City of Central Falls
Liquor Board Meeting
City Hall Council Chambers
At 6:00 P.M.
November 20, 2000
A Meeting of the Central Falls Liquor Board was held on the above date in the City Hall Council Chambers at 6:26 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Robichaud
Councilman Lazieh
Quorum present.
Chairman Lazieh presided and led the Assembly in the Pledge of Allegiance.
November 6, 2000
Motion to accept and place on file was made by Councilman Leger and seconded by Councilman Robichaud. All Agreed. So Voted.
Pizza & Bakery La Sorpresa Inc.
D/b/a La Sorpresa I
498 Broad St.
to
Pizza & Bakery La Sorpresa Inc.
D/b/a La Sorpresa II
725 Dexter St.
Chairman Lazieh opened the meeting to a public hearing.
Mr. Robert Weber of 531 Hunt St., Central Falls commented on the map provided by the City Clerk's office and the second map provided by the Planning Department. He commented about the confusion relative to the maps. He stated that regardless of this, the fact remains that the Community Center does provide day car service. He spoke of the area of the license and stated that this is a very populated area and that many children must pass by this area on their way to school.
Councilwoman Canavan stated that she researched the issue and found that the Community Center does not provide day care but it does have an after school
program for children 6 years and over. The program provides arts & crafts etc. She stated that the Community Center is working on a morning program. She then stated that the State Law does not mention anything relative to day care facilities.
Mr. Weber stated that because the Community Center does not call it a day care doesn't mean that it isn't. He stated that he doesn't feel that school aged children should be exposed to an establishment that serves alcohol.
Mr. Jose Diaz of Botanica Olofi stated that his business is right next door to the Mr. Munoz's new restaurant and he stated that his business would be the most affected but that he doesn't oppose this transfer and wishes Mr. Munoz well. He also pointed out that prior to Mr. Munoz building on that lot it was empty and a hangout area for teenagers and drug users and other things. He spoke in favor of the transfer.
Mr. Louis Najjar a business owner across the street from this establishment and Mr. Munoz's insurance provider stated that he has known the applicant for some time and that he is a responsible property owner who will deal with any difficult situations in a proper manner. He spoke in favor of the transfer.
Mr. William Sanchez owner of a business at 661 Dexter St. related that he has known the applicant for many years and that Mr. Munoz has owner the business and his home in Central Falls for at least ten years without any problems. He spoke in favor of the transfer.
Mr. Richard Cruise owner of Cruise Carpets stated that he is not opposed to Mr. Munoz or the business. He stated that he is concerned with parking and stated that people are afraid to travel on Dexter Street. He asked the Council where is this going and he spoke of the change on Dexter Street in the past ten years.
Mr. Munoz owner of La Sorpresa stated that he has his home in Central Falls and well as his business in Central Falls, he related that he works hard and pays his taxes. He also stated that he is TIPS trained and that he will be no problem for the City. He stated that his business on Broad Street presents no problems and stated that his business on Dexter Street will not pose any problems. He asked that the Board grant the transfer.
Public Hearing Closed.
Chairman Lazieh stated to the applicant that there would only be one license for La Sorpresa and that there would be no alcohol served at the Broad Street business once the license is transferred to Dexter Street. He asked the applicant if he understood this.
Matthew Oliverio gave his opinion relative to the law and the location of the business as it related to serving alcoholic beverages.
Councilwoman Canavan addressed the concerns of Mr. Weber and stated that given the size of the City children pass by these establishments on a daily basis no matter where in the City they attend School.
Chairman Lazieh stated to the applicant to be a good neighbor.
Motion to approve the transfer of location was made by Councilwoman Canavan and seconded by Councilman Robichaud.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Robichaud yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
License transfer granted subject to all City and State regulations for the sale of Beer & Wine only.
Councilwoman Canavan clarified the 200' rule with the Liquor Control Administrator's Office and stated that it applies to the corner of the building to the corner of the building. She stated that the Broad Street location is beyond 200' of St. Basil's Church since it would be from the corner of the Church to the dividing wall at La Sorpresa and not the property line of each.
Chairman Lazieh stated that the B Ltd. License at the Broad Street location would no longer be at that location. He reminded the Applicant of this.
William Ayoola
D/b/a Superior Liquors
551 Dexter Street
Sale to underage persons.
Chairman Lazieh recused himself and turned the meeting over to the Liquor Board Vice Chair Canavan.
Chairwoman Canavan asked Sgt. Maloney to comment on the charges.
Sgt. Maloney explained that on March 17, 2000 the Police Department conducted a sting operation at various establishments throughout the City. Several establishments violated 3-8-1 of the Rhode Island General Laws "Serving underage persons." He explained that many plead out in District Court.
William Ayoola, owner of Superior Liquors stated that he pleads guilty with an explanation. He said that he doesn't serve minors and that in this case he did ask for an ID. He also stated that it is a matter of his word against the Police Department and that on the advice of an Attorney he pleaded guilty in District Court but he repeated that he did ask for ID.
Councilman Robichaud stated that the gentleman in question is present.
Chairwoman Canavan commented.
Councilman Robichaud continued to question Mr. Ayolla.
Mr. Ayolla responded.
Assistant Solicitor Matthew Oliverio showed a copy of the ID to the Board members.
Chairwoman Canavan stated that it very clearly shows the date of birth as 1981.
Motion to suspend for a period of 3 days (Thursday, Friday & Saturday) and fine $300.00 was made by Councilman Leger and seconded by Councilman Robichaud.
Assistant Solicitor Oliverio recommended the suspension and stated that Mr. Ayolla already paid a fine in District Court. He did state that it would be up to the discretion of the Board.
Councilman Leger yes
Councilman Robichaud yes
Councilwoman Canavan yes
Motion carried 3 yes 0 no 2 absent 1 recuse
Chairwoman Canavan stated that a liquor store generally attends to its patrons on a one to one basis unlike a bar and since this is the case it should be easier for the owner to look closely at any identification presented to them.
Motion to commence the 3-day suspension on December 7, 8th and 9th was made by Councilman Robichaud and seconded by Councilman Leger.
Councilman Leger yes
Councilman Robichaud yes
Councilwoman Canavan yes
Motion carried 3 yes 0 no 2 absent 1 recuse.
Chairwoman Canavan returned the Chair to Councilman Lazieh.
Vulcao Cafe Inc
D/b/a Vulcao Cafe
200 Cross St.
Sale to underage persons
Attorney Thomas W. Perlman was present to represent Fernando Monteiro.
Attorney Perlman stated that Mr. Monteiro was a schoolteacher from the country he originated from and that he mainly serves to the old timers from his country and not young people.
Sgt. Maloney from the Central Falls Police Department explained the charges and the events that led to them. He stated that he has as a witness the undercover agent and Police Officers involved in the operation.
Councilman Leger asked if this is a second offense.
Attorney Perlman questioned the identification presented. He stated that Mr. Monteiro asked the customer what his age was because he wasn't a regular customer. He commented on the language barrier and that his client stated that the person did not look that young. Attorney Perlman stated that his client would accept a 3 day $300.00 fine but asked that the 3 days be 3 Mondays in January 8, 15, 22, 2001. He asked that the suspension not take place during the busy time since Mr. Monteiro is a family man and needs to support them.
Councilwoman Canavan asked if Mr. Perlman's client is pleading guilty.
Attorney Perlman stated that he would change the plea to nolo.
Board members questioned previous offenses.
Attorney Perlman objected to the introduction of previous offenses.
Councilman Leger stated that he is not comfortable in making a decision if there were other violations in the past three years and that it is fair and reasonable to investigate this before making a decision.
Attorney Perlman urged the Board to settle this matter at this meeting.
Motion to table was made by Councilman Leger and seconded by Councilwoman Canavan to the next Meeting of the Board. All Agreed. So Voted.
Jimbo's Cafe Inc
D/b/a Tropicana Nightclub & Restaurant
134-138 Cowden St.
Serving Alcoholic Beverages after 1:00 a.m.
Mr. Salazar was present and pleaded not guilty.
Chairman Lazieh stated that he would schedule a Hearing at a future meeting.
Motion to accept and place on file was made by Councilman Leger and seconded by Councilman Robichaud.
Councilman Leger thanked the City Clerk for the detailed report.
All Agreed. So Voted.
None
Councilman Leger commented on the letter from Chief DeNaro.
Sgt. Maloney presented the undercover agents to the Board.
Motion to adjourn was made by Councilman Leger and seconded by Councilwoman Canavan.
All Agreed. So Voted. Time 7:34 p.m.
__________________________________________________
Elizabeth A. Crowley, CMC
City Clerk
Interpreters for the Hearing-Impaired Available upon 72 hour Notice made at the Office of the City Clerk.
This Notice Posted in the City Hall and Library on: 09/06/1
9/6/1 2:30 pm