Pawtucket Board of License Commissioners
July 11, 2007
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, July 11, 2007, at 7:28 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran, and Wildenhain.
Absent – President Bray.
President Pro-tempore Hodge presides.
The reading of the records of June 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 T (Theater) –
Gallery Events LLC, 400 Main Street, LIC#10375
Speaking in favor is attorney Michael F. Horan, 393 Armistice Boulevard, Pawtucket, RI, representing the applicant.
Also speaking in favor is the applicant, Lauren Holt, 400 Main Street, Pawtucket, RI
Mr. Horan states that the license will be similar to the Gamm Theater. They would like to be able to serve alcohol at special events. They understand that this is a limited license to sell alcoholic beverages one hour before and one hour after the event.
Ms. Holt states that they are building a recording studio and gallery space at this location. She states that the license is crucial to making profits.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is APPROVED, on a unanimous voice vote:
CLASS T (Theater) –
Gallery Events LLC, 400 Main Street, LIC#10375
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS A
Aurora Enterprises, LLC d/b/a JR Sav-On Liquors, 350 Benefit Street, LIC#10338
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Brian Fitzgerald, 35 Livingston Road, Sharon, MA 02067.
Mr. Milos states that this is Mr. Fitzgerald’s first offence and he has entered a plea of Nolo Contendre. Mr. Milos recommends accepting the plea, along with a $500.00 fine and no suspension.
Mr. Fitzgerald apologizes for the incident and states that this will not happen again. He will ensure that all new employees be STOP/TIPS trained.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Grebien, the City Council ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $500.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about June 2, 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 June 2, 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS A
Guil Viveiros, LLC d/b/a Four G’s Liquors, 462 Central Avenue, LIC#10332
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Guil Viveiros, 8 Bates Avenue, Wilmington, MA.
Mr. Milos states that this is Mr. Viveiros’ first offence and he has entered a plea of Nolo Contendre. Mr. Milos recommends accepting the plea, along with a $500.00 fine and no suspension.
Mr. Viveiros states that he has made a mistake and it won’t happen again.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Moran, the City Council ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $500.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about June 2, 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 June 2, 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS 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 Andrew Nault, Esq., attorney representing Joao Alves, 49% stockholder of Boson Associates, Inc.
Also present from the Pawtucket Police Department are Major Arthur J. Martins, Officer David Medeiros, Officer Justin Jesse, Officer John Duffin, Officer Robert Cardente, Officer Michael Lajoie and Sergeant Thomas Newman.
The first speaker is Major Arthur J. Martins, Pawtucket Police Department.
Major Martins is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning from Mr. Milos, Major Martins states that he has been asked by the Council to submit an activity report on Macondo every two months. In April and May 2007, the police were dispatched to Macondo twelve times. Nine of those times were on Sunday nights into Monday mornings.
The next speaker is Officer David Medeiros, Pawtucket Police Department.
Officer Medeiros is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning from Mr. Milos, Officer Medeiros states that he has been a Police Officer for the past five years.
Officer Medeiros states that on April 9, 2007 he was working a detail at Macondo. At 1:00 a.m., when the bar was about to close, he was informed of a fight downstairs. When he got downstairs, he saw approximately ten males who were arguing and throwing chairs.
Officer Medeiros states that he told Antonio Tavares to leave. Mr. Tavares refused to leave and began swearing and arguing. Mr. Tavares was arrested for disorderly conduct and resisting arrest. He has pled Nolo Contendre to the charges.
The next speaker is Officer Justin Jesse, Pawtucket Police Department.
Officer Jesse is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning from Mr. Milos, Officer Jesse states that he has been a Police Officer for the past year.
Officer Jesse states that on April 23, 2007, he was on duty and at approximately 1:00 a.m. He was dispatched to Macondo to assist with the closing. When he arrived, he saw three people leaving the establishment. He heard a loud bang coming from 220 Middle Street. He saw people leave Macondo and congregate at 220 Middle Street. At 220 Middle Street, he saw approximately 5 people there and a large dent on the hood of a car and cinder block lying there.
The next speaker is Officer John Duffin, Pawtucket Police Department.
Officer Duffin is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning from Mr. Milos, Officer Duffin states that he has been a Police Officer for the past eleven years.
Officer Duffin states that on May 14, 2007, he was dispatched to Macondo at closing time because of a dispute. When he arrived, he saw approximately 30-50 people on the street. There was a group of them fighting. They were in front of the doorway and in the driveway of Macondo.
Officer Duffin states that Nelson Cardoso was throwing punches, yelling, screaming, and would not leave the area when instructed. He pepper sprayed and arrested Mr. Cardoso for disorderly conduct. Mr. Cardoso pled Nolo Contendre to the charges on May 31, 2007.
Councilor Moran asks Officer Duffin if any employees or management of the club tried to help break up the fight. Officer Duffin replies that he saw no one who worked at the club.
The next speaker is Officer Robert Cardente, Pawtucket Police Department.
Officer Cardente is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning from Mr. Milos, Officer Cardente states that he has been a Police Officer for the past eight years.
Officer Cardente states that on May 14, 2007, he was dispatched to Macondo because an officer was asking for assistance. He heard noise in the background. When he arrived, he saw approximately 40-50 people in the street and there was a fight occurring. He tried to move the crowd away.
Officer Cardente states that the crowd was gathered in the road, on the sidewalk and in the entrance to the lot. He approached Aderito Vieira who was standing in the roadway yelling at the crowd and obstructing traffic. Mr. Vieira stated that he wanted to help. Officer Cardente told Mr. Vieira that the best way he could help would be to move out of the roadway. Mr. Vieira refused to move and began swearing. Officer Cardente states that Mr. Vieira did move when his supervisor, Sgt. Newman instructed him to.
Officer Cardente states he then heard an argument between Mr. Vieira and a woman in the parking lot. When told to leave, Mr. Vieira refused and became argumentative. Mr. Vieira was arrested for disorderly conduct. The case is still pending.
Officer Cardente states that he believes that 3-4 people were arrested that night and at least seven officers were on the scene.
The next speaker is Officer Michael Lajoie, Pawtucket Police Department.
Officer Lajoie is sworn in by City Clerk, Richard J. Goldstein.
Officer Lajoie states that on May 14, 2007, he responded to Macondo to handle a dispute. When he arrived, he saw approximately 40-45 people. Officer Lajoie states Ocataviano Alves approached him and Officer Duffin, while Officer Duffin was trying to place Nelson Cardoso under arrest. Mr. Alves swore and became threatening and would not step back.
Officer Lajoie states that Mr. Alves refused to leave the area and others began to gather around. Mr. Alves was placed under arrest for disorderly conduct and resisting arrest. He pled Nolo Contendre to the charges.
The next speaker is Sergeant Thomas Newman, Pawtucket Police Department.
Sgt. Newman is sworn in by City Clerk, Richard J. Goldstein.
Upon questioning by Mr. Milos, Sgt. Newman states that he has been a Police Officer for the past 12 years.
Sgt. Newman states that on May 14, 2007, he was dispatched to Macondo for a Code 2, which calls for the use of lights and sirens because an officer may be in trouble.
Sgt. Newman states that when he arrived, there were cars lined all the way up Middle Street. He believes that the estimate 0f 40-50 people at the scene is understating it. There were maybe 40-50 people in front of the building, but there were many more in the lot and in the back. Sgt. Newman observed Nelson Ramos who was walking in the middle of the road and obstructing traffic. Mr. Ramos refused to exit the roadway and was arrested for disorderly conduct.
COUNCILOR BARRY LEAVES AT 7:16 PM.
The next speaker is Andrew Nault, Esq., 1334 Mendon Road, Cumberland, RI, representing Joao (John) Alves, who owns 49% of Boson Associates, Inc.
Mr. Nault discusses the prior formal hearing involving Macondo, which was held in February 2007. He states that Mr. Alves is still looking for someone to take over the 51% ownership from Mr. Thibeault. He has Mr. Santos lined up as an interested party.
Mr. Nault states that his client does not want him to come to this hearing to fight the facts. He wants to solve the problems. Mr. Santos is interested in taking over Mr. Thibeault’s share of the license and working with Councilor Moran and Major Martins to find solutions to the problems.
Mr. Nault states that he hopes the Council will allow this transfer to take place in the future.
The next speaker is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Upon questioning from Councilor Moran, Mr. Milos states that there have been formal hearings regarding Macondo on November 10, 2004 and recently on February 7, 2007.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the license of Boson Associates, Inc., d/b/a Macondo, 242 Middle Street, LIC#10296, is hereby REVOKED, pursuant to R.I. Gen. Laws § 3-5-21 and 3-5-23 for violation of the following:
1. On or about April 9, 2007: 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 (see attached police report) (Violation of R.I. Gen. Laws § 3-5-23).
2. On or about April 23, 2007: 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 (see attached police report) (Violation of R.I. Gen. Laws § 3-5-23).
3. On or about May 14, 2007: 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 (see attached police report) (Violation of R.I. Gen. Laws § 3-5-23).
COUNCILOR BARRY RETURNS AT 7:21 PM.
Communication from Major Arthur J. Martins, to Richard J. Goldstein, City Clerk. (Illegal Sale of Alcohol to Underage Person – Howard-Rogers Holding Corporation Inc., 25 McCallum Street) is READ AND ORDERED FILED.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
Class F –1 (Beer & Wine)
Petition of Pawtucket Arts Festival Committee to sell beer and wine at Arts Festival, in various locations (see attached), from Friday, September 7, 2007, through Sunday, September 16, 2007, LIC#188
Upon motion made by Councilor Kinch, seconded by Councilor Chadwick, the meeting is adjourned at 8:24 p.m.