A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 23, 2009, at 7:14 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 September 9, 2009 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE WAS LAID ON THE TABLE AT THE MEETING HELD SEPTEMBER 9, 2009 AND IS AGAIN TAKEN UP:
CLASS C
Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. LIC#5049
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing Ray’s Boulevard Tap is Thomas A. Hanley, Attorney, One West Exchange Street, Providence, RI.
The first witness called by Mr. Milos is Officer Kelly Boily, Pawtucket Police Department. Officer Boily is sworn in by City Clerk Richard Goldstein.
Upon questioning by Mr. Milos, Officer Boily states that she has been with the Pawtucket Police Department for nine years. On January 27, 2009, she was on duty with the Special Squad and her canine partner, Cash. Cash is patrol and narcotics certified for five controlled substances; marijuana, hash, methamphetamine, cocaine and heroin. Cash makes two types of responses. He can make an odor response if he smells something. When Cash scratches at the floor, it’s a positive indicator.
They were effectuating a search warrant for 27 Daggett Avenue, Mr. Clement’s home, and at 572 Armistice Boulevard, Ray’s Boulevard Tap.
Cash made a positive indicator and found narcotics at 27 Daggett Avenue.
At Armistice Boulevard, there was an odor response. There was no positive indicator. No drugs were found.
Upon questioning from Mr. Hanley, Officer Boily reiterates that no drugs were found at Armistice Boulevard. She states that depending on the type of narcotic Cash smelled, the odors could last several months.
The second witness called by Mr. Milos is Narcotics Detective Dennis Smith, Pawtucket Police Department. Detective Smith is sworn in by City Clerk Richard Goldstein.
Upon questioning by Mr. Milos, Detective Smith states that he has been with the Pawtucket Police as a detective for nine years.
He was on duty January 27, 2009. He was involved in the investigation on Ray’s Boulevard Tap for one month.
Detective Smith states that illicit substances were found at Daggett Avenue. He spoke with Mr. Clement about why he was being taken into custody after reading him his rights. Lieutenant Campbell was there when Mr. Clement was questioned. Mr. Clement initialed each of the rights on the rights form indicating he understood his rights and signed the bottom of the form.
Mr. Milos introduces the rights form signed by Mr. Clement, which is made part of the record.
Detective Smith states that Mr. Clement’s statement was voluntary. No promises or threats were made to get Mr. Clement’s statement. Detective Smith stated that Mr. Clement told him that he purchased cocaine and marijuana in bulk and would break it down into smaller quantities to bring to the bar and sell to his friends. Detective Smith states that Mr. Clement was referring to Ray’s Boulevard Tap, not the bar in his home basement. At Ray’s, they seized football pool, dice and chips. Mr. Clement was arrested for possession of cocaine with intent to deliver, bookmaking and creating a nuisance.
Mr. Hanley asks if the police department normally has a person sign his statement.
Detective Smith responds that Mr. Clement refused to give a written statement.
He states that Mr. Clement was arrested for a football pool, which was a misdemeanor.
Under questioning from Mr. Milos, Detective Smith states that he wrote a narrative memorializing his recollection of events in the police report.
Detective Smith states that eight bags of white powder were found that tested positive for cocaine (all but one had about 1.5 grams, the last bag had more). Fifty-two grams of marijuana were found. $855.00 in cash was found.
Under questioning from Mr. Hanley, Detective Smith states that there was under one ounce of cocaine and under 2 ounces of marijuana.
Mr. Milos introduces Mr. Clement’s Superior Court plea of no lo contendere and his Judgment of Conviction and Commitment.
Mr. Hanley states that none of the activity, except for one sentence allegedly made by his client, reflects on the bar. There were no narcotics found there and the odor could have been there before Mr. Clement got the license a month before.
Mr. Hanley states that his client probably will not appeal any action by the council, but he asks for a stay of action for two weeks so he can put a package together for the Council to transfer the license to the prior owner.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, Councilor Wildenhain introduces the following communication:
Communication from George L. Kelly, III, Chief of Police, to Pawtucket Board of License Commissioners. (Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap – Police Department concern)
Upon motion made by Councilor Wildenhain, seconded by Councilor Chadwick, the following communication is READ AND ORDERED FILED.
Communication from George L. Kelly, III, Chief of Police, to Pawtucket Board of Licenses Commissioners. (Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap – Police Department concern)
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Chadwick, the following application is LAID ON THE TABLE to give the license holder an opportunity to submit papers to transfer the license to the previous owner, on a unanimous voice vote:
CLASS C
Dancinbr Enterprises LLC d/b/a Ray’s Boulevard Tap, 572 Armistice Blvd. LIC#5049
Communication from Jarrod Ilkowitz, OPS Manager of Corinne’s Banquets, to Pawtucket City Council. (Regarding the police detail at 67 Garrity Street) is LAID ON THE TABLE on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Council, 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 Banguets, and to Major Moreau regarding the removal of the police detail stipulation on the liquor license of Corinne’s Banquets. Councilor Moran requests that they attend a pre-council session of the Board of License Commissioners to discuss this request. The meeting will be held on Wednesday, October 7, 2009.
Upon motion made by Councilor Hodge, seconded by Councilor Wildenhain, the meeting is adjourned at 7:47 p.m.