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Pawtucket Board of License Commissioners

March 22, 2017

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, March 22, 2017, at 6:58 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – 0.

Chairperson Moran presides.

The reading of the records of March 8, 2017 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 Associated Radio Amateurs of S.N.E. Inc., for a license to conduct a Field Day for an amateur radio emergency preparedness drill at Slater Park, Marconi Gardens, on Saturday, June 24, 2017, at 9:00 a.m. until Sunday, June 25, 2017, at 4:00 p.m. LIC#12317

B. Petition of Paw Sox (Pawtucket Red Sox Baseball Club LLC) to conduct a Bit Time Promotion Wrestling Event, at McCoy Stadium, on Saturday July 29, 2017, from 4:00 p.m. to 10:00 p.m. (rain date Sunday, July 30, 2017) from 1:00 p.m. to 5:00 p.m. LIC#12281

DOOR-TO-DOOR (Verizon Services) New –

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

PEDDLER: Boger, Tanya, 23 Fourth Street, Attleboro, MA , LIC#12318

PEDDLER: Lebel, Kirsten Lea, 569 Smithfield, North Providence, RI, LIC#12319

HOLIDAY LICENSES Renewal –

Advance Auto Parts #7194 (Advance Stores Company Inc.) 368 Cottage St. LIC#8533

Apex (Apex At Home, LLC) 100 Main St. LIC#3190

Cabo Verde Fish Market (Da Cruz, Rui Manuel) 268 West Ave. LIC#5775

Central Mart & Deli (Central Mart & Deli, Inc.) 655 Central Ave. LIC#9182

Howell Smith Druggist (Howell J. Smith Druggist, Inc.) 749 Central Ave. LIC#3191

Industrial Revolution CrossFit (Industrial Revolution CrossFit, LLC) 154 Smithfield Ave.

LIC#11360

Metro PCS (LC Wireless Inc.) 50 Ann Mary St. LIC#11815

Monro Muffler (Monro Muffler Brake Inc.) 1427 Newport Ave. LIC#5113

Zaccagnini’s Pastry Shoppe (DaSilva, Humberto P.) 546 Smithfield Ave. LIC#3260

KENNEL Renewal -

Friend of Toto (Friends of Toto, LLC) 245 Esten Ave. LIC#11957

VICTUALLING HOUSE First Class New –

Jose & Carmelo Main Street (Jose & Carmelo Main Street Inc.) 919 Main Street, LIC#12311

Prospect Mini Market (Prospect Minimarket Inc.) 620 Prospect Street, LIC#12310

THE FOLLOWING PETITION FOR LICENSE IS TAKEN UP:

VICTUALLING HOUSE First Class New –

Flavors Restaurant (Legendre, Ernest James Jr.) 573 Armistice Boulevard, (Including 5 tables on sidewalk) LIC#12314

(Previously Heather’s Cornerstone Café (Heather’s Cornerstone Café, Co.))

THE CHAIR RECOGNIZES COUNCILOR MERCER.

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

VICTUALLING HOUSE First Class New –

Flavors Restaurant (Legendre, Ernest James Jr.) 573 Armistice Boulevard, (Including 5 tables on sidewalk) LIC#12314

(Previously Heather’s Cornerstone Café (Heather’s Cornerstone Café, Co.))

STIPULATIONS.

Revisit sidewalk seating in October.

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

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSE (CLASS A - selling used automobiles) – New

Frizzo Auto Sales (Frizzo Cars, LLC) 117 Webster Street, LIC#12297 #12298

Councilor Wildenhain states that the main purpose of this business is storage.

Speaking in favor is Monica Horan, Esq., 393 Armistice Blvd., Pawtucket, RI, attorney for the applicant.

Ms. Horan states that the applicant was not able to attend the public hearing because of a medical emergency.

Speaking in opposition is Genowefa Kocur, 110 Webster Street, Pawtucket, RI.

Ms. Kocur owns the house across the street. She states that the street cannot handle all the traffic now. She states that there is a lot of noise from businesses there already. She cannot sleep at night and is concerned about cars being tested on the street.

Ms. Horan states that the applicants have no intention to do auto repair at this time. She states that they will mostly be conducting sales by auction and on-line.

She states that the applicants own a pawn shop. Cars pawned will be brought in from their pawn shop. The cars are pawned by their owners during business hours. There will be no employees there full-time. There will be no sales at the site.

Ms. Horan states that the lot is fenced in, and there is new lighting and alarms.

The pawn shop closes at 6:00 p.m.

Ms. Kocur states that the lights shine into her house.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilors Cano and Vitali, the following license is APPROVED with the following stipulations, on a unanimous voice vote:

AUTOMOBILE REPAIR SHOP AND SECOND HAND SHOP LICENSE (CLASS A - selling used automobiles)

Frizzo Auto Sales (Frizzo Cars, LLC) 117 Webster Street, LIC#12297 #12298

STIPULATIONS.

1. Hours of operation permitted is 9:00 a.m. to 7:00 p.m., Monday through Saturday.

2. No test driving of vehicles or motorcycles on Webster St.

3. All lighting should be shielded away from neighbors.

Communication from Best Beverage, to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Bela Vista Liquors (Bela Vista Liquors Inc.) to Bela Vista Liquors (SLB, LLC) 593 Weeden Street, in the total amount of $3,106.00 is READ AND ORDERED FILED.

Communication from McLaughlin & Moran, Inc. to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Bela Vista Liquors (Bela Vista Liquors Inc.) to Bela Vista Liquors (SLB, LLC) 593 Weeden Street, in the total amount of $184.79 is READ AND ORDERED FILED.

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 (Bela Vista Liquors Inc.) to Bela Vista Liquors (SLB, LLC) 593 Weeden Street, in the total amount of $6,575.22 for Johnson Bros of RI and $7,655.20 for MS Walker Co is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilors Cano and 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 A Liquor License of Bela Vista Liquors (Bela Vista Liquors Inc.) to Bela Vista Liquors (SLB, LLC) 593 Weeden Street, in the total amount of $6,878.57 for Horizon Beverage Co., and RI Distributing Co. in the total amount of $8,302.10.

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

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

CLASS A Transfer -

Bella Vista Liquors (SLB, LLC) 593 Weeden Street, LIC#12299

(transfer from Bela Vista Liquors (Bela Vista Liquors Inc.))

Speaking in favor is applicant Jean Phillipe Barros, 1 Williams Street Pawtucket, RI

Mr. Barros states the hours of operation will stay the same.

Mr. Barros states there are three employees.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

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

CLASS A Transfer -

Bella Vista Liquors (SLB, LLC) 593 Weeden Street, LIC#12299

(transfer from Bela Vista Liquors (Bela Vista Liquors Inc.))

Communication from McLaughlin & Moran, Inc. to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Rick’s Liquors (BHAV Liquors Inc.) to Rick’s Liquors (Taing Holdings-RI, LLC) 746 Broadway, in the total amount of $4,936.50 is READ AND ORDERED FILED.

Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of Rick’s Liquors (BHAV Liquors Inc.) to Rick’s Liquors (Taing Holdings-RI, LLC) 746 Broadway in the total amount of $14,151.67 for Johnson Bros of RI and $3,945.77 for MS Walker Co is READ AND ORDERED FILED

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilors Cano and 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 A Liquor License of Rick’s Liquors (BHAV Liquors Inc.) to Rick’s Liquors (Taing Holdings-RI, LLC) 746 Broadway, in the total amount of $2,922.29 for Horizon Beverage Co., and RI Distributing Co. in the total amount of $6,560.91.

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

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

CLASS A Transfer -

Rick’s Liquors (Taing Holdings-RI, LLC) 746 Broadway, LIC#12312

(transfer from Rick’s Liquors (BHAV Liquors Inc.))

Speaking in favor Mark Gagliardi, Esq., 120 Wayland Avenue, Ste. 7, Providence, RI, attorney for the applicant.

Mr. Gagliardi states that the applicant, Mr. Taing, has retail experience. He states that Mr. Taing is also buying the real estate where the business is located.

Also speaking is Chhinggis Taing, 201 Princeton Street, North Chelmsford, MA., applicant.

Mr. Taing states he has no liquor store experience. He has worked in a convenience store and has done construction.

Mr. Taing states that money is better in the liquor business and fewer hours than convenience stores.

Mr. Taing states the workers will be TIPS certified.

He also states that he is going to buy a house closer to the business.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

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

CLASS A Transfer -

Rick’s Liquors (Taing Holdings-RI, LLC) 746 Broadway, LIC#12312

(transfer from Rick’s Liquors (BHAV Liquors Inc.))

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

CLASS B (Victuler) New –

Pho Horn’s (Pho On, Inc.) 50 Ann Mary Street, LIC#12308®

(Previously Pho Horn’s (Pho Horn’s Inc.))

PREVIOUS STIPULATION.

1. Alcohol cannot be served after 12 Midnight.

Speaking in favor is Teven Tran, 18 Old Stagecoach Road, Attleboro, MA, applicant.

Mr. Tran states that his partner is retiring and he is taking over the license. He has no problem with the stipulation.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR KALLMAN.

Upon motion made by Councilor Kallman, seconded by Councilors Barry and Cano, the following license is APPROVED WITH THE FOLLOWING STIPULATION, on a unanimous voice vote:

CLASS B (Victuler) New –

Pho Horn’s (Pho On, Inc.) 50 Ann Mary Street, LIC#12308®

(Previously Pho Horn’s (Pho Horn’s Inc.))

STIPULATION.

1. Alcohol cannot be served after 12 Midnight.

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

VICTUALLING HOUSE First Class New –

Pho Horn’s (Pho On, Inc.) 50 Ann Mary Street, LIC#12307

(Previously Pho Horn’s (Pho Horn’s Inc.))

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

A. Class F -1 (Full Privilege)

Petition of Darlington Braves to sell alcoholic beverages at a Fundraiser “Funny for Funds” at 92 East Avenue, on Saturday, April 15, 2017, from 6:00 p.m. to 11:00 p.m. LIC#12306

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the meeting is adjourned at 7:43 p.m.