February 14, 2000 - Regular Liquor Board Meeting
CITY OF CENTAL FALLS
REGULAR LIQUOR BOARD MEETING
CITY HALL COUNCIL CHAMBERS
MONDAY, FEBRUARY 14, 2000
AT 6:30 PM
A Meeting of the Central Falls Liquor Board was held on the above date in the City Hall Council Chambers at 6:30 p.m.
ROLL CALL
Councilman Leger
Councilman Noury
Councilwoman Canavan
Councilman Robichaud
Councilman Lazieh
Mayor Matthews was absent as noted for the record by Chairman Lazieh
Quorum Present.
PLEDGE OF ALLEGIANCE
Chairman Lazieh presided and led the assembly in the Pledge of Allegiance.
MINUTES OF JANUARY 10, 2000
Motion to accept and place on file was made by Councilman Robichaud and seconded by
Councilman Noury. All Agreed. So Voted.
CORRESPONDENCES
A. Central Falls Police Department re: Serving underage patrons
Motion to accept and place on file was made by Councilman Robichaud and seconded by Councilman Noury. All agreed. So Voted.
B. Police Chief Alan R. DeNaro Re: Liquor Board Hearings 
Motion to accept and place on file was made by Councilman Noury and seconded by Councilman Robichaud. All Agreed. So Voted.
C. Matthew T. Oliverio Asst. City Solicitor, To: R I Ethics Commission
Re: Advisory Opinion
Motion to accept and place on file was made by Councilman Noury and seconded by
Councilman Robichaud. All Agreed. So Voted.
D. R I Ethics Commission; re: advisory Opinion
Matthew Oliverio, Assistant City Solicitor stated that Councilman Lazieh receives rent on that business as well as the balance of the mortgage and therefore he does have and economic interest in the store. He asked does this economic interest pose a conflict should Councilman Lazieh both as Chairman And members need to participate as a member of the Board or does he simply recuse himself.
Councilman Noury commented.
Councilwoman Canavan stated that there is a simple solution to this problem in that that Councilman Lazieh himself should seek an advisory opinion as to whether he can simply recuse himself or must he withdraw as Chairman or from the Board.
Chairman Lazieh stated that this situation was a question back in 1994. He stated that he had no intention in acting on any business that has a Class A License.
Councilman Noury asked if Councilman Lazieh had any intention of seeking an advisory opinion on his own relative to this issue.
Councilwoman Canavan stated that this has been tossed around for the past 15-20 minutes and stated that this is a simple thing, get an answer from the Ethic Commission as to whether Mr. Lazieh can simply recuse himself from acting on only Class A Liquor Establishments or all Liquor Establishments.
Motion was made by Councilman Robichaud and seconded by Councilwoman Canavan that as the Central Falls Liquor Board they would request and advisory opinion relative to the issue.
Councilman Leger yes
Councilman Noury yes
Councilwoman Canavan yes
Councilman Robichaud yes
Mayor Matthews absent
Chairman Lazieh abstain
Motion carried 4 yes 1 abstain 1 absent.
CLASS F LICENSE
ST. JOSEPH'S PARISH FOR LENTEN DANCE, APPLICATION FOR CLASS F LICENSE MARCH 4, 2000, 7:30PM TO 12:00PM
Motion to approve was made by Councilman Noury and seconded by Councilman Robichaud. All Agreed. So Voted.
NOTICE OF VIOLATIONS - ARRAIGNMENT
1. WILLIAM AYOOLA D/B/A SUPERIOR LIQUORS- 551 DEXTER ST
POST 79 INC D/B/A POST 79 - 44 CENTRAL ST
GOOD FRIENDS INC D/B/A SPLASH SNACK BAR - 548 LONSDALE AVE
CENTRAL DRUG INC D/B/A CENTRAL DRUG - 1060 BROAD ST
RICHARD D DUMONT ETUX D/B/A RICK'S PUB - 271 COWDEN ST
EUGENE T LEFEBVRE VFW POST 1271
D/B/A EUGENE T LEFEBVRE VFW POST 1271 - 416 HUNT ST
VULCAO CAFE INC D/B/A VULCAO CAFE - 200 CROSS ST
All Parties were present.
Councilman Noury updated the Board on past action by the Board where each establishment has pleaded guilty and a recommendation from the Police Department of a two night suspension on a Friday and Saturday night and a $100.00 fine and that these are first time offenders.
Lt. Gamache of the Police Department gave a brief overview of each offender and the charge.
Matt Oliverio related that the offenders can please guilty-not guilty and Nolo (which means that the Party is not contesting the charge.
1. Post 79 Inc.
E. Pytka was present and entered a plea of guilty with remarks. He stated that this is the very first time this has happened and could not relate how this occurred.
Councilwoman Canavan stated that the ownership of this license is a privilege and it is the responsibility of the owner to make sure it is in full compliance with the law. She stated that in her opinion $100.00 fine is not strong enough.
Mr. Pytka stated that the bartender is TIPS trained that Post 79 was established over 55 years ago and has had a good relationship in the City and that the establishment takes the law very seriously and doesn't willfully break the law.
Councilwoman Canavan stated that a fine of $100.00 is just a slap in the hand. She reminded the Board that the Council had just passed a Resolution in support of stronger laws providing for stiffer penalties for serving to minors.
Motion to fine the establishment $ 100.00 was made by Councilman Noury and seconded by Councilman Leger.
Councilman Leger yes
Councilwoman Canavan no
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh yes
Mayor Matthews absent
Motion carried 4 yes 1 no 1 absent.
2. Rick's Pub
Mr. Dumont was present and pleaded guilty with remarks. He stated that he took exception to Councilwoman Canavan's remarks and stated that on the evening this occurred he had an unscheduled bartended on duty and that Rick's Pub does not make it a practice to serve underage persons but rather supports and encourages many youth activities in the City.
Motion to fine Rick's Pub $100.00 was made by Councilman Noury and seconded by Councilman Leger and Councilman Robichaud.
Councilman Leger yes
Councilwoman Canavan no
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh yes
Mayor Matthews absent
Motion carried 4 yes 1 no 1 absent.
3. E.T. Lefebvre Post
The Commander of the establishment was present and pleaded guilty.
Motion to fine the establishment $100.00 was made by Councilman Noury and seconded by Councilman Leger and Councilman Robichaud.
Councilman Leger yes
Councilwoman Canavan no
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh yes
Mayor Matthews absent
Motion carried 4 yes 1 no 1 absent.
4. Vulcao Cafe
Mr. Monteiro was present and pleaded guilty.
Councilman Noury asked Mr. Monteiro how long ago that he was before the Board.
Mr. Monteiro responded about 2 years ago for no hot water and poor kitchen facilities.
The Board at that time suspended this for Motion to suspend for 1 Friday night was made by Councilman Noury and seconded by Councilman Leger.
Councilwoman Canavan stated that the penalty was not strong enough.
Councilman Robichaud suggested a suspension with a fine.
Councilman Robichaud motioned to amend to a $500.00 fine. No second.
Councilwoman Canavan stated that this person violated the rules of the license motion to amend to a 3 day suspension (March 3, 4, & 5) and a $300.00.
Motion seconded by Councilman Robichaud.
Councilman Noury and Councilman Leger agreed that this sends a strong message to others and acts as a deterrent for any future violations by any establishments.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh yes
Motion carried 5 yes 0 no 1 absent.
5. Splash Snack Bar
The owner pleaded guilty and stated that she had a new bartender at the time of this incident who read the ID presented wrong.
Councilman Leger questioned the owner.
Motion to suspend for 3 days (March 3, 4, & 5th) and a $300.00 fine was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilwoman Canavan remarked to the owner that if she comes before the Board a third time the Board will revoke.
Councilman Robichaud stated that there is no excuse for this to occur.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh yes
Motion carried 5 yes 0 no 1 absent.
6. Superior Liquors
Chairman Lazieh turned the meeting over to the Vice Chairwoman Rose Marie Canavan at 8:10 p.m.
Chairman Lazieh did not participate on this matter, as Mr. Ayolla is a tenant in the building owner by Mr. Lazieh. He removed himself from the Chambers for this matter as well as the Central Drug Matter.
Mr. Ayolla was present and pleads guilty.
Motion to fine Mr. Ayolla $100.00 was made by Councilman Leger and seconded by Councilman Noury.
Councilman Leger yes
Councilwoman Canavan no
Councilman Noury yes
Councilman Robichaud yes
Councilman Lazieh recused himself and not present for this voted.
Motion carried 3 yes 1 no 1 recuse 1 absent
7. Central Drug Inc.
John Garan attorney for Central Drug entered nolo.
Motion was made by Councilman Noury to fine the establishment $100.00. Seconded by
Councilman Leger and Councilman Robichaud.
Councilman Leger yes
Councilwoman Canavan no
Councilman Robichaud yes
Councilman Noury yes
Councilman Lazieh recused himself and not present for this vote.
Motion carried 3 yes 1 no 1 recuse 1 absent.
Vice-Chairwoman Canavan returned the chair to Chairman Lazieh at 8:15 p.m.
OLD BUSINESS
none
NEW BUSINESS
none
ADJOURN
Motion to adjourn was made by Councilman Leger and seconded by Councilman Noury. All Agreed. So Voted. Time 8:16 p.m.
_____________________
Elizabeth A. Crowley, CMC
City Clerk
Interpreters for the Hearing Impaired Available upon 72 Hour Request made at the Office of the City Clerk
This Notice Posted in City Hall and Library on: Thursday, February 10, 2000.