Lowell licensee told to return May 15 after law-department memo on 'furnishing' under M.G.L. ch. 138 § 34

The Lowell City Licensing Commission acknowledged a memorandum from the law department clarifying the use of the word "furnishing" in Mass. General Laws chapter 138, section 34, and told a licensee with inquiries that a public hearing has been scheduled for May 15, when the matter will be heard.

Nick Petrakis told the commission he had received the memorandum and thanked the city solicitor for the clarification. Petrakis said he had faced repeated administrative inquiries and that previous visits by the Alcoholic Beverages Control Commission (ABCC) and local police had resulted in no violations; he said the publicity had harmed business and asked whether he would have to appear again. "Do I have to come in again?" Petrakis asked.

Commission Chair Howe and other commissioners replied that the commission could not discuss matters not on the current agenda and that the public hearing scheduled for May 15 would provide an opportunity for the licensee to be heard. The chair said the commission was following Robert's Rules and the advertised hearing schedule and therefore Petrakis must appear on the advertised date. No disciplinary or enforcement action was decided at the May 1 meeting.

Petrakis raised concerns about requests for payroll and employee records during prior inquiries and said he believed those requests were unnecessary; the commission noted it could not address those procedural questions outside the scheduled hearing. The commission moved on to its next agenda item after giving Petrakis an opportunity to speak.