Pawtucket Board of License Commissioners.
November 19, 1997
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, November 19, 1997, at seven fifty o’clock p.m. in the City Council Chambers, City Hall, Pawtucket, RI. All members are present and Chairman Barry presides.
The reading of the records of November 5, 1997, is dispensed with and the records are approved as prepared by the Clerk.
Notice of Appeal submitted to Liquor Control Administration by Roosevelt’s on the River, Inc., appealing the renewal of the Class B (Victualer) liquor license of Bartenders, Inc., 682-684 Roosevelt Avenue, regarding location is READ AND ORDERED FILED.
Communication from Joseph A. Lamagna, Attorney, representing Humberto & Lidia Araujo and Diogo A. & Palmira Pina, submitting an order of eviction by the Sixth Division District Court of Bartenders, Inc., for the premises at 682-684 Roosevelt Avenue is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
With majority consent of the Council, Councilor Vieira introduces the following communication:
Communication from Kirshenbaum & Kirshenbaum, Attorneys at Law, representing Bartenders, Inc., objecting to issuing a new liquor license to Roosevelt’s on the River Inc.
Upon motion made by Councilor Vieira, seconded by Councilor Butler, the following communication is READ AND ORDERED FILED:
Communication from Kirshenbaum & Kirshenbaum, Attorneys at Law, representing Bartenders, Inc., objecting to issuing a new liquor license to Roosevelt’s on the River Inc.
A Public Hearing is held on the following application for license advertised for the period beginning November 19, 1997, AND ENDING December 1, 1998:
CLASS B (Victualer)
Roosevelt’s On The River Inc., 682-684 Roosevelt Ave LIC#234
Speaking in favor is Joseph Lamagna, Attorney, 716 Central Avenue, Pawtucket, RI.
Mr. Lamagna states that he is the attorney representing Roosevelt’s on the River and asks for approval of this liquor license.
Councilor Moran asks if Bartenders had a previous license at that location.
Mr. Lamagna discusses the order of eviction from the Sixth District Court.
After questioning by Councilor Moran, Mr. Lamagna states that Roosevelt’s will be the same type of business as previously run by Luciano Lopes (Latin Quarters) and Club Crescendo for the past 37 years. Applicant would want entertainment and there will be a pub style menu.
Speaking in favor is Luciano Lopes, 430 Power Road, Pawtucket, RI.
Mr. Lopes is requesting approval of this license because he holds the mortgage. He states that he ran the Latin Quarters at this location for 26.
Speaking in favor is Alan Pickett, 137 Sylvian Street, Central Falls, RI.
Mr. Pickett states that he is a former patron of Crescendo’s and states that the owner ran an excellent business.
Speaking in favor is Cathy Ferguson, Perrin Avenue, Pawtucket, RI.
Ms. Ferguson states that she was a patron of both the Latin Quarters and Club Crescendo. She states that it was a nice place to go, it was good clean fun, and wants the same type of operation as in the past.
Speaking in opposition is Robert Goyette, 39 East Street, Pawtucket RI.
Mr. Goyette states that he lives at the corner of East Street and Roosevelt Avenue. He states that while it was operated under Crescendo, there were constant problems with fighting, noise, debris, etc. He states that he called the police on several occasions, but never had any cooperation. He states when Bartenders opened, a rear door was used, closing the front entrance, and this eliminated a lot of problems.
Speaking in opposition is Lumina Brennan, 4 Branch St., Pawtucket, RI.
Ms. Brennan states that Mr. Lopes did a fine job. She says when Crescendo came in, he listened to her problems, but never did anything to correct them; however, Bartender’s did. She states that her tenants are moving out because they do not want to put up with the aggravation any more.
Speaking in opposition is Jeffery Regan, Attorney with Kirshenbaum and Kirshenbaum, representing Bartender’s.
Mr. Regan states that his client’s main objection is the issuance of a new license from licenses not being renewed. This is a violation of Section 108-5 of the Pawtucket Code of Ordinances.
Mr. Regan states that the Council cannot make an approval subject to a location change, which is in appeal. He feels this cannot be allowed without a change in the number of licenses allowed by ordinance.
Mr. Lamagna replies to this matter by stating that the section Mr. Regan is referring to does set a limit; however, under section 108-9 the Council is permitted to issue new licenses because the time limit on the liquor license freeze is over, and there are no restrictions under State Law limiting the number Class B liquor licenses.
Regarding the matter under appeal, he suggests that the Board amend the renewal of Bartenders to “pending a new location.”
Councilor Moran asks if Mr. Araujo would object to a condition placed on the granting of this license requiring a meeting with the neighbors appearing to object to the license this evening.
John Gannon,, City Solicitor is asked if the facts presented by Mr. Lamagna are true; i.e. matter under appeal and the Board’s authority to issue new licenses.
Mr. Gannon replies that the state law limits only new Class A and Class C liquor licenses.
There are no other speakers.
The hearing is closed.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following application for license is GRANTED WITH THE FOLLOWING STIPULATION:
CLASS B (VICTUALER)
Roosevelt’s On The River Inc., 682-684 Roosevelt Ave LIC#234
1. Meet with neighbors, immediately, to work out problems in the vicinity of the establishment.
THE CHAIR RECOGNIZES COUNCILOR VIEIRA.
The following motion made by Councilor Vieira, seconded by Councilor Moran, is passed on a unanimous voice vote.
CLASS B (Victualer) license renewal of Bartenders, Inc., which was approved on November 5, 1997, is amended as follows:
GRANTED SUBJECT TO NEW LOCATION.
Mr. Regan states for the record that Bartenders, Inc., objects to the action taken on the modification of said license, as this action was not on the agenda.
A Public Hearing is held on the following applications for license advertised for the period beginning DECEMBER 2, 1997, AND ENDING December 1, 1998, and no person or persons appearing to object thereto, are GRANTED ON A UNANIMOUS VOICE VOTE WITH ALL STIPULATIONS LISTED TO REMAIN IN PLACE:
CLASS B (Victualer)
The Peppermill Restaurant Ltd., 636 Central Ave LIC#10135
TEP Restaurant Inc., d/b/a Timothy’s Place, 47 Mendon Avenue LIC#10209
CLASS D (First Class)
Royal Antediluvian Order of Buffaloes, 532 Lonsdale Ave LIC#10123
Communication from Jeffrey J. Greer, Hearing Officer, Liquor Control, regarding Casa DeVicente Inc., is READ AND ORDERED FILED.
THE FOLLOWING LICENSE IS GRANTED ON A UNANIMOUS VOICE VOTE:
CLASS F-1 (Full Privilege)
St. Raphael Academy to sell alcoholic beverages at a reunion party on Saturday, November 29, 1997, from 7:00 p.m. until 1:00 a.m.
Upon motion made by Councilor Vieira, seconded by Councilor Butler, the meeting is adjourned at eight twenty o’clock p.m.