wrote about this issue back in when the License Commission was trying to address the noise issues and somehow the 20+ noise complaints about BIH did not exist (note to Chief: one of your officers entered a woman’s home after 10PM to investigate a noise complaint and did not file a report).  This same situation happened again just hours before the most recent incident when there were allegations that BIH had not called police about an assault that occurred (mind please…Mr. Hayhurst’s assertion that this happened in the “common hallway” leading to BIH, not actually inside.  My assertion; when you are using that street level door as your entrance, there is nothing “common” about it; it is being used as part of your business) police officers told Commissioner’s there has never been any problems associated in or around BIH. Please explain those tens-of-thousands of dollars.  I completely understand loyalty and these guys are only human (one of the BIH owners  Mr. Finns’ brother is a police officer and frequently is seen working the downtown weekend detail outside his brothers bar) I’m sure other officers do not want to be seen as saying anything against a fellow police officers family member.   The police dept. does not seem to be able/willing to address this issue.
License Commission – there is just too much to say about this group;  so most recently the Commission granted a new liquor license to BIH owners for Finn’s Pub (hence it is named after one of the owners you don’t hear about and/or his brother the police officer) despite the fact the owners did not have all of the required items in place such as a floor plan for the 2nd floor and despite requests from residents (same residents spoke in favor of the license sans the entertainment) that they not be issued another “all entertainment” license which has led to an entire 2nd floor with no tables, no chairs…just an extension of BIH.  You can party on the 3rdfloor and bring your drinks down to the 1st and 2nd floor as if you are within the same licensed premises.  Again…Sweet!
If the SUN is going to write a story about what goes on downtown would you please at least “pretend” to have done some investigation into the reality of the situation.

License Commission Meeting

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.

LICENSE COMMISSION MEETING THURSDAY

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.

UNFORTUNATO’S

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

License Commission Meeting

Liquor license pulled for 2 days
Jen Meyers has details of the meeting. As always thanks Jen!

This is one of those times when you get to give credit where credit is due.
Once-upon-a-time…seems like 100 years ago I wrote this about a License Commission meeting.

I was still at work last night and listening on LTC and all-the-while thinking that this incident at the Trainview was 1. well documented 2. well investigated 3. well represented at the meeting 4. treated appropriately and fairly by the License Commission 5. The manager in charge was honest about the events of that evening.

I am not lawyer but I thought the Commissioner’s where very cautious to seperate the individual charges and made their decisions based on the law pertaining to each. In the end the Commissioner’s suspended the license for 7 days…the Trainview will be closed May -2, a Tuesday and Wednesday with the remaining days suspended for 1 year (just in case they have another incident). Hardly a harsh punishment; more of a warning to comply with the law.

LICENSE COMMISSION MEETING THURSDAY

Today’s SUN has an aritcle about this weeks meeting and the charges being brought against downtown establishments.

Can we be optimistic that the License Commission will deliver the approriate action for these violations? Considering the attendance at City Council special meeting we can certainly say that we encourage them to do so.

The License Commission agenda is not published as yet but they have another 5 hours to get it done before the deadline per the regulations.

Agenda for License Commission on March 08, 2012, 03:00 PM (pertinent parts)
-Corey Belanger of Major’s Pub, CB Enterprises, Inc., sound system for band, disc jockey, St. Patrick’s Day celebration, Saturday, March 17, 2012, 6:00 p.m. to 12:00 a.m., enclosed tent in front of 34 Jackson Street
Public hearing on the application for alteration of premises by The Middle Street Village Inc., d/b/a Village Smokehouse, all alcoholic beverages Restaurant licensee 92-98 Middle Street. (this is for outdoor seating)
-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.
-Communications/reports; From Kenneth E. Lavallee, Superintendent of Police
J & I Restaurant Incorporated, d/b/a Fortunato’s, all alcoholic beverages Restaurant licensee at 44 Palmer Street – disturbance on the licensed premises the morning of February 10, 2012, review public need in accordance with section 12 of chapter 138, MGL, to decrease hours for the sales of alcoholic beverages during the calendar week from 2:00 a.m. to 11 p.m.
-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
-From Robert Marsilia, Building Commissioner, dated February 23, 2012 re: Fortunato’s/Forty Four at Fortunato’s/Club 44

About last night…and all the other nights

Here’s a thought…everyone who has commented or has a suggestion on how we find balance…and by balance I mean let’s keep everyone in business (but hold them accountable for compliance with existing regulations) and keep residents from moving (because the city does not need another round of empty buildings)…consider attending the meeting on Thursday night so we can have a constructive conversation about our neighborhood. No rants…no pointing fingers…this is a great neighborhood and a great city…and it should be open for everyone to share. In the meantime GET OUT AND ENJOY WINTERFEST! There is soup and hot chocolate to be tasted and Human Sled Dog races to be run…kids skating at the Arena…we’ll pick this up again next week.

February 25, 2012 9:00 pm

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