Pawtucket Board of License Commissioners
September 22, 2010
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 22, 2010, at 7:08 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Kinch, Councilors Barros, Chadwick, Hodge, Moran, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barry.
Chairperson Kinch presides.
The reading of the records of September 8, 2010 is dispensed with and the records are approved as prepared by the Clerk.
THE FOLLOWING FORMAL HEARING WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 11, 2010, AND IS AGAIN TAKEN UP:
CLASS BV (Victualer)
Rosinha LLC d/b/a Rosinha, 999 Main Street, LIC#4920
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barrros, seconded by Councilor Hodge, this matter is moved to the bottom of the calendar.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS 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.
Mr. Milos states that since the license holder is out of the country and there is no one there who has standing to represent or sign for the owner, he is recommending that the hearing be recessed for two weeks.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilor Hodge, the formal hearing is RECESSED until Wednesday, October 6, 2010, because the license holder is out of town, on a unanimous voice vote.
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.
Communication from Major Bruce Moreau, Police Department, to Pawtucket City Council. (Country Lounge Inc., d/b/a Tommy’s Lounge, 99 India Street – Police Report) is READ AND ORDERED FILED.
THE FOLLOWING FORMAL HEARING WAS LAID ON THE TABLE AT THE MEETING HELD AUGUST 11, 2010, AND IS AGAIN TAKEN UP:
CLASS BV (Victualer)
Rosinha LLC d/b/a Rosinha, 999 Main Street, LIC#4920
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., Assistant City Solicitor.
Representing Rosinha LLC is Rosa Almeida, 177 Mauran Avenue, East Providence, RI, license holder.
Mr. Milos states that Ms. Almeida, on behalf of Rosinha LLC d/b/a Rosinha, has agreed to enter a plea of Nolo Contendre and he recommends a $500.00 fine.
Upon questioning from Council President Kinch, Ms. Almeida states that she waives her right to be represented by an attorney.
Councilor Barros states that Rosinha’s has put in cameras and has taken the keys from the offending employees. He supports the plea agreement.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Wildenhain, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THAT ROSINHA LLC D/B/A ROSINHA, 999 MAIN STREET, LIC#4920, BE FINED IN THE AMOUNT OF $500.00 FOR THE FOLLOWING REASONS:
1. On or about June 10, 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 June 10, 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).
3. On or about July 11, 2010: Operating after hours. (see attached police report) (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration)
Upon motion made by Councilor Hodge, seconded by Councilor Moran, the meeting is adjourned at 7:21 p.m.