Pawtucket Board of License Commissioners.
May 20, 1992.
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, May 20, 1992, at eight three o’clock p.m. All the members are present and Chairman Barry presides.
The reading the records of May 6, 1992, is dispensed with and the records are approved as prepared by the Clerk with the following amendment to the Record of May 6, 1992:
ADD TO Page 175 PRIOR TO THE OPENING OF THE PUBLIC HEARING REGARDING THE LIQUOR LICENSE TRANSFER OF CLASS B (VICTUALER) TO EL NIDO LTD, 210 DEXTER STREET, FROM ARCADIA ENTERPRISES INC D/B/A GALATEO.
COUNCILOR BARRY RELINQUISHES THE CHAIR AND EXCUSES HIMSELF FROM THE COUNCIL CHAMBER.
VICE CHAIRPERSON WILLIAM VIERIA PRESIDES.
COUNCIL PRESIDENT BARRY RETURNS TO THE COUNCIL CHAMBER AND AGAIN PRESIDES.
Claim of Wayne Distributing Company against the transfer of Class A Liquor License of Zack’s Liquors Inc. d/b/a East Street Liquors of 183 East Street to East Street Liquors Inc. in the amount of $4532.16 IS READ AND ORDERED FILED.
Claim of Providence-Newport Distributing Co., against the transfer of Class A Liquor License of Zack’s Liquors Inc. d/b/a East Street Liquors of 183 East Street to East Street Liquors Inc. in the amount of $758.25 IS READ AND ORDERED FILED.
Claim of Arcaro, Belilove and Kolodney, Attorneys at Law against the transfer of Class A Liquor License of Zack’s Liquors Inc. d/b/a East Street Liquors of 183 East Street to East Street Liquors Inc. in the total amount of $24, 391.01 IS READ AND ORDERED FILED.
Claim of McLaughlin & Moran, Inc., Wholesaler against the transfer of Class A Liquor License of Zack’s Liquors Inc. d/b/a East Street Liquors, 183 East Street to East Street Liquors Inc. in the amount of $1,638.12 IS READ AND ORDERED FILED.
A public hearing is held on the following application for license advertised for this time.
CLASS A
East Street Liquors Inc. (transfer from Zack’s Liquors Inc. d/b/a East Street Liquors) 183 East Street. LIC#145
Speaking in favor is David A. DiPalma, Attorney, 138 Warren Ave, East Providence, representing East Street Liquors Inc.
Mr. DiPalma states that the applicant has no privy of contract with the creditors.
Mr. DiPalma also states that the applicant bought the property and the former owner will use the proceeds to help pay the creditors.
Mr. DiPalma states that he had no knowledge of the claims owed by Mr. Zahos to suppliers and that he would not have closed on the building if he had known.
Mr. DiPalma also states that the applicant, in a separate purchase, bought the closing inventory of the establishment at seventy-five (75%) percent of the invoice value.
Mr. Dipalma states that Mr. Matos has some retail experience but neither applicant has liquor store experience.
Mr. DiPalma states that the license should be transferred so that the money made from this transaction can be used to pay outstanding claims.
Also speaking in favor is Zachary Zahos, 368 Prospect St. Brockton, MA., current owner of the establishment.
Mr. Zahos states that he has most of the money owed to creditors ($27,000.00) and that most purchases are bought on a 30 day credit.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilor Moran, seconded by Councilor Calista, the following application for license transfer is APPROVED, PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS or a unanimous voice vote:
CLASS A
East Street Liquors Inc. (transfer from Zack’s Liquors Inc. d/b/a East Street Liquors) 183 East Street. LIC#145
Communication from Paul Rheaume, President of El Nido, Ltd. regarding setting up a meeting with the Barton Street Neighborhood Association IS READ AND ORDERED FILED.
COUNCIL PRESIDENT BARRY EXCUSES HIMSELF FROM THE COUNCIL CHAMBER.
VICE-CHAIRPERSON VIEIRA PRESIDES.
The following application was LAID ON THE TABLE at the meeting of May 6, 1992, AND IS AGAIN TAKEN UP AT THIS TIME:
CLASS B (Victualer)
El Nido Ltd. (transfer from *Arcadia Enterprises Inc. d/b/a Galateo) 210 Dexter Street. LIC#143
*STIPULATIONS IMPOSED AT THE DECEMBER 19, 1990, MEETING
1. Mr. Rocchio or his son will be in attendance and run the establishment while it is open.
2. That there are 2 detail officers on duty, and a parking lot attendant at all times, ***WHEN CLUB METRO IS BEING USED. ***
3. That for each additional 100 persons over two hundred in attendance there will be an additional police officer on duty.
Speaking in favor is Michael Devane, Attorney, 74-76 East Street. Mr. Devane is representing the applicant.
Mr. Devane states that there may be problems with the current lease, which they have subleased until 1996. However, to protect themselves, they also have a lease with the owner of the building in case the current lease is found to be invalid. If the lease is in court, the suit could take 2 to 3 years.
Mr. Devane also states that there are two main stockholders, Mr. Paul Rheaume and the Latin American Association. The Latin American Association owns Thirty-five (35) percent of El Nido Ltd., and Mr. Rheaume owns sixty-five (65) percent of the stock.
Mr. Devane states that Ms. Elizabeth Zulletta is the new President of the Association and that Mr. Al Baldera resigned his position. The application should be amended to show the change.
Mr. Devane continues that Mr. Rheaume & Ms. Zulletta had a meeting with the Barton Street Neighborhood Association to answer any questions regarding this transfer of liquor license.
Mr. Devane also states that he has spoken with Kate Racine, Liquor Control Administrator, regarding having a lounge section and a restaurant section under one licensed establishment. He states that she told him that there is no problem with that type of setup.
Upon questioning from Councilor Vieira, Mr. Devane states that he does not believe that any felony conviction of Mr. Rocchio would affect the status of the license.
The applicants brought a petition of 169 names in favor of the transfer including 13 of the 17 neighbors with in a 300 foot radius of the establishment and Mr. Devane has received a letter of support from the pastor of the Church across the street from the building.
Speaking in opposition is Mary Ann Murray of 70 Olive Ave.
Mary Ann Murray states that she met with the applicants and told them that another liquor establishment would not be in the best interest of the neighborhood but offered a compromise that they would accept a restaurant with a Beer and Wine license but no lounge.
Ms. Murray is concerned that one member of the Latin American Association has been convicted of felony drug charges.
Ms. Murray also states that Mr. Baldera told her that he left the Association because of the people involved and she is concerned that Mr. Rheaume represented the previous owners.
Ms. Murray continues by adding that the neighborhood is now a nice place for kids and wants to keep it that way.
Also speaking in opposition is Mr. William Murray, 74 Olive Street.
Mr. Murray states that he does not want another liquor establishment in the neighborhood.
Mr. Murray also states that he checked with the Secretary of State and the applicants are not incorporated.
There are no other speakers.
The hearing is closed.
Upon Motion made by Councilor Clement, seconded by Councilor Calista, the following application for license is LAID ON THE TABLE on a unanimous voice vote:
CLASS B (Victualer)
El Nido Ltd. (transfer from *Arcadia Enterprises Inc. d/b/a Galateo) 210 Dexter Street. LIC#143
*STIPULATIONS IMPOSED AT THE DECEMBER 19, 1990, MEETING
1. Mr. Rocchio or his son will be in attendance and run the establishment while it is open.
2. That there are 2 detail officers on duty, and a parking lot attendant at all times, ***WHEN CLUB METRO IS BEING USED. ***
3. That for each additional 100 persons over two hundred in attendance there will be an additional police officer on duty.
THE CHAIR RECOGNIZES COUNCILOR CLEMENT.
With majority consent of the Council, the following Motion made by Councilor Clement, seconded by Councilor Calista, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to John T. Gannon , Acting City Solicitor, asking if an owner of a liquor license or the President of a Corporation who owns a license, is convicted of a felony, does that person or corporation get to keep that license or does that license revert back to the City.
Petition of local business people, residents, property owners and abbutters, Recommending Approval of the transfer of Class B (Victualer License to El Nido Inc., 210 Dexter Street is READ AND ORDERED FILED.
CHAIRPERSON BARRY RETURNS TO THE COUNCIL CHAMBER, AND AGAIN PRESIDES.
Communication from Frank Rendine, Director of Zoning & Code Enforcement, regarding request of Voutena Inc. d/b/a Bootlegger’s Saloon, 852-856 Newport Avenue, for renovations IS READ AND ORDERED FILED.
Communication from Frank Rendine, Director of Zoning & Code Enforcement, submitting comments on the operation of Bootlegger’s Saloon IS READ AND ORDERED FILED.
The following request for renovations was LAID ON THE TABLE at the May 6, 1992, meeting AND IS AGAIN TAKEN UP AND IS APPROVED FOR REPAIRS TO FIRST FLOOR ONLY ON A UNANIMOUS VOICE VOTE:
Request from Voutena Inc. d/b/a Bootlegger’s Saloon, 852-856 Newport Avenue, for approval to do repairs to their establishment.
Communication from Frank Rendine, Director of Zoning & Code Enforcement, regarding request of Societe Jacques Cartier Circle #4, 816 Main Street, for renovations IS READ AND ORDERED FILED.
The following request for renovations was LAID ON THE TABLE at the May 6, 1992, meeting AND IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
Request from Societe Jacques Cartier Circle #4, 816 Main Street for approval to do renovations to the interior of the Club.
Communication from Gerald J. Pouliot, Assistant City Solicitor, regarding The American Polish Home, 927-929 Central Avenue. (Liquor Control Hearing set for May 26, 1992.) IS READ AND ORDERED FILED.
Communication from Gerald J. Pouliot, Assistant City Solicitor, regarding Castanheira Associates, Inc. d/b/a Fernando’s Liquors, 558 Broadway. (Liquor Control Hearing set for May 26, 1992.) IS READ AND ORDERED FILED.
Communication from Kate Racine, Liquor Control Administrator, regarding Two Guys Inc. d/b/a Bob’s Lounge at 214 Broad Street, imposing a ninety (90) day suspension IS READ AND ORDERED FILED.
Communication from Raymond W. Houle, Jr., Director of Administration, regarding the TIPS program IS READ AND ORDERED FILED.
Communication from John T. Gannon, Acting City Solicitor, regarding One Day Liquor Licenses/Liability Insurance IS READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR RABBITT.
With majority consent of the Council, the following Motion made by Councilor Rabbitt, seconded by Councilor Clement, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jim Kulczycki, Director of Parks and Recreation, requesting him to forward the rules and regulations on serving liquor at Slater Park to the City Council
The following petition for Class F (Beer & Wine) WAS LAID ON THE TABLE at the May, 6, 1992, meeting AND IS AGAIN TAKEN UP AND IS GRANTED ON A VOICE VOTE.
COUNCILOR CLEMENT VOTES NO.
GTE Employees Association to sell alcoholic beverages at an Annual Family Picnic at Slater Park, Saturday, August 1, 1992, from 10:00 a.m. to 6:00 p.m. LIC#7
THE FOLLOWING LICENSE IS GRANTED ON A VOICE VOTE,
COUNCILOR CLEMENT ABSTAINS FROM VOTING:
CLASS F (Beer & Wine)
Our Lady of Consolation Church to sell beer & wine ad a fund raiser (Country & Western Night) at 10 Webster Street, on Saturday, June 20, 1992, from 7:00 p.m. - 12 Midnight. LIC #8
THE FOLLOWING LICENSE IS GRANTED ON A VOICE VOTE,
COUNCILOR CLEMENT VOTES NO.
COUNCILOR KINDER ABSTAINS FROM VOTING:
CLASS F (Beer & Wine)
Pawtucket Lodge of Elks #920 to sell beer & wine at an Annual Family Picnic at Slater Park, on Sunday, June 28, 1992, from 12: 00 noon to 5: 00 p.m. LIC#9
Upon Motion made by Councilman Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine ten o’clock p.m.