Pawtucket Board of License Commissioners
October 24, 2007
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, October 24, 2007, at 6:55 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 October 10, 2007 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS D
Uniao Portuguesa Beneficente, Inc., 134 Benefit St. LIC#4083
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Attorney Paul Bettencourt.
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 MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the license holder HAS ACCEPTED A PLEA OF NOLO CONTENDRE, AND SHALL PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about September 14, 2007: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Fidjos DiDjabraba, 682 Roosevelt Ave. LIC#4155
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Jose Galvao, license holder.
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 MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the license holder HAS ACCEPTED A PLEA OF NOLO CONTENDRE, AND SHALL PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about September 14, 2007: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
JK Club LLC d/b/a J K Club, 520 Central Ave. LIC#4193
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Joseph Knight, an officer of the LLC.
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.
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, FOR THE FOLLOWING REASONS:
1. On or about September 22, 2007: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Dean Properties Inc., d/b/a Central Avenue Grille, 836 Central Ave. LIC#4127
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is attorney Maurice Caron, and Joseph D’Aangelis, license holder.
Also present at the hearing is Stenographer Sandra Bachini Gaboriault.
Attorney Caron requests a two week continuance of this hearing.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Councilor Moran moves that the request for a two week continuance be denied.
The motion made by Councilor Moran, seconded by Councilor Wildenhain, to deny the two week continuance is approved on a roll call vote, as follows:
Ayes – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.
Noes – 0.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, Dean Properties Inc., d/b/a Central Avenue Grille, 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 – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.
Noes – 0.
1. On or about September 22, 2007: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage 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).
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Grebien, DEAN PROPERTIES INC., D/B/A CENTRAL AVENUE GRILLE SHALL PAY A $250.00 FINE AND THE LICENSE SHALL BE SUSPENDED FOR A PERIOD OF ONE DAY, SPECIFICALLY SATURDAY, NOVEMBER 3, 2007, ON A ROLL CALL VOTE AS FOLLOWS:
Ayes – President Pro-Tempore Hodge, Councilors Barry, Carr, Chadwick, Grebien, Kinch, Moran and Wildenhain.
Noes – 0.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Nova Churrasqueira Restaurant J & M LTD., 434 Broadway LIC#4201
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communication:
Communication from Attorney Michael F. Horan, to Pawtucket Board of License Commissioners. (Continuation of formal hearing on Nova Churrasqueira Restaurant J & M LTD)
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED.
Communication from Attorney Michael F. Horan, to Pawtucket Board of License Commissioners. (Continuation of formal hearing on Nova Churrasqueira Restaurant J & M LTD)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following hearing is to be continued until November 7, 2007, on a unanimous voice vote:
CLASS B (Victualer)
Nova Churrasqueira Restaurant J & M LTD., 434 Broadway LIC#4201
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Alden Street Food Services LLC d/b/a Volcano Grille, 47 Mendon Ave. LIC#4698
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Joseph A. Boccelli, license holder.
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.
Upon motion made by Councilor Wildenhain, seconded by Councilor Grebien, the license holder HAS ACCEPTED A PLEA OF NOLO CONTENDRE, AND SHALL PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about September 22, 2007: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage 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 Major Arthur J. Martins to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – Smithfield Avenue Liquor Store, Inc., d/b/a One Stop Liquors, 390 Smithfield Avenue) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a Summons to Smithfield Avenue Liquor Store, Inc., d/b/a One Stop Liquors, 390 Smithfield Avenue, to appear at FORMAL HEARING on Wednesday, November 7, 2007, for the following reasons:
1. On or about October 6, 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 October 6, 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 FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
Class F (Beer & Wine)
Petition of St. Edward Church to sell beer and wine at Holiday Bazaar at Church Hall, 396 Weeden Street, on Saturday, November 3, 2007, from 12:00 p.m. to 8:00 p.m., and Sunday, November 4, 2007, from 12:00 p.m. to 6:00 p.m. LIC#4818
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 Members of the Pawtucket City Councilor. (Eagle Express Chinese Restaurant d/b/a Le Noir Bar- Non-payment of fine)
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 Members of the Pawtucket City Councilor. (Eagle Express Chinese Restaurant d/b/a Le Noir Bar- Non-payment of fine)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Grebien, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a Summons to Eagle Express Chinese Restaurant Corporation d/b/a Le-Noir, 852 Newport Avenue, to appear at a FORMAL HEARING on Wednesday, November 7, 2007, for the following reasons:
1. On October 10, 2007, after a formal hearing Eagle Express Chinese Restaurant Corporation was found to be in violation of state law, city ordinances and liquor control administration rules to the specific charges of (1) Operating after hours on or about August 27, 2007 (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration) and (2) 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).
2. The Board of License Commissioners suspended the Class BV Liquor License of Eagle Express Chinese Restaurant Corporation for a period of three (3) days, specifically Friday, October 19, 2007; Saturday, October 20, 2007; and Sunday, October 21, 2007, and also imposed a fine in the amount of $500.00; said fine was ordered to be paid in full on or before October 21, 2007.
3. As of the October 24, 2007 meeting of the Pawtucket Board of License Commissioners, the $500 fine was still outstanding.
Upon motion made by Councilor Barry, seconded by Councilor Grebien, the meeting is adjourned at 7:45 p.m.