Pawtucket Board of License Commissioners
December 11, 2013
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 11, 2013, at 7:00 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Moran, Councilors Barros, Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – 0.
Chairperson Moran presides.
The reading of the records of November 20, 2013 is dispensed with and the records are APPROVED as prepared by the Clerk.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
ENTERTAINMENT –
A. Petition of Varsobia Gallego, for a license to conduct a “Holiday Tradition Around the World” at 175 Main Street, on Sunday December 15, 2013 from 3:00 p.m. to 6:00 p.m. LIC#9455
HOLIDAY LICENSE New –
Walker, Luna d/b/a Lu’s Mini Mart, 198 Mineral Spring Avenue, LIC#9437
PEDDLER LICENSES Renewal –
Couto, Celestino V d/b/a Celestino Fish Truck, 274 California Avenue, Providence, RI, LIC#4874
TO PEDDLE: Seafood
DRIVER: Celestino V. Couto, 274 California Avenue, Providence, RI
LOCATION: All Streets in Pawtucket
PINBALL & AMUSEMENT DEVICES New –
Neighborhood Gas Corporation d/b/a U Save Gas II, 72 Exchange Street, (1) LIC#9460
VICTUALING HOUSE First Class New –
Bad Kat Kupkakes LP d/b/a Bad Kat Kupkakes N’Kafe, 29 Exchange Street, LIC#9447
**Jarosz, Renata & Raquel d/b/a Taste of Europe RI, 518 Armistice Boulevard, LIC#9454
**Councilor Vitali abstains based on his statement that his family has ownership of this property.
Pizza Hut of America Inc., d/b/a Pizza Hut #317042, 1242 Newport Avenue, LIC#9446
VICTUALING HOUSE First Class Renewals -
Aceituno, Paola F. d/b/a Better Life, 652 Broadway, LIC#8303
Another Pizza Company Inc., d/b/a Domino's Pizza, 210 Dexter St. LIC#3904
Armando & Son’s Meat Market Inc., d/b/a Armando & Son’s Meat Market, 265 Pine St. LIC#3986
Ayala Enterprises, LLC d/b/a Bill’s Pizza, 605 Smithfield Ave. LIC#4783
Bayal Restaurant Inc., d/b/a Bayal Buffet, 50 Ann Mary Street, LIC#8161
Bedoya, Bernardo J. d/b/a Tolos Seafood & Chicken Express, 205 Division St. LIC#4102
BJG Meat LLC d/b/a Encuentro Del and Grocery, 710 Broadway, LIC#5981
Blackstone Market, Inc., d/b/a Blackstone Market, 385 East Ave. LIC#8818
Bogdanski, David M. d/b/a My Daddy’s Pizza and Grille, 596 Pawtucket Ave. LIC#8253
Corner Store Inc., d/b/a Corner Store, 136 Spring St. LIC#5389
Costa, Francisco d/b/a Costa Wellness Club, 949 Main St. LIC#7899
Daher, Yacoub, d/b/a Julia’s Café, 573 Armistice Blvd. LIC#8659
Dernikos, Connie d/b/a Connie’s Restaurant, 526 Pawtucket Ave. LIC#3434
Eid, Ghasan M d/b/a Town Food Mart, 885 Newport Ave. LIC#6799
JIJ Food Services Inc., d/b/a Helaney’s Food & More, 479 Smithfield Ave. LIC#8468
KMN LLC d/b/a Papa John’s, 295 Armistice Blvd., LIC#4745
Luzitania Bakery Inc., d/b/a Luzitania Bakery, 312 Barton St. LIC#5466
Mary Co., d/b/a Newport Avenue Pizzeira, 1100 Newport Ave. LIC#7540
Neighborhood Gas Corporation d/b/a U Save Gas II, 72 Exchange St. LIC#8591
Pliszka, Andrzej d/b/a Exchange Street Café, 49 Exchange St. LIC#4003
Plouffe’s Enterprises Inc., d/b/a Plouffe’s Cup & Saucer, 267 Main St. LIC#5409
Restaurante Y Reposteria La Colmena LLC d/b/a Restaurante Y Colmena, 208 Dexter St. LIC#8698
R.M. Sukaskas Inc., d/b/a Pawtucket Del’s, 446 Central Ave. LIC#3885
Sodexo Operations LLC d/b/a Sodexo Operations, 1027 Newport Ave. LIC#3962
Stavros Inc., d/b/a Pizza Reina, 842 Newport Ave. LIC#7584
THE CHAIR RECOGNIZES COUNCILOR RUDD.
With majority consent of the Council, upon motion made by Councilor Rudd, seconded by Councilor Hodge, the following licenses are POSTPONED until January 8, 2014, on a unanimous voice vote:
PEDDLER LICENSES Renewals –
Anaya, Carmen d/b/a Tacos La Mexicana, 724 Mineral Spring Ave., Pawtucket, RI LIC#7026
DRIVER: Anaya, Carmen
TO PEDDLE: Food
LOCATION: 596 Smithfield Ave
DRIVER: Lopes-Anaya, Javier, 724 Mineral Spring Ave., Pawtucket, RI, LIC#7027
TO PEDDLE: Food
LOCATION: 596 Smithfield Ave
Fuentes, Ignacio F d/b/a Tacos Don Nacho, 223 Barton Street, Pawtucket, RI, LIC#4955
TO PEDDLE: Food
DRIVER: Fuentes, Ignacio F, 223 Barton Street, Pawtucket, RI
LOCATION: 234 Barton Street and 21 Terrace Avenue
COUNCILOR BARRY LEAVES THE CHAMBERS AT 7:41 P.M.
THE PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS BV (Victualer) transfer -
La Esquina Inc., d/b/a La Esquina, (transfer from Ilha Verde Club Inc., d/b/a Mingo’s Bar & Grill, no current location) 447 Mineral Spring Avenue, LIC#9330
Speaking in favor is Marta Dourado, applicant, 192 Oakland Avenue, Providence, RI.
Ms. Dourado states that she spent $20,000 since the license was first approved in October.
In response to concerns about noise, Ms. Dourado states that the back door will be closed and she will put in sound proofing.
The establishment will be a lounge with dancing and karaoke, but no live bands. They will be serving sandwiches in the beginning. The hours will be 6:00 p.m. to 1:00 a.m.
Speaking in opposition is Roger Ross, Attorney, 150 Main Street, Pawtucket, RI, representing Paul and Rachel Araujo, who own the property next door.
Attorney Ross states that the renewal last year was illegal because there was no location. He states that according to the RIGL Section 3-5-9, a specific premises is needed for a license to be granted. He states that Mingo’s was out of business for over a year, so the license had expired; therefore, there is no license to transfer.
Mr. Milos does not believe there is a statute regarding the location for renewals; although he does agree that a premises is needed for a new licensee. He believes that the Department of Business Regulation has allowed licensees to maintain their licenses for a period of time without a premises in order to transfer.
Speaking in opposition is Rachel Araujo, 8 Lorraine Street, Apt 2, Pawtucket, RI.
Ms. Araujo states that she purchased her house in 2006. She admits that the bar was there when she bought the house.
She states that she had problems with bar when it was open. She witnessed fights, stabbings, and bottles thrown at her house.
The noise from the bar shook the house; the bedroom windows are facing the parking lot and are only inches away from the lot.
She states that people who leave a bar make noise and fight.
She states that she can’t maintain tenants with the bar next door. The bar property is not equipped for the music. Her tenants don’t feel safe.
The bar is across from St. Germain Manor, a senior living facility.
She states that the bar patrons block her driveway. There are several police reports on file. She shows photos of the bar, which were taken on Sunday or Monday. (Not on file)
Speaking in opposition is James Ruthowski, Director of Protective Services at the Public Housing Authority, 214 Roosevelt Avenue, Pawtucket, RI.
Mr. Ruthowski is concerned about the fights inside and outside the bar, about trash and urinating in the back lot. There was noise at closing time. The Public Housing Authority is not in favor of the bar.
If the license is approved, he is asking for the owners to be respectful of the residents. He is concerned about the back door being open. He would like quick action by the police and the Board to any complaints.
Mr. Ruthowski states that St. Germain Manor has been there since 1970’s and he is concerned that the bar is too close to the complex.
Speaking in opposition is Diane Adamek, 100 Abbott Street, Apt D211, Pawtucket, RI.
Ms. Adamek lives diagonally across the street from the bar. Her porch has a view of the parking lot and it has been a nightmare. She doesn’t believe that the bar should be so near to an elderly housing complex.
She states that the new owner may be diligent, but can’t control people who have been drinking alcohol. She doesn’t believe that the bar should be in the neighborhood.
She presents a petition against the bar with 28 residents from St. Germain Manor, which is filed with the City Clerk.
Speaking in favor is Domingos Baptista, 447 Mineral Spring Avenue, Pawtucket, RI.
Mr. Baptista is the previous owner of Ilha Verde Club, which had been in business for 30 years. He states that he closed the back door when he got complaints.
Speaking in opposition is Valdemar Araujo, 27 Lorraine Street, Pawtucket, RI.
Mr. Araujo states that there were a lot of problems when the bar was open. The patrons parked on Lorrain Street and they made lots of noise and fights. His wife cannot get rest. He doesn’t want the bar to be open.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilors Vitali and Hodge, the following petition for license is POSTPONED until January 8, 2014, on a unanimous voice vote:
CLASS BV (Victualer) transfer -
La Esquina Inc., d/b/a La Esquina, (transfer from Ilha Verde Club Inc., d/b/a Mingo’s Bar & Grill, no current location) 447 Mineral Spring Avenue, LIC#9330
THE FOLLOWING PETITION FOR LICENSE IS POSTPONED UNTIL JANUARY 8, 2014, ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE transfer –
La Esquina Inc., d/b/a La Esquina, (transfer from Ilha Verde Club Inc., d/b/a Mingo’s Bar & Grill, no current location) 447 Mineral Spring Avenue, LIC#9331
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
With majority consent of the Council, the following motion made by Councilor Wildenhain, seconded by Councilor Hodge, is PASSED on a unanimous voice vote:
The clerk is instructed to send a communication to Frank Milos, City Solicitor, regarding the liquor transfer of La Esquina Inc., d/b/a La Esquina, (transfer from Ilha Verde Club Inc., d/b/a Mingo’s Bar & Grill, no current location) 447 Mineral Spring Avenue.
During his testimony in opposition to the transfer, Attorney Ross questioned the validity of the transfer, by questioning the validity of the renewal of the Ilha Verde Club Inc., d/b/a Mingo’s Bar & Grill, in 2012, because they had no location at the time of the renewal. Attorney Ross contends that RIGL Section 3-5-9 requires a premises in order for there to be a renewal. He contends that the renewal was not valid; therefore, the license was null and void; therefore, it could not be transferred. The Board is requesting a legal opinion on Attorney Ross’ contentions.
Also, the Council questioned whether the establishment meets all ADA (Americans with Disabilities Act) requirements. The Board would like Mr. Milos’ opinion on this question.
COUNCILOR BARRY RETURNS AT 8:01 P.M.
THE PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS CONTINUED AT THE MEETING HELD NOVEMBER 20, 2013, IS AGAIN TAKEN UP:
CLASS BV (Victualer) New –
Hope Springs Eternal, LLC d/b/a Strongwater, 999 Main Street, Suite #1113, LIC#9406 ®
Speaking in favor is Michael Horan, Attorney for the applicant, 393 Armistice Blvd, Pawtucket, RI
Also present is Michael Gazdacko, Hope Artiste Village, 1005 Main Street, Pawtucket, RI, representing the applicant.
Mr. Gazdacko states that they would like to open a neighborhood restaurant. It is important for Hope Artists Village to have an establishment that serves food.
He states that eventually they would like to open the second and third floors as banquet and event space served by the restaurant.
He states that they are interviewing with restaurateurs and chefs. They are hoping to open in two to three months.
The 3rd floor is a bowling alley.
The restaurant needs Americans with Disabilities Act access to the 2nd and 3rd floors.
Mr. Gazdacko states that they will have valet parking for large events.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilors Barry and Vitali, the following license is APPROVED on a unanimous voice vote:
CLASS BV (Victualer) New –
Hope Springs Eternal, LLC d/b/a Strongwater, 999 Main Street, Suite #1113, LIC#9406 ®
THE FOLLOWING LICENSE WAS POSTPONED AT THE MEETING HELD NOVEMBER 20, 2013, AND IS AGAIN TAKEN UP AND IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE New –
Hope Springs Eternal, LLC d/b/a Strongwater, 999 Main Street, Suite #1113, LIC#9407
THE PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise)
Sherlock, Scott d/b/a Angel’s Basement, 515 Armistice Boulevard, LIC#9283
Speaking in favor is Scott Sherlock, the applicant, 35 Saratoga Avenue, Pawtucket, RI.
Mr. Sherlock states that his business is next door to Kips. He will have 2nd hand clothing, handbags, baby stuff, toys, sports memorabilia.
The hours will be Monday thru Friday 10:00 a.m. to 6:00 p.m., Saturday 10:00 a.m. to 4:00 p.m.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion made by Councilor Mercer, seconded by Councilors Barry and Barros, the following license is APPROVED on a unanimous voice vote:
SECOND HAND SHOP (Class C – Used Miscellaneous Merchandise)
Sherlock, Scott d/b/a Angel’s Basement, 515 Armistice Boulevard, LIC#9283
THE FOLLOWING LICENSE RENEWALS WERE POSTPONED AT THE MEETINGS HELD NOVEMBER 6 AND NOVEMBER 20, 2013, AND ARE AGAIN TAKEN UP AND ARE APPROVED ON A UNANIMOUS VOICE VOTE:
CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES
JAR Beverage Inc., d/b/a Murray's Pub, 1091 Main St. LIC#3471 #4043
THE FOLLOWING LICENSE RENEWALS WERE POSTPONED AT THE MEETINGS HELD NOVEMBER 6 AND NOVEMBER 20, 2013, AND ARE AGAIN TAKEN UP AND ARE APPROVED ON A UNANIMOUS VOICE VOTE:
® DENOTES RESTRICTED NON-TRANSFERABLE LICENSES
CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES
Met RI, LLC d/b/a The Met Café, 1005 Main St., Unit 1112, LIC#5713 #5712®
THE FOLLOWING PETITIONS ARE APPROVED ON A UNANIMOUS VOICE VOTE:
A. Class F (Beer & Wine)
Petition of Gray Matter Marketing, LLC, to serve beer and wine at a Craft beer festival at Pawtucket Armory, on Friday January 31, 2014 from 6:00 p.m. to 10:00 p.m., and Saturday February 1, 2014 from 1:00 p.m. to 8:00 p.m. LIC#9449
B. ENTERTAINMENT -
Petition of Gray Matter Marketing, LLC, for a license to conduct a Craft beer festival at Pawtucket Armory, on Friday January 31, 2014 from 6:00 p.m. to 10:00 p.m., and Saturday February 1, 2014 from 1:00 p.m. to 8:00 p.m. LIC#9448
Communication from Jarrod Ilkowitz, Manager, Garrity Pub & Restaurant Inc., d/b/a Corinne’s Banquets, to Pawtucket City Council. (Requesting name change from Corinne’s Banquets to Corinne’s Banquets and Boundary Brewhouse) is READ AND ORDERED FILED and the request to change the name is APPROVED on a unanimous voice vote.
Upon motion made by Councilor Hodge, seconded by Councilor Rudd, the meeting is adjourned at 8:18 p.m.