Pawtucket Board of License Commissioners
September 9, 2009
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 9, 2009, at 7:20 p.m. in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Barry, Hodge, Moran, Tetreault, Vitali.
Absent – Councilors Chadwick and Wildenhain.
Chairperson Kinch presides.
The reading of the records of August 19, 2009 is dispensed with and the records are approved as prepared by the Clerk.
Communication from Attorney Michael F. Horan, Attorney for 407 Realty LLC, to Pawtucket Board of License Commissioners. (Objection to the transfer – Jacs Wraps Inc., d/b/a Jacs Wraps, 385 East Avenue) is READ AND ORDERED FILED.
Communication from Michael D. Cassidy, Director of Planning and Redevelopment, to Pawtucket City Council. (Clarification of Zoning and Code Requirements Relative to the City Council Licensing Procedures) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
With majority consent of the Council, Councilor Barry introduces the following communication:
Communication from Amy L. Chauvin, President of Jacs Wraps Inc., d/b/a Jacs Wrap, 385 East Avenue to Pawtucket City Council. (Withdrawal of application)
Upon motion made by Councilor Barry, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
Communication from Amy L. Chauvin, President of Jacs Wraps Inc., d/b/a Jacs Wraps, 385 East Avenue to Pawtucket City Council. (Withdrawal of application)
THE FOLLOWING PETITION FOR LICENSE WAS LAID ON THE TABLE AT THE MEETINGS HELD JUNE 24, 2009 AND AUGUST 5, 2009 AND IS AGAIN TAKEN UP AND IS WITHDRAWN AT THE REQUEST OF THE APPLICANT:
CLASS B (Victualer) New
Jacs Wraps Inc., d/b/a Jacs Wraps, 385 East Ave., LIC#5157
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS B (Victualer) – Transfer
10,000 Hours Inc., d/b/a TK’s Tavern (transfer from Leprechaun Lounge Inc., d/b/a Leprechaun Lounge) 602 Smithfield Avenue, LIC#5263
Speaking in favor is Attorney Edward DiPippo, 1062 Reservoir Avenue, Cranston, RI, representing the applicant.
Also present is applicant, Neil Aubuchon, 247 Main Street, Foxboro, MA
Attorney DiPippo discusses the menu, seating plan and parking plan.
He states that there is enough parking with the addition of the parking at Luxury Cleaners. The applicant is also negotiating with another establishment for additional parking.
Mr. Aubuchon will work at the restaurant full time. Mr. Aubuchon states that he has run taverns for four years and has been in retail management for fifteen years.
The only entertainment will be karaoke.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communication:
Communication from Charles Lombardi, owner of Luxury Cleaners, 610 Smithfield Avenue, to Pawtucket City Council. (Additional parking for TK’s Tavern, 602 Smithfield Avenue)
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED:
Communication from Charles Lombardi, owner of Luxury Cleaners, 610 Smithfield Avenue, to Pawtucket City Council. (Additional parking for TK’s Tavern, 602 Smithfield Avenue)
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Vitali, the following license is APPROVED, on a unanimous voice vote:
CLASS B (Victualer) – Transfer
10,000 Hours Inc., d/b/a TK’s Tavern (transfer from Leprechaun Lounge Inc., d/b/a Leprechaun Lounge) 602 Smithfield Avenue, LIC#5263
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS A
International Liquors of Main Street, Inc., d/b/a International Liquors of Main Street, 915 Main Street, LIC#4311
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Also present is Maria Alves, license holder.
Mr. Milos states that Ms. Alves has agreed to enter a plea of Nolo Contendre. This is the first offense at International Liquors of Main Street. Mr. Milos is recommending a $250.00 fine and no suspension.
There are no other speakers.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Barry, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $250.00 FINE BY THE END OF THE BUSINESS DAY ON FRIDAY, SEPTEMBER, 11, 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS BV (Victualer)
The Call Sports Pub LLC d/b/a The Call Sports Pub, 47 Mendon Ave. LIC#5055
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Also present is Michael Pate, license holder.
Mr. Milos states that Mr. Pate has agreed to enter a plea of Nolo Contendre. This is the first offense at The Call Sports Pub LLC. Mr. Milos is recommending a $250.00 fine and no suspension.
There are no other speakers.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Barros, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $250.00 FINE BY THE END OF THE BUSINESS DAY ON FRIDAY, SEPTEMBER, 11, 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP AND IS LAID ON THE TABLE UNTIL SEPTEMBER 23, 2009 BECAUSE THE LICENSE HOLDER’S ATTORNEY COULD NOT BE PRESENT THIS EVENING:
CLASS C
Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. LIC#5049
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.
Representing the license holder is Attorney Peter F. Kilmartin.
The only witness called by Mr. Milos is Lt. Michael Newman, Pawtucket Police Department. Lt. Newman is sworn in by City Clerk Richard Goldstein.
Upon questioning by Mr. Milos, Lt. Newman states that he was on duty on June 26th. At about 7:00 p.m., he went to Super Dragon with Lt. Thomas Gifford and a special witness who was under 21 years of age to check if Super Dragon would serve someone underage.
Lt. Gifford waited in the car while Lt. Newman and the witness went inside.
They were seated by William Chin, who gave them menus and took their drink order. Lt. Newman ordered a diet coke and the witness ordered a Bud Lite. Mr. Chin served the drinks.
Lt. Newman then told the witness to go wait outside and to ask Lt. Gifford to come in, which she did. The lieutenant spoke this to the witness in a regular voice; not in a whisper.
As the witness left, the license holder took the beer and said something like, no I.D., no alcohol.
Mr. Chin did not ask for an I.D.
The license holder took the drink after the witness was told to go outside.
Lt. Newman stated that Mr. Chin said either that he was helping out or was new. Mr. Chin said that he was TIPS certified.
Upon questioning from Attorney Kilmartin, Lt. Newman stated that Mr. Chin did not write down a drink order and no money was exchanged.
Mr. Kilmartin asks that the case be dismissed because the confidential witness was not present to be cross-examined.
Mr. Milos responds that at this level, it is not necessary to bring in the confidential witness and that the defendants had ample opportunity to subpoena the witness if they so wished.
Council President Kinch states that only a council member can move for a dismissal, so the motion is denied.
The first witness called by Mr. Kilmartin is Christine Chen, license holder. Ms. Chen is sworn in by City Clerk Richard Goldstein.
Upon questioning from Mr. Kilmartin, Ms. Chen states that she works at Super Dragon; she is the president of the corporation.
She was working on June 26th. They were not busy. She worked the bar alone.
Her nephew, Mr. Chin, came to visit. He is not employed at the restaurant.
When she had to take a break to go to the ladies’ room, she asked her nephew to keep an eye on the front, because she had a problem with someone stealing bottles of alcohol in the past.
She didn’t ask her nephew to serve anyone or to serve alcohol.
She said that when she was still in the back, Mr. Chin came back and got her to check the I.D. She told the customer “No I.D., No alcohol.” She did not know that the customer was a police officer when she took the alcohol.
She is the only one authorized to sell alcohol.
Upon questioning from Mr. Milos, Ms. Chen states that Mr. Chin came to visit. She did not ask him to sell alcohol.
When asked three times by Mr. Milos if she told him not to serve alcohol, she said that she just asked him to watch the front.
Ms. Chen took the alcohol because she wanted to check the I.D. first.
When asked by Mr. Kilmartin if she told her nephew not to do different things, Ms. Chen responded that she did not tell him not to do things.
The final witness called by Mr. Kilmartin is William Chin, license holder. Mr. Chin is sworn in by City Clerk Richard Goldstein
Upon questioning by Mr. Kilmartin, Mr. Chin states that he went to Super Dragon on June 26. He went to visit his aunt.
He did not go there to work. He is not an employee of the restaurant.
His aunt asked him to watch the front when she went to the ladies’ room. No one was helping her aunt in front.
The officer and the young lady came in. He seated them and gave them menus. He didn’t remember if he asked them if they wanted drinks or if they asked. He served them, trying to be helpful.
He was TIPS certified four to five years ago. He has never worked serving alcohol.
After serving the customers he realized that he should check I.D.s. He got his aunt. He did not know that one of the customers was a police officer when he got his aunt.
He goes to the restaurant occasionally to visit his relatives. There are no set days or times for his visits.
Councilor Barry asks why he got TIPS certified if he did not work in alcohol sales.
Mr. Chin responds that several members of his family got certified in case they were needed to help out at the restaurant.
Councilor Tetreault asks what Mr. Chin remembers most from his TIPS training.
Mr. Chin responds that he should not serve people under age 21.
There are no other speakers.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Vitali, the City Council ORDERS THAT THE LICENSE HOLDER PAY A $500.00 FINE, WHICH MUST BE PAID BY THE END OF THE BUSINESS DAY ON TUESDAY, SEPTEMBER 15, 2009, AND THE LICENSE TO SELL ALCOHOL SHALL BE SUSPENDED FOR A PERIOD OF FIVE (5) DAYS, SPECIFICALLY SEPTEMBER 16, 17, 18, 19, 20, 2009, (THE RESTAURANT MAY REMAIN OPEN TO SELL FOOD) FOR THE FOLLOWING REASONS:
1. On or about June 26, 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 26, 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).
Communication from Major Bruce Moreau, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (The Call Sports Pub, 47 Mendon Avenue – Disturbance at the establishment) is READ AND ORDERED FILED.
Communication from Major Bruce Moreau, Pawtucket Police Department, to Board of License Commissioners. (Six months activity report – Garrity Pub and Restaurant Inc., d/b/a Corinne’s Banquets, 67 Garrity Street) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Board, the following motion made by Councilor Moran, seconded by Councilor Hodge, is passed on a unanimous voice vote:
The Clerk is instructed to send a communication to Jarrod Ilkowitz, OPS Manager, Corinne’s Banquets, requesting that he review the six-month activity report prepared by the police department and then provide the Board with a detailed plan for security at the establishment and for ensuring that it does not become a nuisance if the board decides to grant his request to eliminate detail officers on Friday and Saturday evenings.
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor, to Councilor James F. Chadwick, Jr. (Bela Vista Liquors Inc – Appeal withdrawn) is READ AND ORDERED FILED.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 8:34 p.m.