Pawtucket Board of License Commissioners
March 19, 2008
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, March 19, 2008, at 6:45 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Bray, Councilors Barry, Chadwick, Grebien, Hodge, Moran and Wildenhain.
Absent – Councilors Carr and Kinch.
Chairperson Bray presides.
The reading of the records of March 5, 2008 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TEKEN UP:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange Street, LIC#4199
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is William Delaney, Attorney for Marcus Smith, President and majority shareholder of Tropical Vibes Corporation. Also present is Marcus Smith.
Also present at the hearing is stenographer Sandra Bachini Gaboriault.
THE DETAIL TESTIMONY IS FILED IN THE VAULT OF THE CITY CLERK’S OFFICE.
COUNCILOR KINCH ARRIVES AT 7:01 PM.
COUNCILOR CARR ARRIVES AT 7:02 PM.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Kinch, THE BOARD ACCEPTS THE LICENSE HOLDER’S PLEA OF NOLO CONTENDRE, on a majority voice vote, Councilor Wildenhain votes “no.” THE LICENSE SHALL BE SUSPENDED FOR A PERIOD OF TWO DAYS, SPECIFICALLY THURSDAY, MARCH 27, 2008 AND FRIDAY, MARCH 28, 2008, FOR THE FOLLOWING REASONS:
1. On or about December 15, 2007: Operating after hours. (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration) and providing entertainment after hours (Violation of Pawtucket Ordinance § 260-14)
2. On or about January 21, 2008: Operating after hours. (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration).
3. On or about January 12, 2008: 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 (Violation of R.I. Gen. Laws § 3-5-23).
ALSO, THE FOLLOWING STIPULATION HAS BEEN ADDED TO THE LICENSE:
Detail Officer must be present on Friday and Saturday nights. (This stipulation will be reviewed after 3 months)
THE MATTER OF AN INFORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Rosa’s Sunshine Lounge, LTD, d/b/a Sunshine Lounge, 110 School Street, LIC#4197
Representing the license holders are Manuel D. Rosa, President of Rosa’s Sunshine Lounge, LTD, and his daughter, Jessica Rosa.
Jessica Rosa states that the bar was closed at 1:00 am. She tended bar that night and closed up herself. She left the bar at 1:30 am.
She denies that liquor was being served at 4:30 am.
Manuel Rosa states that he doesn’t drink.
Jessica Rosa states that the ice machine broke, and they called someone to fix it.
Manuel Rosa denies what was stated in the police report.
Jessica Rosa states that the business was closed for three days earlier this year by police, because the license was not renewed. It turned out to be a mistake.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, the following motion made by Councilor Barry, seconded by entire Board, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to Rosa’s Sunshine Lounge, LTD, d/b/a Sunshine Lounge, 110 School Street, to appear at a FORMAL HEARING on Wednesday, April 9, 2008, for the following reason:
1. On or about February 16, 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)
Communication from Major Arthur J. Martins, Pawtucket Police Department, 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 & The Liquor Shoppe Inc., 155 Broad Street) 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 Hodge, 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 a FORMAL HEARING on Wednesday, April 9, 2008, for the following reasons:
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, the following motion made by Councilor Chadwick, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to The Liquor Shoppe Inc., 155 Broad Street, to appear at a FORMAL HEARING on Wednesday, April 9, 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).
Being a first offense, the license holder may avoid a formal hearing by working out a plea agreement with the City Solicitor’s Office.
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:22 p.m.