Pawtucket Board of License Commissioners
December 8, 2004
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 8, 2004, at 6:45 p.m. in the City Council Chamber, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairman Barry, Councilors Carr, Grebien, Moran and Wildenhain.
Absent – Councilors Bray, Clemente, Hoyas and Moran.
Chairman Barry presides.
The reading of the records of November 23, 2004, is dispensed with and the records are approved as prepared by the Clerk.
Communication from Arcaro, Belilove, and Kolodney, Attorneys at Law, objecting to the transfer of Class BV Liquor License of Churrasqueira DaBeira Inc., 434 Broadway, to Nova Churrasqueira Restaurant J & M LTD, in the total amount of $1,919.02 is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communications:
Communication from McLaughlin & Moran, Inc., objecting to the transfer of Class B (Victualer) liquor license of Churrasqueira DaBeira Inc., 434 Broadway to Nova Churrasqueira Restaurant J & M LTD, in the amount of $295.89
Communication from Arcaro, Belilove, and Kolodney, Attorneys at Law, objecting to the transfer of Class BV Liquor License of Churrasqueira DaBeira Inc., 434 Broadway, to Nova Churrasqueira Restaurant J & M LTD, in the total amount of $2,676.93 is READ AND ORDERED FILED.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the following communications are READ AND ORDERED FILED:
Communication from McLaughlin & Moran, Inc., objecting to the transfer of Class B (Victualer) liquor license of Churrasqueira DaBeira Inc., 434 Broadway to Nova Churrasqueira Restaurant J & M LTD, in the amount of $295.89
Communication from Arcaro, Belilove, and Kolodney, Attorneys at Law, objecting to the transfer of Class BV Liquor License of Churrasqueira DaBeira Inc., 434 Broadway, to Nova Churrasqueira Restaurant J & M LTD, in the total amount of $2,676.93 is READ AND ORDERED FILED.
A public hearing is held on the following application for license, which was advertised for this time:
CLASS B (Victualer)
Previous Stipulations:
1. There shall be one (1) parking space for every 4 patrons.
2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.
3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.
Representing the applicant is Attorney Paul Bettencourt, 349 Warren Avenue, East Providence, RI
Mr. Bettencourt states that one of the principals, Joseph Medina, was chef at the restaurant up to four years ago, and is now applying to own the business.
Attorney Bettencourt states that the new owners will operate the same type of business as the current owner.
Councilor Wildenhain asks if the new owners will have the same employees. Mr. Bettencourt states yes.
Councilor Wildenhain asks if there is a problem with the stipulations currently on the license. Attorney Bettencourt states that there is no problem.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Grebien, the following license is APPROVED PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS, on a unanimous voice vote:
CLASS B (Victualer)
Nova Churrasqueira Restaurant J & M LTD (Transfer from Churrasqueira Da Beira Inc) 434 Broadway, LIC# 10336
Stipulations:
1. There shall be one (1) parking space for every 4 patrons.
2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.
3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.
COUNCILOR CLEMENTE ARRIVES AT 6:50 PM
The following license is GRANTED on a unanimous voice vote:
Class F –1 (Beer & Wine)
Petition of St. Teresa Church to sell beer and wine at an Oldies Dance to benefit Basketball Program, at 358 Newport Avenue (St. Teresa’s Church Hall) on Saturday, January 22, 2005, from 6:00 p.m. to 11:00 pm. LIC#141
Communication from Robert L. Thibeault, President of Boson Associates Inc., d/b/a Macondo, 242 Middle Street, to Janice M. LaPorte, CMC, City Clerk, requesting the d/b/a name change from Macondo to Panache Martini Lounge is READ AND ORDERED FILED AND THE REQUEST TO CHANGE THE D/B/A TO PANACHE MARTINI LOUNGE NAME IS APPROVED ON A UNANIMOUS VOICE VOTE
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor, to Janice M. LaPorte, CMC, City Clerk, regarding Appeal of Boson Associates Inc., d/b/a Macondo’s is READ AND ORDERED FILED.
Rhode Island Department of Business Regulation submitting order appointing hearing officer and providing notice of hearing regarding Boson Associates Inc., d/b/a Macondo (January 6, 2005 at 1:00 p.m.) is READ AND ORDERED FILED.
THE COUNCIL RECESSES AT 6:55 PM.
COUNCILOR HOYAS ARRIVES AT 7:10 PM.
THE COUNCIL RECONVENE AT 7:25 PM.
A formal Hearing regarding the following license is taken up:
FORMAL HEARING
CLASS B (Victualer)
Country Lounge, Inc., d/b/a Tommy’s Lounge, 99 India Street, LIC#10054
Representing the city is Frank J. Milos, Jr., Assistant City Solicitor
Representing Country Lounge, Inc., is Ralph Ryan, Attorney
Also present is Major Stephen Ormerod.
Stenographer Sandra Bachini-Gaboriault.
THE DETAILED TESTIMONY OF THIS HEARING IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
Frank Milos states that the license holder is present and has agreed to a one day suspension, will hire a police officer on Fridays and Saturdays, to be reviewed in six months, and will sign a plea agreement.
THE CHAIR RECOGNIZES COUNCILOR HOYAS.
With majority consent of the Council, the following motion made by Councilor Hoyas, seconded by Councilor Clemente, is passed on a unanimous voice vote:
The Class B (Victualer) liquor license of Country Lounge, Inc., d/b/a Tommy’s Lounge, 99 India Street, LIC#10054, is SUSPENDED for One (1) day, specifically SATURDAY, JANUARY 9, 2005, for Failure to maintain control of patrons and/or employees, agents; and/or endangering the health, safety and welfare of the general public; and/or permitting the house or place licensed to sell beverages under the provisions of Title 3 of the General Laws to become disorderly as to annoy and disturb the persons inhabiting or residing in the neighborhood; and/or permitting any of the laws of this state to be violated in the neighborhood; AND FURTHER
A detail officer shall be hired for Fridays and Saturdays beginning December 10, 2004, for a period of six months, at which time this condition will be reviewed to determine whether there is a continued need for a detail officer.
Upon motion made by Councilor Hodge, seconded by Councilor Grebien, the meeting is adjourned at 7:29 p.m.