Pawtucket Board of License Commissioners

August 28, 2017

 

 

A special session of the Pawtucket Board of License Commissioners is held Monday, August 28, 2017, at 5:10 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

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

 

Absent – Councilor Kallman.

 

Chairperson Moran presides.

 

 

The purpose of this meeting is for discussion and/or consideration of the following:

 

 

Communication from David P. Moran, President, Pawtucket City Council, to the Honorable Members of the Pawtucket City Council.  (Calling a special Session of Board of License Commissioners on Monday, August 28, 2017 at 5:00 p.m.) is READ AND ORDERED FILED.

 

 

A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

 

CLASS B (Victualer)

 

Farole’s Restaurant (Nati Inc.) 461 Main Street, LIC#9358

 

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

 

Representing the license holder is Marc B. Gertsacov, Esq., 144 Medway Street, Providence, RI.  The license holders are not present.

 

Also present is Captain Thomas Newman, who enforces liquors matters for the police.

 

Captain Newman is sworn in by City Clerk Richard Goldstein.

 

On April 30, 2017, the license holder called the police at 2:00 a.m.  He stated that he and his girlfriend were having a few drinks, got into an argument and she took his keys and phone.

 

On July 17, 2017, were about 50 vehicles in the lot and a party going on inside at 2:00 a.m., with about 50 people there. The doors were locked.

 

On August 25, 2017, at 3:00 a.m., police went to the premises because of an altercation. There were about 100 people in the facility.  The police got a call about shots fired and then a second call about a stabbing. People were fleeing the building.  The shooting and stabbing is an ongoing investigation.

 

The stabbing took place in Farole’s Restaurant.  Detective Ashworth spoke to victim, who was not cooperative.

 

Shots were heard fired.  Police found nine expended rounds.

 

The Police Department became aware from the City Clerk that two Department of Health licenses are needed for this business to be operational.  One is a food service license and one is a certificate for a food services manager.  Mr. Jose Ruiz is the person so designated.  He is also the Vice President of the corporation.

 

Mr. Ruiz was present at the scene of all three incidents in April, July and August. 

 

 

When the City Clerk’s office notified the Police that a food service business cannot operate without the Department of Health licenses, the Police told the license holders that the business should not be open until the expired Health Department licenses are renewed.  Notwithstanding, the establishment was open on Saturday with approximately 150 people there.

 

It is noted that there is another investigation ongoing regarding a felony at this establishment.

 

Attorney Gertsacov has no questions for this witness.

 

There are no other witnesses.

 

Mr. Milos states that the hearing should be continued until the September 6, 2017 meeting to try to get more information on the Friday shooting and stabbing incident.

 

Mr. Milos states that this is one of the stranger cases he has seen because even after the license holders received formal notice that the business is not supposed to be open after 1:00 a.m., the establishment was again open until 3:00 a.m.

 

Also, he states that without Department of Health licenses they can’t serve food and alcohol, and yet after being told this, they were open anyway on Saturday.

 

Mr. Ruiz arrives at 5:40 p.m.

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by the entire City Council, the following license is SUSPENDED pending the outcome of the hearing on September 6, 2117, on a unanimous voice vote:

 

CLASS B (Victualer)

 

Farole’s Restaurant (Nati Inc.) 461 Main Street, LIC#9358

 

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

Upon motion made by Councilor Rudd, seconded by Councilor Barry, the formal hearing on the above license is CONTINUED until September 6, 2017, on a unanimous voice vote:

 

 

 

Upon motion made by Councilor Barry, seconded by Councilor Vitali, the meeting is adjourned at 5:44 p.m.