Pawtucket Board of License Commissioners
November 18, 2008
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, November 18, 2008, at 6:51 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Bray, Councilors Barry, Chadwick, Kinch, Moran and Wildenhain.
Absent – Councilors Grebien and Hodge.
Chairperson Bray presides.
The reading of the records of November 5, 2008 is dispensed with and the records are approved as prepared by the Clerk.
Communication from Major Arthur J. Martins, Pawtucket Police, to Councilor James Chadwick. (Weekly Report of Police Activity at Club Tabu) is READ AND ORDERED FILED.
Communication from Cpt. William J. Sisson, Fire Marshal, City of Pawtucket, to Richard J. Goldstein, City Clerk. (Tropical Vibes Corp d/b/a Tabu Restaurant and Lounge – RI Safety Code) is READ AND ORDERED FILED.
A PUBLIC HEARING IS HELD ON THE FOLLOWING APPLICATION FOR LICENSE ADVERTISED FOR THE PERIOD BEGINNING DECEMBER 2, 2008 AND ENDING DECEMBER 1, 2009:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange St. LIC#4893
Speaking in favor is Richard Pacia, Esq., 50 Power Road, attorney, representing the applicant, Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge.
Mr. Pacia states that the building (17 Exchange Street) was owned by an individual and went into foreclosure. It was subsequently purchased by Jorge Bustamante, one of the new stockholders of Tropical Vibes Corporation.
Mr. Pacia notes that there was an adversarial relationship between the prior stockholders. Marcus Smith, the prior majority stockholder, sold his interest in the corporation.
Mr. Pacia states that all of the fire code problems have been cured except for the fire suppression system. The problem was the current stockholders did not want to spend money on the fire suppression system until after the closing was done. That was on October 17, 2008. Also, there were problems with the first company hired to put in the system. They now have a new company working on the system.
Mr. Pacia presents a Fire Systems Services Agreement with Metro USA Fire Protection, Inc., dated July 29, 2008, which is made part of the record.
He notes that even if they had a fire suppression system in place, they could not use it until April because the City would not open the street for the pipes until then. They have a fire detail officer on duty.
If the license is not approved, Mr. Pacia believes it would be the death knell for the business.
Councilor Barry states that he is concerned about Mr. Pacia’s comments that the water suppression system is not operating. He does not want to be putting people at risk by allowing them into the business without it meeting the fire codes.
Councilor Chadwick states that he does not want to be responsible for allowing the business to stay open and then finding out there was a fire there.
Mr. Pacia believes that having the fire detail officer on duty ensures everyone’s safety. It balances everyone’s needs.
Fire Chief Timothy McLaughlin supports the recommendations in Captain Sisson’s letter.
Mr. Pacia requests approving the renewal with restrictions. He states that if the club closes, the building will end up in foreclosure.
Mr. Pacia requests that the hearing be continued until they can meet with the fire marshal to find a solution until April.
Chief McLaughlin notes that this situation has been going on since 2006.
City Solicitor Margaret Lynch-Gadaleta states that Tabu has had two years to meet the fire codes. There is a RI state requirement. The city council cannot override it.
Speaking in opposition to the renewal is Filipe Andrade, Tropical Liquors, 280 East Avenue, Pawtucket, RI.
Mr. Andrade wants his bill paid in the amount of $17,629. He states that he got a check, but it bounced. He went back to the bank and was told that the account was closed.
He also presents receipts, guests checks and checks, including a check in the amount of $500., made out to Tropical Licors (Liquors), date 5-14-07, which are made part of the record.
Mr. Pacia believes that this problem was with the prior majority stockholder.
Mr. Pacia presents a monthly bank statement from Citizens Bank (September 1-30, 2006) showing check #2000, written out to Legend Fire Protection, Inc., which is made part of the record.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the renewal of the following license is DENIED on a unanimous voice vote:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange St. LIC#4893
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following establishment is to be CLOSED immediately on a unanimous voice vote:
CLASS B (Victualer)
Tropical Vibes Corporation d/b/a Tabu Restaurant & Lounge, 17 Exchange St. LIC#4893
A PUBLIC HEARING IS HELD ON THE FOLLOWING APPLICATION FOR LICENSE ADVERTISED FOR THE PERIOD BEGINNING DECEMBER 2, 2008 AND ENDING DECEMBER 1, 2009:
CLASS B (Victualer)
Leprechaun Lounge Inc., d/b/a Leprechaun Lounge, 602 Smithfield Ave.
There are no speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the renewal of the following license is LAID ON THE TABLE on a unanimous voice vote:
CLASS B (Victualer)
Leprechaun Lounge Inc., d/b/a Leprechaun Lounge, 602 Smithfield Ave.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the meeting is adjourned at 7:21 p.m.