I.                   CALL TO ORDER

Mayor Rose calls the meeting to order at 4:22pm. 

II.                SALUTE TO THE FLAG

III.             PUBLIC HEARING –SHOW CAUSE HEARING

(Council sitting as Licensing Commissioners)

A.    DL Enterprises, Inc. DBA East Bay Tavern, 305 Lyon Avenue (02914), Denise Laidlaw. 

Solicitor Chapman instructs the City Clerk to mark the exhibit items accordingly. 

Lauren Vandervelt is the attorney representing East Bay Tavern, and Ms. Vandervelt is there representing Maaia Law Office.  She requests a motion for continuance based on the shortness of time regarding the notice. The notice was hand delivered late Friday afternoon to their Law Office however they were closed.  They received the notice Monday morning by mail and this morning hand delivered by an officer. This is a violation of her client’s due process because the hearing may result in a revocation.  In addition, they have not yet been able to review the police report or the surveillance video.

Mayor Rose states that the incidents happened on July 12th and July 19th and today is July 28^th.

Solicitor Chapman states that if the Council wishes to go forward there is an attorney here though she has stated she did not receive the discovery items.  The City prior to this did not know who the attorney was and therefore could not supply the discovery.  DBR has in the past granted a stay when adequate notice has not been provided.

Mayor Rose asks what the Council’s preference is.

Councilman Britto asks the Solicitor what the law defines as adequate notice. 

Solicitor Chapman replies that the law states reasonable but does not set a time period.  If the attorney is stating they just received notice in the last 24 hours then he doesn’t believe DBR will find this is a reasonable notice.  However, regarding the last issue on the license the Council could continue to move forward with discussion on that item as it is over a year old.

Solicitor Chapman provides the City Council with information regarding the unpaid police details from over a year ago and states this is more than adequate notice as it dates back to March 4, 2014. 

Police Chief Parella is called to the podium and he provides further details regarding the unpaid bill which the balance as of today is $510.

Solicitor Champman relays an earlier conversation with Mr. Taigue that he will make a payment arrangement to repay some of it but that he disputes some of the amount due as well.  Solicitor Chapman states that he recommends revocation or suspension based on this violation.

Attorney Vandervelt comes forward to be heard on the motion to continue and states they would have requested a continuance for both items as they have not received adequate notice to prepare for this and notes that Mr. Taigue has offered a payment plan and has continued and started to make payments.

Solicitor Chapman states it has been a year and a half before any payment had been made and Mr. Taigue disputes the final amount.  The payment that he has made is not in full and is made at the 11th hour when it’s been known for a year and a half.

Solicitor Chapman asks if the City Council would like to read the finding of the facts and Councilman Conley reads this document. 

A motion to continue the Show Cause Hearing on the two incidents taking place on July 12, 2015 and July 19, 2015 is made by Assistant Mayor Cunha, seconded by Councilwoman Capobianco and on a roll call vote the motion passes 3-2 with Councilman Britto and Councilman Conley voting Nay. 

A motion to revoke the liquor license based on failure to pay the required police detail costs is made by Councilwoman Capobianco, seconded by Councilman Britto and on a roll call vote it is unanimous. 

IV.             ADJOURNMENT

A motion to adjourn at 4:43PM is made by Councilwoman Capobianco, seconded by Councilman Conley and on a roll call vote it is unanimous. 

Approved By Council:  September 1, 2015

Attest:  ____________________

                    City Clerk