Pawtucket Board of License Commissioners.
February 9, 1994
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 9, 1994, at seven thirty o’clock p.m. in the City Council Chambers, City Hall, Pawtucket, RI. All the Members are present except President Barry, Councilors Doyle and Rabbitt; Vice Chairman Vieira presides.
The reading of the Records of January 19, 1994, is dispensed with and the Records are approved as prepared by the Clerk.
COUNCILOR DOYLE ARRIVES AT 7:33 p.m.
Formal Hearing regarding the Class D Liquor License of the Happy Hour Club, 404 Benefit Street IS TAKEN UP.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following Communication:
Communication from Christopher E. Fay, Assistant City Solicator, requesting the Formal Hearing on the Happy Hour Club, 404 Benefit Street be rescheduled for March 9, 1994.
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the following Communication is Read and Ordered Filed:
Communication from Christopher E. Fay, Assistant City Solicator, requesting the Formal Hearing on the Happy Hour Club, 404 Benefit Street be rescheduled for March 9, 1994.
CHAIR RECOGNIZES COUNCILOR MORAN.
Upon Motion made by Councilor Moran, seconded by Councilor Kinder, the Formal Hearing regarding the Class D Liquor License of the Happy Hour Club, 404 Benefit Street IS POSTPONED UNTIL MARCH 9, 1994, on a unanimous voice vote.
Communication from Richard E. DeLyon, Police Chief, submitting a report of a liquor license violation of C.C. & D.D. Inc., d/b/a Dazzle’s, 602 Smithfield Avenue, which occurred on January 27, 1994, Violation by serving patrons after legal closing hour IS READ AND ORDERED FILED.
The Formal Hearing regarding the CLASS B (Victualer) license of C.C. & D.D. Inc., d/b/a Dazzle’s, 602 Smithfield Avenue IS TAKEN UP.
The following are present at the Formal Hearing:
Frank Milos, Assistant City Solicitor, representing the City of Pawtucket
Jonathan F. Oster, Attorney, 936 Smithfield Avenue, representing Christopher Collins, 7 Warren Avenue, Johnston, RI.
Stenographer - Sandra Bachini Gaboriault
The Formal Hearing Recesses at 7:58 p.m.
A Public Hearing is held on the following application for license advertised for this time:
CLASS A
Bino’s Liquors Inc., 593 Weeden St. (location change, previously at 50 Ann Mary St.) LIC# 10174
Speaking in favor is Alan Barnes, Attorney, 141 Power Road Pawtucket, RI, representing Albino Dos Santos, applicant.
Mr. Barnes states that Albino Dos Santos has been in this business for 3 1/2 years.
Mr. Barnes also states that Mr. Dos Santos has had no Liquor Law violations, or other problems.
Mr. Barnes states the reasons for a location transfer is due to the rent of the current location being too high, and there is not enough traffic to generate business.
Mr. Barnes also states that at the new location there will be 2 designated parking spaces for the store, and in addition, there are 17 general parking spaces.
Mr. Barnes also states that there will be a dumpster and that they will have an alarm system. The store hours will be Monday through Saturday 9:00 AM to 10:00 PM and in the summer from 9:00 AM 11:00 PM
Mr. Barnes states that Mr. Dos Santos’ parents own and work at the store with him and that the store will go out of business if it stays at the present location.
Speaking in favor is Mr. George Dumort, 55 Bliss Ave. Attleboro, MA.
Mr. Dumort states that he is the owner of the property, and he also owns Masterbuilders Inc., which is located there.
Mr. Dumort states that there are a total of 55 parking spaces and 2 tenants are there now. The Employees are given designated parking spaces in the back.
Mr. Dumort also states that Bino’s has been given spaces in front and he will monitor the lot for trash.
Mr. Dumort also states that the has been unable to rent the property since 1988, and that he apologizes for putting up a sign stating “Coming Soon - Bino’s Liquors” prematurely.
Speaking in opposition is Cheryl Dupre, 24 Hazel St.
Ms. Dupre states that she is concerned about the parking. People are parking in driveways, and on certain days there is no parking available.
Ms. Dupre is also concerned about people hanging around this business and about drugs and drunkenness.
Also speaking in opposition is Paul Dupre, 24 Hazel St.
Mr. Dupre states that there are enough liquor licenses in the area.
There are no other speakers.
The Hearing is Closed.
Upon Motion made by Councilor Kinder, seconded by Councilor Demopulos, the following application for license transfer is LAID ON THE TABLE on a unanimous voice vote.
CLASS A
Bino’s Liquors Inc., 593 Weeden St. (location change, previously at 50 Ann Mary St.) LIC# 10174
THE CHAIR RECOGNIZES COUNCILOR KINDER.
With majority consent of the Council, Councilor Kinder introduces the following petitions:
Petition from neighbors in opposition of the transfer of Bino’s Liquors Inc., 593 Weeden Street.
Petition from neighbors in opposition of the transfer of Bino’s Liquor Inc., 593 Weeden Street.
Upon Motion made by Councilor Kinder, seconded by Councilor Demopulos, the following Petitions ARE READ AND ORDERED FILED ON A UNANIMOUS VOICE VOTE.
Petition from neighbors in opposition of the transfer of Bino’s Liquors Inc., 593 Weeden Street.
Petition from neighbors in opposition of the transfer of Bino’s Liquor Inc., 593 Weeden Street.
A Public Hearing is held on the following application for license advertised for this time:
CLASS C
No-Man’s Inc. d/b/a Broadway Pub (transfer from Todd’s Pub Inc. d/b/a Broadway Pub), 735 Broadway LIC# 10173
Speaking in favor is Andrew Cagen, Attorney, 1165 Elmwood Avenue, Providence, RI, representing Mark Bingham, applicant.
Mr. Cagen states that Mr. Bingham has worked as a bartender in Pawtucket and Providence and that there is adequate on street parking.
Mr. Cagen also states that Mr. Bingham knows of no objections.
Also speaking in favor is Christine Tait, 286 Maple Ave. Barrington.
Ms. Tait states that the name comes from 2 women who worked together with a slogan “No Man Will Stop Us”.
There are no other speakers.
The Hearing is Closed.
Upon Motion Made by Councilor Moran, seconded by Councilor Kinder, the following application for transfer is APPROVED on a unanimous voice vote:
CLASS C
No-Man’s Inc. d/b/a Broadway Pub (transfer from Todd’s Pub Inc. d/b/a Broadway Pub), 735 Broadway LIC# 10173
Communication from Steven DaSilva, President of City Liquors Inc., d/b/a City Liquors, requesting permission to change the trade name to d/b/a SILVA’S LIQUORS, located at 886 Mineral Spring Avenue IS READ AND ORDERED FILED AND THE REQUEST TO CHANGE THE TRADE NAME IS APPROVED ON A UNANIMOUS VOICE VOTE.
THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
CLASS F (Beer & Wine)
Saint Patrick’s Day Parade Committee, to sell alcoholic beverages at a post parade party at the Peerless Building, Main Street, on Saturday, March 5, 1994, from 1:00 PM - 7:00 PM. LIC# 46
CLASS F-1 (Full Privilege)
Holy Spirit Society, St. Anthony’s Church, to sell alcoholic beverages at an Ethnic Dance at 34 Lawn Avenue, on Saturday, February 12, 1994, from 8PM - 12M. LIC# 45
THE BOARD OF LICENSE COMMISSIONERS RECESSES AT 8:04 p.m.
THE BOARD OF LICENSE COMMISSIONERS RECONVENES AT 8:54 p.m. CHAIRMAN BARRY IS PRESENT AND PRESIDES.
THE FORMAL HEARING REGARDING C.C. & D.D. INC., D/B/A DAZZLE’S, 602 SMITHFIELD AVENUE IS RECONVENED at 8:54 p.m.
THE DETAILED TESTIMONY OF THE FORMAL HEARING MAY BE FOUND IN THE VAULT OF THE CITY CLERK’S OFFICE.
FRANK MILOS SUBMITS CONSENT ORDER REGARDING C.C. & D.D. INC., D/B, DAZZLE’S FOR APPROVAL WHICH INCLUDES THE FOLLOWING:
1. There is a fine of One Thousand Dollars. The first installment will be due on or before February 25, 1994, in the amount of Two Hundred and 00/100 ($250.00) Dollars prior to the reinstatement of the Class B license. A like payment will be made on the 25th of each month thereafter until such time as the balance is paid in full. Failure to make any installment payment in a timely fashion will result in the immediate revocation of the license.
2. There is a sixty day suspension of the Class B license; fifteen of which shall be served commencing on 1:00 a.m. on Friday, February 11, 1994; the balance of the suspension will be stayed pending lawful compliance with licensing requirements.
3. William and Alda Collins shall supervise, on each and every evening, the closing of the establishment in accordance with state law and the terms of a Class B license.
4. The licensee shall return for a hearing in sixty days to report on his progress relative to the transfer of his Class B license.
5. If licensee fails to transfer the Class B license on or before the sixty day review set forth in paragraph 4, then the licensee shall appear before the Council for an additional review in sixty days.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
Upon Motion made by Councilor Vieira, seconded by Councilor Kinder, the following CONSENT ORDER of Class B (Victualer) license of C.C. & D.D. Inc. d/b/a Dazzle’s, 602 Smithfield Avenue is APPROVED AND READ AND ORDERED FILED ON A UNANIMOUS VOICE VOTE.
1. There is a fine of One Thousand Dollars. The first installment will be due on or before February 25, 1994, in the amount of Two Hundred and 00/100 ($250.00) Dollars prior to the reinstatement of the Class B license. A like payment will be made on the 25th of each month thereafter until such time as the balance is paid in full. Failure to make any installment payment in a timely fashion will result in the immediate revocation of the license.
2. There is a sixty day suspension of the Class B license; fifteen of which shall be served commencing on 1:00 a.m. on Friday, February 11, 1994; the balance of the suspension will be stayed pending lawful compliance with licensing requirements.
3. William and Alda Collins shall supervise, on each and every evening, the closing of the establishment in accordance with state law and the terms of a Class B license.
4. The licensee shall return for a hearing in sixty days to report on his progress relative to the transfer of his Class B license.
5. If licensee fails to transfer the Class B license on or before the sixty day review set forth in paragraph 4, then the licensee shall appear before the Council for an additional review in sixty days.
Motion made by Councilor Vieira, seconded by Councilor Kinder, the meeting is adjourned at nine twenty o’clock p.m.