Last night the Cambridge License Commission heard requests from an MIT fraternity to increase its official housing capacity and modify the resident advisor requirement.

The commission also heard a complaint regarding two tour companies that serve Cambridge.

Members of the MIT fraternity Gamma Kappa Sigma requested a license change that would increase the number of members allowed to live in their house from 39 to 47. The fraternity also requested that an undergraduate be able to serve as their resident advisor instead of a graduate student as is currently required by the city.

Marshall Brenizer, the fraternity's spokesperson, said the house, located at 407 Memorial Dr., could hold more people than the current license allows.

In fact, Brenizer said 52 people are currently living in the house.

License Commission Chair Benjamin C. Barnes chastised the group for housing more members than the law allows.

"We do have some potential public safety hazards," added cambridge Police Department Captain and License Commissioner Henry W. Breen. "I don't want to be malfeasant in my duty."

Ron Phelan, the fraternity's resident advisor, said the new license was an "issue of financial stability."

"If 47 students live in the house as opposed to 35, the living rate will be more affordable," Phelan said.

John Seeger, MIT's secretary of housing, testified that the house was originally built to hold 50 members.

Barnes, however, would not budge, claiming that, "If [the fraternity] is in violation of the license, they should be forced into compliance."

A city official will look at the house's plans at 1:30 p.m. today and determine how many people the building can safely house.

If it is determined that the fraternity is housing too many members, those over the limit will be forced to clear out by 2 p.m. today.

Commissioners also denied the fraternity's request for an undergraduate resident advisor, hinting at MIT's problemswith alcohol and alluding to last year's bingedrinking death of first-year fraternity pledgeScott Krueger.

In July, MIT announced as part of its crackdownon binge drinking that all fraternities,sororities and independent living groups wouldneed an adult residential advisor for the fallterm.

"If you're going to have a person living withyou to watch you, then it's going to have to besomeone responsible," Barnes said.

The commission also deliberated on whether thestaff of Discover Boston on the Freedom Trail,Inc., had harassed customers planning to takealternative trolley tours.

According to a letter filed by a disgruntledCambridge Center Marriott customer, a driver ofthe Discover tour persuaded her that the trolleyshe was taking was actually operated by acompetitor.

However, the person who filed the complaint didnot appear before the commission so the complaintcould not be verified.

John Collier, Discover's counsel, said thewhole problem "simply stems from competition" andthat Discover "does not deserve this."

The final decision on the complaint waspostponed until today