Pawtucket Board of License Commissioners
March 24, 2010
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, March 24, 2010, at 6:52 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 March 10, 2010 is dispensed with and the records are approved as prepared by the Clerk.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS D
Howard Rogers Post, 25 McCallum Avenue, Pawtucket, RI
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing the license holder is Anthony Gomes, President, Howard Rogers Post.
The first witness for the City, Patrolman Everett LaMountain, is sworn in by City Clerk Richard Goldstein.
Officer LaMountain states that he was on detail duty at Howard Rogers Post on November 28, 2009, from 9 p.m. until 1 a.m. for a baby shower. A guest at the baby shower walked into the bar and hit a patron on the right side of the face with a beer bottle.
Officer LaMountain states that Anthony Gomes was present.
The guest, Mr. Goncalves, was charged with felony assault.
Officer LaMountain states that this is the first incident that he is aware of at the Howard Rogers Post. However, he does not do many details at the Post.
The next witness for the City, Major Bruce Moreau, is sworn in by City Clerk Richard Goldstein.
Major Moreau states that on December 27, 2009, Officer Miller and other officers were dispatched to the Howard Rodgers Post at 1:35 a.m. because of a disturbance.
Major Moreau states that he met with Anthony Gomes, President of the Howard Rogers Post. Officers found approximately ten patrons at the post when they should have been gone by 1:20 a.m. Employees should have been gone by 1:30 a.m. They stated that they were cleaning up from a party.
There was no detail officer present and none was requested. Major King assigns the detail officers.
The next witness for the City, Lieutenant Tina Gonzalves, is sworn in by City Clerk Richard Goldstein.
Lieutenant Gonzalves states that she was on duty on January 16, 2010. She responded to the Howard Rodgers Post based on a 911 call for a disturbance. She met with Anthony Gomes who stated that there was a fight. The combatants had left.
Lieutenant Gonzalves was informed that there was a birthday party going on. She spoke with Mr. Cabral, who was having the party, and there was no mention of him being a member of the club. They were collecting $10 for men and $5 for women at the door. There was no detail officer present. Lieutenant Gonzalves did not see alcohol being served. She saw approximately 80 people in attendance.
Major Moreau states that for the event on January 16, 2010, there was no request for a detail officer.
He states that there have been seven calls regarding the Howard Rodgers Post, mostly regarding noise.
Mr. Milos notes that in April 2005, this establishment was found to be serving after hours and was given a $250.00 fine. He states that in September 2007, this establishment was found to be serving to minors and was fined $250 and given a one-day suspension.
Anthony Gomes, speaking for the license holder, is sworn in by City Clerk Richard Goldstein.
Councilor Chadwick asks Mr. Gomes about his disregard for requesting a detail officer.
Mr. Gomes states that he thought the stipulation was for events with over 60 people. He will now be sure to have a detail officer at all events. Mr. Gomes states that they do have signs posted that patrons must leave by 1:20 a.m. and that no one may be there at 1:30 a.m. He does not believe that he ever received written notice of the stipulations.
There are no other speakers.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the Howard Rogers Post is found guilty of the following violations on a roll call vote, as follows:
Ayes – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault and Vitali.
Noes – 0.
1. On or about November 29, 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)
2. On or about December 27, 2009: Violation of the following specific condition to the grant of your license: 1. Police Detail Officer shall be required at all events.
3. On or about January 16, 2010: Violation of the following specific condition to the grant of your license: 1. Police Detail Officer shall be required at all events.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the Board ORDERS THAT THE HOWARD ROGERS POST PAY A $500.00 FINE, WHICH MUST BE PAID BY THE END OF THE BUSINESS DAY ON MARCH 26, 2010, AND THEIR LICENSE SHALL BE SUSPENDED FOR A PERIOD OF THREE (3) DAYS, SPECIFICALLY FRIDAY, APRIL 2, 2010; FRIDAY, APRIL 9, 2010, AND FRIDAY APRIL 16, 2010, FOR THE REASONS STATED ABOVE.
THE CHAIR RECOGNIZES COUNCILOR VITALI.
With majority consent of the Council, Councilor Vitali introduces the following petition.
Petition of Jean Phillippe Barros to sell alcoholic beverages at a fundraiser, on Friday April 2, 2010, from 9:00 p.m. to 1:00 a.m. LIC#5587
Upon motion made by Councilor Vitali, seconded by Councilors Hodge, Chadwick and Barry, the following petition is APPROVED on a unanimous voice vote:
Petition of Jean Phillippe Barros to sell alcoholic beverages at a fundraiser, on Friday April 2, 2010, from 9:00 p.m. to 1:00 a.m. LIC#5587
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
With majority consent of the Council, Councilor Chadwick introduces the following communication:
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (Howard Rogers Post – Patronage to the Public)
Upon motion made by Councilor Chadwick, seconded by Councilor Barry, the following communication is READ AND ORDERED FILED and REFERRED TO THE LICENSE COMMITTEE.
Communication from Frank J. Milos, Jr., Esq., Assistant City Solicitor, to Richard J. Goldstein, City Clerk. (Howard Rogers Post – Patronage to the Public)
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 7:24 p.m.