Pawtucket Board of License Commissioners.
December 19, 1990.
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 19, 1990, at five fifty-six o’clock p.m. All the members are present except Councilman Doyle, and Chairman Houle presides.
The reading of the records of December 5, 1990, is dispensed with and the records are approved as prepared by the Clerk.
Communication from Fred E. Joslyn, Jr., City Solicitor, regarding the Dante Alighieri Social Club is READ AND ORDERED FILED.
The following Copy of Order from Gerald S. Goldstein, Liquor Control Administrator, denying request for Stay in the matter of the Class D liquor license suspension of the Dante Alighieri Social Club, 22 Hurley Avenue is READ INTO THE RECORD AND ORDERED FILED, as follows:
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS
DEPARTMENT OF BUSINESS REGULATIONS
LIQUOR CONTROL ADMINISTRATION
233 RICHMOND STREET, SUITE 200
PROVIDENCE, RHODE ISLAND 02903-4200
DANTE ALIGHIERA SOCIAL CLUB :
:
VS. : LCA-PA90-28
:
CITY OF PAWTUCKET :
BOARD OF LICENSE COMMISSIONERS :
STAY
This matter came on to be heard on December 10, 1990, as the result of the filing of an appeal and request for a stay.
A hearing was held to consider the Appellant’s request for a stay of the suspension of its Class D alcoholic beverage license pending a determination of this appeal.
Representing the Appellant was William J. Burke, Esquire, and representing the City of Pawtucket was Fred E. Joslyn, Jr., Esquire.
The Liquor Control Administrator heard arguments from both Mr. Burke and Mr. Joslyn relative to the circumstances and evidence which the City of Pawtucket Board of License Commissioners. considered in ordering the suspension.
After considering these arguments, the motion to stay the decision of the City of Pawtucket Board of License Commissioners is denied.
Gerald S. Goldstein
Liquor Control Administrator
December 10, 1990
Date
CERTIFICATION
I hereby certify copies of the within Stay were mailed, postage prepaid, to the following this 10th day of December, 1990: William J. Burke, Esq., 75 Park Place, Pawtucket, RI 02860; Fred E. Joslyn, Jr., City Solicitor and Richard J. Goldstein, City Clerk, Pawtucket City Hall, 137 Roosevelt Avenue, Pawtucket, RI 02860; and John W. Tomlinson, Chief of Police, Pawtucket Police Dept., 121 Roosevelt Avenue, Pawtucket, RI 02840. In addition copies were faxed to Attorney Burke and Attorney Joslyn.
Patricia Duffy
COUNCILMAN DOYLE ARRIVES AT FIVE FIFTY-EIGHT O’CLOCK P.M.
A PUBLIC HEARING IS HELD ON THE FOLLOWING APPLICATION FOR LICENSE ADVERTISED FOR THE PERIOD BEGINNING DECEMBER 2, 1990, AND ENDING DECEMBER 1, 1991, AND NO PERSON OR PERSONS APPEARING TO OBJECT THERETO, IS GRANTED ON A UNANIMOUS VOICE VOTE:
CLASS B (Victualer)
Kenneth M. Collins & Paul R. Conte d/b/a Ride’s Restaurant, (Address pending Relocation) LIC #49
A PUBLIC HEARING IS HELD ON THE FOLLOWING APPLICATION FOR LICENSE ADVERTISED FOR THE PERIOD BEGINNING DECEMBER 2, 1990, AND ENDING DECEMBER 1, 1991:
CLASS D (First Class)
The Monitor Club, (Address pending Relocation) LIC #120
Speaking in favor is Attorney Michael Horan, 393 Armistice Blvd., Pawtucket Rhode Island.
Mr. Horan states for the record the the owner of the license is “The Monitor Club”. Mr. Horan claims that Mr. Dubrieul defaulted on an agreement to buy out Leo Donovan. The decision of the Arbitrator agrees with Mr. Donovan’s claim.
Mr. Donovan filed application for license renewal to preserve the license. The matter of ownership needs to be settled in Court, and wants the license held until this matter is settled.
The following documents are introduced and ordered filed:
Amended Order, Superior Court Decision, - Leo T. Donovan v. Francis DuBreuil.
UCC Statement regarding the Monitor Club/Leo T. Donovan.
AGREEMENT TO BUY OUT INTEREST OF RETIRING PARTNER AND DISSOLUTION OF PARTNERSHIP.
DECISION - LEO DONOVAN V. FRANCIS DUBREUIL ADR 325.
Communication from Frank DuBreuil, Jr., President of the Monitor Club, to Mr. Goldstein and Members of the City Council.
Communication from David Bibby to Frank DuBreuil.
There are no speakers in opposition.
The Hearing is Closed.
Upon Motion made by Councilman Barry seconded by Councilman Calista, the following application for license for the period beginning December 2, 1990, and ending December 2, 1991, is granted on a unanimous voice vote in order to preserve the status of this license:
CLASS D (First Class)
The Monitor Club, (Address pending Relocation) LIC #120
A Public Hearing is held on the following application advertised for this time:
CLASS D (First Class)
Delaney Columbus Club, 87 North Bend St. (Previous Class E liquor license issued to Brooks Drug Inc, 150 Mineral Spring Avenue) LIC #138
Councilmembers Barry, Kinder and William Lynch refrain from participating in public hearing, as they are members of the Delaney Columbus Club.
Speaking in favor is David Coughlin, 9 Armistice Blvd., Pawtucket, RI.
Mr. Coughlin states that the Delaney Columbus Club raises $2000 for the retarded, handicapped, and elderly in Pawtucket.
The Club pays its bills from monies received from membership dues and rental of the hall. The hall is rented about 15 times per year. There have been improvements made to the building. The Club tries to keep good relations with the neighbors; however, they have had problems with drunks at affairs because the Club does not now control the consumption of alcohol; however, with the liquor license they will be able to correct this problem by taking control of consumption. The Club has no intention to expand the building or parking lot.
Speaking in favor is Joseph Knight, 104 Lyman Street., Pawtucket, RI.
Mr. Knight states that he is aware that the club is requesting to transfer a Class E liquor license to a Class D liquor license. The Delaney Columbus Club has been at this location for 25 years and now needs the license for funding, and to control the consumption of alcohol at functions. The Club will have two members at each affair when alcohol is served and one member when no alcohol is served.
Councilman Doyle asks if it will be more attractive to rent the hall if there is a liquor license.
Mr. Knight replies no, because the Knights of Columbus will control parties more, there will be less free reign.
Councilman Doyle asks if the hall will be used more often.
Mr. Knight replies it will be used more than fifteen times, but no more than thirty times a year. Mr. Knight further states that the Club cannot obtain liability insurance without a liquor license.
Speaking in opposition is William Brett, 101 No. Bend Street, Pawtucket, RI.
Mr. Brett states that the homeowners in the area do not wish to change their lifestyle for a few peoples’ benefit. He states that there have been problems there for years with noise and other problems, which have been ignored by the Knights of Columbus. People stay in parking lot for hours after closing and he cannot see how the Knights of Columbus can control parties. The Knights of Columbus promised 25 years ago “No Liquor to be sold.” Mr. Brett states that there have been problems there for the past two years; many of the neighbors have moved away and the police have to come often.
Speaking in opposition is William Silbert, 90 No. Bend Street, Pawtucket, RI.
Mr. Silbert states that he lives across the street from the Knights of Columbus hall and has lived there for three years. He has four children and states that he has been awakened at 1:30 - 2:00 a.m. by noise. Mr. Silbert questions how granting a license can improve the quality of live and the moral fiber of the area. He states that he wants no alcohol served there. Also, he has called the police two or three times.
The next speaker is Joseph Nunes, 97 No. Bend Street, Pawtucket, RI.
Mr. Nunes states that there have been problems there on weekends for a number of years and has had to call the police several times. Mr. Nunes states that he is not sure that that granting a liquor license will help, but appreciates the Knights of Columbus for trying to correct problems. He states his is neutral on the granting of a license, suggests trying it for a one year trial period.
Speaking in opposition is Roger Trahan, 28 Arthur Street, Pawtucket, RI.
Mr. Trahan states that the back door is left open in the summer during parties and the sound is magnified. He states that he has lived there for 49 years. There is noise in the evenings and the back parking lot is not blocked off, so kids hang out. He states he would hate to see trees cut down in the back, and does not want new development on lot. He wants to keep it residential.
There are no other speakers.
The Hearing is closed.
Upon Motion made by Councilman Robert Lynch seconded by Councilman Rabbitt, the following application is LAID ON THE TABLE, on a voice vote. COUNCILMEN BARRY, KINDER, AND WILLIAM LYNCH ABSTAIN FROM VOTING:
CLASS D (First Class)
Delaney Columbus Club, 87 North Bend St. (Previous Class E liquor license issued to Brooks Drug Inc, 150 Mineral Spring Avenue) LIC #138
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman Rabbitt, is passed on a voice vote. COUNCILMEN BARRY, KINDER, AND WILLIAM LYNCH, abstain from voting.
The Clerk is instructed to send a communication to the Liquor Control Administrator requesting a legal opinion as to whether it is legal to transfer a Class E license to a Class D, with respect to the City of Pawtucket Ordinance freezing the issuance of new licenses. It is requested that a response be received in time for the January 9, 1991, meeting.
THE CHAIR RECOGNIZES COUNCILMAN DOYLE.
With majority consent of the Council, the following Motion made by Councilman Doyle, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is requested to send a communication to Chief of Police John Tomlinson, requesting a computer printout of all responses to the Delaney Council since January 1, 1990.
The following license is GRANTED on a unanimous voice vote:
CLASS F (Beer & Wine)
St. Patrick’s Day Parade Committee to sell beer & wine at a Post Parade Party at the Pawtucket Armory, Exchange Street, on Saturday, March 2, 1991, from 2:00 PM - 8:00 PM LIC #2
The following license is DENIED on a unanimous voice vote:
Class F-1 (Full Privilege)
Cape Verdean Cultural Association, to sell alcoholic beverages at a Dinner/Dance for Members, at 44 West Ave., on Monday December 31, 1990, from 9:00 PM - 1 AM LIC #1
The following Communication is READ AND ORDERED FILED:
Communication from Gerald J. Pouliot, Assistant City Solicitor regarding rescheduling the hearing before the Liquor Control Administrator regarding Portugalia Liquors.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, the following Motion made by Councilman Vieira, seconded by Councilman Barry, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Fred Joslyn, City Solicitor, requesting that the District Councilman be notified of any changes to hearing dates before the Liquor Control Administrator or other places regarding cases involving establishments in his/her District. This request comes in light of the fact that Councilman Vieira was not informed of the change of date for the hearing on Portugalia Liquors, as he went to the hearing only to be told that it was postponed.
The Clerk is further instructed to send a communication to John W. Tomlinson, Chief of Police, regarding police officers who appear before the Liquor Control Administrator. Councilman Vieira is concerned that Portugalia Liquors is allowed to stay open for a long period of time because of the unavailability of police officers at the scheduled hearing which was set for December 18, 1990. Councilman Vieira requests that every effort be made to insure that the police officers are available to testify at these hearings when they are scheduled.
In conformity with Chapter 242 Public Laws of Rhode Island 1962, Class B Establishments are hereby entitled to remain open on New Year’s morning, January 1, 1991, until 3:00 o’clock a.m. Alcoholic Beverages however, CANNOT be sold after the usual closing hour of one (1:00) a.m.
In conformity with Section 3-8-1 of the General Laws of the State of Rhode Island, Class C liquor establishments are hereby entitled to be open on New Year’s Day, 1991.
The matter of Class B (Victualer) liquor license suspension of Arcadia Enterprises Inc., 210 Dexter Street, is taken up:
Representing license holder is owner Frank Rocchio, 1373 Plainfield Street, Johnston, RI; and Attorney Richard Pollack, 55 Masthead Drive, Warwick, RI.
Mr. Rocchio testified that he will run Arcadia Enterprises in the future. Mr. Rocchio explains that he missed the Formal Hearing because of an automobile accident. Mr. Rocchio states that he is aware of problems at his establishment and states that the present management will be gone. Mr. Rocchio states that he has back problems and will have surgery in the Spring. His brother and son will run the business at that time. He states that he did not know that Mr. Baptista ran the L. A. Bar when he signed the lease for Arcadia Enterprises and Mr. Baptista controls the lease.
THE CHAIR RECOGNIZES COUNCILMAN VIEIRA.
With majority consent of the Council, upon Motion made by Councilman Vieira, seconded by Councilman Barry, the Suspension against Class B (Victualer) liquor license is removed with the following Stipulations:
1. Mr. Rocchio or his son will be in attendance and run the establishment while it is open.
2. That there are two detail officers and one parking lot attendant al all times.
3. That for each additional 100 persons over two hundred in attendance, there shall be an additional police officer on duty.
Upon Motion made by Councilman Barry seconded by Councilman Kinder, the meeting is adjourned at seven five o’clock p.m.