City of Central Falls
Liquor Board Meeting
City Hall Council Chambers
Monday, September 18, 2000
At 6:00 P.M.
A meeting of the Central Falls Liquor Board was held on the above date in the City Hall Council Chambers at 6:10 p.m.
Councilman Leger
Councilwoman Canavan
Councilman Noury
Councilman Lazieh
Quorum present.
Councilman Lazieh chaired the meeting and led the assembly in the Pledge of Allegiance.
Regular Meeting February 14, 2000
Motion to accept and place on file the minutes was made by Councilman Noury and seconded by Councilman Leger. All Agreed. So Voted.
A. Chief Alan R. DeNaro re: Tropicana Nightclub
B. Arcaro, Belilove & Kolodney re: Objection to transfer of Bv License from West Side for outstanding debt to Rhode Island Distributing Co. $326.21.
Motion to accept collectively and place on file was made by Councilman Noury and seconded by Councilwoman Canavan.
Councilman Leger asked what exactly the Chief is looking for in his letter.
The clerk asked that the letters of objection and the release for West Side be included in the motion.
Chairman Lazieh also included a letter from Thomas Perlman, Esq. entering his appearance for Vulcao Cafe.
Motion amended by Councilman Noury to include the additional correspondences. Seconded by Councilwoman Canavan. All Agreed. So Voted.
A. Estate of Wilfred Vaudreuil & Kenneth Vaudreuil
D/b/a West Side Lounge
695 Lonsdale Ave.
to
Humberto Grajales & Jamie Yepes
D/b/a Lataberna
695 Lonsdale Ave.
Meeting opened to a public hearing.
Mr. Donald Connolley of Kendall Street commented on the trouble that there is in the area when there are bands. He commented on the difficulty in parking and parking in driveways as well as urinating on lawns by the patrons of the establishment. He stated that this is a working class neighborhood and commented that people go to bed early and are not happy when they are awakened when patrons are leaving the bar. He stated that he is against the transfer for these reasons.
Ms. Ingrid Thibeault of 66 Kendall St. spoke against transfer stating that parking, trash and noise are the reasons she opposes this transfer. She commented on broken glass from beer bottles and that this is a residential neighborhood and not a place for a bar.
Jonathan Kelley owner of the building at 72-74 Hedley Avenue and landlord to the El Rincon de Antano Inc. the cafe managed by Jaime Yepes. He stated that Mr. Yepes conducts a quiet business in the middle of a residential neighborhood on Hedley Avenue and that he does a great job in maintaining quiet. He stated that the neighbors do not complain of loud music and urinating or broken bottles in their yards he asks that the Board approve the transfer.
Chairman Lazieh closed the public hearing.
Mr. Arnold Montiquilla, Esq. was present to represent Mr. Humberto Grajales and Mr. Jamie Yepes. He assured Mr. Connolley that the applicants will patrol and police the area. He related to the Board the he had proof of payment for the outstanding bills against West Side.
Councilman Noury asked the applicants how they would address the issues raised by the neighbors.
Mr. Yepes stated that he would do the same that he is doing on Hedley Avenue.
Motion to approve was made by Councilman Noury.
Motion withdrawn.
Chairman Lazieh questioned the applicants about the partnership and the home address of Mr. Grajales. He stated that he has two questions 1. The citizenship of Mr. Yepes and the residence of the applicant. He stated that the regulations of the State are that in order for the applicant to be granted a liquor license they must be residents of the State of Rhode Island and United States Citizens.
Mr. Yepes addressed the Board and stated that he has been in business at Hedley Ave. for several years and that there have been no complaints regarding that neighbor. He stated that he runs a good business without complaint.
Chairman Lazieh questioned Mr. Yepes about the ownership of his Corporation at 72 Hedley Avenue. Councilman Lazieh questioned the applicant extensively about the residence of the applicants and questioned the City Solicitor about Mr. Grajales living outside of Rhode Island. He also questioned the citizenship of Mr. Yepes, who informed the Board that he is now a citizen. Chairman Lazieh stated that the applicant must be a resident of the State of Rhode Island which is addressed in license procedures.
Attorney Montiquilla stated that as long as one of the parties is a resident of Rhode Island the issue is addressed.
Chairman Lazieh stated that his concern is that the advertisement is for both and feels that this must be re-advertised.
Attorney Montiquilla stated that the advertisement would be important if it was advertised as a mistruth but that is not the case and that it was completely accurate.
Chairman Lazieh addressed the issue with the City Solicitor.
Councilman Noury questioned the application relative to being a single owner versus the partnership.
Action deferred to the end of the next agenda item.
B. Huckleberry's Pub Inc.
D/b/a Huckleberry's Pub
500-502 Roosevelt Ave.
to
JAM Pub Inc.
Jam Pub
500-502 Roosevelt Ave.
Public Hearing opened. No comments. Public Hearing closed.
Mr. Edward P. Manning, Esq. was present to represent JAM Pub Inc.
Mr. Motyka is a resident of Central Falls.
Chairman Lazieh questioned the Corporate Officers.
Councilman Noury moved to approve the transfer seconded by Councilwoman Canavan subject to all license requirements. Councilman Noury stated that he has known the Motyka Family for many years and wished them the best of luck with the business.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
Councilman Noury asked the Solicitor if he was ready with his opinion regarding the West Side Transfer.
The Solicitor commented on one transferee who is a resident which is not clearly stated in the law. Recommended that this be tabled a short period of time.
Attorney Montiqulla asked to amend the application to eliminate Mr. Grajales from the application and that the applicant is only Mr. Yepes.
Chairman Lazieh stated that this changes the legal notice and questioned the legality of doing this without another advertising.
The City Solicitor stated that this doesn't affect the advertising of this application and that if the applicant wishes to amend the application to eliminate one of the transferee he doesn't find this to be any legal problem.
Motion to approve the amendment to the application removing Mr. Grajales name was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilman Noury stated that he agrees that the advertisement was done correctly in that both names were properly advertised and one of them is the same individual. He also commented on the concerns of the residents who happen to live in close proximity to a neighborhood pub. He stated that it makes all the difference in the world who owns and operates this type of business. He stated that Mr. Yepes is an individual who takes care of the concerns of the business and outside his property.
Motion to approve the transfer as amended was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh no
Motion carried 3 yes 1 no 2 absent.
Liquor Board Chairman Thomas Lazieh, presented a Resolution to the former Tax Assessor Anthony Harraka, sending him best wishes on his new position.
Sale to under-aged persons:
A. Simoneau Enterprises Inc.
D/b/a City Limits
270 Broad St.
Called by Chairman Lazieh -Chairman Lazieh asked that this be taken up later in the meeting.
B. Vulcao Cafe Inc.
D/b/a Vulcao Cafe
200 Cross St.
Attorney Perlman pleaded, by written correspondence, not guilty on behalf of his clients and asked that a hearing date be scheduled.
Chairman Lazieh confirmed that a hearing will be set.
Councilwoman Canavan asked if a summons to appear should be sent to the owner of City Limits for failure to appear.
Chairman Lazieh stated that he addressed this earlier saying that he would give them until the end of this meeting to be present and if at that time they have not appeared the Board will take any action necessary to compel their attendance.
C. Orisonte Lounge Inc.
D/b/a Orisonte Lounge
674 Dexter St.
Marty Marran, Esq. of Pawtucket was present to represent Mr. Lopes. He explained that he represented the bartender of the establishment at the District Court Hearing and informed the Board that the bartender pleaded nolo.
Chairman Lazieh asked the City Solicitor if there were any previous violations. The Solicitor stated that the Clerk would have this information in her file.
The City Clerk stated that this establishment was cited for violation of serving minors on November 22, 1999 and fined $100.
Councilman Noury stated that the Board has made it a policy and have made known that it is tolerant of a first time offense but would deal more severely with any subsequent offense.
Motion to suspend for three days Thursday, Friday and Saturday and fine $300.00 was made by Councilman Noury and seconded by Councilwoman Leger.
Attorney Marran stated that in defense of his client he has taken measures to prevent this and he has terminated the bartender.
Councilman Noury stated that if there is a third offense the Board will seek suspension for 60 days and the offender can take that to the Liquor Control Administrator.
Councilwoman Canavan stated that the penalty is appropriate since the report states that the bartender did look at the ID presented. She stated that the owner must state the importance of making sure that the ID presented is proper and make sure of the dates listed on the card.
Chairman Lazieh spoke of the need and importance of TIP training.
On motion to suspend:
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
The Board discussed in detail when the suspension would commence.
Motion was made by Councilman Noury and seconded by Councilman Leger to suspend on October 5,th 6th and 7th.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
D. Club Sport Uniao Madeirense
D/b/a Madeira Club
46 Madeira Ave.
Ms. Leslie Ferreira was present and pleaded guilty with an explanation.
Chairman Lazieh questioned the licensee.
Ms. Ferreira explained that the bartender was new and did ask for an ID, which she interpreted incorrectly. Ms. Ferreira explained the measures taken to prevent this mistake in the future.
Chairman Lazieh asked if there were any previous offenses.
The Clerk responded that there were no other offenses in the file.
Motion to fine $100.00 in keeping with the Board's views on first time offenders was made by Councilman Leger and seconded by Councilwoman Canavan.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
A. Simoneau Enterprises Inc.
D/b/a City Limits
1270 Broad St.
Ann Bruen apologized for being late.
Chairman Lazieh asked how she pleaded.
Ms. Bruen stated guilty with an explanation. She gave in detail the measures she takes relative to minors and the methods she uses in copying ID's and how she will refuse if ID isn't allowed to be copied and filed with her records. She also stated that there is a sign in her establishment that clearly defines the measures she will take to determine the age of her patrons. She stated that she takes this very seriously. She questioned the period of time it has taken to bring this before the Board. She questioned the need for this type of sting. She asked why this is not being taken up with parents. She stated that the minors should be served. The businesses don't want them. She stated that she has been targeted three times. She commented on business. She stated that she runs a business that has never been known to be a nuisance. She also stated that she has contributed as a citizen and a neighbor in the Community.
Chairman Lazieh explained what actions the Board has taken with other establishments that have second offenses.
Councilwoman Canavan commented that the Police showing a presence in the establishment is not singling out this particular establishment but there seems to be a problem with under-aged drinking and this is the only way to curtail the problem. She asked if this was the same bartender.
Ms. Bruen stated that this bartender has since been fired. She stated that she takes this very seriously, she commented on the number of hours she puts into the business.
Councilman Leger stated that this establishment or any other has not been part of any disagreements between the Administration and the Board.
Councilman Noury stated that the Board requested that the issue be taken up with the District Court first before coming to the Board. He also explained the budget process and the summer schedule.
Chairman Lazieh explained that this first came to the Board's attention in late June with no Liquor Board scheduled for the summer. He further explained the process and time period.
Motion was made by Councilwoman Canavan and seconded by Councilman Noury for a three day suspension and a $300.00 fine.
Councilman Noury commented.
Councilman Leger stated that the Board has to be consistent with everyone.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
Motion was made by Councilman Noury and seconded by Councilwoman Canavan to commence the suspension on October 5th-6th & 7th.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
Councilman Noury informed Ms. Bruen that she has a right to appeal this decision to the Liquor Control Administrator. She stated that she is aware of this.
Chairman Lazieh informed the Board that present from the Police Department is Sgt. Maloney.
E. William Ayoola
D/b/a Superior Liquors
551 Dexter St.
Chairman Lazieh recused himself from any action on this matter.
Councilwoman Canavan assumed the Chair.
Councilman Noury asked for a point of order. Directing his question to the City Solicitor he asked if there is now a quorum since there are two members absent and
Chairman Lazieh recusing himself leaving only three members of the Board.
Discussion took place regarding the number of the Board.
Board recessed for 5 minutes to allow for research on the issue.
Meeting reconvened.
Chairwoman Canavan stated that the issue of Superior Liquors would be taken up at a later meeting.
Councilman Noury asked for the Solicitor's comments regarding his research.
Solicitor Briden commented that his preliminary review of Charter does not expressly state that the Mayor is a member of the Board. He stated that he needed to research this further since it is not stated in the Charter. He must then research State Law and City Ordinances. He recommend the matter be continued.
The Clerk asked if a motion can be taken if there is a lack of a quorum.
Chairwoman Canavan stated that for lack of a quorum the issue of Superior Liquors will be rescheduled.
Councilman Noury explained the situation to the Licensee.
Chairwoman Canavan returned the Chair to Councilman Lazieh.
Chairman Lazieh commented.
Councilman Leger questioned Vulcao.
Councilman Noury questioned the letter regarding the Tropicana.
Motion was made by Councilman Noury and seconded by Councilwoman Canavan to summons Tropicana Lounge before the Board for violation of operating after Hours.
Councilman Leger yes
Councilwoman Canavan yes
Councilman Noury yes
Councilman Lazieh yes
Motion carried 4 yes 0 no 2 absent.
Next meeting at the Call of the Chair.
Motion to adjourn was made by Councilman Leger and seconded by Councilwoman Canavan.
All Agreed. So Voted. Time 8:05 p.m.
___________________________
Elizabeth A. Crowley, CMC
City Clerk