Pawtucket Board of License Commissioners
September 11, 2013
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 11, 2013, at 6:50 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 August 21, 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:
BINGO Renewal –
Darlington Braves Inc., d/b/a Darlington Braves, 92 East Ave., (Sundays 4:00 – 10:00 p.m.) LIC#3078
PIGEON Renewals –
James Luiz, 163 Division St. LIC#3100
Filomina Sousa, 9 Winter St. LIC#3104
Petros Zervas, 27 Harrison St. LIC#3105
WASTE HAULER Renewal –
Coastal Recycling Inc., d/b/a Coastal Recycling, 761 Great Road, North Smithfield, RI, (1) LIC#3342
*THE FOLLOWING BOND IS APPROVED, SURETY NAMED IS ACCEPTED:
PAWN BROKER –
Carbone, Robert M., d/b/a Pawtucket Pawn Brokers, Surety – Western Surety Company
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS BV (Victualer) transfer -
Lima’s Lounge LLC d/b/a Lima’s Lounge, (transfer from Rosa’s Sunshine Lounge Ltd., d/b/a S Curve Pub) 110 School Street, LIC#9250
Present are Michael F. Horan, Esq., 393 Armistice Boulevard, Pawtucket, RI, representing the applicant and Jorge Lima, 77 Case Avenue, Seekonk, MA, applicant.
Mr. Lima states that he has worked in a restaurant in Boston.
The only difference in the way he would run this establishment from the way the current owner runs it is that he is looking to attract a more mature clientele. He will be playing 80’s music. He will have live entertainment in the future but will be having a DJ for now.
His hours will be 12:00 p.m. until 1:00 a.m. He and his relatives will work there.
Mr. Lima believes there are 32 parking spaces available.
There are no other speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Barros, the Board of License Commissioners APPROVES the following license, on a unanimous voice vote:
CLASS BV (Victualer) transfer -
Lima’s Lounge LLC d/b/a Lima’s Lounge, (transfer from Rosa’s Sunshine Lounge Ltd., d/b/a S Curve Pub) 110 School Street, LIC#9250
The following petition for license is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE transfer –
Lima’s Lounge LLC d/b/a Lima’s Lounge, (transfer from Rosa’s Sunshine Lounge Ltd., d/b/a S Curve Pub) 110 School Street, LIC#9251
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS B (LIMITED) New –
Sarah Bonnie Oteng-Seifah d/b/a Tropical Olive Restaurant, 552 Weeden St. LIC#9256
Speaking in favor is Sarah Bonnie Oteng-Seifah, 85 Forest Avenue, Pawtucket, RI.
Ms. Oteng-Seifah states that she has been in business in North Providence for the last two years and she is moving her business to Pawtucket.
She is only seeking a beer and wine license.
Her hours of operation will be 6:00 a.m. until 1:00 a.m.; however, she will not be open the entire time. She will have up to 3 employees and she will have an African/American menu.
There are no other speakers. The Public Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE
Upon motion made by Councilor Hodge, seconded by Councilor Rudd, the Board of License Commissioners APPROVES the following license, on a unanimous voice vote:
CLASS B (LIMITED) New –
Sarah Bonnie Oteng-Seifah d/b/a Tropical Olive Restaurant, 552 Weeden St. LIC#9256
The following petition for license is APPROVED on a unanimous voice vote:
VICTUALLING HOUSE New –
Sarah Bonnie Oteng-Seifah d/b/a Tropical Olive Restaurant, 552 Weeden St. LIC#9258
A FORMAL HEARING ON THE FOLLOWING LICENSES IS TAKEN UP:
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
1. The hours of operation shall be as follows:
a. 9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday
b. 9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday
c. 10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair
2. Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.
3. No parking on Dexter Street.
4. Towing allowed during business hours only 9:00 a.m.-5:00 p.m. M-F. No Saturdays.
5. Rear of building shall be clear of all vehicles at all times.
6. No parking on Dexter Court.
7. No painting or auto body work allowed.
8. Outside premises to be kept clean and free of parts and debris.
9. No more than twelve (12) vehicles shall be allowed to park in front of property.
10. The owner of business shall monitor customer parking.
11. No road testing on Dexter Court.
12. No repair allowed outside.
13. No motorcycle repairs allowed at any time.
14. Keep rear doors closed at all times.
15. Must have dumpster. 11/22/2011
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Also present on behalf of the City of Pawtucket is Melissa Leca, Environmental and Housing Inspector, Department of Zoning and Code Enforcement, who is sworn in by the City Clerk.
Representing the license holder is John Manni, Esq., 1405 Plainfield Street, Johnston, RI.
Also present is Elmo Jimenez, the son of the license holder, 66 East Bacon Street, South Attleboro, MA, who is sworn in by the City Clerk.
On April 19, 2013, Ms. Leca visited 263 Dexter Street in response to a complaint from a neighbor regarding violations. This is not the first time she has been at this location. She had a copy of the license with her, which is made part of the record.
Ms. Leca found one vehicle in the rear of the building, which is a violation of stipulation #5. She found litter and debris and a cardboard case of beer, which is in violation of stipulation #8. Ms. Leca counted at least 20 cars in the front of the building and stipulation #9 states that the number of cars is limited to twelve.
Ms. Leca wrote up violations regarding the property maintenance code. She states that these violations have been corrected.
Ms. Leca states that on August 27, 2013, all violations of the stipulations had been corrected.
Mr. Manni asks Ms. Leca if there was anyone present on April 19, 2013.
Ms. Leca states that no one was there.
Mr. Manni asks if the vehicle in the back could have been parked there by someone else.
Ms. Leca states that it could have been.
Mr. Manni asks if the debris could have been blown there.
Ms. Leca states that they are responsible to keep the property clean.
Mr. Manni asks if Ms. Leca counted the number of vehicles in the front.
Ms. Leca states yes.
Ms. Leca states that notices of violations were sent to the property owner.
Mr. Milos states that the business has been brought before the Council on three occasions. There has been two formal hearings in 2005 and 2006 and an informal hearing in 2011. In 2005 they received a $500 fine and in 2006 they received a $1,000 fine and a 3-day suspension.
Mr. Jimenez states that he doesn’t own the property. He has found needles in the back of this property.
Mr. Manni asks about the vehicle that was in the back. He asks if anyone from the business owns a pick-up truck.
Mr. Jimenez states no. He states that people park back there all the time. He states that he picks up debris every two weeks.
Mr. Jimenez admits to having more than twelve vehicles in the front of the property. He states that he made the repairs to the building even though it was not his responsibility.
There are no other speakers. The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR RUDD.
Upon motion made by Councilor Rudd, seconded by Councilors Barry and Vitali, the Board imposes a $500 fine on the following license to be paid within 90 days for violations to the specific grant of the license, on a unanimous voice vote:
5. Rear of building shall be clear of all vehicles at all times.
8. Outside premises to be kept clean and free of parts and debris.
9. No more than 12 vehicles shall be allowed to park in front of property.
AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSES (CLASS A & B) (Selling used automobiles and parts)
* Jimenez, Mario d/b/a Fonseca A/S, 263 Dexter St. LIC#2415 #2416
1. The hours of operation shall be as follows:
a. 9:00 a.m.-5:00 p.m. for auto repair – Monday-Friday
b. 9:00 a.m.-7:00 p.m. for auto sales-Monday-Friday
c. 10:00 a.m.-3:00 p.m. for auto sales-Saturdays – No auto repair
2. Owner shall provide, in writing, off-street parking arrangement with neighbor. Agreement shall be presented to the City Clerk within 30 days.
3. No parking on Dexter Street.
4. Towing allowed during business hours only 9:00 a.m.-5:00 p.m. M-F. No Saturdays.
5. Rear of building shall be clear of all vehicles at all times.
6. No parking on Dexter Court.
7. No painting or auto body work allowed.
8. Outside premises to be kept clean and free of parts and debris.
9. No more than twelve (12) vehicles shall be allowed to park in front of property.
10. The owner of business shall monitor customer parking.
11. No road testing on Dexter Court.
12. No repair allowed outside.
13. No motorcycle repairs allowed at any time.
14. Keep rear doors closed at all times.
15. Must have dumpster. 11/22/2011
The following petitions for license are APPROVED, on a unanimous voice vote:
A. Class F (Beer & Wine)
Petition of Saint Raphael Academy to sell beer and wine at a Jazz and Pop Night fundraiser at 194 Walcott Street on Saturday, November 23, 2013 from 7:00 p.m. until 11:00 p.m., LIC#9302
B. ENTERTAINMENT -
Petition of Saint Raphael Academy to conduct a Jazz and Pop Night Fundraiser at 194 Walcott Street, on Saturday, November 23, 2013 from 7:00 p.m. until 11:00 p.m., LIC#9303
Communication from Rich Lupo, The Met, 1005 Main Street, to the Board of License Commissioners, requesting permission to have entertainment and alcoholic beverages in the Courtyard of Hope Artiste Village on Saturday, September 14, 2013 beginning at 4:00 p.m. until 11:00 p.m. is READ AND ORDERED FILED.
STIPULATIONS PRESENTED:
1. Hire a Pawtucket Police Officer for detail.
2. Have Security Staff.
3. Confined to Courtyard area.
4. Alcohol to be served in plastic cups.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, seconded by Councilor Barros, the following request is APPROVED with the following stipulations, on a unanimous voice vote:
Communication from Rich Lupo, The Met, 1005 Main Street, to the Board of License Commissioners, requesting permission to have entertainment and alcoholic beverages in the Courtyard of Hope Artiste Village on Saturday, September 14, 2013 beginning at 4:00 p.m. until 11:00 p.m.
STIPULATIONS:
1. Hire 2 Pawtucket Police Officer for detail.
2. Have Security Staff.
3. Confined to Courtyard area.
4. Alcohol to be served in plastic cups.
5. Area to be cleaned up after event.
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the meeting is adjourned at 7:29 p.m.