Click to view the entire meeting or click any video icon below to jump to that section of the meeting.

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, December 6, 2017, at 8:43 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – Councilors Cano and Vitali.

Chairperson Moran presides.

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

ENTERTAINMENT –

A. Petition of Pawtucket Red Sox Baseball Club, LLC, to conduct the New England Sober Music Festival in McCoy Stadium, on Saturday, July 21, 2018, from 12:00 p.m. to 10:00 p.m. LIC#12995

VICTUALLING HOUSE First Class Renewals -

Bake Eat Love (Sparkman, Crystal) 1005 Main Street, LIC#9404

Broadway Market (Eide, Yassin), 399 Broadway, LIC#3957

Central Avenue Bakery (Alves & Sons Bakery LLC) 679 Central Ave. LIC#11935

Dunkin Donuts (R.J.W. Enterprises Inc.) 337 Armistice Blvd. LIC#3537 OPEN 24 HOURS – DRIVE THRU ONLY

Dunkin Donuts (Cottage Street Donuts Inc.) 372 Cottage St. LIC#7712

Helaney’s Food & More (Issa, Abdallah) 477 Smithfield Ave. LIC#11225

Liberty Lunch (Dakake, Charles G. and Margaret E.) 732 Central Ave. LIC#4999

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

Luzitania Bakery (Luzitania Bakery Inc.) 312 Barton St. LIC#5466

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

Nutry Zone (Almeraya, Francisco) 121 Broad St. LIC#9742

Papa John’s (Armistice Pizzeria LLC) 295 Armistice Blvd., LIC#12063

Pawtucket House of Pizza (Kakisis, Peter) 398 Smithfield Ave. LIC#3481

Sam’s Food Store (SNK Inc.) 151 Benefit St. LIC#5204

Seen Rhode Island (Domo L3C) 30 East Ave. LIC#11623

Subway (Patricio, Ernest) 614 Pawtucket Ave. LIC#3932

Subway (Subway 95 Exit 30 LLC) 355 Fountain St. LIC#4994

Sunoco (A.S.H. LLC) 81 School St. LIC#7880

Taco Bell (Pawtucket Taco LLC) 7 Newport Ave. LIC#3859 OPEN BETWEEN 2:00 AM TO 3:00 AM ON FRIDAY’S AND SATURDAY’S ONLY. 05/23/2012

Walt's Roast Beef (Kit Inc.) 285 Newport Ave. LIC#9385

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

VICTUALLING HOUSE Second Class Renewals -

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

TATTOO Renewals -

**Omega Ink (Omega Ink LLC) 110 Kenyon Ave. #23, LIC#12054

Sin Alley Tattoo (Fasulo, Michael) 431 Benefit St. LIC#4824

**DENOTES STIPULATIONS

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

Petition of Pawtucket Red Sox Baseball Club, LLC, for license to conduct Athletic Games or exhibitions of Baseball) in McCoy Stadium, Columbus Avenue, on the following Sundays: April 8, 22, May 6, 27, June 10, 24, July 8, 15, 29, August 5, 19, 2018 LIC#12978

There are no speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilors Barry and Wildenhain, the following license is APPROVED on a unanimous voice vote:

COUNCILOR CANO ARRIVES AT 8:45 P.M.

Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Bela Vista Liquors (SLB LLC) to Bella Vista Liquors (S D Phy, LLC) 593 Weeden Street, in the total amount of $986.28 for Johnson Bros of RI is READ AND ORDERED FILED.

COUNCILOR VITALI ARRIVES AT 8:46 P.M.

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

CLASS A Transfer –

Bela Vista Liquors (S D Phy, LLC) 593 Weeden Street.

(transfer from Bela Vista Liquors (SLB, LLC)

Speaking in favor is Sonia Och, 36 Arlington Street, Lynne, MA, applicant. Also present is Michael Horan, Attorney for the applicant.

Ms. Och states that she worked in a supermarket and ran a business in California.

There will be the same hours of operation.

Ms. Och will be working at the store.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilors Barry and Wildenhain, the following license is APPROVED, on a unanimous voice vote:

CLASS A Transfer –

Bela Vista Liquors (S D Phy, LLC) 593 Weeden Street.

(transfer from Bela Vista Liquors (SLB, LLC)

Communication from Mark T. Buben, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victualer) License of Game Day Sports Bar (Jass LLC) to 20/20 Lounge (Northeast Enterprises Inc.) in the amount of $6,000.00 for D.B. Amusement & Vending Corporation and $7,000.00 for the Five B’s LLC. is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

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

Communication from Sinapi Law Associates, Ltd., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victualer) License of Game Day Sports Bar (Jass LLC) to 20/20 Lounge (Northeast Enterprises Inc.) in the amount of $466.35 for Horizon Beverage.

Communication from McCLaughlin & Moran, Inc., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class B (Victualer) License of Game Day Sports Bar (Jass LLC) to 20/20 Lounge (Northeast Enterprises Inc.) in the amount of $591.10 for McLaughlin & Moran, Inc.

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

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

CLASS B (Victualer) Transfer –

20/20 Lounge (Northeast Enterprises Inc.) 584 Smithfield Avenue.

(transfer from Game Day Sports Bar (Jass LLC))

Speaking in favor is York Osorio, 130 Broad Street, Cumberland, RI, applicant.

Mr. Osorio will run the bar as it is.

All claims will be paid.

The hours will be 11:00 a.m. to 1:00 a.m.

He ran a bar for two years in Central Falls about 15 years ago.

There will be 1 or 2 employees.

There will be no entertainment.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilors Barry and Mercer, the following license is APPROVED, with the following stipulation on a unanimous voice vote:

CLASS B (Victualer) Transfer –

20/20 Lounge (Northeast Enterprises Inc.) 584 Smithfield Avenue.

(transfer from Game Day Sports Bar (Jass LLC))

STIPULATION.

1. No Entertainment.

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

VICTUALLING HOUSE 1^st Class Transfer –

PINBALL & AMUSEMENT DIVICES –

POOL TABLE –

20/20 Lounge (Northeast Enterprises Inc.) 584 Smithfield Avenue.

(transfer from Game Day Sports Bar (Jass LLC))

FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

CLASS B (Victualer)

Di Nos Restaurant (Brava Restaurant & Bar Inc.) 908 Main St. LIC#4181 #3917 (entWW)

Representing the City of Pawtucket is Lisette Gomes, Assistant City Solicitor.

Also present is Gustavo Rodrigues, President, Brava Restaurant & Bar Inc.

Ms. Gomes states that Brava Restaurant & Bar Inc. has agreed to enter into a plea of No Lo Contendre for a first offense, with recommended penalties of a 7-day suspension and a $400 fine.

In addition, she states that Captain Newman recommends that two stipulations be placed on the license:

1. Two detail officers are to be hired on Sundays if there will be live entertainment or DJ.

2. A certified crowd control person shall be hired.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCIL KALLMAN.

Upon motion made by Councilor Kallman, seconded by Councilor Barry, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE SUSPENDED FOR A PERIOD OF 7 DAYS, SUSPENSION SHALL BE FROM DECEMBER 24, 2017, UP TO AND INCLUDING DECEMBER 30, 2017, AND ORDERS THE LICENSE HOLDER TO PAY A $400.00 FINE, TO BE PAID BY DECEMBER 31, 2017. IN ADDITION, TWO STIPULATIONS SHALL BE PLACED ON THE LICENSE for the following reasons:

1. On October 9, 2017 and November 5, 2017, the license holder violated R.I. Gen. Law § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration regarding operating after hours.

2. On October 9, 22, 23, 29 2017, and November 5, 13, 20, 2017, the license holder violated R.I. Gen. Law § 3-5-23 by failing to maintain control of patrons and/or employees, agents; and/or endangering the health, safety and welfare of the general public; and/or permitting the licensed premises 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 on the license premises.

3. On November 20, 2017, the license holder violated R.I. Gen. Law §3-8-1 by 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.

STIPULATIONS.

1. Two (2) Detail Officers are required on Sundays when any entertainment is scheduled.

2. Certified Crowd Control Person must be present at all times when occupancy reaches 50 people as required by NFPA 101 Life Code.

THE FOLLOWING PUBLIC HEARING FOR LICENSE RENEWAL WAS CONTINUED AT THE MEETING HELD NOVEMBER 8, 2017, AND IS AGAIN TAKEN UP:

CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES

CLASS B (VICTUALER)

Di Nos Restaurant (Brava Restaurant & Bar Inc.) 908 Main St. LIC#4181 #3917 (entWW)

There are no speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCIL KALLMAN.

With majority consent of the Board, upon motion made by Councilor Kallman, seconded by Councilor Barry, the following license for renewal is APPROVED with the following stipulations on a unanimous voice vote.

CLASS BV (VICTUALER) AND VICTUALING HOUSE LICENSES

CLASS B (VICTUALER)

Di Nos Restaurant (Brava Restaurant & Bar Inc.) 908 Main St. LIC#4181 #3917 (entWW)

STIPULATIONS.

1. Two (2) Detail Officers are required on Sundays when any entertainment is scheduled.

2. Certified Crowd Control Person must be present at all times when occupancy reaches 50 people as required by NFPA 101 Life Code.

Communication from Captain Thomas Newman, Patrol Division, Pawtucket Police Department, to Pawtucket City Council Board of License Commissioners. (Polish American Citizen’s Club, 244 Annie Street (Incident 11/18/2017) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilor Barry, is PASSED on a unanimous voice vote:

The Clerk is instructed to send a communication to Polish American Citizen’s Club, 244 Annie Street, to appear at a FORMAL HEARING on Wednesday, January 10, 2017, for the following reasons:

1. On or about November 18, 2017: Operating after hours. (see attached police report) (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration)

2. On or about June 17, 2017, August 3, 2017 and November 18, 2017: 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).

3. On or about June 17, 2017 and August 3, 2017: Consumption of alcoholic beverages outside of the licensed premises, in violation of RIGL 3-5-9 entitled “Premises Covered”, rule #27 of the RI Department of Business Administration Handbook “Commercial Licensing Regulation 8 Liquor Control Administration.”

Upon motion made by Councilor Mercer, seconded by Councilor Barry and Wildenhain, the meeting is adjourned at 9:08 p.m.