CITY OF CENTRAL FALLS
LIQUOR BOARD MEETING
MONDAY, FEBRUARY 1, 1993
CITY HALL COUNCIL CHAMBERS AT 7:00 P.M.
A REGULAR MEETING OF THE CENTRAL FALLS LIQUOR BOARD WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL
CHAMBERS AT 7:10 P.M.
COUNCILMAN MATTHEWS
COUNCILMAN FERRI
COUNCILMAN CANAVAN
COUNCILWOMAN MOREAU
COUNCILMAN PAQUETTE
MAYOR LAZIEH
QUORUM PRESENT.
CHAIRMAN LOUIS PAQUETTE, JR. PRESIDED.
ANNUAL REPORT OF LICENSES GRANTED YEAR ENDING 12/1/92
JOHN PETRONE ESQ. RE: ALVES HEARING
ATTORNEY GENERAL'S OFFICE RE: HANNIBAL'S PUB
RAFAEL A. OVALLES, ESQ. RE: THE RIGHT CHOICE
CITY CLERK DANIEL ISSA TO CHIEF ROBERT SASSO RE: LIQUOR BOARD HEARINGS FEB. 1, 1993
MOTION TO ACCEPT COLLECTIVELY AND PLACE ON FILE WAS MADE BY COUNCILMAN MATTHEWS AND SECONDED BY COUNCILMAN CANAVAN.
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.
APPLICATION FROM ST. JOSEPH'S PARISH FOR CLASS F LICENSE FOR FEB. 13, 1993 8PM-MIDNIGHT.
MOTION TO APPROVE WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN MATTHEWS AND COUNCILWOMAN MOREAU.
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.
ANNA FIGUEORA D/B/A THE RIGHT CHOICE
CITY CLERK ISSA READ CORRESPONDENCE FROM ATTORNEY OVALLES.
ATTORNEY OVALLES COMMENTED TO THE BOARD AND OUTLINED HIS REASONS FOR THE MOTION.
COUNCILWOMAN MOREAU QUESTIONED ATTORNEY OVALLES.
ATTORNEY OVALLES RESPONDED.
COUNCILMAN FERRI COMMENTED THAT HE TOLD MRS. FIGUEORA TO HAVE LEGAL REPRESENTATION WHEN SHE FIRST CAME
BEFORE THE BOARD. HE STATED THAT HER SON INTERPRETED FOR HER AT THAT TIME. HE COMMENTED THAT HE DISPUTES
THE POINT REGARDING THE LANGUAGE DIFFICULTIES AND THAT SHE HAD REPRESENTATION AT THAT TIME. HE ALSO COMMENTED
THAT SHE DID NOT MEET THE DEADLINE SET BY THE BOARD.
ATTORNEY OVALLES COMMENTED.
COUNCILMAN FERRI STATED THAT THE BOARD HAD GIVEN HER THE OPPORTUNITY TO HAVE LEGAL REPRESENTATION.
MAYOR LAZIEH ASKED ATTORNEY OVALLES IF HAD READ THE MINUTES OF THE MEETING.
ATTORNEY OVALLES RESPONDED.
MAYOR LAZIEH RECAPPED THE EVENTS FROM THE LAST MEETING AND GAVE A BRIEF HISTORY OF FEES, THE LICENSE, AND THE
BOARD'S ACTIONS.
CHAIRMAN PAQUETTE STATED THAT THE ONLY QUESTION WAS WHETHER TO RE-OPEN THE PETITION FOR TRANSFER TO ORIGINAL
BUYER.
ATTORNEY OVALLES STATED THAT HE RESERVES THE RIGHT TO AMEND THE PETITION.
COUNCILMAN CANAVAN RECAPPED THE MOTION BY ATTORNEY OVALLES. HE STATED THAT THERE WAS NO NEW EVIDENCE
BEFORE THE BOARD, THAT AT THE TIME OF THE MEETING THERE WERE SEVERAL INTERPRETERS, INCLUDING HER MARRIED
SON, AND SHE WAS CONTINUALLY ASKED IF SHE UNDERSTOOD, THAT SHE HAD AN OPPORTUNITY SEVERAL TIMES, SHE DECLINED,
TO GET THE ADVICE OF AN ATTORNEY AND THAT THE BOARD HAS MET ITS OBLIGATIONS FAR BEYOND WHAT ANY OTHER BOARD WOULD HAVE GIVEN.
ATTORNEY OVALLES STATED THAT A NEW BUYER IS THE EVIDENCE.
COUNCILMAN CANAVAN QUESTIONED ATTORNEY OVALLES.
COUNCILMAN MATTHEWS ASKED ATTORNEY OVALLES IF HE LISTENED TO THE TAPES OF THE MEETING.
ATTORNEY OVALLES RESPONDED NO.
COUNCILMAN MATTHEWS FURTHER ELABORATED.
DISCUSSION ENSUED.
COUNCILMAN PAQUETTE COMMENTED THAT THE CITY SOLICITOR GAVE MRS. FIGUEROA AN ACCOUNT OF ALL POSSIBLE OPTION
OPEN TO HER AT THAT TIME.
MOTION TO DENY MOTION OF ATTORNEY OVALLES WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN CANAVAN.
MAYOR LAZIEH COMMENTED THAT HE FELT THE LIQUOR BOARD ACTED PROPERLY AT THE LAST TWO MEETINGS REGARDING
THIS APPLICATION, HE STATED THAT AT THAT TIME IT WAS HER CHOICE NOT TO HAVE LEGAL COUNSEL.
ATTORNEY OVALLES COMMENTED.
ROLL CALL:
COUNCILMAN MATTHEWS YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU NO
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH NO
MOTION CARRIED 4 YES 2 NO 0 ABSENT.
LIQUOR BOARD RECESSED.
RECONVENED AT 8:15 P.M.
JRJ INC. D/B/A HANNIBAL'S PUB
CITY CLERK ISSA READ CHARGES AND SUMMONS.
ATTORNEY MICHAEL HORAN, REPRESENTING JONATHAN KELLY AND JRJ INC., RELATED TO THE BOARD THAT NO CRIMINAL CHARGES WERE AGAINST BAR OWNER. ALL CHARGES WERE DROPPED. HE STATED THAT AT NO TIME DID THE CHARGES INDICATE THAT MR. KELLY WAS PRESENT AT THE TIME, HOWEVER, HE IS RESPONSIBLE FOR THE WAY HIS ESTABLISHMENT IS OPERATED.
ATTORNEY HORAN STATED THAT THE LICENSEE HAD NO PARTICIPATION IN THE ACTIVITY AND THAT THEY WON'T APPEAL IF A SATISFACTORY PENALTY IS IMPOSED.
COUNCILMAN MATTHEWS ASKED IF ANYONE WAS CONVICTED FOR THIS.
ATTORNEY HORAN STATED THAT THE FINDING SO FAR ARE FOR PROBATION VIOLATIONS. HE STATED THAT THERE WAS NO OPEN
OR VISABLE SALES AT THE TIME AND THAT THE DOGS SNIFFED OUT THE DRUGS. HE STATED THAT POLICE RECORDS INDICATE
TRANSACTIONS DID OCCUR.
COUNCILMAN MATTHEWS ASKED FUTHER QUESTIONS.
ATTORNEY HORAN RESPONDED AND STATED THAT CHARGES BY THE CITY ARE A CIVIL MATTER NOT CRIMINAL.
CHAIRMAN PAQUETTE STATED THAT THE BOARD NEEDED LEGAL COUNSEL AND RECESSED THE MEETING.
MEETING RECONVENED AT 8:30 P.M.
CHAIRMAN PAQUETTE QUESTIONED CITY SOLICITOR MUKSIAN.
COUNCILMAN MATTHEWS QUESTIONED THE CITY SOLICITOR.
CITY SOLICITOR MUKSIAN STATED THAT DISORDERLY HOUSE WOULD INCLUDE THE SALE OF DRUGS IN THE ESTABLISHMENT.
COUNCILMAN CANAVAN COMMENTED ON ATTORNEY HORAN'S OFFER TO NEGOTIATE PENALTY.
CITY SOLICITOR MUKSIAN EXPLAINED PROCEDURE AND STATED THAT COCAINE WAS THE DRUG PURCHASED IN THE ESTABLISHMENT ON TWO SEPERATE OCCASIONS BY DRUG ENFORCEMENT AGENTS.
ATTORNEY HORAN STATED THAT AT NO TIME WAS THE OWNER OF PREMISES IN PRESENCE AND CHARGES AGAINST HIM WERE DROPPED.
COUNCILMAN CANAVAN STATED THAT A FULL HEARING ON THIS MAY NOT BE NECESSARY.
CITY SOLICITOR MUKSIAN AGREED.
MOTION WAS MADE BY COUNCILMAN CANAVAN TO FOREGO A FULL HEARING OF THIS CASE AND SECONDED BY MAYOR LAZIEH.
COUNCIL DISCUSSION ENSUED.
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.
MOTION WAS MADE BY COUNCILMAN CANAVAN THAT A FOUR DAY LICENSE SUSPENSION BE IMPOSED.
MAYOR LAZIEH ASKED THAT MOTION BE WITHDRAWN SO THAT A VOTE OF GUILTY OR INNOCENT MAY BE TAKEN.
COUNCILMAN CANAVAN WITHDRAWS MOTION.
MOTION WAS MADE BY MAYOR LAZIEH AND SECONDED BY COUNCILMAN CANAVAN TO FIND JRJ INC. GUILTY OF FAILING
TO MAINTAIN AN ORDERLY HOUSE.
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.
MOTION WAS MADE BY COUNCILMAN CANAVAN AND SECONDED BY MAYOR LAZIEH TO SUSPEND FOR 4 DAYS THE CLASS BV LICENSE OF JRJ INC.
DISCUSSION ENSUED.
MEETING RECESSED AT 8:50 P.M.
RECONVENED AT 9:00 P.M.
COUNCILMAN MATTHEWS RECAPPED EVENTS AND STATED THAT HE DIDN'T THINK THE A PENALTY OF 4 DAYS WAS ENOUGH
ALTHOUGH HE DOESN'T FEEL THAT THE LICENSEE WAS INVOLVED IT WAS IN HIS OPINION TO LIGHT A PENALTY.
COUNCILWOMAN MOREAU ALSO AGREED THAT THE PENALTY WAS NOT ENOUGH. SHE STATED THAT SUCH PENALTIES WERE STIFFER IN THE PAST. SHE WILL VOTE NO.
MAYOR LAZIEH COMMENTED.
ROLL CALL:
COUNCILMAN MATTHEWS NO
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU NO
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 4 YES 2 NO 0 ABSENT.
CHAIRMAN PAQUETTE ASKED TO SET DAYS THE SUSPENSION IS TO BEGIN.
ATTORNEY HORAN AGREED TO WAIVE RIGHT OF APPEAL.
MOTION WAS MADE BY COUNCILMAN CANAVAN AND SECONDED BY MAYOR LAZIEH TO COMMENCE THE SUSPENSION AT 6:00 A.M. TUESDAY FEB. 2, 1993 TO 1 AM OF FEB. 6, 1993.
ROLL CALL:
COUNCILMAN MATTHEWS NO
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILWOMAN MOREAU NO
COUNCILMAN PAQUETTE YES
MAYOR LAZIEH YES
MOTION CARRIED 4 YES 2 NO 0 ABSENT.
MAYOR LAZIEH COMMENTED THAT CLEANING AND MAINTENANCE ARE ALLOWED BUT NO SERVING OF ALCOHOLIC BEVERAGES ARE ALLOWED DURING THIS TIME.
CHAIRMAN PAQUETTE SUGGESTED THAT LICENSEE CONFER WITH THE CHIEF OF POLICE SO THAT THIS TYPE OF INCIDENT IS NOT ALLOWED TO HAPPEN AGAIN.
NO OLD BUSINESS.
CITY CLERK ISSA REQUESTED THAT APRIL 1 , 1993 BE SET FOR MEETING ON TRANSFER OF LICENSE.
MOTION TO ADJOURN WAS MADE BY COUNCILMAN FERRI AND SECONDED BY COUNCILMAN CANAVAN. ALL AGREED SO VOTED.
TIME 9:15 P.M.
_____________________
DANIEL J. ISSA
CITY CLERK