CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF SHOW CAUSE HEARING
BROWNIE'S BAR & GRILLE
ENTERTAINMENT LICENSE
TUESDAY,
The City Council meets in Special Session in the Council Chamber on Tuesday, July 27 1999, for a Show Cause Hearing on the Entertainment License of Brownie's Bar & Grille, due to several complaints from neighbors about violations of the license stipulations.
Present:
Mayor Joseph S. Larisa, Jr. ) Council Members
Peter F. Midgley )
Norman J. Miranda
Patrick A. Rogers )
William J. Conley, Jr ) City Solicitor
Valerie A. Perry ) City Clerk
Absent:
Rolland R. Grant
The meeting is called to order at 7:35 p.m. by Mayor Joseph S. Larisa, Jr.
The Invocation is led by Mayor Larisa.
The Salute to the Flag is led by Councilman Midgley.
Lori Merolla, Merandi Reporting, is present to record the proceedings of the public hearing.
Attorney Daniel Chaika, representing the licensee, objects to the form of notice sent to his client. He says the notice fails to point to any specific issues.
Mr. Conley states that the Council, after hearing all the evidence, must make determination as to whether good cause has been shown to revoke the Dance/Entertainment license. The good cause must be based upon reasons by evidence introduced at the hearing. He goes on to say that the Council voted on July 6, 1999 to hold a Show Cause Hearing because of an increase of neighborhoodcomplaints of loud music and noise emanating from the establishment, related directly to the Dance/Entertainment license. He says it would seem the notice was extremely specific as to what the nature of the neighborhood complaints were and as to what Mr. Brown was being asked to respond to this evening. The notice was sent out on July 9, 1999, giving everyone ample time to prepare for the hearing.
He also states that Attorney Dan Silva called him requesting a continuance because he would be on vacation. Mr. Conley says he told him he had no authority to do so, that it must come from the Council. Mr. Conley also says that his staff did everything they could to provide Mr. Chaika with whatever material they had.
Mr. Chaika notes his objections to the standards of the notice.
Lt. Walter H. Barlow, Jr., is sworn in. He states for the record that Attorney Dan Silva called him today to ask if there was a package of material, and Lt. Barlow told him there was one in the City Solicitor's office. He says that prior to today, he had not received a motion for discovery, a subpoena, or request for records. He reviews a report of 27 calls to service between February 16, 1999 and July 17, 1999 to Brownie's Bar & Grille.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to make the Police report part of the Record. [Exhibit #1 - Incident Report 8/1/98 - 7/17/99]
Mr. Chaika notes his objection to the Exhibit. He also notes that this report is different from the one obtained from Mr. Conley's office earlier today.
Mr. Chaika questions why there were no citations issued and if the Police Department had measured the noise with a decibel meter.
Mr. Rogers asks Lt. Barlow how this number of incidents compares with those at other establishments in the City, and he is told the number is very high.
Discussion is held on the type of music in question. Mr. Conley states that there is a stipulation on the license that any and all amplified music end at midnight. But, as to the Karaoke music, there was testimony on record that it was much louder, therefore the stipulation was placed that Karaoke music be no louder than a reasonable decibel level approved by the Police Department.
Officer Paul Rodrigues is sworn in and reports on Incident 99-1644-OF.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to make the Police Report part of the record. [Exhibit #2 - Incident Report #99-1644-OF 4/10/99]
Mr. Chaika notes his objection to the report.
Officer Jeffrey Perry is sworn in and testifies about his observations of loud music coming from the establishment.
Officer Michael J. Grant is sworn in and reports on Incident #99-2537-OF.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to make the report part of the record.[Exhibit #3 - Incident Report #99-2537OF 5/26/99]
Mr. Chaika notes his objection to the report.
On motion of Mr. Midgley, seconded by Mr. Rogers, it is unanimously VOTED to make excerpts of the April 16, 1996, October 15, 1996, November 7, 1996, January 7, 1997, and July 15, 1997 minutes of the City Council meetings part of the record.[Exhibit #4 - Excerpts of Council Minutes re: Brownie's]
The meeting recesses at 9:17 p.m. and reconvenes at 9:25 p.m.
Officer Brian Mulvey is sworn in and testifies.
Mr. Miranda states that he has a petition from the neighbors and asks that it be made part of the record.
On motion of Mr. Miranda, seconded by Mr. Rogers, it is unanimously VOTED to make the petition part of the record. [Letter from Fernando Medeiros to Councilman Miranda with neighbor's signatures]
The meeting is open to public comment.
Thirteen witnesses are sworn in and testify as to their complaints:
Richard Cabral 22 Birch Street
Paulo Silva 30 Birch Street
Suzette Silva 30 Birch Street
Warren Souza 73 Waterman Avenue
Mary Cardoso 20 Birch Street
Diane Medeiros 180 Summit Street
Peggy Faria 201 Summit Street
Gary Belvin 14 Birch Street
Joe Cardoso 20 Birch Street
Maria Cardoso 20 Birch Street
Mr. Costa 14 Birch Street
John Medeiros [Letter from John & Maureen Medeiros to Council members]
42 Haliburton Road
Fernando Medeiros 67 Waterman Avenue
The speakers finish at 10:30 p.m.
David Brown, 257 West Warwick Avenue, Pawtucket, Rhode Island is present and sworn. Mr. Brown states that he has additional plans for the establishment and plans to run it as a restaurant. He says it was his understanding that only the Karoake or D.J. music was stipulated - not the jukebox. He also says that the jukebox can be turned up by patrons at any time.
Mr. Chaika summarizes. He again states that the notice was inadequate in violation of his client's due process. He says he has not been provided with any specific written guidelines or procedures regarding how loud the decibel levels should be or to the issuing of an entertainment license. He says his client is willing to work with the Council and asks that he be allowed to have the jukebox and any additional music to cease at midnight.
After further discussion, Mr. Miranda states that based upon the evidence that amplified music from the license holder's establishment, Brownie's Pub, can be heard outside the building and inside the houses on Birch Street and Waterman Avenue, before and after midnight on repeated occasions, and that the neighbors are repeatedly disturbed by the loud noises heard at 1 o'clock in the morning, it is clear that this license holder cannot use the Entertainment License responsibly, and therefore, good cause has been shown to revoke the Entertainment License.
Motion is made by Mr. Miranda, seconded by Mr. Rogers, to revoke the Entertainment License of Brownie's Pub.
Mr. Rogers thanks the Police and the neighbors for waiting such a long time tonight. He goes on to talk about some of the things heard tonight and says there is overwhelming evidence of a failure on the part of the business owner to hold the license responsible.
Mr. Midgley speaks about the promises made in the past by the license holder to the neighbors which have not been kept, and says he will vote in favor of revoking the license.
Mayor Larisa says this process was very fair to the license holder. He says the problems seem to be worse now than they were in 1996 and 1997, He says without getting into the issue of whether it is a jukebox, Karoke, or a DJ, it is still noise, and it is heard by the neighbors after midnight, which violates everything the Council tried to do in 1996 and 1997.
Roll call vote is taken on the motion:
Mr. Midgley Aye
Mr. Miranda Aye
Mr. Rogers Aye
Mayor Larisa Aye
The motion passes 4-0. Mr. Grant is noted as being absent for the vote.
The meeting adjourns at 11:17 p.m.
Attest:
Valerie A. Perry, CMC
City Clerk Approved: August 10, 1999