Pawtucket Board of License Commissioners

September 6, 2017

 

 

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 6, 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 August 23 and August 28, 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:

 

 

Pet Valu (Pet Value, Inc.) 727 East Ave., LIC#12801

ZONING STIPULATIONS.

1. The applicant shall not provide overnight boarding services for pets on site.
2. All business signage shall comply with dimensional requirements in accordance with ordinance 410-88.

 

WASTE HAULER Renewal  –

 

Discount Disposal (Discount Disposal & Demo Inc.) 19C Buck Hill Road, Johnston, RI, (1) LIC#3351

 

 

 

THE FOLLOWING APPLICATION IS REMOVED FROM THE CONSENT AGENDA AND IS TAKEN UP:

 

HOLIDAY New –

 

Dollar General Store #19285 (Dolgen Rhode Island, LLC) 295 Armistice Blvd., LIC#12800

(Prev. Dollar Express #2447)

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN:

 

Upon motion by Councilor Wildenhain, seconded by Councilor Rudd, the following application is POSTPONED and the applicant is requested to appear at the September 20, 2017 meeting:

 

HOLIDAY New –

 

Dollar General Store #19285 (Dolgen Rhode Island, LLC) 295 Armistice Blvd., LIC#12800

(Prev. Dollar Express #2447)

 

 

 

DISCUSSION WITH CLAIRETT ABREU, OWNER OF LA COLMENA (LA COLMENA LLC) 341 WEEDEN STREET (PREV. LAZARO, JUAN (DOMINICAN SUPERMARKET)) IS TAKEN UP:

 

Speaking is Clairett Abreau, 106 Columbia Avenue, Pawtucket, RI.

 

Ms. Abreau had a restaurant at 206 Dexter Street.

 

 

She has been cleaning up the outside of her establishment, and will continue tomorrow.

 

She states that the refrigerator will be removed.

 

Ms. Abreau is responsible for the dumpster.

 

She had no issues while running the restaurant.

 

 

 

FORMAL HEARING ON THE FOLLOWING LICENSES WAS CONTINUED AT THE MEETING HELD AUGUST 28, 2017, AND IS AGAIN TAKEN UP:

 

CLASS B (Victualer)

 

Farole’s Restaurant (Nati Inc.) 461 Main Street, LIC#9358 #9359

 

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

.

Mr. Milos reviews the previous hearing.

 

He states that there is no further information to offer on the stabbing and shooting. The victim remains uncooperative.

 

He states that the license holder has an obligation to maintain an orderly house. The stabbing is a violation of this requirement.

 

 

Present are Jose N. Ruiz, 28 Lisbon Street, Providence, RI, owner of the restaurant and his attorney, Marc B. Gertsacov, 144 Medway Street, Providence, RI.

 

Mr. Ruiz is sworn-in by City Clerk Richard Goldstein.

 

Mr. Gertsacov states that Mr. Ruiz was operating the business for 2 years mostly as a banquet facility.  This is the first time he has been called before the Board.

 

Mr. Ruiz understands why they are here.

 

Mr. Gertsacov asks the Board to let the establish remain in business under conditions set by the Board. Things did get out of control. Mr. Ruiz mismanaged. He will get DOH approval. He is willing to have a detail at all events from 9:30 p.m. to 1:30 a.m.

 

Mr. Ruiz states that he applied today with the Department of Health.  He should get his certificate by Friday.

 

He had a restaurant in Cranston from 2005-2012. He did not pay attention this time to his DOH license.

 

On the after-hours violations, he states that he did not known the people there and he should have called police at 1:00 a.m.

 

He does not know much about the stabling.  He was in the kitchen when it happened.  When he came out, the victim was outside. It happened very quickly.

 

Mr. Gertsacov states that he explained to Mr. Ruiz about the severity of the matter and the potential consequences if it happens again.

 

Mr. Ruiz states that he does not drink while working. He wants this to be a family establishment.

 

Mr. Milos states that police officers believed that Mr. Ruiz was under the influence at times when they went in the establishment.

 

 

Mr. Gertsacov states that the problems will be resolved with the police details.  Mr. Ruiz will voluntary close at 12:00 a.m.

 

Mr. Ruiz does banquets mostly on Fridays through Sundays.

 

Mr. Gertsacov states that Mr. Ruiz has several parties already booked.

 

Mr. Ruiz states that the capacity in the restaurant is 175 people, but fits 150 comfortably. He has 12 people on staff.

 

Mr. Gertsacov spoke with Monica Horan, attorney for the property owner.  Mr. Ruiz needs to tend to his relationship with the owners.

 

Mr. Ruiz states that he has 11.5 years remaining on his lease and extension.

 

Major Michael Newman states that there should be a detail officer at all events.

 

There are no other speakers.

 

The Hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR RUDD.

 

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

 

1.  That the Class B (Victualer) Liquor Licenses of Nati Inc. d/b/a Farole’s Restaurant, 461 Main Street a/k/a 82 Bayley Street, Pawtucket, RI, License # 9360, 9359, is SUSPENDED FOR A PERIOD OF FOURTEEN (14) DAYS.

 

2.  That the Business shall remain closed until evidence of valid R.I. Health Department Food Service License and Certified Food Safety Manager is presented to the City Clerk’s Office.

 

3.  That the fourteen (14) day suspension shall commence when evidence of valid R.I. Health Department Food Service License and Certified Food Safety Manager is presented to the City Clerk’s Office.

 

IT IS HEREBY FURTHER ORDERED

 

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

 

(a)  The Business shall close on each and every day at 12:00 a.m.

(b)  Two detail officers shall be present at all events.  This requirement shall be reviewed by the Board of License Commissioners 30 days after suspension ends.

 

for the following reasons:

 

On August 25, 2017, the license holder violated R.I. Gen. Laws § 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.  Specifically, during the operation of the business, approximately two (2) hours after the required closing time, the Board determined that an altercation occurred within the licensed premises which resulted in one patron stabbing and injuring another patron.  In addition, the Board also determined that the license holder failed to maintain a R.I. Health Department Food Service License and a valid Certified R.I. Heath Department Food Safety Manager.

 

 

 

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

 

A.    Class F (Beer & Wine)

 

Petition of the Woman Development Institute, to sell beer and wine at a Rally For Peace Concert, at The Pawtucket Armory, 172 Exchange Street, on Saturday, November 11, 2017, from 6:00 p.m. to 11:00 p.m. LIC#12840

 

B.     ENTERTAINMENT -

 

Petition of Woman Development Institute, for license to conduct a Rally For Peace Concert, at The Pawtucket Armory, 172 Exchange Street, on Saturday, November 11, 2017, from 6:00 p.m. to 11:00 p.m. LIC#12838

 

 

 

Petition of Monte Cara Restaurant (Monte Cara Sport & Bar LLC), 532 Lonsdale Avenue, requesting permission to serve food and alcoholic beverages outside of the building on Saturday, September 9, 2017, and Sunday, September 10, 2017, from 11:00 a.m. to 9:00 p.m. is READ AND ORDERED FILED AND THE REQUEST IS APPROVED ON A UNANIMOUS VOICE VOTE.

 

 

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Cano, the meeting is adjourned at 7:46 p.m.