Pawtucket Board of License Commissioners
January 7, 2009
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, January 7, 2009, at 6:46 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault, Vitali, and Wildenhain.
Absent – Councilor Barros.
Chairperson Kinch presides.
The reading of the records of December 17, 2008 is dispensed with and the records are approved as prepared by the Clerk.
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS BV (Victualer) - Transfer
The Call Sports Pub LLC d/b/a The Call Sports Pub, (transfer from Alden Street Food Services LLC d/b/a Volcano Grille) 47 Mendon Ave. LIC#5055
Speaking in favor is Michael Pate, 227 London Avenue, Pawtucket, RI, applicant.
COUNCILOR BARROS ARRIVES AT 6:50 P.M.
Mr. Pate states that he will run the restaurant and pub the same as it’s currently being run. He has added TV’s for the sports bar. The outside has been cleaned. He plans on having some entertainment, such as comedy. His partner is Stephen Lima; Edward Medeiros is not involved as misstated on his original application.
His hours of operation will be from 11:00 a.m. until 12:30 a.m.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Board, Councilor Wildenhain introduces the following communication:
Communication from Loubnen K. Sukkar, President, Bellou Enterprises, LLC, to the Pawtucket City Council, objecting to the transfer of Class BV liquor license of Alden Street Food Services LLC d/b/a Volcano Grille, 47 Mendon Ave in the amount of $150,000.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED; HOWEVER, THE CLAIM OF LOUBNEN K. SUKKAR IS DETERMINED NOT TO BE GERMANE TO THIS TRANSFER AS THE AGREEMENT IS WITH 47 MENDON AVENUE LLC AND NOT ALDEN STREET FOOD SERVICES LLC:
Communication from Loubnen K. Sukkar, President, Bellou Enterprises, LLC, to the Pawtucket City Council, objecting to the transfer of Class BV liquor license of Alden Street Food Services LLC d/b/a Volcano Grille, 47 Mendon Ave in the amount of $150,000.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge and Councilor Barry, the following license is APPROVED on a unanimous voice vote:
CLASS BV (Victualer) - Transfer
The Call Sports Pub LLC d/b/a The Call Sports Pub, (transfer from Alden Street Food Services LLC d/b/a Volcano Grille) 47 Mendon Ave. LIC#5055
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS BV (Victualer) Transfer – 100% of stockholders
Nova Churrasqueira Restaurant J & M Ltd., d/b/a Nova Churrasqueira Restaurant, 434 Broadway, LIC#5059
PREVIOUS STIPULATIONS
1. There shall be one (1) parking space for every 4 patrons.
2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.
3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.
Speaking in favor is Michael F. Horan, Esq., 393 Armistice Boulevard, Pawtucket, RI, attorney, representing applicant Jose DeBrito, 11 David Street, North Providence, RI, also present.
Attorney Horan states that this is strictly a transfer of 100% of stockholders. Mr. DeBrito has been running this business for about a year.
Mr. DeBrito states that there will be no changes in the operation of the business.
There are no other speakers. The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following license is APPROVED WITH ALL STIPULATIONS TO REMAIN IN PLACE, on a unanimous voice vote:
CLASS BV (Victualer) Transfer – 100% of stockholders
Nova Churrasqueira Restaurant J & M Ltd., d/b/a Nova Churrasqueira Restaurant, 434 Broadway, LIC#5059
PREVIOUS STIPULATIONS
1. There shall be one (1) parking space for every 4 patrons.
2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.
3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, 805 Broadway, LIC#4190
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Also present on behalf of the City of Pawtucket is Major Arthur J. Martins, Pawtucket Police Department.
Present representing the license holder is Christine Chen, 648 Armistice Boulevard, Pawtucket, RI, license holder.
Major Martins states that he was at Super Dragon on December 15, 2008, with Captain Haberle. He states that the police department had received several complaints about Super Dragon selling to minors.
Upon questioning from Mr. Milos, Major Martins states that he observed three males and one female seated at a table about 30-40 feet away who appeared underage. One male was drinking a scorpion bowl and two males were drinking beer. The female was not drinking. He states he witnessed the waiter serve the beers and that the waiter did not ask for IDs. He states that the patrons did not offer their IDs and he witnessed the money exchange hands.
Mr. Milos asks Major Martins if he witnessed the transaction for the scorpion bowl. Major Martins states that he did not witness the transaction for the scorpion bowl; however, he spoke with the patron, and upon questioning from Major Martins, the patron stated that he was 20 years old and said he comes in often to drink. This patron informed Major Martins that the other two males observed were 18 years old and this was not their first time at the Super Dragon.
Mr. Milos states that this is the third offense for Super Dragon. The first time in 2003, the owner admitted to the offense and paid a $500.00 fine and a one day suspension. The second offense was in 2004 and was also admitted. The owner paid a $750.00 fine and had a three day suspension.
Major Martins states that this has been a concern of the police departments as there were pictures on Face Book of people drinking at the Super Dragon who appeared underage.
Ms. Chen states that everyone’s ID is checked when they come in and drink. She states that her husband is a doctor and they are concerned about people’s health. Ms. Chen states that they have two dining rooms and maybe people in the back room who are over 21 are buying for people underage. Maybe they bring other people’s ID’s.
Ms. Chen shows a letter that states that she passed a random test for serving to minors a year ago on September 20, 2007. She admits that she must pay more attention to all tables and be more careful.
Mr. Milos states that there is no question that the alcohol was served to people who were under 21.
There are no other speakers. The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the following license holder is ORDERED TO PAY A $500.00 FINE AND THE LICENSE IS SUSPENDED FOR A PERIOD OF TEN DAYS, SPECIFICALLY FRIDAY, JANUARY 9, 2009 THROUGH JANUARY 18, 2009, FOR THE FOLLOWING REASONS, ON A ROLL CALL VOTE, AS FOLLOWS:
AYES – President Kinch, Councilors Barry, Chadwick, Hodge, and Moran.
NOES – Councilors Barros, Tetreault, Vitali, and Wildenhain.
CLASS B (Victualer)
T & W Restaurant, Inc., d/b/a Super Dragon Chinese Restaurant, 805 Broadway, LIC#4190
1. On or about December 5, 2008: Authorizing the sale or delivery to an underaged person for purposes of sale, possession or consumption of an alcoholic beverage on the licensed 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 December 5, 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 licensed premises (Violation of R.I. Gen. Laws § 3-5-23).
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the meeting is adjourned at 7:34 p.m.