May 19, 2010 - Regular License Commissioners Session

 

Pawtucket Board of License Commissioners

May 19, 2010

 

 

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, May 19, 2010, at 6:47 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present – Councilors Barros, Barry, Chadwick, Hodge, Tetreault, Vitali and Wildenhain.

 

Absent – Chairperson Kinch and Councilor Moran.

 

Vice Chairperson Hodge presides.

 

 

The reading of the records of May 5, 2010 is dispensed with and the records are approved as prepared by the Clerk.

 

 

THE FOLLOWING PUBLIC HEARING WAS RECESSED AT THE MEETING HELD MAY 5, 2010 AND IS AGAIN TAKEN UP:

 

CLASS B (Victualer) – Transfer

 

J & L Management LLC d/b/a Grille 47, (transfer from The Call Sports Pub LLC d/b/a The Call Sports Pub) 47 Mendon Avenue, LIC#5634

 

Present are David Graham, Esq., 1804 Mineral Spring Avenue, North Providence, RI, representing the applicant and applicant Alfredo Lopes..

 

Attorney Graham states that there is a binder for liability insurance on file for Grille 47.

 

He also states that Mr. Pate is working there and is on the payroll.

 

The next speaker is Michael Pate, license holder, 227 London Avenue, Pawtucket, RI.

 

Mr. Pate states that he is there as a manager on a day to day basis.  He met with Michelle Hardy, Deputy City Clerk and is doing what he needs to do.  He understands that they will have 30 days to resolve monetary issues.  He apologizes for any misunderstandings from two weeks ago.

 

 

COUNCILOR MORAN ARRIVES AT 6:56 P.M.

 

The next speaker is Joseph Boccelli, 221 North Main Street, Middleton, MA.

 

Mr. Boccelli states that he is the landlord for the property and he has known Al Lopes for the past 35 years.   His food is fantastic and his establishment is immaculate.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Barry, the following license is APPROVED PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS:

 

CLASS B (Victualer) – Transfer

 

J & L Management LLC d/b/a Grille 47, (transfer from The Call Sports Pub LLC d/b/a The Call Sports Pub) 47 Mendon Avenue, LIC#5634

 

 

A FORMAL HEARING on the following license is taken up:

 

CLASS D

 

Howard-Rogers Holding Corporation Inc., 25 McCallum Avenue, LIC#4037

 

Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.

 

Mr. Milos hands out a copy of the police report.

 

Witness for the City, Captain William Karalis, is sworn in.

 

Captain Karalis states that he was working the detail at the Howard Rogers Post on April 19 & 20, 2010 from 9:00 p.m. until 1:00 a.m.  He met with Tony Gomes.  There were no other officers present.  Mr. Gomes was in charge and was tending bar.  The hall was rented for an 18 year old birthday party.  A third party rented the hall for the event.  Captain Karalis spoke with Melissa Moniz, who rented the hall.  She stated that no one over 21 was expected to be there.  There were 50 people expected in attendance.  Far more than 50 people showed up.  Ms. Moniz said that there would be a person at the table to check who was coming in.  There was a DJ present. 

 

Captain Karalis checked the parking lot.  He told people who came there to keep the music and the screaming down.  He did this all throughout the night.  At one point Captain Karalis states that he went to talk to Ms. Moniz and found her in the bar with a drink and dancing.  He told her that he was concerned about the lack of supervision.  He then made the decision to stop people from coming in.  He went out to get the people to leave.

 

Captain Karalis states that Ms. Moniz informed him that one juvenile was intoxicated.  He told Ms. Moniz to call the parents and he informed Mr. Gomes.

 

Captain Karalis then went back to Ms. Moniz and was told that the child was gone and more people had been let in.  He spoke with Mr. Gomes and told him to close the party.  He then went outside to stop a fight.  He called for back-up when there were five fights going on.   It took 40 minutes to clear the lot.  He spoke with the 4-5 residents who were upset.

 

Captain Karalis told Mr. Gomes that he was not happy with the supervision.  Mr. Gomes said that he has renters sign a form with rules. 

 

Captain Karalis estimates that there were 100-150 juveniles there.  No arrests were made because he had to keep breaking up fights.  People left the scene when they heard the sirens of the officers called in for backup. 

 

 

The next speaker is Donna Godinmessier, 847 Weeden Street, Pawtucket, RI.

 

Ms. Godinmessier is sworn in.

 

She states that Captain Karalis’ testimony is only about that one evening.  She states that there are problems there one to three times per month and can be any night during school vacations.  She states that there was a problem during February vacation.  Kids make loud noise and she fears for her safety.

 

 

The next speaker is Jane Eitel, 847 Weeden Street, Pawtucket, RI.

 

Ms. Eitel is sworn in.

 

 

Ms. Eitel discusses the February incident that she felt was extremely scary.  She states that Ms. Godinmessier thought she heard shots fired.  There were kids on the street screaming and yelling and one of the security officers let off some pepper spray.  She fears for her safety.

 

 

The next speaker is Anthony S. Gomes, 59 Drolet Avenue, Pawtucket, RI, President, Howard Rogers Post.

 

Mr. Gomes is sworn in.

 

Mr. Gomes states that he pays $650.00 per year for the license for the bar and the hall.  There were only 70 people there on April 19, 2010.  The place was empty by 11:30 p.m.  There was a small skirmish in the lot.  There was no drinking there that night. 

 

He agrees that the neighbors shouldn’t have to put up with the skirmishes.

 

Councilor Chadwick states that he doesn’t like the way Mr. Gomes manages the club. 

 

Mr. Gomes states that there was one problem on one night and feels that there is a vendetta against him.

 

 

The next speaker is Doris Flynn, 59 Drolet Avenue, Pawtucket, RI.

 

Ms. Flynn is sworn in.

 

Ms. Flynn states that Mr. Gomes has run this establishment for 16 years with no problems.  She believes that there is a vendetta by the “rat pack.” One person is trying to move Mr. Gomes out of running the post, specifically Dino Deluca.

 

 

The next speaker is Toni Gomes, 210 Admiral Street, Providence, RI.

 

Ms. Gomes is sworn in.

 

Ms. Gomes states that she has been in the area on Friday and Saturday nights.  She said that there were people who were loud coming out of Corina’s.  There are only three people here complaining.  It is not Mr. Gomes’s responsibility to control people after they leave the post property.

 

 

The next speaker is John Williamson, 59 Drolet Avenue, Pawtucket, RI.

 

Mr. Williamson is sworn in.

 

Mr. Williamson states that he is a character witness for Mr. Gomes.  He has gone out with Mr. Gomes’s daughter for four years.  He states that Mr. Gomes has taken him in as a son.  He believes that Mr. Gomes has done everything that has been asked of him and he runs the post well.  Mr. Gomes takes pride in the post and the post is Mr. Gomes’s life.

 

 

The next speaker is Dino Deluca, 65 Federal Street, Pawtucket, RI.

 

Mr. Deluca is sworn in.

 

Mr. Deluca reads from a prepared statement, as follows:

 

 

 

Gentlemen,

 

I have been a member of the American Legion for over 55 years.

 

As of June 1st I am the newly elected Finance officer.

 

I am not here to support Mr. Gomes, I’m here to try to save our post for its members and good customers.

 

I too am tired of the way he runs the post. We find out about a meeting like this when we see it on television.

 

Members are never informed. Mr. Gomes is running the post like a private bar.

Many people refer to it as Tony’s bar... last week we found out that even though it’s an American Legion Post he hasn’t supported the American Legion in over 5 years. Yet the American Legion is trying to help us with the election of officers project.

 

Any time a member tries to make a motion or a suggestion to improve anything, he is labeled a trouble maker.

 

Well us trouble makers got together and really tried to elect a new commander at the May meeting. We nominated the senior vice for commander and he lost by one vote.  We have since found out that there were four fraudulent votes, which Jim Rourke is prepared to explain.

 

The outcome of that vote is presently being contested at the state level.

 

Post 25 is a good place to go in the afternoon. We play cards, discuss the problems of the world, watch ballgames and have a couple of beers. I bring my wife there, Butch brings his wife there and a couple of women even play cards there. They are treated respectfully.

 

I will not take my wife in there at night as I don’t consider it safe.

 

As a body we want to stop the trouble, close at midnight, repair the parking lot, fix the roof, clean from top to bottom and reopen the kitchen part time.

 

Gentlemen, Mr. Gomes doesn’t follow the American Legion bylaws, doesn’t respect people of authority and thinks he does no wrong. We had a meeting last week and were not informed of this summons.

 

Tony ran that party on a Monday night, April 19th, for a good friend’s grandson’s 16th birthday. Any other person in charge wouldn’t have allowed it. They wouldn’t have booked a party for a bunch of 16 year olds, never mind 200 of them. That hall holds 150 people. He never put the party in the reservations book until after the fact. An application was never filled out.

 

I’m certainly happy that I don’t live in that neighborhood because if I did I would have been right down here with those residents.  I would like to apologies to them from the members of the post and myself, which Mr. Gomes should have done already.

 

I’ve been trying to improve the post and I’m always called a trouble maker.

 

I feel for the good of everyone involved it’s time for Mr. Gomes to resign.

 

Thank you gentlemen.

 

 

 

The next speaker is James Rourke, 489 High Street, Cumberland, RI.

 

 

Mr. Rourke is sworn in.

 

Mr. Rourke states that he represents the Howard Rogers Post.  He opposes Mr. Gomes’s leadership.  He believes that the election last week was tainted.  He apologizes to the neighbors.  He states that this is the American Legion Post and not a night club.

 

COUNCILOR BARROS LEAVES THE CHAMBERS AT 7:52 P.M.

 

The next speaker is Jodi Cavallaro, 30 Waldo Street, Pawtucket, RI.

 

Ms. Cavallaro is sworn in.

 

Ms. Cavallaro states that she was the Sergeant of Arms at the Howard Rogers Post 15 years ago.  Mr. Gomes does an outstanding job.  This is not run as a night club. She has been to several functions there and Mr. Gomes has served the City for 32 years as a police officer.  He takes safety seriously.

 

COUNCIL PRESIDENT KINCH ARRIVES AT 7:56 PM

 

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 City Council ORDERS THAT THE LICENSE HOLDER PAY A $750.00 FINE, WHICH MUST BE PAID BY FRIDAY, MAY 21, 2010 AND THE LICENSE  IS HEREBY SUSPENDED AND THE ESTABLISHMENT MUST BE CLOSED FOR A PERIOD OF FOURTEEN (14) DAYS, SPECIFICALLY MONDAY, MAY 24, 2010, UP TO AND INCLUDING JUNE 6, 2010, FOR THE FOLLOWING REASON:

 

1.   Failure to maintain control of patrons and/or endangering the health, safety and welfare of the general public and/or permitting the place where you are licensed to sell beverages to become disorderly as to annoy and disturb the persons inhabiting or residing in the neighborhood and/or permitting any of the laws of this state to be violated in the neighborhood, specifically, on or about April 19-20, 2010 (See attached Police Narrative Report) and, generally, on other unascertained dates and times (See Minutes of the City Council’s May 5, 2010 Pre-Council - Public Input Period).

 

 

Communication from Paul Gaudette, owner of Hose Company No 6, to Pawtucket City Council. (To have a D.J. outdoors from 5:00 p.m. to 8:00 p.m. on Mondays from May 10, 2010 thru September 6, 2010) is READ AND ORDERED FILED AND THE REQUEST IS APPROVED on a unanimous voice vote, with the understanding that all drinks in the parking lot must be served in plastic cups; no glasses or bottles allowed.

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED PENDING APPROVAL BY FR. GALLIGAN, ON A UNANIMOUS VOICE VOTE:

 

Class F (Full Privilege)

 

Petition of St. Edward’s Church, to sell alcoholic beverages at Fundraiser, at 396 Weeden Street, on Saturday, May 22, 2010, from 8:00 p.m. to 1:00 a.m. LIC#5670

 

 

 

Upon motion made by Councilor Chadwick, seconded by Councilor Wildenhain, the meeting is adjourned at 8:19 p.m.

May 19, 2010 - Regular License Commissioners Session
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