Pawtucket Board of License Commissioners
October 10, 2001
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, October 10, 2001, at seven forty-one o’clock p.m. in the City Council Chamber, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairman Barry; Councilors Bray, Carr, Clemente, Grebien, Hodge, Hoyas, Moran and Wildenhain.
Absent - 0.
Chairman Barry presides.
The reading of the records of September 19, 2001, is dispensed with and the records are approved as prepared by the Clerk.
A PUBLIC HEARING ON THE FOLLOWING PETITION FOR LICENSE WHICH WAS RECESSED ON SEPTEMBER 19, 2001, IS AGAIN TAKEN UP:
CLASS B (Victualer)
Eugenio Gibau and Belarmino Darosa d/b/a Malibu Sports Lounge (Transfer from The Sports Zone, Inc. d/b/a Pit Bar & Grille) 602 Smithfield Avenue, LIC# 10298
STIPULATIONS
1. Entertainment allowed 1 day per week on either Fridays or Saturdays.
2. A Detail Police Officer shall be hired on Fridays and Saturdays between the hours of 9:30 p.m. and 1:30 a.m. (added 5/9/01)
Speaking in favor are the following:
Carl Levin, Attorney representing the applicant.
Eugenio Gibau, 283 Weeden Street, Pawtucket, RI, applicant.
Mr. Levin submits a copy of the purchase agreement for the record.
Upon questioning from Councilor Clemente, Mr. Gibau states that he wants to run a clean, family-style food restaurant. Until he can earn enough money to make the changes, he will continue the same type of operation as the previous owner. He hopes in the near future to be able to change the business into a family style restaurant.
Mr. Gibau states that he has experience in the restaurant business. He also states that his partner, Belarmino Darosa, has experience as well.
Councilor Clemente states that he will leave the entertainment stipulation in effect (One day per week either Friday or Saturday)
Councilor Clemente states that based on the way Mr. Gibau has been managing the business, he will lift the stipulation for a police detail to allow for the transition from a bar to a restaurant. However, if problems arise, he will require the reinstatement of the police detail.
Mr. Gibau asks if the trade name can be changed from Malibu Sports Lounge to Mailbu Bar & Grille.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CLEMENTE.
With majority consent of the Council, upon motion made by Councilor Clemente, seconded by Councilor Hodge, the following application for license is APPROVED on a unanimous voice vote, with the following STIPULATION:
CLASS B (Victualer)
Eugenio Gibau and Belarmino Darosa d/b/a Malibu Sports Lounge Malibu Bar & Grille.(Transfer from The Sports Zone, Inc. d/b/a Pit Bar & Grille) 602 Smithfield Avenue, LIC# 10298
STIPULATION
1. Entertainment allowed 1 day per week on either Fridays or Saturdays.
Claim of Arcaro, Belilove, and Kolodney, objecting to the transfer of Class A liquor license of G & F Spirits, Inc., 139 Benefit Street, to 1520 Ambema, Inc. 1516 Newport Avenue, in the amount of $899.67 is READ AND ORDERED FILED.
A public hearing is held on the following application for license advertised for this time:
CLASS A
1520 Ambema, Inc. d/b/a Borderline Liquors (Formerly Angell Liquors, Inc.) 1516 Newport Avenue (Transfer from G & F Spirits, Inc., 139 Benefit Street) LIC# 10299
Speaking in favor are the following:
Joseph Lamagna, Attorney, 716 Central Avenue, Pawtucket, RI, representing the applicant.
Mahendra Patel, 1001 Village Road East, Norwood, MA.
Mr. Patel states that he ran a similar business in New York. He will have 3 people working in the store. He states the hours of operation will from 10 AM until 10 PM.
Mr. Lamagna states that G & F Spirits is going out of business and the building at 139 Benefit Street is being sold.
Mr. Lamagna explains that the 1516 Newport Avenue location was the address of the Class A license of Angell Liquors Inc., who have lost their lease.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, upon motion made by Councilor Moran, seconded by Councilor Hodge, the following application for license is APPROVED on a unanimous voice vote, PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS:
CLASS A
1520 Ambema, Inc. d/b/a Borderline Liquors (Formerly Angell Liquors, Inc.) 1516 Newport Avenue (Transfer from G & F Spirits, Inc., 139 Benefit Street) LIC# 10299
Communication from George L. Kelley, III, Chief of Police, to the Pawtucket City Council, Board of License Commissioners, (Sale of Alcohol to Underage Persons) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to summons all Liquor License Holders listed as violators in the underage liquor compliance checks conducted by the Pawtucket Police Department, to appear at a FORMAL HEARING on October 24, 2001, at 7:30 p.m. regarding police allegations of selling alcoholic beverages to minors.
In addition, if violators wish to avoid a formal hearing on the merits, it is possible for them to resolve this matter by way of an admission of the facts which have been alleged against them. In consideration of an affirmative plea of “nolo cotendere” (no contest) to the charges as set forth in the Summons, the matter would be resolved in lieu of a hearing. The conditions of the plea would be as follows:
FIRST TIME OFFENDERS:
Imposition of a $250 fine.
SECOND TIME OFFENDERS:
Imposition of a $750 fine, plus a suspension of no less than 2 days.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Robert Thibeault, Boson Associates, Inc., d/b/a Macondo, 242 Middle Street, rescheduling the Informal Hearing to be held on Wednesday, October 24, 2001, regarding recent activity at Macondo’s.
Upon motion made by Councilor Bray, seconded by Councilor Hodge, the meeting is adjourned at eight four o’clock p.m.