Pawtucket Board of License Commissioners.
July 8, 1992.
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, July 8, 1992, at seven thirty o’clock p.m. All the members are present except Councilors Rabbitt and Kinder, and Chairman Barry presides.
The reading of the records of June 24, 1992, is dispensed with and the records are approved as prepared by the Clerk.
Communication from Kate Racine, Liquor Control Administrator, regarding rules and regulations for Class F and F-1 Liquor Licenses IS READ AND ORDERED FILED.
Communication from Donald Lembo, Attorney, 1840 Mineral Spring Avenue, regarding the application for transfer of Dilia Mello d/b/a Lopes Liquors transfer from 139 Benefit Street to 151 Benefit Street IS READ AN ORDERED FILED.
COUNCILOR RABBITT ARRIVES AT 7:40 PM
THE FOLLOWING APPLICATION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD 10/23/91 AND IS AGAIN TAKEN UP:
CLASS A
Dilia Mello d/b/a Lopes Liquors, (transfer from 139 Benefit Street to 151 Benefit Street. LIC#146
Speaking in favor is Donald Lembo, Attorney, 1840 Mineral Spring Avenue, North Providence, RI. Mr. Lembo is representing the applicant.
Mr. Lembo states that the original hearing was held on October 23, 1991 and the application was LAID ON THE TABLE until a certificate of occupancy was released by the Zoning Officer. This has been submitted as well as approval of the Fire Prevention Officer.
Mr. Lembo also states that Mrs. Mello has met all requirements as stated at the October 23, 1991 hearing and is now requesting approval of this license.
Councilor Moran asks if Mr. Lembo is aware of the case pending in Superior Court.
Mr. Lembo states that as far as he knows it is still pending in Court.
Councilor Moran asks if the earlier revocation is still in effect.
Mr. Lembo states that he does not know if the earlier revocation is still in effect.
Councilor Moran states that there are also two rental units in the same building as the liquor store and asks what the two units are going to be used for.
Mr. Lopes states that if he doesn’t use the units for himself, he will rent them out for a business.
Councilor Moran asks if Mr. Lopes is going to be part of the Class A Liquor business.
Mr. Lembo states the Mr. Lopes will act as a consultant to Mrs. Mello.
Councilor Doyle asks if Mr. Lopes and Mrs. Mello are brother and sister.
Mr. Lopes replies yes, they are brother and sister.
There are no other speakers.
The HEARING is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the following CLASS A Liquor License of Dilia Mello d/b/a Lopes Liquors, (transfer from 139 Benefit Street to 151 Benefit Street. LIC#146 IS TAKEN UNDER ADVISEMENT PENDING A SUPERIOR COURT DECISION, ON A UNANIMOUS VOICE VOTE.
COUNCILOR CALISTA ABSTAINS.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA
With majority consent of the Council, Councilor Vieira introduces the following.
Communication from Christopher Fay, Assistant City Solicitor, to Councilor Moran, regarding Lopes Liquors.
Upon Motion made by Councilor Vieira, seconded by Councilor Bray, they following communication IS READ AND ORDERED FILED.
Communication from Christopher Fay, Assistant City Solicitor, to Councilor Moran, regarding Lopes Liquors.
THE CHAIR RECOGNIZES COUNCILOR MORAN
With majority consent of the Council, Councilor Moran introduces the following.
Claim of Arcaro, Belilove and Kolodney, Attorneys at Law against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the total amount of $4, 572.26.
Claim of Arcaro, Belilove and Kolodney, Attorneys at Law against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the total amount of $6,753.93.
Claim of McLaughlin & Moran, Inc., 40 Slater St., Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the amount of $12,227.78.
Claim of Wayne Distributing Company, 45 Sharpe Drive, Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a in the amount of $3,329.57.
Claim of Providence-Newport Distributing Co., 43 Sharp Drive, Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the amount of $1,493.51.
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the following claims ARE READ AND ORDERED FILED.
Claim of Arcaro, Belilove and Kolodney, Attorneys at Law against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the total amount of $4,572.26.
Claim of Arcaro, Belilove and Kolodney, Attorneys at Law against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the total amount of $6,753.93.
Claim of McLaughlin & Moran, Inc., 40 Slater St., Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the amount of $12,227.78.
Claim of Wayne Distributing Company, 45 Sharpe Drive, Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the amount of $3,329.57.
Claim of Providence-Newport Distributing Co., 43 Sharp Drive, Cranston, RI, against the transfer of Class A Liquor License of Castanheira Associates, Inc. d/b/a Fernando’s Liquors of 558 Broadway to Antonio Fernandes d/b/a Fernando’s Liquors in the amount of $1,493.51.
A public hearing is held on the following application for license advertised for this time.
CLASS A
Antonio Fernandes d/b/a Fernando’s Liquors (transfer from Castanheira Associates Inc.) 558 Broadway LIC#149
Speaking in favor is Mr. Fernando Cunha, Attorney, 189 Wickenden Street, Providence, RI. Mr. Cunha is representing the applicant.
Mr. Cunha states that Mr. Fernandes will operate this business with his children.
Councilor Doyle asks if they are aware that the present license holder has a case pending before the Liquor Control Administrator.
Mr. Cunha replies that he is aware.
Mr. Cunha also states that Mr. Fernandes has owned several businesses in the past but a liquor license is a new venture.
Councilor Doyle asks if the previous owner and he are related.
Mr. Cunha replies that Mr. Fernandes is not related to the previous owner.
There are no other speakers.
The HEARING is closed.
Upon Motion made by Councilor Doyle, seconded by Councilor Clement, the CLASS A Liquor License of Antonio Fernandes d/b/a Fernando’s Liquors (transfer from Castanheira Associates Inc.) 558 Broadway LIC#149 IS LAID ON THE TABLE UNTIL A DECISION IS RENDERED BY KATE RACINE, LIQUOR CONTROL ADMINISTRATOR ON THE PENDING CASE OF CASTANHEIRA ASSOCIATES, INC.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA
With majority consent of the Council, Councilor Vieira introduces the following.
Claim of McLaughlin & Moran, Inc. 50 Slater St. Cranston, RI, against the transfer of Class B (Victualer) License of Benefit Street Pub Inc. 433 1/2 Benefit Street, change from Class C Liquor License, in the amount of $2,276.90.
Upon Motion made by Councilor Vieira, seconded by Councilor Moran the following IS READ AND ORDERED FILED
Claim of McLaughlin & Moran, Inc. 50 Slater St. Cranston, RI, against the transfer of Class B (Victualer) License of Benefit Street Pub Inc. 433 1/2 Benefit Street, change from Class C Liquor License, in the amount of $2,276.90.
A public hearing is held on the following application for license advertised for this time.
CLASS B (Victualer) REQUEST CHANGE FROM CLASS C
Benefit Street Pub Inc., (50 % change in stockholders) 433 1/2 Benefit Street. LIC#10115
Speaking in favor is Christopher Kinch, 34 Potter Street, Pawtucket, owner of Benefit Street Pub, Inc., 433 1/2 Benefit Street.
Mr. Kinch states that he manages a good, trouble free establishment and has good relations with neighbors.
Mr. Kinch states that he is requesting an upgrade in license due to the economic times and that a Class B Victualer License would give one extra day to operate.
Mr. Kinch also states that the hours of operation are noon to midnight and if granted, Sundays hours will be the same.
Mr. Kinch also states that he has a small kitchen area that meets State Health Department regulations for a Class B Victualer.
Councilor Moran asks about parking.
Mr. Kinch states that there is plenty of parking, the patrons can use Speedy Muffler’s parking lot and the Craft Workshop’s parking lot when the businesses are closed.
Mr. Kinch also states that some neighbors will complain and some will not and that he has no plans for entertainment.
Speaking in opposition is Ms. Christine Marketis, 444 Benefit Street.
Ms. Marketis states that she has lived across the street from the Benefit Street Pub for four years and that she finds it disgusting. People are leaving with bottles, urinating outside, and making loud noises. She suggests that a police detail should be assigned to the Benefit Street Pub.
Ms. Marketis also states that parking is not a problem but objects to opening on Sundays, because the patrons leave the establishment after 12.00 PM; sometimes between 1:00 -2:00 AM. They do not abide by the 12:00 PM closing and there are fights.
There are no other speakers.
The HEARING is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Vieira, the CLASS B (Victualer) Liquor License, Benefit Street Pub Inc., (50 % change in stockholders) 433 1/2 Benefit Street. LIC#10115 IS LAID ON THE TABLE on a unanimous voice vote:
CHAIR RECOGNIZES COUNCILOR MORAN
With majority consent of the Council, the following Motion made by Councilor Moran, seconded by Councilor Vieira, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Lt. Peter O’Neill, Fire Prevention Officer, requesting that he inspect Benefit Street Pub, 433 1/2 Benefit Street, to determine if this business is in compliance with the Fire Safety Codes. A response is requested in time for the meeting of July 22, 1992.
CHAIR RECOGNIZES COUNCILOR CLEMENT
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Moran, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to the Chief of Police, requesting a printout of any and all police calls made by the neighbors regarding the Benefit Street Pub at 433 1/3 Benefit Street, covering a one year period. A response is requested in time for the meeting of July 22, 1992.
Upon Motion made by Councilor Vieira, seconded by Councilor Bray, the meeting is adjourned at eight ten o’clock p.m.