Pawtucket Board of License Commissioners
April 6, 2011
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, April 6, 2011, at 7:55 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Moran, Councilors Barros, Barry, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – Councilor Chadwick.
Chairperson Moran presides.
The reading of the records of March 23, 2011 is dispensed with and the records are APPROVED as prepared by the Clerk.
Communication from Major Bruce Moreau, Police Department to Pawtucket City Council. (Police report - Churrasquiera Restaurant) is READ AND ORDERED FILED.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS BV (Victualer)
*Nova Churrasqueira Restaurant J & M LTD., 434 Broadway LIC#5059
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.
4. Must have police detail officer on any day or night they have entertainment. 10-6-10
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Also present is Major Bruce Moreau, Pawtucket Police Department. Major Moreau is sworn in by City Clerk Richard Goldstein.
Major Moreau is familiar with the license holder and with the city entertainment license.
On March 11, 2011, Major Moreau started to receive complaints about loud music late at night. He doesn’t know from whom or where the calls come from.
He ordered the patrol officers to monitor Nova Churrasqueira Restaurant to determine if they are following the stipulation requiring a detail officer when they have entertainment.
On March 11, 2011, the police officer went in to Nova Churrasqueira Restaurant and told them to lower the music. There was no detail officer hired and they had D.J. playing the music. On March 13, 2011 there was a similar situation.
There was no decibel meter used, but the police officer said that the music was loud and he could feel the bass.
In October 2010 the detail officer stipulation was added. Major Moreau states that the license holder called for a detail once or twice, but not the last two times.
On March 11 and 13, 2011, Mr. Andrade was running the place and he stated that he was not aware of the stipulation.
Also present is the owner of the establishment Jose DeBrito, 21 Coyle Avenue, Pawtucket, RI. Mr. DeBrito is sworn in by City Clerk Richard Goldstein.
Mr. DeBrito states that last year in October when there was the problem in his establishment, he was out of country. When he came back he told the Board of License Commissioners that he was stopping the music.
He understands that the building is not proper for music. He talked to the DJ, but they continue to bring the music up.
He states that he doesn’t run the place as a nightclub. He has birthday parties.
He wants to get out of the business.
He needs to have parties because the restaurant business is slow.
He states that he is trying to sell the business. That’s why he has Mr. Andrade there to run the business.
There are no other speakers.
The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILMAN WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilors Hodge and Barry, the City Council orders that THE LICENSE HOLDER PAY A $300.00 FINE, TO BE PAID BY APRIL 20, 2011, AND A STIPULATION BE ADDED TO REQUIRE THAT THE ENTERTAINMENT BE STOPPED BY 12 MIDNIGHT, for the following reasons:
1. Violation of the following stipulation placed on your liquor license:
A DETAIL OFFICER MUST BE PRESENT ON ANY NIGHT THAT THERE IS ENTERTAINMENT
2. 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, on various dates.
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS BV (Victualer)
Unique Minority Corp d/b/a Yazel’s Bar & Grill, 605 Broadway, LIC#596
THE CHAIR RECOGNIZES COUNCILMAN WILDENHAIN.
Upon motion made by Councilor Wildenhain, seconded by Councilors Vitali and Barry, the formal hearing is LAID ON THE TABLE UNTIL APRIL 20, 2011, BECAUSE NO ONE IS PRESENT TO REPRESENT THE LICENSE HOLDER. IF THE LICENSE HOLDER DOES NOT APPEAR ON APRIL 20, 2011, THEN THE LICENSE APPROVAL WILL BE RESCINDED.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:21 p.m.