Pawtucket Board of License Commissioners
February 25, 2009
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 25, 2009, at 6:45 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali, and Wildenhain.
Absent – Councilor Barry.
Chairperson Kinch presides.
The reading of the records of February 11, 2009 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Peddlers Inn, Inc., 94 Middle Street, LIC#4062
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Also present is Charles Brady, license holder.
Mr. Milos states that Mr. Brady has agreed to enter a plea of Nolo Contendre. This is the first offense at Peddler’s Inn since 1990. He states that Councilor Moran has agreed to accept the plea and to treat this as a first offense, with a $250.00 fine and no suspension.
Mr. Milos states that if a hearing on the matter were held, he would show that on January 2, 2009, a minor was served an alcoholic drink without ever being asked to show identification.
Mr. Brady takes responsibility for the infraction for not training the bartender sufficiently. He stated that she was new and had not yet gone to server training classes. She has subsequently gone to the training session.
He also states that he runs a good establishment and notes that this is only the second infraction in nine years.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Wildenhain, the City Council ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about January 2, 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 January 2, 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).
THE BOARD OF LICENSE COMMISSIONERS RECESSES AT 6:55 P.M. TO CONDUCT THE PRE-COUNCIL SESSION AND TO CONVENE THE CITY COUNCIL MEETING.
THE BOARD OF LICENSE COMMISSIONERS RECONVENES AT 7:35 P.M.
COUNCILOR BARRY ARRIVES AT 7:35 P.M.
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS A
Great Entreprenurial Endeavors, Inc., d/b/a Gee’s Liquors, 347 Broadway (transfer from 400 Broadway) LIC#5065
There are no speakers.
The Hearing is closed.
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following license is APPROVED with the following stipulations, on a unanimous voice vote.
*STIPULATIONS PER PAWTUCKET ZONING BOARD OF REVIEW.
CLASS A
Great Entreprenurial Endeavors, Inc., d/b/a Gee’s Liquors, 347 Broadway (transfer from 400 Broadway) LIC#5065
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Cidade Velha Lounge, Ltd., d/b/a CV Lounge, 214 Broad Street, LIC#4171
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Mario DaSilva (son of the license holder, Lawrence DaSilva).
Mr. Milos states that Mr. DaSilva has agreed to enter a plea of Nolo Contendre. This is the first offense at CV Lounge for serving a minor. They were fined in 2007 for being open after hours. He states that Councilor Chadwick has agreed to accept the plea and to treat this as a first offense, with a $250.00 fine and no suspension.
Mr. Milos states that if a hearing on the matter were held, he would show that on January 2, 2009, a minor was served an alcoholic drink without ever being asked to show identification.
Mr. DaSilva states that the bartender who was responsible for the infraction had been to server training so it was not because of anything his family did wrong. He states that they tell their bartenders to card all first time patrons to get to know the first names of their customers.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Wildenhain, the City Council ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $250.00 FINE, FOR THE FOLLOWING REASONS:
1. On or about January 2, 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 January 2, 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP AND IS LAID ON THE TABLE UNTIL MARCH 11, 2009 TO GIVE THEIR NEW ATTORNEY AN OPPORTUNITY TO REVIEW THE COMPLAINT:
CLASS B (Victualer)
Eagle Express Chinese Restaurant Corporation d/b/a Le-Noir Bar, 852 Newport Avenue, LIC#4789
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP AND IS LAID ON THE TABLE UNTIL MARCH 11, 2009 BECAUSE THE LICENSE HOLDER IS UNABLE TO ATTEND. FURTHER, THE LICENSE IS SUSPENDED UNTIL SUCH TIME AS THE LICENSE HOLDER OR A LEGAL REPRESENTATIVE IS ABLE TO ATTEND A FORMAL HEARING:
FORMAL HEARING:
CLASS C
Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. LIC#5049
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Eugenio Gibau, to Pawtucket Board of License Commissioners. (Withdrawal of the Petition of Grupo Tradigao Inc., - One-day liquor license)
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following communication is READ AND ORDERED FILED.
Communication from Eugenio Gibau, to Pawtucket Board of License Commissioners. (Withdrawal of the Petition of Grupo Tradigao Inc., - One-day liquor license)
THE FOLLOWING LICENSE IS WITHDRAWN AT THE REQUEST OF THE APPLICANT:
Class F -1 (Full Privilege)
Petition of Grupo Tradigao Inc., 999 Main Street, to sell alcoholic beverages at a Fundraiser, on Saturday, March 7, 2009, from 7:00 p.m. until 1:00 a.m. LIC#5071
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:55 p.m.