Pawtucket Board of License Commissioners
April 21, 2010
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, April 21, 2010, at 6:55 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Barros.
Chairperson Kinch presides.
The reading of the records of April 7, 2010 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 B (Victualer) – Transfer
Joshua Café LLC d/b/a The News Cafe, (transfer from G & D LLC d/b/a The News Café) 43 Broad LIC#5568
*PREVIOUS STIPULATION
1. Door on Broad Street side of building must be kept closed at all times.
Representing the applicant is Michael Horan, 393 Armistice Boulevard, Pawtucket, RI
Also present is applicant John Marques, 10 Valley View Circle, Cranston, RI
Mr. Horan states that there have been no problems at the establishment.
Mr. Marques states that he has a purchase and sales agreement.
The business will be run as it is. Mr. Marques will enlarge the food menu.
Mr. Marques worked at a deli for twenty two years and several other establishments.
The hours will be from 11:30 am to 11:30 – 12 midnight, 1:00 am if busy. It will be open seven days a week. It will have 3 to 4 employees. They all are TIPS certified.
Mr. Marques states that he will take over the parking lease agreement.
COUNCILOR BARROS ARRIVES AT 7:04 pm.
Mr. Cassidy will check if the Council must approve a transfer of the parking lease.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES CHADWICK.
With majority consent of the Council, Councilor Chadwick introduces the following communication:
Communication from Paul J. Pisano, Attorney, to Pawtucket Board of License Commissioners, objecting to the transfer of the Class B (Victualer) Liquor License of G & D LLC d/b/a News Café to Joshua Café LLC d/b/a The News Cafe in the total amount of $545.00
Upon motion made by Councilor Chadwick, seconded by Councilor Barry the following communication is READ AND ORDERED FILED.
Communication from Paul J. Pisano, Attorney, to Pawtucket Board of License Commissioners, objecting to the transfer of the Class B (Victualer) Liquor License of G & D LLC d/b/a News Café to Joshua Café LLC d/b/a The News Cafe in the total amount of $545.00
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following license is APPROVED WITH THE CURRENT STIPULATION, AND SUBJECT TO THE PAYMENT OF ALL OUTSTANDING CLAIMS, on a unanimous voice vote:
CLASS B (Victualer) – Transfer
Joshua Café LLC d/b/a The News Cafe, (transfer from G & D LLC d/b/a The News Café) 43 Broad LIC#5568
*PREVIOUS STIPULATION
1. Door on Broad Street side of building must be kept closed at all times.
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS B (Victualer) – New
Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, 424 Benefit Street, LIC#5584
Representing the applicant is Attorney Michael Horan, 393 Armistice Boulevard, Pawtucket, RI
Also present is store owner and applicant Mohammad Eid, 74 West Street, Attleboro, MA
Mr. Horan states that Mr. Eid intends to operate a cigar lounge.
He states that there are two cigar lounges in Providence and one in Cranston.
The business will be controlled mostly by the Division of Taxation. More than 50% of the revenue of a cigar lounge must be from tobacco products. Liquor and food are incidental.
Currently, Mr. Eid runs a cigar sales business at the location.
Mr. Eid ran a cigar lounge in Tampa Florida.
Mr. Eid states that he will have to close the business if he cannot sell liquor and food because there isn’t enough business with cigar sales only.
He states that no cigarettes will be smoked there
There will be lounge chairs inside. Mostly the drinks will be cognac, scotch and wine, but not beer.
Mr. Eid is building a new humidor in the building.
The hours will be 11:00 am to 8:00 pm Sunday thru Thursday, and to 1:00 am on weekends.
Mr. Eid gets 90% of his business from Massachusetts. He won’t compete with the local bars.
Mr. Eid owns Columbus Mini Mart.
Mr. Eid advertised BYOB, but it didn’t work. His customers don’t like BYOB.
He has 3 employees. There will be a kitchen. He will start with finger foods.
Capacity will be a 44 and he will have 11 parking spaces in the lot.
Mr Eid states that he tried to operate without liquor, but he doesn’t make enough money.
He has a 10-year lease with two 5-year options. He has spent $120,000.00 on building improvements. He will not have bar with stools; he just wants a place to show off his liquor offerings. He will be using the entire building.
He has spoken with some neighbors.
Speaking in opposition is Attorney Mark Welch, 141 Power Road, Pawtucket, RI
Mr. Welch represents Benefit Street Pub and Duquenoy Realty, which owns the property on which the Benefit Street Pub is located.
Mr. Welch asks if the city needs another BV (Victualler) license in the area. Is it oversaturated? He believes it is. He doesn’t believe there is a community need. There is second BV (Victualler) license there; this will make the third within a 200 ft basis.
Mr. Welch understands that they are trying to get the business in, but it should not be by causing others to close. He believes that it could cause problems at closing time with traffic and other safety problems. He questions if there is adequate parking, where the employee will be parking and if the fire department has determined the capacity.
Speaking in opposition is Raymond Moreau, 81 Alston Avenue, Pawtucket, RI
Mr. Moreau states that he is from the Benefit Street Pub. He has been there for 20 years and the Happy Hours Club also has been there for years. There is no parking there, not enough room for everyone. It will hurt their business. He lost 35% of his business because of the economy.
Speaking in opposition is Robert Tootell, 78 Rosemont Avenue, Pawtucket, RI
Mr. Tootell owns the Happy Hour Club. He wants a stipulation against the serving of beer and cigarettes. He also is concerned about parking.
Speaking in favor is Saleh Yassine, 192 Hoyt Avenue, Rumford, RI.
Mr. Yassine works for Citizens Bank. He doesn’t believe that this business will be competition for bars because it will have different clients. He goes to Providence cigar lounges, usually has one drink for sipping and smokes cigars.
He states that this business would be great for Pawtucket.
Mr. Welch questions if the cigar lounge law relates only to retail sales of cigars, or also to wholesale sales. He questions the use of the floor space and the capacity of the establishment.
Attorney Horan states that the law says “tobacco sales for consumption on the premises.” He states that the applicant will live with stipulations to show good faith. He states that this is a new type of business and won’t compete with other businesses.
The hearing is closed.
There are no other speakers.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the following license is DENIED for the following reasons on a unanimous voice vote:
1. Doesn’t fit the area, oversaturated.
2. Concerns about people backing out of a lot onto Newport Avenue and Benefit Street.
CLASS B (Victualer) – New
Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, 424 Benefit Street, LIC#5584
THE FOLLOWING PETITION FOR LICENSE IS LAID ON THE TABLE ON A UNANIMOUS VOICE VOTE:
Class F (Beer & Wine)
Petition of Education Center of Arts and Sciences Theater Inc., to sell beer and wine at a “Theatrical Play” – Fundraiser, at the Pawtucket Armory, 172 Exchange Street, on Saturday, May 8, 2010, from 7:00 p.m. until 10:00 p.m. LIC#5629
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the meeting is adjourned at 8:19 p.m.