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Pawtucket Board of License Commissioners

February 25, 2015

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 25, 2015, at 7:07 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – Councilors Barry, Bray, Cano, Hodge, Mercer, Rudd and Wildenhain.

Absent – Chairperson Moran and Councilor Tetreault.

Vice Chairperson Hodge presides.

The reading of the records of February 11, 2015 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 –

Petition of RI Film Collaborative for license to conduct an actor spotlight at Blackstone Valley Visitor Center, 175 Main Street, on Sunday, June 14, 2015, from 11:00 a.m. to 4:00 p.m. LIC#10529

PEDDLERS Renewal –

Palagi’s 2000, Inc. d/b/a Palagi’s Ice Cream, 55 Bacon St., LIC#4918

DRIVER: Arteaga, Alejandro, 237 Suffolk Ave., Pawtucket, RI

PEDDLE: Ice Cream

LOCATION: All of Pawtucket

Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of the Class A liquor license of Lonsdale Liquors (Ramnarine Inc.) to Lonsdale Liquors (Jorica Liquors LLC), 465 Lonsdale Avenue, in the total amount of $10,378.49. is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR BARRY.

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the agenda is amended to include the following communications on a unanimous voice vote:

Communication from McLaughlin & Moran, Inc. to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Lonsdale Liquors (Ramnarine Inc.) to Lonsdale Liquors (Jorica Liquors), in the total amount of $4,826.66,

Communication from Sinapi Law Associates, Ltd., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Lonsdale Liquors (Ramnarine Inc.) to Lonsdale Liquors (Jorica Liquors), in the total amount of $5,893.74.

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the following communications are READ AND ORDERED FILED:

THE PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:

CLASS A

Lonsdale Liquors (Jorica Liquors LLC) transfer from Lonsdale Liquors (Ramnarine Inc.) 465 Lonsdale Avenue, LIC#10509

Speaking in favor is Joseph Kishfy, applicant, 15 Paddock Drive, Lincoln, RI.

Mr. Kishfy currently owns the Price-Rite plaza on Lonsdale Avenue. He owned Lonsdale Liquors for two years. He sold the license because of conflicts with his other business.

He states that the present owner has financial problems.

Mr. Kishfy decided to take over the business. He is aware of the indebtedness of the current owner.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilor Wildenhain, the following license is APPROVED PENDING THE SETTLEMENT OF ALL OUTSTANDING CLAIMS, on a unanimous voice vote:

CLASS A

Lonsdale Liquors (Jorica Liquors LLC) transfer from Lonsdale Liquors (Ramnarine Inc.) 465 Lonsdale Avenue, LIC#10509

A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

CLASS A

City Line Pizza & Restaurant (Dernikos, Elias) 592 Pawtucket Avenue, LIC#4024

Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.

Mr. Milos states that Mr. Dernikos wishes to make a plea of No Lo Contendre, for the following reasons: the failure to control patrons, consumption of alcohol outside and for allowing occupancy over the maximum allowed.

Also present is Elias Dernikos, 594 Pawtucket Avenue, Pawtucket, RI. and his attorney George Sukatos, 1 Financial Plaza, Providence, RI.

Mr. Dernikos is sworn-in by the City Clerk.

Mr. Sukatos states that his client understands the severity of the incident. He states that this was the first time there was a problem in ten years.

Mr. Dernikos states that in the future he will call the police if there are any problems.

There are no further speakers.

The Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR BRAY.

Upon motion made by Councilor Bray, seconded by Councilors Cano and Wildenhain, the Council ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE HOLDER TO PAY A $250.00 FINE, PAYABLE BY MARCH 6, 2015, for the following reasons:

1. 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, specifically, on or about December 24, 2014 (See attached Police Report).

2. Violation of RIGL §3-7-7 a(2) which allows for sale of alcohol for consumption on the premises or place where sold only. (See attached Police Report)

3. In addition, violation of the Rhode Island Fire Code. RIGL 23-28.6-5, for allowing admissions in excess of the maximum occupancy of the licensed premises. (Police Report noted more than 150 patrons when the maximum capacity is approximately 80 patrons)

THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:

A. Class F (Beer & Wine)

Petition of Rhode Island PBS Foundation, to serve beer and wine at An Evening Uncorked Fundraiser at Pawtucket Armory, on Saturday April 11, 2015 from 6:00 p.m. to 10:00 p.m., LIC#10538

B. ENTERTAINMENT -

Petition of Rhode Island PBS Foundation, for a license to conduct An Evening Uncorked Fundraiser at Pawtucket Armory, on Saturday April 11, 2015 from 6:00 p.m. to 10:00 p.m., LIC#10539

Upon motion made by Councilor Barry, seconded by Councilor Rudd, the meeting is adjourned at 7:21 p.m.