Pawtucket Board of License Commissioners
December 7, 2011
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 7, 2011, at 7:01 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Moran, Councilors Barros, Chadwick, Hodge, O’Neill, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barry.
Chairperson Moran presides.
The reading of the records of November 22, 2011 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 BV (LIMITED)
La Arepa LLC d/b/a La Arepa, 574 Smithfield Ave. LIC#5077®
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Also present is Jorge Garcia, license holder. Mr. Garcia is sworn-in by the City Clerk.
Mr. Milos states that the license holder is willing to enter a plea of Nolo Contendre. This is a first offense so he recommends a $250.00 fine with no suspension.
Mr. Garcia states that he will pay the $250.00 fine by Friday, December 9, 2011.
There are no other speakers. The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR CHADWICK.
Upon motion made by Councilor Chadwick, seconded by Councilor Hodge, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE HOLDER TO PAY A $250.00 FINE, PAYABLE BY DECEMBER 9, 2011, for the following reasons:
1. On or about September 24, 2011: 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 September 24, 2011: 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS BV (Victualer)
Peddler's Inn Inc., 94 Middle St. LIC#4062
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Mr. Milos states that the license holder is not present due to medical reasons.
Mr. Milos states that he has spoken with the license holder, Charles Brady. Being a second offense, he has offered Mr. Brady a plea agreement with a $500 fine and a two day suspension. He understands that Mr. Brady will accept a plea of Nolo Contendre. Mr. Brady will have to come to city hall to sign the plea agreement.
THE CHAIR RECOGNIZES HODGE.
Upon motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilor Barros, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE HOLDER PAY A $500.00 FINE PAYABLE IN TWO INSTALLMENTS OF $250.00. THE FIRST INSTALLMENT IS PAYABLE BY FRIDAY, JANUARY 6, 2012 AND THE SECOND PAYMENT IS DUE BY TUESDAY, FEBRUARY 7, 2012. IT IS FURTHER ORDERED THAT THE LICENSE IS HEREBY SUSPENDED FOR TWO (2) DAYS, SPECIFICALLY WEDNESDAY, DECEMBER 14, 2011 AND THURSDAY, DECEMBER 15, 2011, for the following reasons:
1. On or about September 24, 2011: 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 September 24, 2011: 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).
THE MATTER OF A FORMAL HEARING REGARDING THE FOLLOWING LICENSE IS TAKEN UP:
CLASS BV (Victualer)
Swades Inc., d/b/a Rasoi, 727 East Ave. LIC#4214 ®
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Mr. Milos states that the license holder is out of town. He has already signed a plea of Nolo Contendre, which the Board must approve and based on conversations with Councilor Barros, he will accept a fine of $950 with no suspension for this second offense.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilor Wildenhain, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE HOLDER TO PAY A $950.00 FINE PAYABLE BY WEDNESDAY, DECEMBER 14, 2011, for the following reasons:
1. On or about September 24, 2011: 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 September 24, 2011: 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).
COUNCILOR HODGE VOTES NO.
THE FOLLOWING LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
CLASS F (Beer & Wine)
Petition of RI Film Collaborative to serve beer and wine at a Fundraiser at 175 Main Street, on Saturday, December 3, 2011, from 7:00 p.m. to 1:00 a.m. LIC#7730
Upon motion made by Councilor Hodge, seconded by Councilor Chadwick, the meeting is adjourned at 7:25 p.m.