CITY OF CENTRAL FALLS
LIQUOR BOARD MEETING
CITY HALL COUNCIL CHAMBERS
FRIDAY, MAY 24, 1996
AT 4:30 P.M.
A MEETING OF THE CENTRAL FALLS LIQUOR BOARD WAS HELD ON THE ABOVE DATE IN THE CITY HALL COUNCIL CHAMBERS AT 4:33 P.M.
COUNCILMAN FARRELL
COUNCILMAN FERRI
COUNCILMAN CANAVAN
COUNCILMAN WEBER
COUNCILMAN AUNCHMAN
QUORUM PRESENT.
CHAIRMAN AUNCHMAN PRESIDED.
SUMMONS TO APPEAR FOR VIOLATIONS OF RHODE ISLAND GENERAL LAWS:
3-8-5 SELLING OR SUFFERING TO BE SOLD OR DELIVERED ALCOHOLIC BEVERAGES TO A
PERSON OR PERSONS WHO HAVE NOT REACHED HIS OR HER TWENTY-FIRST (21ST) BIRTHDAY;
3-5-23 ALLOWING THE ESTABLISHMENT TO BECOME DISORDERLY SO AS TO ANNOY &
DISTURB THE PERSONS INHABITING OR RESIDING IN THE NEIGHBORHOOD THEREOF; AND
3-7-7 ALLOWING ALCOHOLIC BEVERAGES TO BE SOLD OR SERVED AFTER 1:00 O'CLOCK A.M.
ATTORNY JOHN GARAN WAS PRESENT REPRESENTING THE SALAZAR FAMILY.
MATTHEW OLIVERIO REPRESENTING CENTRAL FALLS POLICE DEPT.
ATTORNEY OLIVERIO COMMENTED ON THE PACKETS OF THE INCIDENTS REPORTS AND OTHER MATERIALS. THE FOCUS WILL BE ON INCIDENTS THAT OCCURED ON MAY 10TH OF THIS YEAR. COMMENTED ON OTHER INCIDENTS.
CHAIRMAN AUNCHMAN ASKED IF THE BOARD IS READY TO PROCEED.
COUNCILMAN FERRI ASKED WHEN THE ATTORNEY WAS RETAINED.
MR. SALAZAR RESPONDED ABOUT 5 DAYS AGO.
POINT OF ORDER: ITEMS: EXHIBIT #1 SUMMONS
EXHIBIT # 2 - PACKET OF INFORMATION
EXHIBIT #3 SUMMARY OF VARIOUS VIOLATIONS PREPARED BY DETECTIVE DESMARAIS.
EXHIBIT # DEPT. OF HEALTH FORENSIC REPORT.
ATTORNEY GARAN PRESENTED EXHIBIT ON BEHALF OF HIS CLIENTS.
SGT. JOHN DESMARAIS WAS SWORN IN BY CITY SOLICIOR JAMES BRIDEN.
PROSECUTOR OLIVERIO QUESTIONED SGT. DESMARAIS AS FOLLOWS:
QUESTION: HOW LONG HAVE YOU BEEN EMPLOYED BY THE C.F.P.D.
ANSWER: 15 YEARS.
SGT DESMARAIS STATED THAT HE WAS ASSIGNED BY CHIEF MOFFAT TO DETAIL A REPORT.
JOHN DESMARAIS GAVE A SUMMARY OF THE INCIDENTS.
QUESTION: HOW MANY REPORTS OR INCIDENTS IN THE PAST YEAR- FROM JUNE 1995.
ANSWER: 23 REPORTS.
QUESTION : DID ANY RESULT IN ARREST. ANSWER: YES
QUESTION WHAT WAS THE NATURE AND TYPES OF ARREST.
ANSWER: GUNSHOTS, FIGHTS , UNDERAGED DRINKING.
ATTORNEY JOHN GARAN OBJECTS TO THIS TYPE OF QUESTIONING: SAID THIS IS CUMMULATIVE AND GOES BACK TO ANCIENT HISTORY, ITS PURLY HEARSAY, TRAFFIC ON COWDEN ST. THIS IS A TOTAL SHOT GUN APPROACH.
THERE IS A PARTICULAR INCIDENT AND NOT FOR THE YEAR.
WE ARE PREPARED FOR THE INCIDENT OF MAY 10 AND ARE READY TO DEBATE THAT INCIDENT AND TO CO-OPERATE WITH THIS BOARD. BUT TO GO BACK FOR A WHOLE YEAR.
MATTHEW OLIVERIO STATED THAT THERE IS NO TIME LIMIT, GIVE THIS BOARD A FLAVOR FOR THE TYPE OF EVENT, VARIOUS WAREING OF THE POLICE CEPARTMEHT BRING THIS TO THE ATTENTION OF THE BOARD WASN'T THE FIRST TIME THAT THIS WAS SERVED TO UNDERAGED MINORS SO THAT THEY CAN BE WILL INFORM
ATTORNY GARAN AGUED THAT TO CALL SOMEONE BELIGENET, MINORITY BUSINEES THERE ARE WEDDING IN THE CLUB GOOD ACTIVITIES THERE DOES NOT XERVE THE BOARD PURPOSE. IF YOUY WASN TO DISCUSS , HAPPENED AN EMPLOYEE AT THE CLUB, WHO HAS BEEN ACCUSED, CASE IN DISTRICT COURT.
MATTHEW OLIVERIO
CHAIRMENA DULY NOTED, CONTINUE.
SSGT DESMAARAIS UNDERAGED DRINKING, DISTURBANCES OPEN AFTER HOURS,
DID YOU SPEAK WITH OFFICER, JD3 OFFICER
MAY 10 5 PEOPLE WERE SERVED ALCOHOL-A WERE UNDER THE AGE OF 21\
5 ARREST, ALSO EMPLOYEE , 5 IN FAMILY COURT.
SUMNMARY OF INCIDENTS EXHIBIT #3
ATTORNEY GARAN OBJECTS TO INTRODUCTION, SHOULD NOT BE CONSIDER BY BOARD.
M OLIVERIO AGUED THAT EVIDENCE ACCEPTED BY CHAIRMAN
ATTORNEY GARAN -OWNERES OF THE NIGHTCLUB ALWAYS COOPERATIVE, HERE IN A COOPERATIVE MODE, REVIEW YOUR SUMMARY,
WITH REGARD MAY 10 INCIDENT OF THEI SYEAR WHAT TIME DID IT PROCEDDD
ACCORDING TO REPORT 11:04 P.M. OFFICER WENT TO BAR WAS THERE A COMPLAINT. OR CALL IN
WHAT WAS FOUND..5 PEOLE AGE 18-2/17 ONE 16 1 14. EMPPLOYEE CHARGED..18 POSSESSION OF ALCOHOL OTHERS IN FAMILY COURT. EMMPLOYEE STILL PENDING
18 YEARS OLD =NOLO CONTENDRE 500.00 FINE. IN DISTRICT COURT.
WHAT OTHER FINDING MADE IN CLUB THAT NIGHT
SGT DESMARIAS NOT THERE. OTHER OFFICERS.
THATS ALL EXHIBIT 4 & 5 SUMMISION FORM EXHIBIT 4
PRESENCE OF ALCOHOL- RESULTS 5 - ALL FIVE SPECIMEN
RETURNED AS ALCOHLOL.
SGT MORAN- SWORN BY CITY SOLICITOR BRIDEN
JOSEPH P. MORAN CFPD 12 YEARS
FAMILIAR WITH NIGHT CLUB - YES
VISIT THE CLUB - PURPOSES 6 OR 7 UNDERAGED DRINKING.. FIGHTS..
WAS THIS A ROUTINE MATTER-PAST FEW MOTHNS CHECK NUMEROUS BARS AND NIGHT CLUBS. ENTERD THE CLUB 25-35.. DESCRIBED THE CONDITION AT THE BAR.
HOW YOU DISCOVED THIS PERSON WAS UNDER 21..HAD A BEER IN FRONT - NO ID.. GAVE HIS NAME AT DOB.
REPORT AS PART OF EXNIBIT ONE.
SPOKE WITH MRS. SALAZAR ASKED IF SHE KNEW THAT THERE WERE PERSON UNDER THE AGE OF 21.FIRST OCCASION . NO
A FEW OTHER OCCASIONS. IN YOUR OPINION - PROBLEM HE SEE 1:AM
CLOSING 2:11 2:18 AM PATRONS...
ATTORNEY GARAN ASKED IF THERE WERE ANY CHARGES BROUGT
GO THERE ROUTELY. NO CHARGES
ON YOUR OBSERVATION OF THE BAR DIMLY LIT,
DO SOME CLUB HAVE DIM LIGHTING..OTHER CLUB ALSO HAVE THIS LIGHTING.
NO CHARGES BROUGTH OF PREWVIOUS INCIDENTS . YOU INTERVIEWD THE 17 YEAR OLD. DO YOU KNOW HOW HE WAS SERVED..THE BAR MAID.
WHAT KIND OF APPEARANCE...DID HE LOOK YOUNG.
HE WAS YOUNG LOOKING...NOT DRINKING THE BEVERAGE,,,BUT IN HIS POSSESSION.
DID YOU INTERVIEW BAR MAID...YES AT THE STATION,
LISA RODRIGUES INFORMED THE OFFICERS, MRS. SALAZAR TOLD HER TO
SERVE, WORKING UNDER THE TAVLE...FORCED TO SERVE THEM.
COUNCILMAN CANAVAN ASKED SGT. DESMARAIS..ARE THERE ANY OTHER BAR OR NIGTH CLUYB THAT YOU REFER TO AS NUMEROUS AS THIS ONE..
JM-NOT OT KNOWLEDGE.
COUNCILMAN AUNCHMAN ASKED HOW THE OFFICER CAME TO BE THERE
ROUTINE.. MAKLE SURE COMPLYING WITH LIQUOR LAWS.
NO QUESTION. ANY WRITEN WARING..VERBAL INCIDENT REPORT CONTAINED IN EXHIBIT..WITH EXCEPTION ON MAY NO ARREST.
COUNCILMAN FARRELL ASKED WHY THIS HAS NOT BEEN BROUGHT SOONER.
MATT O. INCIDENT CULMUTIVE FACTOR
ATTORNEY GARAN...UNUSUAL TO CUMULITIVE..SPECIFIC CHARGE
UNDER DUE PROCCESS...USUALLY NOT PROCEDURE..
COUNCILMAN CANAVAN DIFFERS.
WERE ANY FORMAL CHARGES..THIS CULMULATED..IS IT YOUR SUGGESTION.
COUNCILMAN FERRI WILL BE TREATED FAIRLY.
CHAIRMAN QUESTIONED ATTORNEY GARAN.
OFFICER TAGER- SWORN IN BY CITY SOLICITOR BRIDEN. CFPD-9 YEARS
MAY 10 1996 VISIT TROPICANA ROUTINE-UNDERAGE DRINKERS..TABLE OF YOUTHS, HAS APPEARANCE OF BEING UNDER 21.
ALCOHOLIC BEVERAGE..FUZZY NAVEL-14 YEAR OLD GIRL
QUESTIONED TO THEIR AGE.
14-16-17-18 PLACE UNDER ARREST.
WAITRESS-ALICIA RODRIGUES: FEMALE WITH BLACK HAT..GOING OUT BACK DOOR..OWNER AT BAR TOLD HER TO LEAVE.
ARRESTED HER, PROCESSED HER, INFORMED HER THAT MRS. SALAZAR TOLD HER TO SERVE THAT TABLE.
FIGHTS, UNDERAGE DRINKER, DRUG ACTIVITY, DRINKIN IN THE BACK,
WHAT NIGHTS..FRIDAY & SATURDAYS,
ATTORNEY GAREN ASKED IF BAR MAID WOULD BE QUESTIONED TODAY.
CHIEF MOFFATT SWORN BY SOLICITOR.
CFPD-CONSULTANT JULY 95-SWORN AUG. 32 YRS AS POLICE OFICER.
FAMILIAR THROUGTH REPORTS.
PRIOR CONVERSATION, ABOUT FILING IN JAN., AND FEB.
WHY UNTIL THIS LAST INCIDENCE , EXPLAINED,
MAKE OWNER AWARE OF THE REPORTS..
SAT PERSONALLY WITH MR. SALAZAR AND SPOKE ABOUT THESE
INCIDENTS ALSO WITH COMMANDER LEGENZA AND CAPT. MCDERMOTT.
FEEL ANY COOPERATION: BASED ON LAST INCIDENT.
NO COOPERATION.
WHAT REMEDY-CHIEF SOME SANCTIONS TO ASSURE THAT THIS STOPS,ENOUGH TEENAGERS ON THE STEETS ETC.
CAN AFFORD THAT TYPE OF POLICING. 4 TIMES IN A NIGHT..OTHER PARTS OF THE CITY NOT BEING PATROLLED.. GO WITH EVERYBODY AT TAX PAYERS EXPENS.. NOT LOOKDING TO TAKE THIS MAN'S LIVLIHOOD AWAY, SANCTIONS SOMETHING SEVERE.
ATTORNEY GAREN: FAMILY OPERATION AS FAR AS YOU KNOW?
YES: FAMILIAR WITH SUMMARY REPORT.. SEVERAL OF THESE INCIDENT
SECOND PAGE HIGHLIGHT..911 INCIDENT UNFOUNDED...
CHIEF EXPLAINED UNFOUNDED.
COWDEN STREET ARE THERE NO OTHER ..
CO YOU KNOW OF YOUR KNOWLEDGE..SALAZAR'S HAVE ASKED HER TO TAKE A LEAVE.
POSITIVE SUGGESTION-DETAIL OFFICER, SINCE THIS INCIDENT.
COUNCILMAN CANAVAN HOW LONG CF ABOUT 8 MONTHS...
NOT FOCUSING ON THIS CLUB, PARKS, RECREATION ETC.
LESS THAN A YEAR MET 3 TIMES AND PHONE..
BEEN TO EVERYONE..
HAD NOT HAD TO SIT AT ANY TIME.
M OLIVERIO REST.
RECESS FOR 5 MINUTES.
ATTORNEY GAREN:
M. OLIVERIO- RECOGNIZE CITY BRING TO THE ATTENTION FO THE OWNERS THE SEVERITY OF THIS PROBLEM. NOT LOOKING TO
REVOKE.
TOO SEVERE..5 YEARS . POLICE DEPRT. RECOMMENDS SUSPENSION FOR A PERIOD OF ONE MONTH DETAIL FRIDAY AND SATURDAY NIGHTS.
ONE MONTH SUSPENSION SUFFIEIENT.
RECOMMEND.
COUNCILMAN CANAVAN-RIINTERLOCAL RISK-PLACE AT THE LOCATION
POSSIBLE.
ATTORNEY GAREN-SALAZAR ARE HERE IN THE SPIRIT OF COOPERATION.
TERMS OF SUSPENSION.. MANY NIGHT 5 OR 6 MANY NIGHTS.
SPOKE OF FIRE ETC.
CONSIDER OTHER OPTIONS. WOULD TRY TO RESOLVE ALONG THOSE.
COUNCILMAN FERRI COMMENTS HAVE BEEN BEFORE THIS BOARD SEVERAL TIMES BEFORE. OWNER IS RESPONSIBLE FOR EMPLOYEE..LIQUOR LAWS THAT HAVE TO BE OBEYED. STUDIES THIS REPORT. OFFICERS SHOULD BE PROTECTED.
RECOMMEND THAT THE CLUB BE CLOSED. LIKE JULY 4TH WEEKEND.
30 DAY SUSPENSION JUNE 6-JULY 8TH.
ON DEC. 1, OF EVERY YEAR..MUST BE PROVEN. AT THIS TIME THIS BOARD WILL TAKE. CONSIDER RECORD ON DEC. 1 MADE MOTION. SECOND FARRELL.
DETAIL OFFICER FRIDAY AND SAT. FARRELL.
COUNCILMAN CANVAN COMMENTED. YOU HAVE BEEN WARNED ENOUGH TIMES.
UNFAIR TO OTHER BUSINESS AND OTHER TAX PAYERS WOULD HAVE MADE IT STRONGER THAN THAT...WARNING YOU IF YOU COME BACK BEFORE WILL VOTE TO REVOKE THE LICENSE...UNFAIR THAT THIS BOARD TO COME OVER AND OVER AGAIN.
FOR THE RECORD MR. SALAZAR SECOND TIME BEFORE THE BOARD.
EXPLAINED TO THE BOARD. NEVER MET 3 TIME WITH CHIEF.
TELEPHONE OUTSIDE THE BUILDING.
SPOKE ON HIS OWN BEHALVE
COUNCILMAN FARRELL YES
COUNCILMAN FERRI YES
COUNCILMAN CANAVAN YES
COUNCILMAN WEBER YES
COUNCILMAN AUNCHMAN NO ANYBODY WHO COMES BEFORE THIS BOARD SHAME ON US FOR A SECOND TIME. ABIDE BY OUR
RULE.
COUNCILMAN FERRI KEEP IN MIND DEC. 1 ANY LICENSE OWNER HASN'T BEEN WORTHY.
LIENCY IS THE 30 DAYS.
CLAIFY.
IDEAL CAFE - KINDLY KEEP THEIR DOOR CLOSED.
MOTION TO ADJOURN CANVAN FARRELL TIME6:00 P.M.
HEARING
JIMBO'S CAFE INC.
C/O JAMES SALAZAR
134-138 COWDEN ST.