Pawtucket Board of License Commissioners
October 10, 2007
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, October 10, 2007, at 6:46 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Councilors Bray, Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Absent – 0.
Councilor Bray presides.
The reading of the records of September 19, 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 B (Victualer)
50-50 Club Inc., (transfer from Teodoro & Benvindo Depina d/b/a E. A. Tavern) 4 Grace St. LIC#4814
Representing the applicant is Attorney Edward Dipippo, 1062 Reservoir Avenue, Cranston, RI.
Also present are applicants, Virgilio Fernandes, 12 City View Circle, North Providence, RI, and Flavio Lubrano, 35 Fenwood Avenue, Pawtucket, RI.
Councilor Barry states that he has spoken with the applicants regarding the problems at that location.
Also he stated that the establishment will be a neighborhood club. The employees will be going for TIPS Certification on October 25, 2007.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Grebien, the following license is APPROVED on a unanimous voice vote:
CLASS B (Victualer)
50-50 Club Inc., (transfer from Teodoro & Benvindo Depina d/b/a E. A. Tavern) 4 Grace St. LIC#4814
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communication.
Communication from Richard J. Goldstein, City Clerk, to Pawtucket Board of License Commissioners. (Four G’s Liquors – fine paid)
Upon motion made by Councilor Wildenhain, seconded by Councilor Grebien, the following communication is READ AND ORDERED FILED.
Communication from Richard J. Goldstein, City Clerk, to Pawtucket Board of License Commissioners. (Four G’s Liquors – fine paid)
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 license holder Guil Viveiros.
Also present at the hearing is Stenographer Sandra Bachini Gaboriault.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Councilor Wildenhain states that because the remainder of the fine has been paid, NO ACTION will be taken upon this liquor license at this time.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Eagle Express Chinese Restaurant, Corporation d/b/a Le-Noir Bar, 852 Newport Ave. LIC#10166
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor; and Lt. Michael Newman and Officer Mario Carmello, Pawtucket Police Department.
Representing the license holder is Attorney Benedetto Cerilli, Jr. Also present are Jennifer Rodriguez, Manager of the Le-Noir Bar and Jerson Rodriguez, DJ at the Le-Noir Bar.
Also present at the hearing is Stenographer Sandra Bachini Gaboriault.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilors Hodge and Wildenhain, Eagle Express Chinese Restaurant, Corporation d/b/a Le-Noir Bar, is found to be in violation of state law, city ordinances and liquor control administration rules as listed in counts one and two of the summons, on a roll call vote, as follows:
Ayes – Councilors Bray, Barry, Carr, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Noes – 0
1. On or about August 27, 2007: Operating after hours. (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration).
2. On or about August 27, 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 CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, EAGLE EXPRESS CHINESE RESTAURANT, CORPORATION D/B/A LE-NOIR BAR SHALL PAY A $500.00 FINE AND THE LICENSE SHALL BE SUSPENDED FOR A PERIOD OF THREE (3) DAYS, SPECIFICALLY FRIDAY, OCTOBER 19, 2007; SATURDAY, OCTOBER 20, 2007 AND SUNDAY, OCTOBER 21, 2007, ON A UNANIMOUS VOICE VOTE.
ALSO, IF THE $500.00 FINE IS NOT PAID BY OCTOBER 21, 2007, THIS ESTABLISHMENT MAY NOT REOPEN AFTER THE SUSPENSION UNTIL THE FINE IS PAID.
Communication from Major Arthur J. Martins to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – Uniao Portuguesa Beneficente Inc., 134 Benefit Street and Fidjos DiDjabraba, 682 Roosevelt Ave) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilors Grebien, Wildenhain and Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue Summonses to Uniao Portuguesa Beneficente Inc., 134 Benefit Street and Fidjos DiDjabraba, 682 Roosevelt Avenue, to appear at FORMAL HEARINGS on Wednesday, October 24, 2007, for the following reasons:
1. On or about September 14, 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 14, 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).
Communication from Major Arthur J. Martins to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – JK Club LLC d/b/a JK Club, 520 Central Avenue; Dean Properties Inc., d/b/a Central Avenue Grill, 836 Central Avenue; Nova Churrasqueira Restaurant J & M LTD, 434 Broadway and Alden Street Food Services LLC d/b/a Volcano Grill, 47 Mendon Avenue) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, the following motion made by Councilor Hodge, seconded by Councilors Chadwick, Grebien and Moran is PASSED on a unanimous voice vote:
The Clerk is instructed to issue Summonses to JK Club LLC d/b/a JK Club, 520 Central Avenue; Dean Properties Inc., d/b/a Central Avenue Grill, 836 Central Avenue; Nova Churrasqueira Restaurant J & M LTD, 434 Broadway and Alden Street Food Services LLC d/b/a Volcano Grill, 47 Mendon Avenue to appear at FORMAL HEARINGS on Wednesday, October 24, 2007, for the following reasons:
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).
Communication from Andrew G. Nault, Esq., to Richard J. Goldstein, City Clerk. (CV Island, Inc., d/b/a Checkmate Pub Pizza - change of the stipulations) is READ AND ORDERED FILED AND THE REQUEST TO CHANGE THE STIPULATIONS IS APPROVED AS FOLLOWS:
1. May expand the entertainment allowed to include karaoke or a small band of up to 3 instruments until 12:30 am from Thursday to Sunday.
2. May expand the bar seating from 6 to 10 seats.
3. May change the name of the establishment to “Checkmate Grill and Lounge.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following petition:
Class F (Beer & Wine)
Petition of Knights of Columbus Council #91, to sell beer and wine at a Fund Raiser/Dinner for St. John’s Baptist Church, at 69 Quincy Avenue, on Saturday, October 27, 2007, from 7:00 p.m. to 12:00 a.m. LIC#4815
Upon motion made by Councilor Barry, seconded by Councilor Chadwick, the following petition is APPROVED on a unanimous voice vote:
Class F (Beer & Wine)
Petition of Knights of Columbus Council #91, to sell beer and wine at a Fund Raiser/Dinner for St. John’s Baptist Church, at 69 Quincy Avenue, on Saturday, October 27, 2007, from 7:00 p.m. to 12:00 a.m. LIC#4815
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:55 p.m.