Pawtucket Board of License Commissioners
April 11, 2001
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, April 11, 2001, at seven fifty o’clock p.m. in the City Council Chamber, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairman Barry, Councilors Carr, Grebien, Hodge, Moran, and Wildenhain.
Absent –Councilors Bray, Clemente, and Hoyas.
Chairman Barry presides.
The reading of the records of March 21, 2001, is dispensed with and the records are APPROVED as prepared by the Clerk.
The FORMAL HEARING regarding the following license is TAKEN UP:
CLASS B (Victualer)
Duffin’s Pub., 215 Division Street. LIC#10060
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
A FORMAL HEARING regarding the following license is POSTPONED until a later date.
CLASS B (Victualer)
Duffin’s Pub., 215 Division Street. LIC#10060
COUNCILOR HOYAS ARRIVES AT 7:55 P.M.
COUNCILOR CLEMENTE ARRIVES AT 8:00 P.M.
Petition of Macondo LLC., 242 Middle Street, LIC#10283 requesting permission to remain open until 2:00 a.m. on Fridays and Saturdays, and the night before a legal Rhode Island holiday, which was advertised for a hearing at this time is TAKEN UP:
Representing applicant is Marty Marran, Attorney, 255 Main Street.
Also speaking in favor of request is:
Gregory Negron, Manager.
Victor Ramos, President.
Andrew McFarland, 43 Japonica Street, abutting neighbor.
Mr. Marran states that the applicant is requesting to remain open until 2:00 a.m.
In response to questioning by Councilor Moran, Mr. Negron replies that in the seven months this business has been open, there have been no complaints, or police problems, and he feels that the club has an excellent record.
The only food served are appetizers at this time. The kitchen is not being used.
They are requesting the same options of other clubs; in particular, the Cosmopolitan Club.
Mr. Negron states that no liquor will be served after 1:00 a.m., but is requesting music until 2:00 a.m.
He states that he is losing customers because the music must end at 1:00 a.m.
He states there is competition because of the Cosmopolitan Club and Discoteca 2000 operating entertainment until 2:00 a.m. He also states that when patrons leave they have not caused disturbances in the neighborhood, and he informs the Council that the neighbor directly next door to the business is present and has offered to inform the Council that there are no problems as far as he is concerned with this club.
Commander Ormerod is asked to respond to Mr. Negron comments.
Commander Ormerod states that there was an incident which involved a seventeen-year-old female.
He states that he is not sure if the incident occurred in the parking lot, but it was related to a patron inside the Macondo Club.
Commander Ormerod states that there are not anymore incidents at this establishment then there are at similar types clubs in the city.
Mr. McFarland is questioned and states that he lives within 40 feet from the back of the club, and has been there for 4 ½ years and has no problem with the Macondo Club.
He supports the 2:00 a.m. closing and states that the club is not a problem and finds that the patrons are orderly when they leave the club.
Police Chief George L. Kelley, III, states his opposition to all 2:00 a.m., closings and also states that in conversations with the Mayor as Safety Director and the City Solicitor, both have stated their full opposition to the 2:00 a.m. closing.
He states that it is a big problem with this type of operation. Other communities have more problems than Pawtucket because it has not become a major issue here, until now.
He also states that assaults, crimes, prostitution, fight disturbances etc., are more prevalent between 12:00 midnight and 2:00 a.m.
He states that 15% to 20% of the police calls occur during these hours.
Captain Whiting is questioned and states that the Class BV liquor license, which is the type of license the applicant holds, must also have a full operating kitchen to remain open until 2:00 a.m., in accordance with state law.
Commander Ormerod returns and states that he has the police report of the incident that occurred involving the seventeen-year-old in the parking lot at 1:30 a.m. over the weekend.
The Council states that this is not the issue at this time and it may be a matter that would be handled in the future.
Captain Whiting states that late night, early morning operations, pose problems especially for those establishments open until 2:00 a.m., and should not be allowed in this city.
Mr. Marran states that the City Council has the authority to ban 2:00 a.m. closings for everyone and his client would not be opposed to this if it applied to all establishments in the city. However, he is requesting permission to remain open until 2:00 a.m. with conditions, if the Council see fits.
Commander Ormerod states that he will provide police reports to the Council for the seven months of operation of Club Macondo.
He questions if the establishment is operating a full kitchen.
He will have all Class B establishments investigated to determine if everyone is in full compliance of the law.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hoyas, the following petition is LAID ON THE TABLE on a unanimous voice vote.
Petition of Macondo LLC., 242 Middle Street, LIC#10283 requesting permission to remain open until 2:00 a.m. on Fridays and Saturdays, and the night before a legal Rhode Island holiday.
The INFORMAL HEARING regarding the following license is TAKEN UP:
CLASS B (Victualer)
The Sports Zone Inc., d/b/a Pit Bar & Grille, 602 Smithfield Avenue. LIC#10263
Representing the Sports Zone Inc., is George Gagnon Sr.
Mr. Gagnon is informed by Councilor Clemente that he is being brought before the Board of License Commissioners because of a police report regarding operating after the legal closing hours of the Sports Zone Inc.
Captain Bruce Moreau states that on two occasions, mainly on January 14, 2001, and March 9, 2001, the business was open after 1:00 a.m. Police officers told the owners that all drinking must cease at 1:00 a.m. and the patrons must leave the establishment no later than 1:20 a.m.
Councilor Clemente states that he does not want trouble at this establishment and that this is a warning to Mr. Gagnon and any further incidents will result in a Formal Hearing.
The INFORMAL HEARING is closed.
Petition of Latin Sports Inc., d/b/a Discoteca 2000, 327 Barton Street, LIC#10176 requesting permission to remain open until 2:00 a.m. on Fridays and Saturdays, and the night before a legal Rhode Island holiday, which was advertised for a hearing at this time is TAKEN UP:
Representing applicant is Mark Kreiger, Attorney, 122 Old River Road, Lincoln R.I.
Also representing Discoteca 2000 is Analdo Penet, Officer and Manager of the Discoteca 2000.
Mr. Kreiger distributes a communication sent to Latin Sports Inc., on September 30, 1997, from Richard J. Goldstein, Clerk, regarding the 2:00 a.m. closing.
This letter is distributed for informational purposes only.
Mr. Kreiger is not asking to serve liquor after 1:00 a.m. His applicant is asking to continue operating per the letter dated September 30, 1997, which states that the doors close at 2:00 a.m. He wants to be allowed the same privilege as other establishments that are open until 2:00 a.m.; however, he does agree that all businesses should close at 1:00 a.m.
He states that this business has been operating until 2:00 a.m., for the seven years that it has been in operation. He is asking that permission be given to continue. He states that no one is allowed in the establishment after 11:00 p.m.; and is asking for an additional ½ to 45 minutes of music, and is not asking to serve liquor after 1:00 a.m.
Councilor Clemente asks for clarification regarding entertainment being allowed until 2:00 a.m. If permission were given, additional police officers and fire details would be needed on Friday’s and Saturday’s.
Councilor Clemente is concerned with the public safety.
Mr. Penet states that his clients are controlled when they leave his club.
George L. Kelley, III, Chief of Police reiterates everything he previously said during the Macondo hearing.
He emphasizes his familiarity with the liquor establishments, as prior to his position as Chief, he was the liquor control police officer for the city. He states that Discoteca 2000 was very cooperative when he was in charge of patrolling liquor establishments.
Commander Ormerod takes issue with Mr. Kreiger’s remarks on the establishment running a tight ship. He states that he ran a police report for the past three years and during that time 124 calls were made to the club between 1998 to present, resulting in 31 arrests, 21 of which were not Pawtucket residents.
Commander Ormerod reads a letter dated in 1999 requesting an additional police officer be assigned to the club.
He states that there is no advantage to the city for any business to remain open until 2:00 a.m. He also states that calls for police service are constant, many after 12 midnight, and a good number after 1:00 a.m.
Councilor Clemente wants to see all incidents reports in the future, resulting from calls made to this establishment.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente, seconded by Councilor Moran, the following petition is LAID ON THE TABLE on a unanimous voice vote.
Petition of Latin Sports Inc., d/b/a Discoteca 2000, 327 Barton Street, LIC#10176 requesting permission to remain open until 2:00 a.m. on Fridays and Saturdays, and the night before a legal Rhode Island holiday.
PRESIDENT BARRY REQUESTS THE POLICE CHIEF TO WORK WITH THE LEGAL DEPARTMENT TO GET A LEGAL INTERPRETATION OF THE ENTERTAINMENT LICENSE, AS IT AFFECTS THE CLOSING TIME OF LIQUOR ESTABLISHMENTS.
THE CHIEF IS REQUESTED TO HAVE HIS DEPARTMENT INVESTIGATE THE VICTUALLING HOUSE REQUIREMENTS FOR ALL CLASS B ESTABLISHMENTS IN THE CITY.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
Upon motion made by Councilor Clemente seconded by Councilor Moran, the Clerk is instructed to send a communication to the City Solicitor requesting a legal opinion on the interpretation of entertainment license portion affecting the liquor closing time portion of these establishments.
The following license is APPROVED on a unanimous voice vote:
Class F (Beer & Wine)
Petition of Sacred Heart Church to sell beer and wine at a Spring Dance at 38 Park Street, on Saturday, April 28, 2001, from 6:00 p.m. until 11:00 p.m. LIC# 76
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the meeting is adjourned at eight fifty-five o’clock p.m.