Pawtucket Board of License Commissioners
March 10, 2010
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, March 10, 2010, at 7:21 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 – 0.
Chairperson Kinch presides.
The reading of the records of February 16 and 24, 2010 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD FEBRUARY 16 AND 24, 2010, IS AGAIN TAKEN UP:
CLASS A
Great Entrepreneurial Endeavors Inc., d/b/a Gee’s Liquors, 400 Broadway, LIC#5097
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Attorney Monica Horan, 393 Armistice Boulevard, Pawtucket, RI
Also present is John Anthony Santos, license holder, 10 Lookout Avenue, North Providence, RI.
Attorney Milos states that the license holder has agreed to enter a plea of Nolo Contendre and to pay a $750.00 fine and serve a six (6) day suspension split over two weeks; Sunday, Monday and Tuesday during each week.
Mr. Santos apologizes for the violation. He states that from now on everyone will be carded. All employees are TIPS certified.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Barry, the Board ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE HOLDER PAY A $750.00 FINE, WHICH MUST BE PAID BY THE END OF THE BUSINESS DAY ON MARCH 12, 2010, AND THE LICENSE TO SELL ALCOHOL SHALL BE SUSPENDED FOR A PERIOD OF SIX (6) DAYS, SPECIFICALLY SUNDAY, MARCH 28, 2010; MONDAY, MARCH 29, 2010; TUESDAY, MARCH 30, 2010; SUNDAY, APRIL 25, 2010; MONDAY, APRIL 26, 2010; AND TUESDAY, APRIL 27, 2010; FOR THE FOLLOWING REASONS:
1. On or about December 30, 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 December 30, 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 CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Board, the following Formal Hearing is moved to the bottom of the agenda:
CLASS B (Victualer)
The Blackstone at Hope LLC d/b/a The Blackstone, 1005 Main Street, LIC#4697
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETINGS HELD FEBRUARY 16 AND 24, 2010, IS AGAIN TAKEN UP:
CLASS B (Victualer)
Country Lounge Inc., d/b/a Tommy’s Lounge, 99 India Street, LIC#4018
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
No one is present to represent the license holder.
Attorney Milos states that the license holder has agreed to enter a plea of Nolo Contendre and to serve a two (2) day suspension with no fine.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, on behalf of Council President Kinch, seconded by Councilor Barry, the Board ACCEPTS A PLEA OF NOLO CONTENDRE AND ORDERS THAT THE LICENSE TO SELL ALCOHOL SHALL BE SUSPENDED FOR A PERIOD OF TWO (2) DAYS, THE DATES TO BE DETERMINED, FOR THE FOLLOWING REASONS:
1. On or about January 7, 2010: 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 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).
Communication from Thomas Brennan, President, Celtic Pub Inc., 755 Broadway, to the Honorable City Council Members, requesting permission to erect a tent on the parking lot of 755 Broadway, on March 17, 2010, from 12:00 p.m. until 12:00 a.m. is READ ANDORDERED FILED AND THE REQUEST IS APPROVED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote.
Stipulations:
1. Detail officer shall be on duty until 1:00 a.m.
2. No bottles outside of building.
3. Area must be cleaned up by the end of the next day.
4. All containers outside shall be plastic or paper.
Communication from Dip Inc., d/b/a Doherty’s East Avenue Irish Pub, 342 East Avenue, to the Honorable City Council, requesting permission to serve alcoholic beverages from a tent on Tuesday, March 17, 2010, from 12:00 p.m. until 9:30 p.m. is READ AND ORDERED FILED AND THE REQUEST IS APPROVED WITH THE FOLLOWING STIPULATIONS, on a unanimous voice vote.
Stipulations
1. Detail officer shall be on duty from 6:00 p.m. to 10:00 p.m.
2. No bottles outside of building.
3. Area must be cleaned up by noon the next day.
4. All containers outside shall be plastic or paper.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE, WHICH WAS LAID ON THE TABLE AT THE MEETING HELD FEBRUARY 16, 2010, IS AGAIN TAKEN UP:
CLASS B (Victualer)
The Blackstone at Hope LLC d/b/a The Blackstone, 1005 Main Street, LIC#4697
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor and Lt. Thomas J. Gifford, Jr., Pawtucket Police Department.
Lt. Gifford is sworn in by City Clerk Richard Goldstein.
Also present is John Lefrancois, license holder, 12 Morrison Street, Providence, RI.
Upon questioning from Attorney Milos, Lt. Gifford testifies that on January 7, 2010, he and Sgt. St. Pierre were on duty. Lt. Gifford went into The Blackstone at 7:15 p.m. with an underage person.
Lt. Gifford states that while he walked toward the restroom, the bartender served the underage person a Bud Light, with no ID was requested. The bartender was charged and pled Nolo Contendre in court.
Attorney Milos states this was a second offence. The first charge was in 2007 and there are no other issues.
Mr. Lefrancois states that the bartender who served the minor is TIPS certified.
He states that all people are to be carded.
He states that the first offense was during a private party for the fire department. The bartender served the underage person because he thought this person was with the firefighters. He considers that violation to be an aberration.
He states that all employees are TIPS certified.
Mr. Lefrancois suggests that he be charged no fine, and to pull the license if they serve an underage person again. He states that he runs a tight ship and does not sanction serving minors.
Councilor Barros asks why the bartender in question did not have proof of his TIPS certification with him that night.
Mr. Lefrancois states that he was not aware of that.
Attorney Milos reads from a report that the bartender did not have his TIPS card, but stated that he was certified.
Councilor Barros asks why Mr. Lefrancois didn’t show up at the last meeting on March 16.
Mr. Lefrancois states that he knew the meeting had been postponed from February 10th, but he thought that the meeting was to be held on the following Wednesday, not on Tuesday. He states that no one was notified.
Attorney Milos states that a fax was sent to the agent for service of process notifying him of the Tuesday meeting. He has the receipt.
Councilor Barros states that a second offense carries a $750 fine.
Mr. Lefrancois believes that $750 is excessive.
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 ORDERS THAT THE LICENSE HOLDER PAY A $750.00 FINE, WHICH MUST BE PAID BY THE END OF THE BUSINESS DAY ON MARCH 12, 2010, WITH NO SUSPENSION, FOR THE FOLLOWING REASONS:
1. On or about January 7, 2010: 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 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).
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:00 p.m.