Pawtucket Board of License Commissioners
August 19, 2009
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, August 19, 2009, at 12:25 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – 0.
Chairperson Kinch presides.
The reading of the records of August 5, 2009 is dispensed with and the records are approved as prepared by the Clerk.
THE FOLLOWING PETITION WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 5, 2009, AND IS AGAIN TAKEN UP:
CLASS C – Transfer of owner
Leonora R. Marques d/b/a Boulevard Tap (transfer from Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap), 572 Armistice Blvd. LIC#5198
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Present is Raymond Clement, representing Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap.
Also present is the attorney Robert Ameen, representing Leonora Marques, applicant.
Mr. Milos states that the criminal case against Mr. Clement has been resolved. Mr. Clement plead Nolo Contender to one count of bookmaking and one drug count.
Mr. Milos states that Mr. Clement wishes to withdraw the application for transfer of a Class C Liquor License.
Mr. Milos advises the Board that if they decide to approve the withdrawal, they could require a formal hearing on the charges against Mr. Clemente.
Mr. Ameen states that his client, Ms. Marques, has no objection to withdrawing the application as long as Mr. Clement makes payments to her in a timely manner.
Mr. Clement asks if he can reopen at this time.
Councilor Wildenhain responds that he should wait until after the formal hearing.
There are no more speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following petition for transfer is WITHDRAWN on a unanimous voice vote:
CLASS C – Transfer of owner
Leonora R. Marques d/b/a Boulevard Tap (transfer from Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap), 572 Armistice Blvd. LIC#5198
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Boulevard, to appear at a FORMAL HEARING on Wednesday, September 9, 2009, for the following reasons:
1. Failure to maintain control of employees and/or agents; and/or endangering the health, safety and welfare of the general public; and/or permitting any bookmaking, gambling or unlawful gaming to be carried on in the house or place where you are licensed to sell alcoholic beverages; and/or permitting any of the laws of this state to be violated in the neighborhood, to wit, bookmaking and/or the possession, delivery, or possession with the intent to deliver controlled substances in the house or place where you are licensed to sell alcoholic beverage (R.I. Gen. Laws §§ 3-5-21, 3-5-23, 21-28-4.01(a)(4)(i), 11-19-14 and/or Rule 23 of Liquor Control Administration).
Communication from Jose Galvao, Fidjos Di Djabraba, Cape Verdean Social Club, to the Honorable City Council, requesting permission to serve alcohol outdoors in fenced in parking lot on Saturday, September 5 and Sunday, September 6, 2009 from 5:00 p.m. until 10:00 p.m. is READ AND ORDERED FILED AND THE REQUEST IS APPROVED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote.
STIPULATIONS:
1. Detail police officer on duty from 5:00 p.m. to 11:00 p.m. (both nights)
2. Drinks to be served in PLASTIC CUPS.
3. Appropriate dumpsters for rubbish and area must be kept clean.
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor, to Councilor James Chadwick, Jr. (Bela Vista Liquors, Inc. – Appeal of Denial of Transfer) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, Councilor Moran introduces the following communication:
Communication from Major Bruce Moreau, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, 805 Broadway)
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED.
Communication from Major Bruce Moreau, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (Illegal Sale of Alcohol to Underage Person – T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, 805 Broadway)
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, the following motion made by Councilor Moran, seconded by Councilor Barry, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, 805 Broadway, to appear at a FORMAL HEARING on Wednesday, September 9, 2009, for the following reasons:
1. On or about June 25, 2009: 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 June 25, 2009: 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).
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 12:40 p.m.