Pawtucket Board of License Commissioners
February 16, 2010
A regular session of the Pawtucket Board of License Commissioners is held Tuesday, February 16, 2010 (rescheduled from Wednesday, February 10, 2010), at 6:45 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Absent – Councilor Wildenhain.
Chairperson Kinch presides.
THE FOLLOWING MATTER IS TAKEN UP:
FORMAL HEARING:
CLASS A
Great Entrepreneurial Endeavors Inc., d/b/a Gee’s Liquors, 400 Broadway, LIC#5097
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following matter is LAID ON THE TABLE until February 24, 2010:
CLASS A
Great Entrepreneurial Endeavors Inc., d/b/a Gee’s Liquors, 400 Broadway, LIC#5097
THE FOLLOWING MATTER IS TAKEN UP:
FORMAL HEARING:
CLASS B (Victualer)
The Blackstone at Hope LLC d/b/a The Blackstone, 1005 Main Street, LIC#4697
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barros, the following matter is LAID ON THE TABLE until March 10, 2010:
CLASS B (Victualer)
The Blackstone at Hope LLC d/b/a The Blackstone, 1005 Main Street, LIC#4697
THE FOLLOWING MATTER IS TAKEN UP:
FORMAL HEARING:
CLASS B (Victualer)
Country Lounge Inc., d/b/a Tommy’s Lounge, 99 India Street, LIC#4018
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the following matter is LAID ON THE TABLE until February 24, 2010:
CLASS B (Victualer)
Country Lounge Inc., d/b/a Tommy’s Lounge, 99 India Street, LIC#4018
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Emery Dining Inc., d/b/a Emery’s Lefoyer, 151 Fountain Street, LIC#4113
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Mr. Milos states that in lieu of a Formal Hearing, David Emery, Secretary of Emery Dining Inc. has signed a plea of Nolo Contendre and accepts a fine of $250.00 for the first offense with no suspension.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the Board of License Commissioners 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 7, 2010: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage person’s own use or of any other person (Violation of R.I. Gen. Laws § 3-8-1).
2. On or about January 7, 2010: 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 CHAIR RECOGNIZES COUNCILOR MORAN.
With majority consent of the Board, Councilor Moran introduces the following communication:
Communication from David Emery, Secretary of Emery Dining Inc., d/b/a Emery’s Lefoyer, to Councilor David Moran. (Regarding the sale of alcohol to underage person)
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED:
Communication from David Emery, Secretary of Emery Dining Inc., d/b/a Emery’s Lefoyer, to Councilor David Moran. (Regarding the sale of alcohol to underage person)
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer)
Nova Churrasqueira Restaurant J & M Ltd. d/b/a Nova Churrasqueira Restaurant, 434 Broadway, LIC#5059
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Mr. Milos states that this would be the first offense for this establishment as there was a 100% change in stockholders for this establishment in October, 2009.
Mr. Milos states that notice was sent to Jose DeBrito, President of Nova Churrasqueira Restaurant J & M Ltd. and Registered Agent, RJ Connelly, Esq. Notice of the change in date was faxed by the City Solicitor’s Office to RJ Connelly, Esq. and Mr. Milos states that he left a message for Jose DeBrito on his cell phone. In the absence of the license holder or representative, he states that the city is ready to move forward and the city’s witness is present. He recommends moving forward with the Formal Hearing.
Witness for the City, Lieutenant Tina Goncalves, is sworn in.
Lieutenant Goncalves states that she was on duty the night of January 7, 2010, along with Captain Kevin Whalen, and the Police Department was conducting an undercover operation targeting underage drinking in the City of Pawtucket.
At Nova Churrasqueira Restaurant, 434 Broadway, an underage person was instructed to purchase a Heineken beer with city funds. The underage person purchased the Heineken with city funds, was never asked for identification, and then left the premises.
Lieutenant Goncalves states that she then approached the bartender and asked him for identification. She was told that the owner, Jose DeBrito, was in the back room and he was then summoned to the bar. It was noted that the bartender was not TIPS certified and he was then cited in front of the owner.
Councilor Barry asks Lieutenant Goncalves if there were any patrons in the restaurant portion of the business.
Lieutenant Goncalves states no.
Councilor Barry then asks if the restaurant portion of the business was lit or in darkness.
Lieutenant Goncalves states that it was lit.
Council President Kinch asks Mr. Milos about the 100% change in stockholders.
Mr. Milos reiterates that this 100% change in stockholders would make this a first offense.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
The following motion made by Councilor Vitali, seconded by Councilor Barros, to impose a fine of $250.00 with no suspension is discussed.
Mr. Milos states that in the absence of the license holder, and since there was no plea entered, the Board could move to accept the facts after a hearing and impose the $250.00 fine.
Councilor Barry states that he votes no. He is concerned that the circumstances of this matter are quite different than a license holder who readily admits its mistake, takes action to correct it and is present to address the Board. He states that not only is the license holder not present, but he made no effort to contact any member of this Board or the City Solicitor’s Office. Also, the bartender was not TIPS certified.
Councilor Moran states in the case of Emery’s the bartender, who was TIPS certified, received a three week suspension and was sent for re-certification.
Councilor Vitali states that maybe this hearing should be continued.
Mr. Milos states that the license holder was duly notified.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
Upon motion made by Councilor Vitali, seconded by Councilor Barros, Councilor Vitali amends his original motion to ACCEPT THE FACTS AFTER A HEARING AND IMPOSE A $350.00 FINE TO BE PAID WITHIN 5 BUSINESS DAYS, A ONE DAY SUSPENSION FOR FRIDAY, FEBRUARY 19, 2010, AND TIPS CERTIFICATION TO BE PROVIDED TO THE CITY CLERK’S OFFICE FOR ALL EMPLOYEES, FOR THE FOLLOWING REASONS:
1. On or about January 7, 2010: Authorizing the sale or delivery to an underage person for purposes of sale, possession or consumption of an alcoholic beverage on the license premises either for said underage person’s own use or of any other person (Violation of R.I. Gen. Laws § 3-8-1).
2. On or about January 7, 2010: 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 CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barros, the Board of License Commissioners requests that Nova Churrasqueira Restaurant J & M Ltd. d/b/a Nova Churrasqueira Restaurant, 434 Broadway, LIC#5059, be notified to appear on February 24, 2010, to state why they were not present at this hearing, on a ROLL CALL VOTE, AS FOLLOWS:
Ayes – President Kinch, Councilors Barros, Hodge, Moran and Tetreault.
Noes – Councilors Barry, Chadwick and Vitali.
COUNCILOR CHADWICK LEAVES THE CHAMBERS AT 7:15 P.M.
Communication from Robert A. D’Amico II, Esq., to Pawtucket City Council. (Name change -from Paisanos Restaurant and Lounge, 17 Exchange Street, to Tierra Restaurant and Lounge) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, on behalf of Councilor Chadwick, seconded by Councilor Hodge, the request of Paisanos Restaurant and Lounge, 17 Exchange Street, to change their name to Tierra Restaurant and Lounge is APPROVED on a unanimous voice vote.
Communication from Major Bruce Moreau, Police Department, to Pawtucket City Council. (Howard Rogers Post, 25 McCallum Avenue – Police Report in response to stipulations) is READ AND ORDERED FILED.
Communication from Michael E. Sendley, Esq., McKinnon & Harwood LLC to RI Department of Business Regulation, Liquor Control Division. (PLW-MA Inc., d/b/a Blackstone Wine & Spirits, 1179 Central Avenue, transfer to 275 Newport Avenue) is READ AND ORDERED FILED.
COUNCILOR CHADWICK RETURNS TO THE CHAMBERS AT 7:17 P.M.
THE FOLLOWING LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
Class F (Full Privilege)
Petition of Cape Verdean American Community Development , to sell alcoholic beverages at Cultural Show - Carnival, at 120 High Street, on February 13, 2010, from 9:00 p.m. to 1:00 a.m. LIC#5507
Class F –1 (Beer & Wine)
Petition of Saint Raphael Academy to sell beer and wine at a Fund Raiser – Comedian Dave Kane - at 123 Walcott Street, on Saturday, April 10, 2010, from 7:00 p.m. to 10:00 p.m. LIC#5510
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the meeting is adjourned at 7:20 p.m.