CITY OF EAST PROVIDENCE
RHODE ISLAND
JOURNAL OF EMERGENCY COUNCIL MEETING
April 9, 2014
Council Chambers, City Hall, 145 Taunton Avenue, East Providence, RI 02914
8:00 P.M. Open Session
(Council sitting as Licensing Commissioners)
A. DL Enterprises, Inc. DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw.
Solicitor Chapman states that he spoke with DL Enterprise attorney Mr. Maaia. Mr. Maaia has a proposal he would like him to propose and let the Council decide if it is agreeable to allow the City Solicitor through the Deputy Police Chief to present what there is for evidence and after have the Police Chief make a recommendation.
Mr. Maaia states he wishes to respond and then have the Council vote and not hear from all the police officers involved as an economy of time matter.
Mayor Briden states he is allowing this.
Mr. Maaia states that as a declaratory issue he does not disagree regarding the facts that the ad was on the radio and in print and says what it says. The reports from officers do not need to reiterate this. He adds he does not disagree with the issue. Whatever decision if adverse to his client or not and if his client wants to appeal they will appeal and do it all over again before the State. However, whether or not the ads themselves are a violation of the statute is the question and would also be the question to the State.
Deputy Chief Parella provides the exhibits along with Solicitor Chapman.
Mr. Maaia states that he stipulates to the portions of reports submitted and otherwise objects to anything above and beyond what is in those reports The East Providence Post ads are submitted as exhibit A. The Commercial was taken off air on Monday April 7th when they received the City’s notice. Whether he agrees or disagrees that this mitigates an emergency hearing is something else. He doesn’t take issue with the statute or regulations but the matters can be confusing. What does it really say for example can a business offer a discounted drink. June 2, 2008 case s specific to drink specials listed under 3-27-6b and is submitted as evidence. His client sought guidance from advertising people and therefore there is no malice. The intent certainly is not to do anything to raise the ire of the Council as they are trying to stay in business and trying to get the clientele. He was trying advertising to build the business. He added that he does not agree with the Deputy Chief’s recommendation as he has already been served a 14 day closure. No other establishment has been brought before the Council for advertising issues. They have taken the steps they can. If in seeking an opinion from the State they receive a penalty they will pay it.
Solicitor Chapman asked to have both exhibits entered into the record.
A motion to accept the exhibits is made by Councilwoman Capobianco, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.
Councilwoman Rossi asked where was the actual license holder as they are not present.
Mr. Maaia states the Manager makes these decisions as she is a nurse and could not be here on such short notice.
The Manager Mr. Taigue is called to the podium and states he has 7.5 years of experience as a manager and owned a restaurant before. Mr.Taigue states he doesn’t control the Facebook account staff do.
Councilman Cunha states that Mr. Taigue should know being in business for that long regarding regulations of buy one get one free.
Mayor Briden stated that if a couple of employees handle Facebook did they put this on without his knowledge.
Mr. Taigue states he did not tell them to but he won’t see them for a few days but will ask them to remove it as he does not know how to do it himself.
Councilman Cunha states that ad writers are marketers not lawyers and he should have known better than to take their advice.
Mr. Maaia states this is an issue only if this is a violation of that statute.
Assistant Mayor Rose states that he feels it is a clear violation of the law nothing more nothing less.
Mayor Briden asks Solicitor Chapman if it is the opinion of the Law Department that this was a violation.
Solicitor Chapman responds yes.
Councilman Cunha reads the law in question and states it is a clear violation.
Mr. Taigue replies he hadn’t read the law.
Councilwoman Rossi states this is irrelevant not knowing the law isn’t an excuse.
Assistant Mayor Rose makes a motion that the City Council adhere to the Deputy Police Chief’s recommendation of a 30 day suspension and a $500 fine.
A motion to adjourn is made by Councilwoman Rossi, seconded by Assistant Mayor Rose and on a roll call vote it is unanimous.