Licensing commission refers review of minors-in-bars rules to law department and fines Village Smokehouse

At its May 15 meeting the Lowell Licensing Commission voted to refer to the city law department a review of local alcohol-licensing rules that members said may allow minors to enter premises that operate as bars, and the commission found the Middle Street Village Incorporated (doing business as the Village Smokehouse) in violation of state and local laws and assessed monetary fines.

Commissioners voted unanimously to ask the law department to research whether changes are appropriate to the city code, the commission’s alcoholic-beverage regulations and the licensing scheme to address minors entering establishments that operate more like bars than restaurants.

The referral motion was moved by Commissioner Donahue and seconded by Commissioner Mercier; the motion carried 5–0.

The referral grew out of a communication from Superintendent of Police Gregory Hooten dated May 13 about compliance-check allegations at local licensees and a broader discussion after a violation hearing involving Middle Street Village Inc., d/b/a the Village Smokehouse (98 Middle Street). The hearing addressed allegations from March 29, 2025, including a claimed failure to comply with Massachusetts General Laws chapter 138, section 34 (the furnishing/serving statute) and section 1.06 of the Lowell liquor license regulations.

Travis Jacobs, counsel for the licensee, urged the commission to consider the statutory standard for proving a Section 34 violation. Jacobs said, “To prove that a licensee has violated that statute, you have to show that they knowingly sold, or intentionally sold alcoholic beverages to an underaged person,” and described the Smokehouse’s cooperation history and security practices, including use of ID scanners and a secondary-ID policy for out-of-state driver’s licenses.

Investigating officer Detective Danny Perrin testified the doorman the night of the compliance check told officers he was the only person checking IDs, said he was familiar with fake Massachusetts IDs and said the venue’s policy was to photograph out-of-state IDs with a secondary form of identification. Perrin said that when officers asked to see photographs of the two Connecticut IDs seized that night, “he didn’t really give us an explanation as to why it was not on the phone.”

City Solicitor (Solicitor) Woods advised the commission that the body has authority under its liquor regulations to assess monetary fines. He also cited precedent and model instructions, noting that for some furnishing prosecutions “knowledge of age is not required” under certain criminal jury-instruction interpretations, citing Commonwealth v. Multavo as a point of reference for legal distinctions discussed in the hearing.

After hearing testimony and argument, a commissioner moved the factual finding that the licensee violated both Massachusetts General Laws chapter 138, section 34 (service of alcohol to minors) — the motion identified five minors in the incident — and section 1.06 of the Lowell liquor license regulations. The motion proposed a $200 fine for each violation; another commissioner seconded. On a 5–0 roll-call vote the commission assessed $200 per violation (two violations) for a total of $400. The commission directed staff to submit the appropriate paperwork to the Alcoholic Beverages Control Commission (ABCC) on the commission’s behalf.

Commissioners and counsel also discussed a prior day held in abeyance that is still pending on appeal before the ABCC; the solicitor advised treating the pending appeal as though it were not yet a final violation for purposes of the commission’s current action.

Separately, the commission considered and approved a motion to allow the Village Smokehouse to participate in the McNeil charity pub crawl on June 21, 2025. That motion passed after a second and a voice vote.

Commissioners and police who spoke at the meeting emphasized the public-safety concerns raised by commingling of underage high-school students and college-age patrons late at night. Commissioner Donahue said the commission should consider regulatory changes to protect minors and to protect legitimate businesses from liability. The commission’s referral to the law department is intended to produce a written report and recommendations on possible ordinance or regulation changes.