Pawtucket Board of License Commissioners
April 9, 2008
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, April 9, 2008, at 6:48 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Bray, Councilors, Barry, Chadwick, Grebien, Hodge, Kinch, Moran and Wildenhain.
Absent – Councilor Carr.
Chairperson Bray presides.
The reading of the records of March 19, 2008 is dispensed with and the records are approved as prepared by the Clerk.
PER ORDER OF THE LIQUOR CONTROL ADMINISTRATOR, A PUBLIC HEARING TO RECONSIDER THE SEPTEMBER 7, 2005 APPROVAL OF THE APPLICATION FOR LICENSE OF PLW-MA INC., D/B/A BLACKSTONE WINE & SPIRITS, WHICH IS WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS A
PLW-MA Inc., d/b/a Blackstone Wine & Spirits, (Transfer from Gary’s Liquors, Inc., d/b/a Gary’s Liquors) 1179 Central Avenue.
Representing the City of Pawtucket is Margaret M. Lynch-Gadaleta, Esq., City Solicitor.
Representing the license holder is Attorney Michael Horan, 393 Armistice Boulevard, Pawtucket, RI.
Also present at the hearing is stenographer Sandra Bachini Gaboriault.
With no one there to object, City Solicitor Lynch-Gadaleta and Attorney Horan stipulate to the following facts:
1. PLW-MA, Inc. d/b/a Blackstone Wine & Spirits (hereinafter called “Licensee”), is not engaged in any common group, centralized or coordinated purchases of wholesale merchandise.
2. Licensee is not engaged in common billing with any other liquor licensed business.
3. Licensee does not participate in a coordinated or common advertisement in any advertising media with any other licensed liquor business in the State of Rhode Island or the Commonwealth of Massachusetts.
4. Licensee does not participate in any agreed upon or common pricing of products.
5. Licensee named is not identified as a chain or common entity.
6. No director of Licensee is a director, member, partner, trustee or beneficiary of any other licensed liquor business in the State of Rhode Island or the Commonwealth of Massachusetts.
7. Said Licensee has not had any violations or complaints from the City of Pawtucket Police Department, nor any other city, state or federal department or agency at this location since the date of approval on September 7, 2005.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Chadwick, after reconsideration of the Board’s approval of the application for license by PLW-MA Inc., d/b/a Blackstone Wine & Spirits on September 7, 2005, the following license is APPROVED, on a unanimous voice vote:
CLASS A
PLW-MA Inc., d/b/a Blackstone Wine & Spirits, (Transfer from Gary’s Liquors, Inc., d/b/a Gary’s Liquors) 1179 Central Avenue.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS A
Smithfield Avenue Liquor Store, Inc., d/b/a One Stop Liquors, 390 Smithfield Avenue, LIC#4314
Representing the City of Pawtucket is Margaret M. Lynch-Gadaleta, Esq., City Solicitor.
Representing the license holder is Attorney Joseph A. Sciacca, 121 Phenix Avenue, Cranston, RI.
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 CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilors Hodge and Wildenhain, the plea of NOLO CONTENDRE by Smithfield Avenue Liquor Store Inc., d/b/a One Stop Liquors, 390 Smithfield Avenue, is APPROVED by the Board of License Commissioners on a unanimous voice vote. The license holder shall PAY A $750.00 FINE AND THE LICENSE SHALL BE SUSPENDED FOR A PERIOD OF FOUR (4) DAYS, SPECIFICALLY FRIDAY, APRIL 11, 2008; SATURDAY, APRIL 12, 2008; FRIDAY, APRIL 18, 2008; AND SATURDAY, APRIL 19, 2008, FOR THE FOLLOWING REASONS:
1. On or about February 29, 2008: 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 February 29, 2008: 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)
Rosa’s Sunshine Lounge, LTD, d/b/ Sunshine Lounge, 110 School Street, LIC#4197
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the CALL FOR A FORMAL HEARING ON ROSA’S SUNSHINE LOUNGE, LTD, D/B/A SUNSHINE LOUNGE, IS WITHDRAWN BY THE BOARD on a unanimous voice vote.
Police report from Major Arthur J. Martins, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (Open after hours – Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange Street) is READ AND ORDERED FILED.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange Street, LIC#4199
Representing the City of Pawtucket is Margaret M. Lynch-Gadaleta, Esq., City Solicitor.
Representing the minority shareholder is Attorney Richard Pacia.
Mrs. Lynch-Gadaleta states that she has reached a plea agreement with William Delaney, attorney for the majority shareholder. Mr. Delaney is expected to be present at the hearing.
PENDING THE ARRIVAL OF MR. DELANEY, THE FORMAL HEARING IS RECESSED.
Nolo plea of The Liquor Shoppe Inc., 155 Broad Street, for violations of state and local liquor laws on February 29, 2008 is taken up:
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the plea of NOLO CONTENDRE, which was accepted by The Liquor Shoppe Inc., 155 Broad Street Street, without a formal hearing, is APPROVED by the Board of License Commissioners on a unanimous voice vote. The license holder shall PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about February 29, 2008: 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 February 29, 2008: 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, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – Alves Productions Inc., d/b/a Tropical Liquors, 280 East Avenue) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to Alves Productions Inc., d/b/a Tropical Liquors, 280 East Avenue, to appear at a FORMAL HEARING on Wednesday, April 23, 2008.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
Class F -1 (Full Privilege)
Petition of Saint Raphael Academy to sell alcoholic beverages at a Fund Raiser for New Drama Center at 194 Walcott Street, on Saturday, April 12, 2008, from 7:30 p.m. to 12:30 a.m. LIC#4895
THE BOARD OF LICENSE COMMISSIONERS IS RECESSES AT 7:05 PM.
THE BOARD OF LICENSE COMMISSIONERS RECONVENES AT 7:21 PM.
THE FORMAL HEARING ON TROPICAL VIBES CORPORATION D/B/A TABU RESTAURANT & LOUNGE RECONVENES AT 7:21 PM.
Representing the majority shareholder is Attorney William Delaney. Also present is Marcus Smith, President and majority shareholder of Tropical Vibes Corporation.
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 CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Hodge, the plea of NOLO CONTENDRE by Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange Street, is APPROVED by the Board of License Commissioners on a unanimous voice vote. The license holder shall be SUSPENDED FOR A PERIOD OF TWENTY DAYS (20) DAYS, SPECIFICALLY BEGINNING ON SUNDAY APRIL 13, 2008, AND ENDING ON MAY 5, 2008 AND EXCLUDING APRIL 18, 19, AND 25, 2008; FOR THE FOLLOWING REASON:
1. On or about March 30, 2008: Operating after hours. (see attached police report) (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration)
UNTIL THE END OF THE SUSPENSION, ANYTIME THIS ESTABLISHMENT IS OPEN, MARCUS SMITH, PRESIDENT MUST BE ON THE PREMISES AT ALL TIMES.
THE MATTER OF A PUBLIC HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, (Transfer of 75% of stockholders) 17 Exchange Street, LIC#4199
Previous stipulation.
Detail Officer must be present on Friday and Saturday nights.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Hodge, the PUBLIC HEARING IS CONTINUED UNTIL WEDNESDAY, MAY 7, 2008, AT 6:45 P.M., on a unanimous voice vote.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:41 p.m.