Pawtucket Board of License Commissioners.
August 19, 1992..
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, August 19, 1992, at seven fifty o’clock p.m. All the members are present except Councilors Bray, Doyle and Rabbitt; Chairman Barry presides.
The reading of the records of August 5, 1992, is dispensed with and the records are approved as prepared by the Clerk.
Communication from John Gannon, City Solicitor, submitting the decision of Kate Racine, Liquor Control Administrator regarding the CLASS A Liquor License of Castanheira Associates Inc. d/b/a Fernando’s Liquors, 558 Broadway IS READ AND ORDERED FILED.
THE FOLLOWING APPLICATION FOR LICENSE IS LAID ON THE TABLE DUE TO THE ABSENCE OF THE DISTRICT COUNCILOR JAMES E. DOYLE, ON A UNANIMOUS VOICE VOTE:
CLASS A
Antonio Fernandes d/b/a Fernando’s Liquors (transfer from Castanheira Associates Inc.) 558 Broadway LIC#149
Communication from Kate Racine, Liquor Control Administrator, regarding the qualifications for a CLASS D Liquor License IS READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Kinder, is passed on a unanimous voice vote:
The Clerk is instructed to review all Class D liquor license applications to ensure that all license holders are in compliance with Rhode Island General Laws regulating Clubs and to have all applicable documentation on file for inspection. A report is requested as soon as feasibly possible.
Communication from Kate Racine, Liquor Control Administrator, regarding The American Polish Mutual Association, Inc. 927-929 Central Avenue IS READ AND ORDERED FILED.
Communication from James Smith, Assistant City Engineer, regarding the inspection of the distance between El Nido Ltd., 210 Dexter Street and the House of Worship IS READ AND ORDERED FILED.
THE FOLLOWING APPLICATION FOR LICENSE WAS TAKEN UP AT THE MEETINE HELD AUGUST 5, 1992 AND IS AGAIN TAKEN UP:
CLASS B (Victualer)
El Nido Ltd. (transfer from Arcadia Enterprises Inc. d/b/a Galateo) 210 Dexter St. LIC#143
Speaking in favor is Marty Maron, Attorney, 255 Main Street, Pawtucket, RI.
Mr. Maron states that he has taken over the case of the transfer of liquor license of El Nido Ltd.
He states that the basis for denial of this license by the Council was because the establishment is within 200’ of a Church. Mr. Maron agrees with this measurement; however, he points out the fact that the license was at 210 Dexter Street before the Church was there and that the license is grandfathered.
He further states that there is a right of a license holder to develop a business and to be able to some day sell it to another owner for a profit. Therefore a church within 200’ of the business, which comes into existence after the granting of the license, is not a reason to deny the request for transfer. The Council needs cause such as an unfit person or problems with the established business, or a detriment to the neighborhood.
Mr. Maron also brings up the fact that the Council granted a Class B liquor license to a Church.
He states that Grandfather clauses prevail in this instance.
Councilor Vieira states that the Liquor Control Administrator saw enough cause to remand this matter back to the Council for further verification. The matter of the Church being within 200’ of the establishment was verified by the Engineering Department.
Mr. Maron points out the fact that the previous license holder was granted a transfer of ownership at this location, and the Council did not object at that time of transfer in 1989, although the Church was there within 200’ of the establishment.
Councilor Vieira states that the Council was not aware of this section of law at the time. He further states that the City Solicitor’s legal opinion on this matter states that grandfather rights do not apply on a liquor license.
Attorney Maron refers to RIGL 3-5-19 “Transfer or Relocation of License.”
Councilor Vieira asks how much money has been invested in this business by the applicant.
Paul Rheume, applicant, responds in the area of $10,000 was paid for the license. This includes the inventory, stoves, equipment, painting supplies, etc.
The next speaker is John Gannon, City Solicitor.
Mr. Gannon comments on the legal Arguments made by Attorney Maron regarding RIGL 3-5-19 and stands behind his opinion on the 200’ rule. He further states that this will possibly end up in Superior Court for a ruling. He advises the Council that this license cannot be issued under RIGL 3-7-19, because it is within 200’ of a Church.
Councilor Vieira asks if a liquor license can be sold.
Mr. Gannon replies that a license can only be transferred. Also the Liquor Control Administrator has stated that a person cannot sell a liquor license.
Councilor Clement states that because there has been a Church there since 1989, and the Council is now aware of the 200’ rule, it has no alternative but to deny a license at this location.
There are no other speakers.
The Hearing is Closed.
Upon Motion made by Councilor Vieira, seconded by Councilor Clement, the following application for license is DENIED on a unanimous voice vote, for the following reasons:
CLASS B (Victualer)
El Nido Ltd. (transfer from Arcadia Enterprises Inc. d/b/a Galateo) 210 Dexter St. LIC#143
REASONS FOR DENIAL:
1. Granting this Liquor License would be in violation of RIGL 3-7-19 which prohibits a Class B liquor license within 200’ of a Church.
2. Granting this Liquor License would be in violation of RIGL which prohibit liquor licenses from being sold.
3. Granting this Liquor License would prove detrimental to the public interest.
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE WITH THE FOLLOWING STIPULATIONS:
CLASS F (Beer & Wine)
St. Anthony’s Church to serve Beer and Wine at an annual Festival at 27 Forest Avenue on Friday, September 4, 1992, from 8:00 pm - 11:00 pm, Saturday, September 5, 1992, from 8:00 pm - 12:00 midnight, and Sunday, September 6, 1992, from 8:00 pm - 12:00 midnight LIC#16.
STIPULATIONS:
1. The hours for Saturday and Sunday are changed to 7:00 PM 11:00 PM.
2. A detail of 3 police officers is required; one officer to be assigned to traffic and parking control in the surrounding neighborhood.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at eight forty o’clock p.m.