Pawtucket Board of License Commissioners

November 22, 2016

 

 

A regular session of the Pawtucket Board of License Commissioners is held Tuesday, November 22, 2016, at 7:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – 0

 

Chairperson Moran presides.

 

 

 

The reading of the records of November 9, 2016 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 Woodlawn Catholic Regional School, for a license to conduct Family Fun Fest and Bazaar, at St. Edward Church, 396 Weeden Street, on Saturday, December 3, 2016, from 9:00 a.m. to 6:00 p.m. and Sunday, December 4, 2016, from 9:00 a.m. to 1:00 p.m. LIC#12041

 

DOOR-TO-DOOR (Verizon Services) New –

 

Almitas Marketing Group, 121 Bacon Street, Pawtucket, RI, LIC#12029

PEDDLER: Green, Jaime, 129 Sun Valley Drive, Horseheads, NY LIC#10247

 

VICTUALLING HOUSE LICENSES First Class – Renewals

 

Andella’s Boulevard Meats (Andella’s Boulevard Meats LLC) 627 Armistice Blvd. LIC# 5438

Darlington Braves (Darlington Braves Inc.) 92 East Ave. (Snack Bar at Bingo Game) LIC#3428

Diva’s Sweet Treats Cupcakery (Lemieux, Rhonda) 508 Armistice Blvd., LIC#7991

D’S (Douglas, Darell Jamal) 447 Mineral Spring Ave. LIC#10209

Fit Fam Healthy Kitchen (Fit Fam Healthy Kitchen, LLC) 542 Pawtucket Ave. LIC#11749

Hidalgo Restaurant (Hidalgo Restaurant LLC) 300 Barton St. LIC#9548

Honey Dew Donuts (Maciel Donuts, LLC) 1515 Newport Ave. LIC#3969

Little Caesars (Pawtucket Little Caesars) 459 Lonsdale Ave. LIC#11304

My Daddy’s Pizza and Grille (Bogdanski, David M.) 596 Pawtucket Ave. LIC#8253

New Golden Li Lai (Yang, Hua Gui) 904 Main St. LIC#9347

Pawtucket Food Mart (Le, Van & Chu, Bao) 755 Mineral Spring Ave. LIC#4836
Pawtucket Lion Pizza (Lion Pizza Inc.) 197 Mineral Spring Ave. LIC#3726

Royal Fried Chicken (RB Fast Food Inc.) 270 Dexter St. LIC#6010

Subway (Scetta Corporation, Inc.) 745 Mineral Spring Ave. LIC#11500

Wild Flour Bakery Café (Happy Food Production LLC) 727 East Ave. LIC#5971

 

VICTUALLING HOUSE Second Class Renewal -

 

Packaging Graphics (Packaging Graphics LLC) 60 Delta Drive, LIC#6011

 

VICTUALLING HOUSE First Class New –

 

Tachi’s Kitchen (Tachi’s Kitchen LLC) 141 Broad Street, LIC#12046

 

 

 

THE FOLLOWING PETITION FOR LICENSE IS REMOVED FROM THE CONSENT AGENDA AND IS TAKEN UP:  

 

D'Angelo's (Delops Inc.) 214 Broadway, LIC#3701

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Barry, the following license is APPROVED on a roll call vote, as follows:

 

Ayes - Chairperson Moran, Councilors, Barry, Bray, Cano, Mercer, Rudd, Tetreault and Wildenhain.

 

Noes – 0.

 

Abstains – Councilor Hodge.

 

***D'Angelo's (Delops Inc.) 214 Broadway, LIC#3701

 

***Councilor Hodge abstains on the license renewal of D'Angelo's (Delops Inc.) based on his statement that he is a stockholder in property ownership.

 

 

A Public Hearing is held on the following application for license renewal advertised for the period beginning DECEMBER 2, 2016 AND ENDING DECEMBER 1, 2017, and no

person or persons appearing to object thereto, are GRANTED on a unanimous voice vote:

 

CLASS B VICTUALER

International Club & Billar (International Club & Billar, Inc.) 327 Barton St. LIC#7792® #7795 (entWW)

 

 

THE FOLLOWING PUBLIC HEARING FOR LICENSE RENEWALS WAS CONTINUED AT THE MEETING HELD NOVEMBER 9, 2016, AND IS AGAIN TAKEN UP:

 

CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES

 

Hope Village Kitchen, Events on Main, BreakTime Bowl & Bar (Hope Springs Eternal, LLC) 999 Main St. LIC#9406® #9407 (entWW)

 

Speaking in favor is Attorney Michael Horan, 393 Armistice Boulevard, Pawtucket, RI.

 

Mr. Horan states that when the liquor license was applied for in 2013, they asked for all three levels. There was no restaurant there at that time.

 

Mr. Horan states that Mr. Gazdacko explained that they were looking to put in the restaurant and also control the second floor and the bowling alley.

 

He states that Hope Springs Eternal is strictly Lance Robbins.

 

He states that when Blaze came in the license was not being leased, assigned or transferred; they formed a joint partnership to run restaurant under Hope Spring Eternal’s license.  The agreement was never put in writing.

 

Hope Springs Eternal is now operating all three levels.

 

He states that the arrangement may be interpreted as a violation of DBR rules; however, they are not conceding to any violations.

 

He states that Hope Springs Eternal would accept a stipulation that any change in status of the operation of the business would come before the Board of License Commissioners.

 

Hope Springs Eternal takes sole responsibility for any problems that happen on any of the three floors, including the restaurant.

 

 

Speaking in opposition was Deana Martin, 1421 Canton Avenue, Milton, MA.

 

Ms. Martin opened the Bread Lab in May 2014.

 

She states that she sublet the liquor license and entered into an agreement to split profits.

 

She states that in 2015, she fell behind on her rent. She paid three weeks late. She was evicted by Lance Robbins.

 

She had insurance policies as co-owners with Hope Springs Eternal.  She had two claims from water damage.  She states that Lance Robbins leveraged ownership to withhold insurance proceeds, which ruined her financially.  She just filed chapter 11.

 

She states that the total damage to four women who owned businesses there was over $500,000.00.

 

 

Speaking in opposition is Phyllis Arffa, 63 North Hull Street, East Providence, RI.

 

Ms. Arffa was in the same situation as Deana.

 

The liquor license was under Hope Springs Eternal. The Partnership agreement was never signed.

 

She states that Lance Robbins tried to steal the restaurant’s name. He threatened to bankrupt her.

 

Ms. Arffa asked Mr. Robbins to take less money out of the business and he refused.

 

She paid taxes to Hope Springs Eternal who paid state taxes.

 

 

Speaking in opposition is Rosinha Benros, 177 Mauran Avenue, East Providence, RI.

 

Mrs. Benros states that there was nothing at the Hope Artist Village when she went there. She brought life there.

 

She invested all her money in her business.

 

The business started successfully, but got caught up with a bad manager and a bad landlord.

 

She states that Lupo’s brought in noise and caused her clientele to leave.

 

Tour busses from Lupo’s blocked her business.

 

Only Mr. Ron Travers helped her.  She tried to meet with the Mayor’s Office, but never got to meet.

 

She states that they used her business and other ladies to build their business.

 

 

Speaking in opposition is Virginia Forbes, 399 Wayland Avenue, Providence, RI.

 

Ms. Forbes had a small café & bakery in Hope Artist Village.

 

She was amazingly successful. Six months later she had problems with her partner who was the chef.

 

Everything was in her name.  She paid the rent with the intention to get a new chef, but her partner put her business into receivership in 2015.

 

Mr. Robbins would not renew the lease. In 2016, Mr. Robbins ended up buying the business for $7, 500.00 and put her out of business.

 

She states that Mr. Robbins ruined four business.

 

Councilor Mercer asks Mr. Horan if any former tenants are still in court.  Mr. Horan states that he doesn’t handle the court cases.  Mr. Gazdacko states not currently.

 

Also speaking is Frank Milos, Esq., Attorney for the city.

 

Councilor Bray asks for guidance on how the council should proceed with this license.

 

Mr. Milos states that you can’t lease the license to a 3^rd party – he quotes the rule.

 

He states that if the Board is considering denying the license, the Board should give Hope Springs Eternal a full hearing.

 

He states that the issues addressed by the former speakers are not be before the city council tonight.

 

It would be a violation if a 3^rd party was running the restaurant.

 

There are no other speakers.

 

The Hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR BRAY.

                                        

Upon motion made by Councilor Bray, seconded by Councilor Wildenhain, the following licenses are APPROVED with the following stipulation on a roll call vote as follows:

 

Ayes – President Moran, Councilors Bray, Hodge, Mercer and Wildenhain

 

Noes – Councilor Barry, Cano, Rudd and Tetreault.

 

CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES

 

**Hope Village Kitchen, Events on Main, BreakTime Bowl & Bar (Hope Springs Eternal, LLC) 999 Main St. LIC#9406® #9407 (entWW)

 

STIPULATION:

1.   No one shall run the restaurant who is not employed by Hope Springs Eternal, and Hope Springs Eternal shall be solely responsible for the day-to-day operation and management of all three levels of the building that comprise the business, and there shall be no change to the current operation and management of the business without the express approval of the Pawtucket Board of License Commissioners after a hearing before the Board of License Commissioners.

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Hodge, the agenda is amended to include the following communication:

 

Communication from Attorney Richard A. Pacia, to Frank J. Milos, Esq., Office of the City Solicitor. (Notice of Appeal – Rafael Enterprises, LLC d/b/a CV Lounge)

 

 

Upon motion made by Councilor Rudd, seconded by Councilor Hodge, the following communication is READ AND ORDERED FILED on a unanimous voice vote:

 

Communication from Attorney Richard A. Pacia, to Frank J. Milos, Esq., Office of the City Solicitor. (Notice of Appeal – Rafael Enterprises, LLC d/b/a CV Lounge)

 

 

 

Communication from Jorge Lima, Lima’s Lounge, 110 School Street, to the Pawtucket Board of License Commissioners. (Response – Lima’s Lounge.) is READ AND ORDERED FILED.

 

 

 

THE FOLLOWING PUBLIC HEARING FOR LICENSE RENEWALS WAS CONTINUED AT THE MEETING HELD NOVEMBER 9, 2016, AND IS AGAIN TAKEN UP AND IS AGAIN POSTPONED UNTIL DECEMBER 7, 2016:

 

CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES

 

CLASS B (VICTUALER)

 

Lima’s Lounge (Lima’s Lounge LLC) 110 School St. LIC#9250 #9251 (entWW)

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

Class F -1 (Full Privilege)

 

Petition of The House of Mood to sell alcoholic beverages at the Holiday Show at 21 Broad Street, on Saturday, December 17, 2016, from 4:30 p.m. to 6:30 p.m. and 8:30 p.m. to 11:30 p.m.  LIC#12051

 

 

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

 

A.  Class F (Beer & Wine) -

 

Petition of Old Slater Mill Association for a license to sell beer and wine at a Concert, at 67 Roosevelt Avenue, on Sunday, December 4, 2016, from 6:00 p.m. to 10:00 p.m. LIC#12036

 

B.  ENTERTAINMENT –

 

Petition of Old Slater Mill Association for license to conduct a Concert, at 67 Roosevelt Avenue, on Sunday, December 4, 2016, from 6:00 p.m. to 10:00 p.m. LIC#12037

 

 

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

 

A.  Class F (Beer & Wine) -

 

Petition of Old Slater Mill Association for a license to sell beer and wine at a Conference, at 67 Roosevelt Avenue, on January 21, 22, 2017, from 10:00 a.m. to 5:00 p.m. LIC#12028

 

B.  ENTERTAINMENT –

 

Petition of Old Slater Mill Association for license to conduct Knitting Weekend, at 67 Roosevelt Avenue, on January 20, 2017, from 5:00 p.m. to 10:00 p.m., and January 21, 22, 2017, from 8:30 a.m. to 5:00 p.m. LIC#12035

 

 

 

Upon motion made by Councilor Hodge, seconded by Councilor Barry, the meeting is adjourned at 8:24 p.m.