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Home My WebLink About00 Licensing 082824 Draft Minutes TOWN OF BARNSTABLE Licensing Authority David Nunheimer, Chair ● John Flores, Vice Chair ● Larry Decker, Clerk ● Nancy Karlson-Lidman ● Jessica Sylver Town Council Vice President, Craig Tamash - Liaison Licensing Authority Meeting Minutes The Barnstable Licensing Authority will hold a Public Meeting on Wednesday, August 28, 2024, at 10:00 a.m. at Barnstable Town Hall, in the James H. Crocker Jr. Hearing Room, 2nd Floor, 367 Main Street, Hyannis. CALL TO ORDER – Introduction of Board Members and Staff Members Present: David Nunheimer, John Flores, Larry Decker, Nancy Karlson-Lidman, Jessica Sylver Staff Present: David Anthony, Officer Chris Kelsey, Erin Logan PUBLIC COMMENT – Chair Nunheimer opened the meeting to public comment; seeing none, he closed public comment. ANNUAL ELECTION OF OFFICERS Acting Chair Nunheimer asked if there any nominations for chair Motion: Flores moved to nominate Nunheimer to the position of chair. So voted, aye, unanimous. Chair Nunheimer asked for nominations for vice chair? Motion: Decker moved to nominate John Flores to the position of vice chair. So voted, aye, unanimous Chair Nunheimer asked for nominations for clerk? Motion: Flores moved to nominate Larry Decker to the position of clerk. So voted, aye, unanimous. APPROVAL OF MINUTES – Decker moved, seconded by Flores, to approve the July 2024 minutes as printed. So voted, aye, unanimous. NEW BUSINESS 1. Amend All Alcohol Common Victualler License – Change of Manager Continued from July 24, 2024 An application has been filed Not Your Average Joe’s, Inc. dba Not Your Average Joe’s, 793 Iyannough Road, Hyannis, to amend the alcohol manager from David Hamill to Moriah Belle Bassett. Moriah Belle Bassett was present on behalf of Not Your Average Joe’s. Nunheimer confirmed with Ms. Bassett that she has 16 years of industry experience noting that she had been serving alcohol since she was 18 years old. She oversees staff to ensure they are trained to serve and not overserve. At this time, she has been employed by Not Your Average Joe’s for four years. Decker confirmed with Bassett that she is currently TIPS certified. Bassett also advised that she oversees 14 staff members. Kelsey confirmed with Bassett that her title is general manager. Motion: Decker moved, seconded by Flores, to approve the application for Not Your Average Joe’s, Inc. dba Not Your Average Joe’s, 793 Iyannough Road, Hyannis, for a change of manager from David Hamill to Moriah Belle Bassett. So voted, aye, unanimous. 2. New Special One Day Entertainment License An application has been filed by AWAKEN to hold “AWAKEN” event to be held on September 14, 2024, starting at 6:30 p.m. at 744 West Main Street, Hyannis. The applicant is seeking an entertainment license for live performing arts (singing). Olga Smith was present to represent AWAKEN. Smith advised AWAKEN is a non-profit, faith-based organization geared towards youth. Karlson-Lidman confirmed with Smith that they hope to have 500 people in attendance. Officer Kelsey recommended two police details due to the anticipated crowd size. Chair Nunheimer called for public comment; seeing none, he closed public comment. Motion: Decker moved, seconded by Flores, to approve the application for AWAKEN for a special one-day entertainment license at 744 West Main Street, Hyannis, as submitted noting the requirements for two police details. So voted, aye, unanimous. 3. New Special One Day Alcohol License An application was filed by Treasured Life Initiative Inc. to hold, “Road to Resiliency Fundraiser Auction”, at 529 Main Street, Hyannis, on November 2, 2024, from 5:30pm to 9:00pm. The applicant proposes to serve all-alcohol beverages. Current TIPS certificate is on file. Jen Hevenor was present to represent Treasured Life Initiative. Hevenor advised this is a fundraising event is to bring awareness to sex trafficking crimes. The goal is open a safe home on the Cape for survivors. Flores asked Hevenor about the prevalence of this matter on the Cape; Hevenor noted that Children’s Cove reported that there are currently 65 open cases on Cape. Chair Nunheimer called for public comment, seeing none he closed public comment. Motion: Decker moved, seconded by Flores, to approve the application for Treasured Life Initiative for a special one-day alcohol license as submitted. So voted, aye, unanimous. 4. New Special One Day Entertainment License An application was filed by Pop Up Street Cape Cod, 278 Main Street, Hyannis, for a special one-day entertainment license for the “Global Flavors Market” event scheduled on September 6, 2024, from 4:00 p.m. to 9:00 p.m. Zavia Empey was present to represent the application. Empey advised that Pop Up Street Cape Cod is a cultural hub that provides space for local artists to display their work. She is seeking a one-day entertainment license. Motion: Decker moved, seconded by Flores to approve the application for Pop Up Street Cape Cod, 278 Main Street, Hyannis for a special one-day entertainment license as submitted. So voted, aye, unanimous. 5. (5) New Special One Day Entertainment Licenses An application was filed by Cirque Entertainment VI, LLC dba Paranormal Cirque III, to hold “Paranormal Cirque III”, in the parking lot of the Cape Cod Mall, addressed as 180 Falmouth Road, Hyannis. The applicant proposes to have 5 special one day entertainment licenses for live performing arts, including amplified recorded music. The event will be held as follows: Thursday, August 29 7:30pm Friday, August 30 7:30pm and 9:30pm Saturday, August 31 3:30pm, 6:30pm, and 9:30pm Sunday, September 1 2:30pm, 5:30pm, and 8:30pm Monday, September 2 7:30pm Alina Patrana is present to represent The Paranormal Cirque. Alina is the general manager. The performances include acrobats and dancers, this is not a traditional circus, there will not be any animals. Nunheimer confirmed with Patrana that this is the first event for Paranormal Cirque on Cape Cod. Kelsey confirmed with Patrana that there are 32 employees working at this event. Kelsey noted that next year they will need to provide details pertaining to all employees including 1099 employees. Motion: Decker moved, seconded by Flores, to approve the application for Cirque Entertainment LLC dba Paranormal Cirque III for five special one-day entertainment licenses, as submitted noting the requirement for two police details per show. So voted, aye, unanimous. 6. Amend Farmery Brewery Pouring License - Outdoor Dining Expansion An application has been filed by Cape Cod Beer, Inc. dba Cape Cod Beer, 1336 Phinney’s Lane, Barnstable, to expand the outdoor dining area to include up to 250 seats on the currently licensed 6,700 sq. ft. patio. Todd Marcus was present to represent this application. Logan advised the Authority Members that since the July 2024 meeting, Cape Cod Beer was able to complete the site plan review process and was approved for 250 seats outside. Motion: Decker moved, seconded by Flores, to approve the application for Cape Cod Beer, Inc. dba Cape Cod Beer, 1336 Phinney’s Lane, Barnstable, for an outdoor dining expansion to include up to 250 outdoor seats, as submitted. So voted, aye, unanimous. 7. New Special One Day Alcohol License An application has been filed by Puritan Cape Cod, 408 Main Street, Hyannis, to hold “Campaign for Hyannis Public Library” a wine tasting fundraising event, to be held on September 12, 2024, from 5:00pm to 7:00 p.m. Wine will be poured by TIPS certified individuals. Andrea McArthur was present to represent Puritan Cape Cod. McArthur proposes to host a wine tasting event at the store. Wine will be poured by Andrea Pendergast of Cape Cod Package Store – she is TIPS certified. Chair Nunheimer called for public comment, seeing none, he closed public comment. Motion: Decker moved, seconded by Flores, to approve the application for Puritan Cape Cod, 408 Main Street, Hyannis, for a special one-day wine license, as submitted. So voted, aye, unanimous. PUBLIC HEARINGS 1. New Daily Live & Daily Non-Live Entertainment License An application has been filed by Harborview Hotel Investors, Inc. dba Hyannis Harbor Hotel, including Blue Water Grille, 213 Ocean Street, Hyannis for a daily live, and daily non-live entertainment license. Daily non-live entertainment to include 3 TV’s and recorded music below conversation level from 12:00 p.m. to 12:00 a.m. Daily Live Entertainment to include live amplified music, up to 3 performers. Proposed hours of live entertainment are daily from 12:00 p.m. to 12:00 a.m. Samir Wakilzada Hyannis Harbor Hotel proposes to have daily live and daily non-live entertainment. Nunheimer proposed to limit the live entertainment to 10:00 p.m. Wakilzada was hoping for a midnight license. Officer Kelsey noted that as recently as this year, we have begun limiting outdoor entertainment to 10pm on Ocean and Main Streets. Kelsey noted that the Barnstable Police regularly receives complaints. Kelsey suggested extended the live entertainment hours on Friday and Saturday nights only. Nunheimer expressed the desire to remain consistent and recommended approval of live entertainment from 12pm to 10pm and allow for entertainment until 11pm on Friday and Saturday nights. Nunheimer called for public comment. Seeing none he closed public comment. Motion: Decker moved, seconded by Flores, to approve the application for Harborview Hotel Investors, Inc. dba Hyannis Harbor Hotel including Blue Water Grille, for a daily live and daily non-live entertainment license as amended to reflect live entertainment ending at 10pm Sunday through Thursday and 11pm on Friday and Saturday nights. So voted, aye, unanimous. 2. New Annual Innholder Wine & Malt License An application has been filed by LCOF Hyannis Operating, LLC dba Anchor In, 1 South Street, Hyannis, for a new annual innholder wine & malt license. Proposed alcohol license manager is Eva Beshay. Proposed daily hours of alcohol service are 11:00 a.m. to 11:00 p.m. Application includes a management agreement with Linchris Hotel, Corp., 225 Water Street, Plymouth, with respect to the food and beverage operations. Tyler Hensler of UCD Law and Eva Beshay were present to represent Anchor In. Hensler advised the Anchor In propose to serve beer & wine. They have been in operation for over 50 years. Beer & wine will be served by front desk staff. All staff members will be TIPS certified. Hensler confirms that Beshay is a US Citizen and resident of the State of Massachusetts and has been the General Manager since 2021. Hensler continued by noting that Lincris Hotel Group is the operating arm of the operations. The applicant is seeking approval for a management agreement as well. There is a discussion about the alcohol leaving the premises and making its way to the boats that are on slips. Hensler advised the alcohol is not permitted at the slips. Nunheimer suggests that the applicant post signage indicating that alcohol may not leave the premises. Motion: Decker moved, seconded by Flores to approve the application for LCOF Hyannis Operations, LLC dba Anchor In, 1 South Street, Hyannis, for a new annual innholder wine & malt license which includes a management agreement with Linchris Hotel, Corp of 225 Water Street, Plymouth, as submitted. So voted, aye, CORRESPONDENCE 1. Request from Hyannis Lodge #1549 B.P.O. Elks dba Hyannis Elks, 852 Bearse’s Way, Hyannis, to open at 9:30 a.m. on October 20, 2024, for an early New England Patriot game. Chair Nunheimer advised that he needs to recuse himself from this application. Nunheimer appointed member Jessica Sylver to vote in his absence. Patrick Anastasia & Wendy Marino were present to represent the Hyannis Elks. The Elks are looking to 9:30am on October 20, 2024, with alcohol service beginning at 10am (per Mass General Law), for an early New England Patriot game; they want to open in time for kick-off. Marino noted that this is a pancake breakfast for Hero’s in Transition. Motion: Decker moved, seconded by Flores to approve the request submitted by Hyannis Lodge #1549 BPO Elks dba Hyannis Elks to open at 9:30am on Sunday, October 20, 2024, noting that the doors may open at 9:30am but there shall not be any alcohol service until 10:00 a.m. as requested. So voted, aye, unanimous. CONSENT AGENDA Officer Kelsey expressed concern with the traffic with respects to the application for King’s Grant Racquet Club and recommended one police detail. Motion: Decker moved, seconded by Flores, to approve the consent agenda amended to include one police detail at the event hosted by King’s Grant Racquet Club. So voted, aye, unanimous. 1. Renewal - Special One Day Alcohol An application was filed by Marston’s Mills Library, 2160 Main Street, Marstons Mills, to hold “Meet The Artists” event on September 21, 2024, from 5:00pm to 7:00pm. Alcohol will be poured by TIPS certified staff. 2. Renewal - Special One Day Alcohol An application was filed by Osterville Free Library dba Osterville Village Library, 43 Wianno Avenue, Osterville, to hold “OVL Author Talk – Bunny Mellon Style Book” event on September 13, 2024, from 5:30pm to 7:30pm. The applicant proposes to serve wine during this event. A current TIPS certificate is on file. 3. Renewal - Special One Day Alcohol & Entertainment/Temporary Extension of Premises An application was filed by King’s Grant Racquet Club, Inc. King’s Grant Racquet Club, 12 Old Kings Road, Cotuit, to hold “Cotuit Oyster Festival” on September 28, 2024, from 1:00 p.m. to 6:00 p.m. The application proposes to serve alcohol and provide a four-piece live band courtside. 4. Renewal - Special One Day Alcohol An application was filed by Cape Cod Package Store, Inc. dba Cape Cod Package Store, 1954 Main Street, Marstons Mills, to hold “Argentinian Asado”, an 85th Anniversary celebration of Cape Cod Package Store to be held on October 5, 2024, from 4pm to 8pm. Wine will be poured by BAT certified employees of Cape Cod Package store. LICENSING UPDATES 1. Licensing Authority & Division Updates – There are no matter to discuss currently. 2. Police Department Updates – Officer Kelsey noted that there have been numerous noise complaints lately (due to loud entertainment). Chair Nunheimer would like to have a general discussion about the entertainment hours. He noted that the public is entitled to come in and speak in opposition. Logan advised she will provide a report with respects to the entertainment hours for all licensed establishments. Next two meetings: September 25, 2024, and October 23, 2024 ADJOURNMENT – Decker moved to adjourn the meeting at 11:06 a.m., so voted, aye, unanimous. Licensing Authority Clerk, Larry Decker Recording Secretary, Erin Logan