Pawtucket Board of License Commissioners
February 7, 2007
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 7, 2007, at 6:47 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairman Bray; Councilors Barry, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
Absent – Councilor Carr.
Chairman Bray presides.
The reading of the records of January 24, 2007 is dispensed with and the records are approved as prepared by the Clerk.
Communication from David Miller, 28 Birchland Avenue, Pawtucket, RI, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the total amount of $10,000. is READ AND ORDERED FIELD.
Communication from Ken Shoemaker, Toppa’s Foodservice & Paper Supply, P.O. Box 6008, Middletown, RI, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $3,203.15 is READ AND ORDERED FILED.
COUNCILOR CARR ARRIVES AT 6:50 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from McClaughlin & Moran, Inc., objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $3,063.65.
Upon motion made by Councilor Hodge, seconded by Councilors Barry and Grebien, the following communication is READ AND ORDERED FILED.
Communication from McClaughlin & Moran, Inc., objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $3,063.65.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Scott Sogard, Paramount Properties, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $64,580.00
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED.
Communication from Scott Sogard, Paramount Properties, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $64,580.00
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS B (Victualer)
DIP Inc., d/b/a Doherty’s East Ave Irish Pub, (Transfer from Tory’s Tavern LLC d/b/a East Avenue Café) 342 East Ave. LIC#10368
Speaking in favor for the applicant, DIP, Inc., is attorney Daniel Chaika, 1215 Reservoir Avenue, Cranston, RI 02920.
Also speaking in favor for the transferor, Tory’s Tavern, LLC, is attorney Joseph Raheb, 650 Washington Highway, Lincoln, RI 02865.
Mr. Chaika states that this will be a family friendly place and the hours of operation will be from 11:00 a.m. to 1:00 a.m. Monday through Saturday and from 12:00 p.m. to 1:00 a.m. on Sundays.
Mr. Chaika states that the applicant would like to have acoustical music on Thursday nights.
He further states that the applicant holds licenses in other cities and has agreed to maintain the island in front of their building.
Speaking in opposition is David Miller, 28 Birchland Avenue, Pawtucket, RI.
Mr. Miller states that he gave Mr. Hibbert from Tory’s Tavern LLC a check for $10,000 as a down payment for future ownership of East Avenue Café.
Mr. Miller presents a copy of an e-mail as evidence of what he is claiming, which is made part of the record.
Speaking in opposition is Marc Dupuis, 17 Carriage Drive, Lincoln, RI.
Mr. Dupuis states that he objects to the transfer, as Tory’s Tavern, LLC owes Dupuis Oil $3,003.52. He presents a letter stating his claim, which is made part of the record.
Speaking in opposition is Scott Sogard, 10 Weybosset Street, Providence, RI.
Mr. Sogard states that he works for a real estate firm, Paramount Properties, and was contacted by Mr. Hibbert, who stated that he wanted the business sold fast. He states that he got several offers for this establishment, which he passed on to Mr. Hibbert.
Mr. Sogard explains that his contract states that he gets paid if the property is sold by Paramount Properties or by Mr. Hibbert. Mr. Sogard believes that Mr. Hibbert acted to sell the business to DIP, Inc. on his own to avoid paying Paramount Properties their commission.
Upon questioning from Councilor Barry, City Solicitor Margaret Lynch-Gadaleta presents a photo for the record which shows that the address for the license holder, Tory’s Tavern, LLC, 541 Hope Street, Bristol, RI, is a vacant lot.
Mr. Raheb states that there were twelve units on the 541 Hope Street lot and Mr. Hibbert used one of these units for an office. Mr. Raheb states that all of the mail for the corporation was sent there. This property was sold only four months ago.
Mr. Miller states that he contacted the town of Bristol, which told him that this property has been vacant for 3 ½ years and the building was torn down 4-5 months ago.
Mr. Raheb assures the Council that the building had tenants last summer and the only taxes owed are for the last 2-3 quarters.
Mr. Raheb explains that the license holder intends to pay all legitimate claims; however, the creditors cannot be paid until after the closing on the business. He states that he has sent letters to all of the creditors asking if they would be willing to accept 60%-70% on the dollar and most have agreed. He states that Mr. Hibbert has gotten himself into quite a mess and will be taking no money from the closing. All money will go to pay of the creditors, at 60%-70% on the dollar.
Mr. Raheb states that he believes that claims for the purchase of the building are not eligible under RIGL 3-5-19, which states that the only claims accepted are claims for the indebtedness for the running of the business. Mr. Raheb states that his position is that Mr. Miller owes his client Mr. Hibbert money.
Mr. Dupuis states that he has made attempts to contact Mr. Raheb about the payments owed by Mr. Hibbert and got no response. He states that he did recently get a letter about a proposed settlement.
Mr. Chaika states that the money from the closing will go to claimants, not to Mr. Hibbert. DIP, Inc. will pay all legitimate claims.
There are no other speaks.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Marc Dupuis, Vice President of Dupuis Oil, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $3,003.52.
Upon motion made by Councilor Barry, seconded by Councilors Hodge and Grebien, the following communication is READ AND ORDERED FILED.
Communication from Marc Dupuis, Vice President of Dupuis Oil, objecting to the transfer of Class B (Victualer) Liquor License of Tory’s Tavern LLC d/b/a East Avenue Cafe, to DIP Inc., d/b/a Doherty’s East Ave Irish Pub, in the amount of $3,003.52.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Wildenhain, the following license is LAID ON THE TABLE, on a unanimous voice vote:
CLASS B (Victualer)
DIP Inc., d/b/a Doherty’s East Ave Irish Pub, (Transfer from Tory’s Tavern LLC d/b/a East Avenue Café) 342 East Ave. LIC#10368
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to send a communication to Margaret M. Lynch-Gadaleta, Esq., City Solicitor, requesting that she send a communication to Jeffery J. Greer, Associate Director of Commercial Licensing & Regulation, Department of Business Regulation, regarding the transfer of the Class B Victualer license of Tory’s Tavern LLC, d/b/a East Avenue Café to DIP, Inc., d/b/a Doherty’s East Ave Irish Pub. The Board is requesting that she forward all materials pertaining to the hearing on said transfer to Mr. Greer. In addition, the Board would like to know from Mr. Greer if the business address of Tory’s Tavern LLC, 541 Hope Street, Bristol, RI, is legitimate and the consequences if said address is not legitimate. Finally, they would like to know if the claim of David Miller is appropriate under state law.
THE FOLLOWING FORMAL HEARING WAS LAID ON THE TABLE AT THE MEETING HELD JANUARY 24, 2007 AND IS AGAIN TAKEN UP:
CLASS B (Victualer)
Boson Associates, Inc., d/b/a Macondo, 242 Middle Street, LIC#10296
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Attorney Andrew G. Nault.
Also present is Stenographer Sandra Bachini Gaboriault.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
Mr. Milos submits the request to enter plea of Nolo Contendre, which is made part of the record.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the City ACCEPTS A PLEA OF NOLO CONTENDRE. THE LICENSE HOLDERS SHALL PAY A $1,000.00 FINE AND THE LICENSE SHALL BE SUSPENDED FOR A PERIOD OF TEN (10) DAYS, SPECIFICALLY FRIDAY, MARCH 2, 2007 THROUGH AND INCLUDING SUNDAY, MARCH 11, 2007, FOR THE FOLLOWING REASONS:
1. 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 where you are 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, on or about October 28, 2006, as well as other numerous occasions (i.e., July 16, 2006 and August 14, 2006) in violation of R.I.G.L. 3-5-23);
2. Operating after hours, on or about October 28, 2006 (Rule #18 – Liquor Control Administration);
3. Failure to adhere to the orders of a Police Officer on or about October 28, 2006;
4. Excessive Loud music on or about November 25, 2006, in violation of Section 286 of the Code of Ordinances of the City of Pawtucket;
THE FOLLOWING STIPULATIONS HAVE BEEN ADDED TO THE LICENSE:
· A detail officer shall be hired every Sunday evening (in ADDITION to the current requirement for detail officers on Friday and Saturday evenings and any night before a legal Rhode Island holiday between the hours of 9:30 p.m.– 1:30 a.m.);
· Said detail officers shall have decibel readers at all times to ensure that noise levels are kept to the legal limits;
· Back doors shall be kept closed at all times except in case of emergencies.
· Activity reports shall be provided by the Police Department every two months. The first report shall be for the period from February 1 through March 31, 2007.
A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS D
Aladdin Club Inc., d/b/a Theatre Tap, 607 Smithfield Avenue, LIC#10253
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, Councilor Chadwick introduces the following communication:
Communication from Michael F. Horan, Esq., to Mary Bray, President of the Pawtucket City Council. (Aladdin Club Inc., d/b/a Theatre Tap, 607 Smithfield Avenue – Two week delay on formal hearing)
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED AND THE HEARING IS TO BE CONTINUED UNTIL FEBRUARY 21, 2007, on a unanimous voice vote:
Communication from Michael F. Horan, Esq., to Mary Bray, President of the Pawtucket City Council. (Aladdin Club Inc., d/b/a Theatre Tap, 607 Smithfield Avenue – Two week delay on formal hearing)
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
Class F (Full Privilege)
Petition of Cape Verdean American Community Development, to sell alcoholic beverages at Fund Raiser Dinner/Dance, at 120 High Street, on Saturday, February 17, 2007, from 9:30 p.m. to 1:00 a.m. LIC#179
Upon motion made by Councilor Hodge, seconded by Councilors Barry, the meeting is adjourned at 7:53 p.m.