Pawtucket Board of License Commissioners
October 6, 2010
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, October 6, 2010, at 8:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – 0.
Chairperson Kinch presides.
The reading of the records of September 22, 2010 is dispensed with and the records are approved as prepared by the Clerk.
THE FOLLOWING PETITION FOR LICENSE, WHICH WAS DENIED BY THE PAWTUCKET BOARD OF LICENSE COMMISSIONERS AT ITS MEETING HELD JANUARY 20, 2010, HAS BEEN REMANDED BACK TO THE BOARD FOR FURTHER CONSIDERATION BY THE DEPARTMENT OF BUSINESS REGULATION AND IS TAKEN UP:
CLASS A
PLW MA Inc., d/b/a Blackstone Wine & Spirits, (transfer from 1179 Central Avenue to 273 Newport Avenue.) LIC#5459
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Mr. Milos states that the matter has been remanded back to the Council solely about deliveries on Newport Avenue. He states that the over-saturation argument has been overturned by the Department of Business Regulation (DBR), but there was sufficient evidence on the safety issue regarding deliveries on Courtney Avenue. DBR remanded the matter back to the Board to determine if an agreement could be reached to allow deliveries on Newport Avenue.
He does not believe that there is a need for a new public hearing.
Representing the license holder is Michael Sendley, Attorney, 1168 Newport Avenue, Pawtucket, RI.
Council President Kinch is willing to set up a neighborhood meeting on subject of deliveries on Newport Avenue. He wants the meeting held in the proposed liquor store site on Newport Avenue.
Attorney Sendley states that the deliveries would be between 5-6 trucks per week. He states that his client would stipulate that no deliveries are to be made on Courtney Avenue and only small trucks would be used for deliveries on Newport Avenue.
He states that he is willing to recommend to his client that he meet with the neighbors, but he doesn’t want to discuss issues not related to the deliveries. He states that the other issues have already been decided by DBR.
Speaking in favor is John Sawyer, 44 Clyde Street, Pawtucket, RI.
Mr. Sawyer believes that Mr. Powers is a good business man.
He states that the City needs businesses and it should not send the message that it won’t let businesses expand.
Speaking in opposition is John Scolaro, 244 Newport Avenue, Pawtucket, RI.
Mr. Scolaro does not believe that another liquor store is needed; there are six in the area now.
There are no other speakers.
The Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Vitali, the following matter is LAID ON THE TABLE until a neighborhood meeting is held to discuss the issue of deliveries on Newport Avenue.
CLASS A
PLW MA Inc., d/b/a Blackstone Wine & Spirits, (transfer from 1179 Central Avenue to 273 Newport Avenue.) LIC#5459
THE FOLLOWING FORMAL HEARING WAS RECESSED AT THE MEETING HELD SEPTEMBER 22, 2010, AND IS AGAIN TAKEN UP:
CLASS BV (Victualer)
*Nova Churrasqueira Restaurant J & M Ltd., d/b/a Nova Churrasqueira Restaurant, 434 Broadway, LIC#5059
STIPULATIONS
1. There shall be one (1) parking space for every 4 patrons.
2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.
3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Witness for the City, Major Burce Moreau, Pawtucket Police Department, is sworn-in by City Clerk, Richard Goldstein.
Major Moreau states that on September 10, 2010, the police responded to noise complaints and other disturbances. In the past three months, there have been nine responses for disturbances, including the following:
On June 19, 2010, there was a crowd in the back;
On July 28, 2010, there were 30-40 people in the front who would not leave;
On August 6, 2010, there were noisy patrons in the front and back of the building after 1:08 am;
On August 18, 2010, there was a fight. No arrests were made because the participants had left the scene by the time the police arrived;
On August 20, 2010, there was an illegally parked car on the sidewalk and loud music.
On August 28, 2010, there was noise at 12:30 am;
On September 6, 2010, there were disorderly males in the area,
Major Moreau states that there have been no arrests.
Major Moreau states that there has been an increase in demand for police response over the past few months. Since 2007, there were no disorderly complains, until August 2010 when they started bringing in a DJ.
There is 4-family house right behind the bar and Burns Manor is behind the house.
Major Moreau recommends that a detail officer be on duty whenever they have a DJ, live music or other entertainment.
Speaking on behalf of the license holder is Jose DeBrito, 21 Coyle Avenue, Pawtucket, RI, President, Nova Churrasqueira Restaurant J & M Ltd. Mr. DeBrito is sworn-in by City Clerk Richard Goldstein.
Mr. DeBrito has been letting his daughter run the business while he was away. She started the music on Friday nights.
He wants good relations with neighbors.
Mr. DeBrito started with music two years ago. He states that he stopped the music because he was not making money.
He wants to stop the music again.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barros, the Board finds that Nova Churrasqueira Restaurant J & M Ltd., d/b/a Nova Churrasqueira Restaurant, is in violation of Sections 3-5-21 and 3-5-23 of the General Laws of RI, on a unanimous voice vote.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Barros, the following stipulation is added to the license of Nova Churrasqueira Restaurant J & M Ltd., d/b/a Nova Churrasqueira Restaurant, on a unanimous voice vote:
STIPULATION.
4. Must have a police detail officer on any day or night they have entertainment.
Communication from Frank J. Milos, Esq., Assistant City Solicitor, to Councilor David Moran. (Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, 424 Benefit Street – Liquor License Approval by Director of Department of Business Regulation) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Hodge, the Board orders the City Solicitor’s office to appeal the decision of DBR overturning the Board’s denial of the Class BV (Victualer) license of Habanos Lounge Inc., d/b/a Habanos Cigar Lounge, on a roll call vote, as follows:
Ayes – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Noes – 0.
THE CHAIR RECOGNIZES COUNCILOR MORAN.
Upon motion made by Councilor Moran, seconded by Councilor Chadwick, the Board orders the City Solicitor’s office to petition for a stay of the order of DBR overturning the Board’s denial of the Class BV (Victualer) license of Habanos Lounge Inc., d/b/a Habanos Cigar Lounge until the appeal is adjudicated by Superior Court on a roll call vote, as follows:
Ayes – Chairperson Kinch, Councilors Barros, Barry, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Noes – 0.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
Class F -1 (Full Privilege)
Petition of Dave Project: Dedicated Artists for the Vitality of Arts Education to sell alcoholic beverages to conduct a HoliDave! – Holiday beer & wine/fundraiser, at 1005 Main Street, on Saturday, November 27, 2010, from 7:00 p.m. to 11:00 p.m. LIC#5928
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 9:05 p.m.