CITY OF CENTRAL FALLS
SPECIAL LIQUOR BOARD MEETING
CITY HALL COUNCIL CHAMBERS
NOVEMBER 16, 1992
A SPECIAL MEETING OF THE CENTRAL FALLS LIQUOR BOARD WAS HELD IN THE CITY HALL COUNCIL CHAMBERS AT 7:01 P.M.
COUNCILMAN MATTHEWS
COUNCILMAN FERRI
COUNCILMAN CANAVAN
COUNCILWOMAN MOREAU
COUNCILMAN PAQUETTE
MAYOR LAZIEH
QUORUM PRESENT.
CHAIRMAN LOUIS PAQUETTE, JR. PRESIDED.
DEFERRED NOV. 9, 1992
CHAIRMAN PAQUETTE INFORMED THE BOARD THAT THE CITY SOLICITOR WILL NOT BE PRESENT DUE TO ILLNESS.
MOTION TO TABLE WAS MADE BY COUNCILMAN MATTHEWS AND SECONDED BY MAYOR LAZIEH. (MAYOR LAZIEH SECONDED FOR
PURPOSE OF DISCUSSION)
MAYOR LAZIEH ASKED THE BOARD TO APPROVE THE B V LICENSES EXCEPT FOR THE 2 IN QUESTION.
COUNCILMAN MATTHEWS EXPLAINED HIS REASON FOR MOTION TO TABLE HE STATED THAT THE QUESTION BEFORE THE BOARD WAS WHETHER A KITCHEN IS REQUIRED AND HE ASKED FOR A LEGAL OPINION ON THE MATTER.
MAYOR LAZIEH COMMENTED.
COUNCILMAN MATTHEWS COMMENTED.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI NO
COUNCILMAN CANAVAN NO
COUNCILWOMAN MOREAU NO
COUNCILMAN PAQUETTE NO
MAYOR LAZIEH NO
MOTION DIES 1 YES 5 NO 0 ABSENT.
MOTION TO APPROVE COLLECTIVELY WITH THE EXCEPTION OF THE POLONAISE CLUB AND RIGHT CHOICE WAS MADE BY
MAYOR LAZIEH AND SECONDED BY COUNCILMAN CANAVAN.
ROLL CALL:
COUNCILMAN MATTHEWS NO
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU YES
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 5 YES 1 NO 0 ABSENT.
CHESTER ARCISZ D/B/A POLONAISE CLUB
399 HIGH ST. CLASS BV LICENSE
CITY CLERK ISSA READ SUMMONS.
CITY CLERK ISSA READ CORRESPONDENCE FROM FIRE CHIEF DATED NOV. 9, 1992 AT REQUEST OF THE CHAIR.
CHARLES WHITE, ATTORNEY FOR MR. ARCISZ, ADDRESSED THE BOARD AND STATED THAT THERE WERE NO FIRE CODE VIOLATIONS
ON THE CLUB.
CHIEF COUTU COMMENTED.
COUNCILMAN CANAVAN COMMENTED.
CHESTER ARCISZ ADDRESSED THE BOARD EXPLAINED THE CURRENT STATUS OF THE BUILDING SINCE THE FIRE. HE STATED THAT
FIRE EXCAPES HAVE BEEN REWELDED AT A COST OF $800 BY ACE FABRICATION. HE COMMENTED THAT THERE IS A DISPUTE
OVER THE FREE STANDING FIRE ESCAPE AND THAT HE HAS APPLIED FOR A VARIANCE.
ATTORNEY WHITE STATED THAT FIRE ESCAPES HAVE NOTHING TO DO WITH THE CLUB.
FIRE CHIEF COUTU STATED THAT THERE WERE VIOLATION ON THE CLUB AND GAVE DETAILS.
COUNCILWOMAN MOREAU ASKED THE FIRE CHIEF IF HE WOULD APPROVE JUST THE CLUB.
CHIEF COUTU EXPLAINED THE PROBLEM.
COUNCILMAN CANAVAN COMMENTED.
COUNCILMAN FERRI COMMENTED.
COUNCILMAN MATTHEWS COMMENTED.
MAYOR LAZIEH QUESTIONED MR. ARCISZ CONCERNING THE RENEWAL.
CHARLES PYTEL, MINIMUM HOUSING DIRECTOR STATED THAT THERE WERE HOUSING CODE VIOLATIONS, PLUMBING AND ELECTRICAL.
MAYOR LAZIEH COMMENTED.
COUNCILMAN MATTHEWS MOTIONED THAT LICENSE BE RENEWED SUBJECT TO STATE FIRE MARSHALL'S APPROVAL AND HOUSING
APPROVAL. SECONDED BY COUNCILWOMAN MOREAU AND COUNCILMAN CANAVAN.
MR. PYTEL COMMENTED.
COUNCILMAN MATTHEWS COMMENTED.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU YES
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 6 YES 0 NO 0 ABSENT.
ANA FIGUEORA D/B/A THE RIGHT CHOICE
27 PHILLIPS ST. CLASS BV LICENSE
SUMMONS READ BY CITY CLERK ISSA AT THE REQUEST OF THE CHAIR.
CHAIRMAN PAQUETTE QUESTIONED MRS. FIGUEORA.
MRS. FIGUEORA RESPONDED THAT THE BUILDING IN WHICH HER BUSINESS WAS LOCATED HAS BEEN CLOSED AND SHE IS
LOOKING FOR ANOTHER LOCATION OR TRANSFER.
CHARLES PYTEL CONFIRMED THAT THE BUILDING IS CONDEMNED AND BOARDED UP.
COUNCILWOMAN MOREAU QUESTIONED THE CONDITION OF THE BUSINESS.
CHIEF ROBERT SASSO, CENTRAL FALLS POLICE DEPARTMENT COMMENTED.
COUNCILMAN FERRI QUESTIONED MRS. FIGUEORA.
MAYOR LAZIEH QUESTIONED MRS. FIGUEORA.
CHARLES PYTEL EXPLAINED THAT THE BUILDING WAS FORECLOSED BY THE BANK.
CHAIRMAN PAQUETTE COMMENTED ON THE OVERDUE ELECTRIC BILL.
MRS. FIGUEORA STATED THAT THE BILL WOULD BE PAID.
COUNCILMAN MATTHEWS COMMENTED.
COUNCILMAN FERRI STATED THAT THE LICENSE IS GOOD UNTIL NOVEMBER 30TH AND THEN WOULD BE VOID UNLESS ACTION WAS TAKEN BEFORE THEN.
COUNCILWOMAN MOREAU COMMENTED.
COUNCILWOMAN MOREAU MOTIONED TO DEFER. SECONDED BY COUNCILMAN CANAVAN AND MAYOR LAZIEH.
COUNCILMAN FERRI MADE A RECOMMENDATION.
CHAIRMAN PAQUETTE EXPLAINED THE STATUS OF THE LICENSE TO MRS. FIGUEORA.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU YES
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 6 YES 0 NO 0 ABSENT.
J.R.J. INC.
D/B/A HANNIBAL'S PUB
72 HEDLEY AVE.
MAINTAINING A DISORDERLY HOUSE
CITY CLERK ISSA READ SUMMONS.
MICHAEL HORAN, ESQ. ATTORNEY FOR J.R.J. COMMENTED ON MR. KELLY'S COURT ARRAIGNMENT AND REQUESTED THAT THE
CRIMINAL CHARGES BE HEARD FIRST. HE ALSO REQUESTED THAT ACTION ON THIS BE CONTINUED. HE EXPLAINED THAT THE
PRE-ARRAIGNMENT WOULD BE ON JANUARY 13 AND ARRAIGNMENT WOULD BE ON JANUARY 21 IN SUPERIOR COURT.
MAYOR LAZIEH REFERRED TO HIS LETTER AS PUBLIC SAFETY DIRECTOR AND STATED THAT AS THE CITY SOLICITOR IS ILL
WITH THE FLU HE WOULD RECOMMEND THAT THE CITY DEFER ACTION UNTIL COURT CASE IS SETTLED.
CHAIRMAN PAQUETTE COMMENTED.
MAYOR LAZIEH RECOMMENDED THAT THE ESTABLISHMENT BE PLACED ON PROBATION UNTIL MATTER IS RESOLVED.
MOTION WAS MADE BY COUNCILMAN CANAVAN THAT ACTION BE DEFERRED UNTIL CALL OF THE CITY SOLICITOR. SECONDED BY
COUNCILWOMAN MOREAU.
MAYOR LAZIEH COMMENTED.
CHIEF SASSO COMMENTED.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU YES
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 6 YES 0 NO 0 ABSENT.
JOHN ALVES III
D/B/A JOHN'S PUB
309 BROAD ST
PER ORDER OF LIQUOR CONTROL ADMINISTRATION CITY CLERK ISSA READ LIQUOR CONTROL ADMINISTRATIOR'S DECISION.
ATTORNEY JOHN PETRONE WAS PRESENT TO REPRESENT MR. ALVES.
MR. PETRONE ADDRESSED BOARD.
COUNCILMAN FERRI QUESTIONED MR. PYTEL.
MR. PYTEL STATED THAT HE DISAGREED WITH LIQUOR ADMINISTRATOR'S DEFINITIONS AND DETERMINATION OF A
DAY CARE.
CORRESPONDENCE FROM MAGGIE SMITH, DIRECTOR OF THE YWCA DATED NOVEMBER 16, 1992 WAS ENTERED INTO THE RECORD.
COUNCILWOMAN MOREAU QUESTIONED MR. PYTEL ON THE DAY CARE SHE ALSO QUESTIONED JOHN PETRONE.
COUNCILMAN CANAVAN COMMENTED.
MAYOR LAZIEH COMMENTED REGARDING HEARING AND EXPERIENCE OF MR. ALVES.
MR. ALVES RESPONDED THAT HE RAN AN ESTABLISHMENT IN CUMBERLAND CALLED THE CUMBERLAND GAP FOR 3 YEARS AND
THAT HE HAS BEEN IN THE NATIONAL GUARD FOR THE PAST 22 YEARS.
MAYOR LAZIEH QUESTIONED MR. ALVES FURTHER.
CITY CLERK ISSA READ A CORRESPONDENCE FROM CHIEF L. DITANO OF PAWTUCKET DATED MARCH 6, 1992 AT THE REQUEST
OF MAYOR LAZIEH.
COUNCILMAN VIERA OF PAWTUCKET WAS PRESENT.
CHAIRMAN PAQUETTE QUESTIONED MR. ALVES.
COUNCILMAN FERRI COMMENTED.
COUNCILMAN MATTHEWS COMMENTED.
COUNCILMAN WILLIAM VIERA OF PAWTUCKET SPOKE AGAINST THE GRANTING OF THIS LICENSE.
MR. WILLIAM MURRAY OF BARTON ST. NEIGHBORHOOD ASSOC. SPOKE AGAINST GRANTING THE LICENSE.
MR. ALVES RESPONDED.
MR. TED LEWICKI OF CENTRAL FALLS SPOKE AGAINST THE GRANTING OF THE LICENSE.
VIRGINIA MIRANDA OF DEXTER ST., PAWTUCKET COMMENTED AGAINST THE LICENSE.
MR. DEVONIS OF BARTON ST., PAWTUCKET SPOKE AGAINST THE LICENSE.
MR. ALVES RESPONDED TO EACH OF THE PARTIES SPEAKING AGAINST THE LICENSE.
CHAIRMAN PAQUETTE COMMENTED ON A CHURCH IN THE BUILDING.
PUBLIC HEARING CLOSED AT 9:36 P.M.
CHIEF SASSO ADDRESSED THE BOARD AND STATED THAT THE CITY DID NOT NEED ANOTHER LIQUOR ESTABLISHMENT.
CHARLES PYTEL, MINIMUM HOUSING DIRECTOR STATED THAT HE HAD QUESTIONS ON THE BOUNDRY LINE AND THAT THE CHURCH
QUESTIONED NEEDED INVESTIGATION STATING THAT HE HAD NO CERTIFICATE OF OCCUPANCY FOR THEM.
COUNCILMAN FERRI COMMENTED ON THE SPORTS PUB AND THAT CONSIDERATION MUST BE GIVEN TO THE RESIDENTS IN THE AREA.
COUNCILMAN MATTHEWS COMMENTED.
COUNCILMAN CANAVAN QUESTIONED TWO USES FOR ONE PIECE OF PROPERTY. HE ASKED IF THERE WAS A GAS STATION REQUEST FOR THE SAME PROPERTY.
CHARLES PYTEL STATED THAT THE GAS STATION WAS ABANDONED FOUR YEARS AGO.
COUNCILWOMAN MOREAU QUESTIONED THE STATE STATUTES REGARDING PLACING A LIQUOR LICENSE NEAR GROUP HOMES,
SHELTERS FOR WOMEN AND CHILDREN ETC. SHE ASKED THE CITY CLERK IF HE WOULD LOOK INTO THE MATTER.
ATTORNEY JOHN PETRONE GAVE A CLOSING SUMMARY ON BEHALF OF HIS CLIENT MR. ALVES.
CHAIRMAN PAQUETTE ASKED THAT THE LETTER FROM MISS SMITH AND PETITIONS BE ACCEPTED AND PLACED AS EVIDENCE.
COUNCILMAN MATTHEWS COMMENTED.
MOTION WAS MADE BY COUNCILWOMAN MOREAU TO DENY THE LICENSE BASED ON THE FOLLOWING REASONS:
1. ITS PROXIMITY TO A SCHOOL.
2. ITS PROXIMITY TO A SHELTER FOR ABUSED WOMEN AND CHILDREN.
3. THE WISHES OF THE NEIGHBORS.
4. THE SIGNED PETITION AGAINST THE LICENSE
5. ABUTTORS OBJECTIONS.
MOTION SECONDED BY COUNCILMAN FERRI.
DISCUSSION:
MAYOR LAZIEH AGREED THAT THERE ARE TOO MANY LIQUOR ESTABLISHMENTS IN THE CITY BUT THE CITY ALSO HAD A
RESPONSIBILITY TO THE LAW. HE STATED THAT THE BOARD MUST DEFEND ITS ACTIONS IN ORDER FOR IT TO BE LEGAL. HE STATED THAT THE BOARD NEEDED THE DEFENSE TOOLS. HE STATED THAT TO DATE NO REBUTTAL TO MR. ALVES ABILITY TO RUN THE ESTABLISHMENT WAS PRESENTED TO THE BOARD. HE COMMENTED ON THE LIQUOR CONTROL ADMINISTRATOR'S RETURNING THIS MATTER TO THE LIQUOR BOARD ON APPEAL.
COUNCILWOMAN MOREAU COMMENTED.
COUNCILMAN MATTHEWS COMMENTED.
COUNCILWOMAN MOREAU STATED THAT SHE HAD GIVEN FOUR REASONS TO DENY; ONE THE SCHOOL ISSUE; TWO THE SHELTER FOR BATTERED WOMEN AND CHILDREN; THREE THE AREA ASSOCIATION HAS CLEANED THE NEIGHBORHOOD AND FOUR THE PETITION OF OBJECTORS.
MAYOR LAZIEH COMMENTED THAT THE BOARD HAS NOT MET ITS OBLIGATIONS.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU YES
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH NO
MOTION TO DENY CARRIED 5 YES 1 NO 0 ABSENT.
MOTION TO ADJOURN WAS MADE BY COUNCILMAN MATTHEWS AND SECONDED BY MAYOR LAZIEH. ALL AGREED. SO VOTED.
TIME 10:27 P.M.
________________________
DANIEL J. ISSA, CITY CLERK