Pawtucket Board of License Commissioners

October 27, 2017

 

A special session of the Pawtucket Board of License Commissioners is held Wednesday, October 27, 2017, at 4:35 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 

 

Present –Councilors Barry, Mercer, Tetreault, Vitali and Wildenhain.

 

Absent – Chairperson Moran, Councilors Cano, Kallman and Rudd.

 

Vice Chairperson Mercer presides.

 

 

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 Friday, October 27, 2017 at 4:30 p.m.) is READ AND ORDERED FILED.

 

 

COUNCILOR CANO ARRIVES AT 4:36 PM.

 

 

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)

 

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

 

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

 

Before going forward, Councilor Barry offers to recess the hearing to a later date because Mr. Lima is not represented by an attorney. After a brief discussion with Mr. Lima, the hearing is held.

 

Mr. Milos states that there are seven violations, six relating to the liquor statutes and one relating to the revocation of Lima’s Lounge LLC’s Articles of Organization.

 

Officer Ana Vertentes is sworn in by City Clerk Richard J. Goldstein.

 

Upon questioning from Mr. Milos, Officer Vertentes states that she has been an officer since 2016.

 

On June 10, 2017, Officer Vertentes met with a patron of Lima’s Lounge at police headquarters.

 

Odina Martins made a complaint.

 

Ms. Martins told the Officer that she was inside Lima’s when she was approached by a female who pushed and punched her and pulled her hair.  Bystanders pushed the assailant off. 

 

Officer Vertentes is not aware of anyone from Lima’s who reached out to police about the incident. The victim received treatment at the station.

 

On October 7, 2017, Officer Vertentes was dispatched to Lima’s regarding a male with a possible firearm.  When they got there, she met with two other officers who were with a male. The male got into an argument with security and he was told to leave.

 

The officer did not see patrons outside at that time. The officer did not find weapons on scene.

 

The officer heard screaming from another lot and she went to see what was happening.

 

Then, large number from Lima’s left and went to two lots, became unruly, were screaming. The crowd refused requests to leave.

 

Officer Tyler Shea reported to scene; one person seemed to want to fight Officer Shea.

 

Officer Shea used OC spray on the person.

 

 

A security guard tried to disperse the crowd.

 

Officer Vertentes and Sargent Donley went inside and asked for the manager. Ms. Oliveira said she was the manager/owner. She said Mr. Lima was the owner, but handed the business over to her.

 

Officer Vertentes told her about the incident.

 

When told that these incidents were becoming weekly, Ms. Oliveira stated she would like to have officers help to disperse the crowd.

 

On October 14, 2017, on a security check at Lima’s at 12:45 a.m., a security guard told the officer that a fight was going on inside. Officer Vertentes sought additional officers. When they went inside, 80-100 were there.  They tried to get the people to go outside.  When they did they formed small groups in two lots and refused to leave. There was aggressive behavior and fights. A group of females started to fight.  The officer used OC spray to disperse crowd.

 

Officer Vertentes went inside and saw a man who was bleeding.  He refused treatment and to press charges.

 

No one came forward to provide information. Ms. Oliviera, the manager, did not provide any information.

 

Mr. Milos states that there never had been anyone dispatched to the Portuguese Social Club. There is no reason to believe people came from anywhere but Lima’s.

 

Mr. Lima asked Officer Vertentes if he saw anyone coming out from the events at the Portuguese Social Club on Fridays and Saturdays.

 

Officer Vertentes stated no.

 

Mr. Lima stated that Ms. Oliveira don’t speak English.

 

Ms. Vertentes states that she understood her.

 

Captain Thomas Newman is sworn in by City Clerk Richard J. Goldstein.

 

Upon questioning from Mr. Milos, Captain Newman states that he handles liquor compliance.

 

He states that a police presence was required at Lima’s in September.

 

He states that on September 2, 2017, police dispersed a gathering at 1:14 a.m., people where there until 1:22 a.m. There was one officer at the scene.

 

On September 15, 2017, a call was made for service regarding noise at 1:15 a.m.  It took seven officers to disperse the group.

 

On September 23, 2017, a call was made for service regarding a brawl at 1:35 a.m.  Five officers where there.

 

On October 7, 2017, they needed fifteen officers at the scene.  That’s not a normal occurrence.

 

On October 14, 2017, they needed eleven of the twelve officers on duty at the scene.  The lone officer had to respond to three incidents.

 

Captain Newman never met with Jorge Lima.  He was not aware of Mr. Lima being at any of the incidents. Mr. Lima has not reached out to the police.

 

Mr. Milos states that the Articles of Organization for Lima’s Lounge have been revoked since June 2016.  The City Clerk’s Office checked today and they are still revoked.

 

 

 

Mr. Milos introduces a letter from Secretary of State Gorbea to Lima’s Lounge notifying them that their Articles of Organization have been revoked.

 

The next speaker is Jorge Lima, 77 Case Avenue, Seekonk, MA., license holder

 

Mr. Lima states that he was served on October 19, 2017, and he was on the way out to San Francisco.   He did not have time to get an attorney.

 

On October 7, 2017, he state’s that a man’s girlfriend assaulted the man, who told Mr. Lima about it on Saturday.

 

Ms. Olivera is the manager; she works for Mr. Lima.

 

Mr. Lima is not there on Friday nights so he was not there during the incidents.

 

He states that his only volume of clients is on Fridays, 75-80 people.

 

He states that all people working at Lima’s are TIPS certified.

 

Mr. Lima states that the people going into the Portuguese Social Club on Saturdays sometimes park in his parking lot.

 

Ms. Oliveira has managed Lima’s since February 2017.

 

Mr. Lima talked about getting details on Friday’s as Ms. Oliveira did the last two weeks.

 

Mr. Lima apologizes for the incidents. He states that he will do whatever he can to make things better.

 

There are no other speakers.

 

The Hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion made by Councilor Barry, seconded by Councilor Vitali, the Board ORDERS:

 

1.  That the Class B (Victualer) Liquor Licenses of Lima’s Lounge LLC d/b/a Lima’s Lounge, 110 School Street, Pawtucket, RI, License #9250 #9251, are suspended for a period of fourteen (14) days and a $1,000 fine is imposed as a result of the aforementioned violations of R.I. Gen. Laws § 3-5-23.

 

2.  That the Business shall remain closed until evidence of the Certificate of Good Standing of the Organization issued by the RI Secretary of State is presented to the City Clerk’s Office.

 

3. That the fourteen (14) day suspension shall commence when evidence of the Certificate of Good Standing of the Organization issued by the RI Secretary of State is presented to the City Clerk’s Office.

 

4.  That the $1000 fine is due and payable by November 27, 2017. 

 

IT IS HEREBY FURTHER ORDERED

 

That the following Conditions added to the licenses upon the reopening of the Business:

 

Police Detail is required on Friday and Saturday evenings from 9:30 p.m. until 1:30 a.m.

 

 

 

Upon motion made by Councilor Vitali, seconded by Councilor Tetreault, the meeting is adjourned at 5:45 p.m.