Pawtucket Board of License Commissioners
December 5, 2007
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 5, 2007, at 6:57 p.m. in the Pawtucket Public Library Auditorium, 13 Summer Street, Pawtucket, RI.
Present – Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Absent – Chairperson Bray.
Vice Chair Hodge presides.
The reading of the records of November 20, 2007 is dispensed with and the records are approved as prepared by the Clerk.
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS BV (Victualer) – New
COS Inc., d/b/a Capital River Bar & Grill, 238 Middle Street, LIC#4838
Speaking in favor is Steven G. Wright, Esq., 1000 Smith Street, Providence, RI, attorney representing applicant Cesar Santos, who is also present.
Mr. Wright states that the establishment won’t open until all of the renovations are done, including a full kitchen. They have met with the Police Department, Frank J. Milos, Jr., Esq., Assistant City Solicitor, and Councilor Moran to discuss the application.
Mr. Santos is a sheriff and a Pawtucket resident. He would like to turn the establishment into a restaurant similar to Chelo’s. Mr. Santos’ cousin owns the property and Mr. Santos understands the issues with the prior operation.
Mr. Wright states that Mr. Santos will have 4 x 6 foot dining tables with a staff of approximately 20-30 people. The business will be open for lunch and dinner. The hours of operation will be Monday through Thursday from 12:00 Noon until 11:00 p.m. and Friday & Saturday from 12:00 Noon until 1:00 a.m. There will be recorded music and a DJ. There will be no live music.
Also speaking in favor is Cesar Santos, applicant.
Mr. Santos states that he has food service experience, but this will be his first time owning a business. He plans on being there 24/7.
Mr. Wright states that this establishment will be for an older age group than the club was. He will have Police and Fire details on Friday and Saturday nights for least 60 days. He will provide a full menu when he hires the head chef. He will have a new sign put up and will redo the parking lot and might put up gates around the lot.
Councilor Moran confirms that Mr. Thibeault has no connection with this license.
Mr. Wright states that if this license is approved, the appeal of the old license will go away.
Mr. Santos met with the neighbors and they were concerned about the past. Mr. Santos states that he gave them his personal phone number to call if there were any problems.
The next speaker is Ann Helgran, 246 Middle Street, Pawtucket, RI.
Ms. Helgran reads from a prepared statement that is introduced and made part of the record.
She reviews her concerns with the Council and states that she is not in opposition. She has met Mr. Santos and he was very nice. He came by to see her. She owns the property at 246 and 254 Middle Street and is concerned with what happens in the neighborhood at night when the establishment closes. This is when the problems used to occur, especially on weekends.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Moran, the following is READ AND ORDERED FILED:
Speaking points of Ann Helgran, 246 Middle Street, Pawtucket, RI regarding Public Hearing on the Class BV (Victualer) liquor license of COS Inc., d/b/a Capital River Bar & Grill, 238 Middle Street, LIC#4838.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Kinch, the following license is APPROVED with the following STIPULATIONS on a unanimous voice vote:
CLASS BV (Victualer) – New
COS Inc., d/b/a Capital River Bar & Grill, 238 Middle Street, LIC#4838
STIPULATIONS:
THE FORMAL HEARING ON THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD OCTOBER 24 AND NOVEMBER 7, 2007, AND IS AGAIN TAKEN UP:
CLASS B (Victualer)
Nova Churrasqueira Restaurant J & M LTD., 434 Broadway LIC#4201
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Attorney Michael F. Horan, Esq. Also present is Joe Medina, President, Nova Churrasqueira Restaurant J & M LTD.
Mr. Milos states that this is Nova Churrasqueira Restaurant’s first offense and states the reasons for the hearing as follows:
1. On or about September 22, 2007: Authorizing the sale or delivery to an underaged person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underaged person’s own use or of any other person (Violation of R.I. Gen. Laws § 3-8-1).
2. On or about September 22, 2007: Failure to maintain control of patrons, agents or employees and/or permitting any of the laws of this state to be violated on the license premises (Violation of R.I. Gen. Laws § 3-5-23).
Mr. Horan states that Mr. Medina accepts responsibility for the incident and files a plea of Nolo Contendre.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the license holder HAS ACCEPTED A PLEA OF NOLO CONTENDRE AND SHALL PAY A $250.00 FINE.
AN INFORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
*Cidade Velha Lounge Ltd., d/b/a C V Lounge, 214 Broad St. LIC#4171
1. A detail officer shall be present at the establishment on each and every Friday and Saturday from 9:30 p.m. until 1:30 a.m. commencing Friday, March 8, 2002.
2. Entertainment shall only be allowed on Friday and Saturday.
3. The license holder shall be placed on probation for a six-month period and if any incidents occur during this time frame, which rise to the level of the incident, which took place on February 5, 2002, shall result in a five (5) day suspension and will result in the calling of a new formal hearing on this violation.
4. Removal of the pay phone in the establishment and this phone shall not be replaced without Council approval.
Lawrence DaSilva, license holder, is present.
Councilor Chadwick states that there should have been a detail officer present and if no one showed up, Mr. DaSilva should have called the police department.
There are no other speakers.
The hearing is closed.
Communication from Attorney William J. Delaney to Pawtucket Board of License Commissioners. (Frank Milos - job well done - Tabu Restaurant & Lounge) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from the 50-50 Club, Inc. to the Pawtucket Board of License Commissioners, requesting permission to relocate the bar at 25 Pawtucket Avenue.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following communication is READ AND ORDERED FILED and the request of the 50-50 Club, Inc. to relocate the bar at 25 Pawtucket Avenue is APPROVED on a unanimous voice vote.
Upon motion made by Councilor Hodge, seconded by the entire City Council, the meeting is adjourned at 7:31 p.m.