Pawtucket Board of License Commissioners
February 5, 2014
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 5, 2014, at 6:55 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.
Present – Chairperson Moran, Councilors Barry, Hodge, Mercer, Rudd, Tetreault, Vitali and Wildenhain.
Absent – Councilor Barros.
Chairperson Moran presides.
The reading of the records of January 22, 2014 is dispensed with and the records are APPROVED as prepared by the Clerk.
Upon motion made by Councilor Hodge, seconded by Councilor Rudd, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
HOLIDAY New –
Pawtucket Dollar Store Plus Inc., d/b/a Pawtucket Dollar Plus, 753 Mineral Spring Avenue, LIC#9530
VICTUALLING HOUSE New –
Newport Division Donuts Inc., d/b/a Dunkin Donuts Coffee Shop, 1404 Newport Avenue, LIC#9531
COUNCILOR BARROS ARRIVES AT 6:58 P.M.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
With majority consent of the Council, Councilor Hodge introduces the following communications:
Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victuler) Liquor License of JAR Beverage Inc., d/b/a Murray’s Pub, to 10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, 1091 Main Street, in the amount of $1,018.94.
Communication from McLaughlin & Moran, Inc., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victuler) Liquor License of JAR Beverage Inc., d/b/a Murray’s Pub, to 10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, 1091 Main Street, in the amount of $2,285.17.
Upon motion made by Councilor Hodge, seconded by Councilor Barry, the following communications are READ AND ORDERED FILED.
Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victuler) Liquor License of JAR Beverage Inc., d/b/a Murray’s Pub, to 10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, 1091 Main Street, in the amount of $1,018.94.
Communication from McLaughlin & Moran, Inc., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victuler) Liquor License of JAR Beverage Inc., d/b/a Murray’s Pub, to 10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, 1091 Main Street, in the amount of $2,285.17.
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
PUBLIC HEARING:
CLASS BV (Victualer) transfer -
10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, (transfer from JAR Beverage Inc., d/b/a Murray’s Pub) 1091 Main Street, LIC#9516
Speaking in favor is George Hovarth, attorney for the applicants, 75 Park Place, Pawtucket, RI.
Also present are applicants Carmen Vieira and Carlos Monteiro, 281 Reservoir Avenue, Lincoln, RI.
Mr. Hovarth states that the menu will be Cape Verdean and American food.
The hours will be 7:00 a.m. to 1:00 a.m.
He states that it will create several jobs.
Ms. Vieira states that she worked for a Fortune 500 company for 10 years. She has managed as many as 500 people.
Ms. Vieira states that eventually she will have jazz entertainment.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR BARROS.
Upon motion made by Councilor Barros, seconded by Councilors Hodge, Mercer and Barry, the following license is APPROVED PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS, on a unanimous voice vote:
CLASS BV (Victualer) transfer -
10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, (transfer from JAR Beverage Inc., d/b/a Murray’s Pub) 1091 Main Street, LIC#9516
THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:
VICTUALLING HOUSE transfer –
10 Rocks Lounge & Tapas LLC d/b/a 10 Rocks Lounge & Tapas, (transfer from JAR Beverage Inc., d/b/a Murray’s Pub) 1091 Main Street, LIC#9521
THE FOLLOWING FORMAL HEARING WAS POSTPONED AT THE MEETING HELD JANUARY 22, 2014, AND IS AGAIN TAKEN UP:
CLASS A
Manmar Inc., d/b/a East Street Liquors, 183 East Street, LIC#4304
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Also present is license holder Manuel B. Barreira, 150 Hillside Avenue, Pawtucket, RI.
Mr. Barreira 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. Barreira states that he understands his responsibilities.
There are no other speakers.
The Formal Hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR HODGE.
Upon motion made by Councilor Hodge, on behalf of Council President Moran, seconded by Councilor Wildenhain, the City Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE HOLDER TO PAY A $250.00 FINE, PAYABLE BY FEBRUARY 7, 2014, for the following reasons:
1. On or about November 29, 2013: 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 November 29, 2013: 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).
Communication from Major Bruce Moreau, Police Department to Richard J. Goldstein, MMC, City Clerk. (Fonseca Auto Sales found to be open) is READ AND ORDERED FILED.
A FORMAL HEARING REGARDING THE FOLLOWING LICENSE 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
Present is John C. Manni, 1405 Plainfield Street Johnson, RI, attorney for the applicant.
Also present is Elmo Jimenez, 66 East Bacon Street, Attleboro, MA, applicant.
Mr. Jimenez is sworn-in by the City Clerk.
Mr. Manni states that he represented Mr. Fonseca in the past.
Mr. Manni states that due to financial issues, Mr. Jimenez couldn’t pay the fine that was levied by the Board in September 2013.
He states that Mr. Jimenez missed the hearing two weeks ago because his niece passed away.
Mr. Manni assumed that payment of the fine was made, so he did not appear on Mr. Jimenez’s behalf.
Mr. Manni asks that the suspension be removed.
There are no other speakers.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR RUDD.
Upon motion made by Councilor Rudd, seconded by Councilors Hodge and Barros, the suspension on the following license is removed on a unanimous voice vote:
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
Communication from Major Bruce Moreau, Police Department, to Pawtucket Board of License Commissioners. (Business open without a license - Alves Productions Inc., d/b/a Tropical Liquors, 280 East Avenue) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR BARRY.
Upon motion made by Councilor Barry, seconded by Councilor Barros, AN INFORMAL HEARING IS TO BE SCHEDULED ON THE FOLLOWING CLASS A LIQUOR LICENSE ONCE IT IS ISSUED:
CLASS A
Alves Productions Inc., d/b/a Tropical Liquors, 280 East Avenue)
Upon motion made by Councilor Hodge, seconded by Councilor Tetreault, the meeting is adjourned at 7:15 p.m.