Pawtucket Board of License Commissioners
July 23, 2008
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, July 23, 2008, at 12:07 p.m. in the City Council Chambers, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Bray, Councilors Barry, Chadwick, Grebien, Hodge, Kinch, and Wildenhain.
Absent – Councilor Moran.
Chairperson Bray presides.
The reading of the records of July 9, 2008 is dispensed with and the records are approved as prepared by the Clerk.
Communication from Ronald F. Travers, Director of Zoning & Code Enforcement, to the Pawtucket City Council (Liquor License request of PLW-MA, Inc, d/b/a Blackstone Wine & Spirits, 295 Armistice Boulevard) is READ AND ORDERED FILED.
Communication from Margaret M. Lynch-Gadaleta, Esq., City Solicitor, to Richard J. Goldstein, City Clerk (Transfer of Class A Liquor License - Blackstone Wine & Spirit to Armistice Boulevard) is READ AND ORDERED FILED.
THE FOLLOWING PUBLIC HEARING FOR LICENSE TRANSFER WAS CONTINUED AT THE MEETING HELD JULY 9, 2008, AND IS AGAIN TAKEN UP:
CLASS A
PLW-MA Inc., d/b/a Blackstone Wine & Spirits, (Transfer from 1179 Central Avenue) 295 Armistice Blvd. LIC#4952
Speaking in favor is Michael F. Horan, Esq., attorney representing the applicant, PLW-MA, Inc.
Mr. Horan states that he accepts the city’s measurement of 258 feet; therefore, the 200-foot rule does not apply. He has a list of court and Department of Business Regulation cases showing the measurement going from the corner of the building of the applying store to the premises of the current store.
Without objection, these cases are filed and made part of the record.
Mr. Horan also introduces Rhode Island General Laws Sections 3-7-4 and 3-7-19 and Department of Business Regulation Rule 41. He also introduces letters from four tenants of the plaza in favor of the application
Without objection, these exhibits are filed and made part of the record.
Mr. Horan does not believe that competition is a reason for rejecting the petition.
Speaking in opposition is Michael Sendley, Esq., 1168 Newport Avenue, Pawtucket, RI, attorney representing Darlington Liquors and Countryside Liquors.
Mr. Sendley asks Stephen Beauregard to address the Board.
The next speaker in opposition is Stephen Beauregard, 89 Douglas Pike, North Smithfield, RI.
Mr. Beauregard is in the construction business and on July 16, 2008, he walked from Blockbuster location, where the liquor store is applying to go, to Armistice Boulevard and then measured 173 feet to the liquor store.
The next speaker in opposition is Tom Heng, owner of Darlington Liquors, 346 Armistice Boulevard, Pawtucket, RI.
Mr. Heng states that he opposes this license transfer to this location. He states that this would hurt his business. He feels that that a liquor store in a plaza would promote more underage drinking and noise. He feels that this would disturb the neighbors.
Mr. Heng states that he believes this would also cause problems on the 4th of July with drinking and noise during the fireworks.
Mr. Sendley discusses chain stores and franchises and what constitutes chain stores and franchises. He states that the Secretary of State has the principal address of Blackstone Wine & Spirits listed at 1405 Douglas Pike, North Providence, RI. He states that this is also the principal address of five other liquor stores.
Mr. Horan states that the matter of the chain store has been resolved at a previous hearing and he objects to the introduction of any materials regarding this matter.
Mr. Sendley states that this business has the same phone number listed as the Douglas Wine & Spirits in North Providence.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN
Councilor Wildenhain moves, seconded by Councilor Hodge, to not accept evidence regarding the chain store matter. The motion is DEFEATED on the following roll call vote, as follows:
AYES – Councilor Wildenhain
NOES – President Bray, Councilors Barry, Chadwick, Grebien, Hodge, and Kinch.
Mr. Sendley introduces exhibits from the Secretary of State’s Office showing that Blackstone Wine & Spirits has the same principal address as six other liquor stores.
Without objection, these exhibits are filed and made part of the record.
Mr. Sendley discusses the 200-foot rule and states that Rule 41 does not apply. He states RIGL 3-7-19 is off point. Mr. Sendley notes that there are different opinions given from Mr. Milos and Ms. Lynch-Gadaleta on how the measurement should be done. He disagrees with the solicitor’s opinions regarding the measurement and believes that the measurement should be lot to lot or building to building but not including the lot. He believes that the public way should be Armistice Boulevard. He states that even if the Board accepts that state law does not prohibit approval based on the 200 foot rule, the Council can also reject this transfer based on the saturation of liquor stores in the area. This store will drive the other small stores out of business.
Mr. Sendley introduces search maps of the area around 295 Armistice Blvd.
Without objection, these maps are filed and made part of the record.
The next speaker in opposition is Steven Wiglusz, 42 Carter Avenue, Pawtucket, RI.
Mr. Wiglusz states that he is a resident of the area and there are enough liquor stores in the area. He does not want this store in his neighborhood and believes the measurement should be from the property lines.
The next speaker in opposition is Jane Andrade, 69 Fuller Street, Pawtucket, RI.
Ms. Andrade states that she is a customer of Darlington Liquors and always feels at ease there. She is concerned about who will go to the plaza.
The next speaker in opposition is Shirley Risho, 366 Armistice Boulevard, Pawtucket, RI.
Ms. Risho states that she lives two houses from Darlington Liquors and there has never been a problem. She states that great people run it and there is no need for a huge liquor market in the area.
The next speaker in opposition is Genie Beach, 39 Hunts Avenue, Pawtucket, RI.
Ms. Beach states that she is a single parent and her 19 year old daughter works at Dunkin Donuts in the Armistice Boulevard plaza. She states that teens gather in the plaza late at night. She states that the plaza is not the best choice for this liquor store.
The next speaker in opposition is Antonio Lopes, Colonial Liquors, 128 Summit Street, Pawtucket, RI.
Mr. Lopes states that he has owned Colonial Liquors since 1981. He believes that the distance should be measured from property line to property line and that this proposed location is too close to other liquor stores.
Mr. Horan is allowed to address the Board once again. Mr. Horan introduces the letter from the Department of Business Regulations and the City Council Order regarding the chain store matter.
Without objection, these exhibits are filed and made part of the record.
Mr. Horan asks Craig Power, applicant, to address the Board.
The next speaker in favor is Craig Power, 94 Wendall Road, Warwick, RI.
Mr. Power states that he is the current owner of Blackstone Wine & Spirits, located on Central Avenue. He states that this store currently is 2,000 square feet. He states that he has had no problems with the police and he has even worked with the police before in the store.
Mr. Horan states that he does not believe that Mr. Beauregard’s measurement of 173 feet starting on Armistice Boulevard meets any of the laws and believes that Mr. Travers’ measurements meets those statutes.
Mr. Horan states that all the comments about potential trouble in the plaza is all speculation and is not relevant. He states that the plaza needs more tenants and the fear of competition is not a reason to reject this license.
Mr. Sendley states that the law allows measurement from any public way.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilors Grebien and Hodge, the following liquor license is DENIED on a unanimous voice vote:
During discussion of the motion, the following reasons were mentioned for the denial of this license:
1. The saturation of liquor stores in the area.
2. Concerns that this liquor store will put the other liquor stores in the area out of business.
3. The 200-foot rule regarding the proximity of this location at 295 Armistice Boulevard to Darlington Liquors at 346 Armistice Boulevard.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Board, Councilor Hodge introduces the following communication:
Communication from Ronald F. Travers, Director of Zoning & Code Enforcement, to Council President Mary E. Bray and Council Members. (295 Armistice Boulevard Liquor License Request)
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Ronald F. Travers, Director of Zoning & Code Enforcement, to Council President Mary E. Bray and Council Members. (295 Armistice Boulevard Liquor License Request)
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the meeting is adjourned at 1:11 p.m.