Pawtucket Board of License Commissioners
September 10, 2003
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 10, 2003, at 6:54 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 August 20, 2003, is dispensed with and the records are approved as prepared by the Clerk.
A public hearing is held on the following application for license, which was advertised for a hearing at this time, is taken up:
CLASS D
Novo Mundo Social Club (Transfer from JK Social Club) 127 Harrison Street, LIC# 10320
Speaking in favor is Kenneth Kando, Esq., 50 Power Road, attorney representing applicants.
Mr. Kando explains that this is a request to transfer ownership of a Class D liquor license to a new club. He states that the applicants will continue to operate this business the same as the previous owner.
Councilor Bray questions how long has this new club been in existence.
Armando Xavier and Antonio Barros, applicants, state that this is a brand new club and will seek new members. They further state that this club was formed to obtain this liquor license and they do not have any by-laws at this time.
Chairman Barry states that a license is granted to a club. The club needs to be formed prior to the granting of a license.
Mr. Xavier and Mr. Barros state that they have not formed the club yet, but they have incorporated.
Chairman Barry states that if there is no club formed that they do not qualify for a club license.
Chairman Barry questions that since the J K Social Club no longer operates at 127 Harrison Street and has been closed for some time does the license to operate actually exist and does the ordinance regarding diminishing the number of liquor licenses apply.
Mr. Kando requests that this matter be laid on the table until by-laws and a membership is formed.
Councilor Bray states her concerns that this club is being formed only to obtain a liquor license.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Communication from William A. Nesbitt, Jr., President, Woodlawn Neighborhood Association, to Councilor Mary Bray. (Objection to liquor license at 127 Harrison Street)
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
Communication from William A. Nesbitt, Jr., President, Woodlawn Neighborhood Association, to Councilor Mary Bray. (Objection to liquor license at 127 Harrison Street)
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, Councilor Bray introduces the following communication:
Claim of Arcaro, Belilove, and Kolodney, objecting to the transfer of Class D liquor license of JK Social Club, 127 Harrison Street, to Novo Mundo Social Club in the amount of $374.81.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED:
Claim of Arcaro, Belilove, and Kolodney, objecting to the transfer of Class D liquor license of JK Social Club, 127 Harrison Street, to Novo Mundo Social Club in the amount of $374.81.
THE CHAIR RECOGNIZES COUNCILOR BRAY.
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the following petition for license is LAID ON THE TABLE on a unanimous voice vote:
CLASS D
Novo Mundo Social Club (Transfer from JK Social Club) 127 Harrison Street, LIC# 10320
THE CHAIR RECOGNIZES COUNCILOR BRAY.
With majority consent of the Council, the following motion made by Councilor Bray, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, City Solicitor, regarding an application for transfer of the Class D liquor license of the J K Social Club at 127 Harrison Street.
The Council would like a legal opinion on the following:
What are the legal ramifications when a person has formed a Corporation with the Secretary of State’s office in order to file for a Class D liquor license, and no other criteria for a club have been met; i.e. by-laws, membership, minutes of meetings, etc.
The J K Social Club no longer operates at 127 Harrison Street and has been closed for some time; therefore, does the license to operate actually exist and does §108-4 and §108-5 regarding diminishing number of liquor licenses apply in this case?
THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
CLASS F (Beer & Wine)
Petition of Sacred Heart Church for a license to sell Beer and Wine at a Religious Festival, 38 Park Street on Friday, September 12, 2003 from 6:00 p.m. until 12:00 a.m.; Saturday, September, 13, 2003, from 6:00 p.m. until 12:00 a.m.; and Sunday, September 14, 2003, from 5:00 p.m. until 10:00 p.m., LIC# 122
Petition of St. Edward’s Church for a license to sell Beer and Wine at a Fundraiser in the Church Hall, Weeden Street, on Saturday, September 20, 2003, from 7:00 p.m. until 11:00 p.m., LIC# 123
Upon motion made by Councilor Bray, seconded by Councilor Grebien, the meeting is adjourned at 7:08 p.m.