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Pawtucket Board of License Commissioners

January 9, 2019

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, January 9, 2019, at 7:29 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

Present – Chairperson Moran, Councilors, Araujo, Kallman, Mercer, Rudd, Vasquez, Vitali and Wildenhain.

Absent – Councilor Barry.

Chairperson Moran presides.

The reading of the records of December 17, 2018 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:

HOLIDAY New –

Sayfs Convenience and Smoke Shop (Sayfs Enterprises, Inc.) 1531 Newport Avenue, LIC#13644

JUNK RETAIL New –

Rhode Island Junk King (Chen Services LLC) 500 Mineral Spring Avenue, LIC#13645

TATTOO Renewals -

Blackstone Tattoo Company (Langevin, Michael Jr.) 476 Central Ave. LIC#8851

Holy Ink (Correia, Jesse G.) 250 Main St. LIC#7267

Level 7 Tattoo (McCaffrey, Robert and Teixeira, Savanna) 818 Newport Ave. LIC#5050

VICTUALLING HOUSE First Class New –

The Duck & Bunny (The Duck and Bunny LLC) 1005 Main St. LIC#13648

Sayfs Convenience and Smoke Shop (Sayfs Enterprises, Inc.) 1531 Newport Ave. LIC#13646

VICTUALLING HOUSE First Class Transfer –

Lily Nutricion (Catu Portillo, Candida Antonia) 652 Broadway, LIC#13652

(Transfer from Vicente Vicente Lucas (Genesis Nutricion)

THE FOLLOWING PETITION FOR LICENSE WAS POSTPONED AT THE MEETING HELD DECEMBER 5, 2018, AND IS AGAIN TAKEN UP AND IS GRANTED ON A UNANIMOUS VOICE VOTE.

ENTERTAINMENT –

Petition of Paw Sox (Pawtucket Red Sox Baseball Club LLC) to conduct the Nitro Circus – Dirt Bikes, at McCoy Stadium, on Saturday, May 25, 2019 (rain date May 27, 2019) from 7:00 p.m. to 10:00 p.m. LIC#13611

Communication from McLaughlin & Moran, Inc., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of One Stop Liquor (Smithfield Ave Liq Store Inc.) to One Stop Super Liquor Store (New England Brew Corporation), in the amount of $11,467.92. is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilor Mercer, 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 One Stop Liquor (Smithfield Ave Liq Store Inc.) to One Stop Super Liquor Store (New England Brew Corporation), in the amount of $34,286.21 for Rhode Island Distributing and $15,686.84 for Horizon Beverage.

Communication from Paul J. Pisano, Esq., to the Pawtucket Board of License Commissioners, objecting to the transfer of Class A Liquor License of One Stop Liquor (Smithfield Ave Liq Store Inc.) to One Stop Super Liquor Store (New England Brew Corporation), in the amount of $3,731.23 for MS Walker Co.

Upon motion made by Councilor Rudd, seconded by Councilor Mercer, 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

One Stop Super Liquor Store (New England Brew Corporation) 390 Smithfield Avenue, LIC#13637

(Transfer from One Stop Liquor (Smithfield Ave Liq Store Inc.)

Speaking in favor is Bing Zheng, 282 Gaskill Street, Woonsocket, RI, Applicant.

Mr. Zheng will manage the store. He is TIPS certified.

Zoning and Fire inspections are done.

Mr. Zheng owned a restaurant for over a decade. He understands what is required to run a liquor establishment.

He will have 2-3 employees.

There will be no changes to the establishment.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilor Mercer, the following license is APPROVED, SUBJECT TO THE SETTLEMENT OF ANY PENDING CLAIMS, on a unanimous voice vote:

CLASS A – Transfer

One Stop Super Liquor Store (New England Brew Corporation) 390 Smithfield Avenue, LIC#13637

(Transfer from One Stop Liquor (Smithfield Ave Liq Store Inc.)

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

CLASS BV (Victualer) Change of Name and Use -

**Club *67 (Mingo’s and Sons Inc.) 602 Smithfield Ave. (Change d/b/a name to Club*67 Hookah Lounge) LIC#6205 #6204 (ent)

Stipulation.

1. Back door must be closed at all times.

Speaking in favor is Joshua Baptista, 31 Hayward Street, Pawtucket, RI, representing the license holder.

Mr. Baptista states that he is helping his father (the license holder). He renovated inside the building, including ventilation. He states that with business declining, hookah will increase business and bring in a more mature clientele.

There will be no changes in hours.

There are fire exits in the back of the establishment.

He understands the law regarding tobacco use.

Social media will help promote the business.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR RUDD.

Upon motion made by Councilor Rudd, seconded by Councilors Araujo, Mercer and Vitali, the following request to change the use of the establishment to a hookah bar and the name change to Club *67 Hookah Lounge is APPROVED on a unanimous voice vote:

CLASS BV (Victualer) Change of Name and Use -

**Club *67 (Mingo’s and Sons Inc.) 602 Smithfield Ave. (Change d/b/a name to Club*67 Hookah Lounge) LIC#6205 #6204 (ent)

Stipulation.

1. Back door must be closed at all times.

THE FOLLOWING FORMAL HEARING WAS CONTINUED AT THE MEETING HELD DECEMBER 5, 2018, AND IS AGAIN TAKEN UP:

CLASS B VICTUALER

**Mr. Cigar World (Cigar World LLC) 1438 Newport Ave. LIC#11996® #11997 (ent)

Stipulation.

1. The business remains a cigar bar or smoking bar pursuant to R.I. Gen. Laws §23-20.10-2(15).

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

Mr. Milos states that the license holder has agreed to enter into a plea of No Lo Contendre for violations of various RI General Laws, rules of the RI Department of Business Regulation and city ordinances. This will be considered a first offense, and if the plea is accepted by the Board, it will result in a recommended fine of $250.00 and two-day suspension, January 25, 26, 2019.

Also present are Rosadina Acosta, 12 Long Lane, Warren, RI, license holder, and her attorney Michael Horan, 393 Armistice Boulevard, Pawtucket, RI.

Mr. Horan states that the license holder has put in place several changes to ensure infractions will not to happen again. There were questions about exact times when music must stop, patrons must leave and workers must leave. They have now been resolved.

Ms. Acosta states that she has been there for two years. She has six employees.

She understands times of closure.

Everyone is TIPS certified.

She has put in a decimal meter for sound, and hired a sound technician to ensure music doesn’t disturb neighbors. She also hires a security company for events.

Speaking is Anthony Davidson, 12 Long Lane, Warren, RI.

Mr. Davidson states that he had tables and chairs outside, which were left there by Habanos. They have been removed.

He understands that he needs to get permission for outside service.

He changed some doors so they are for going out only, not in.

He understands the time for stopping music.

He notes that they had an issue with one of his events that the police did not like. The event was cancelled. This will not happen again.

There are no other speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilor Mercer, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE AND ORDERS THE LICENSE SUSPENDED FOR A PERIOD OF TWO DAYS, SUSPENSION SHALL BE ON JANUARY 25, 2019 AND SATURDAY, JANUARY 26, 2019, AND ORDERS THE LICENSE HOLDER TO PAY A $250.00 FINE, TO BE PAID BY FRIDAY, JANUARY 11, 20197. IN ADDITION, A SECOND STIPULATION SHALL BE PLACED ON THE LICENSE, for the following reasons:

1. On or about June 15, 2018 and September 21, 2018: Operating after hours. (see attached) (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 1.4.18 of the RI Department of Business Regulations “Commercial Licensing Regulation 8 Liquor Control Administration”

2. On or about May 10, 25, 2018; June 15, 17, 2018; August 18, 2018; and September 21, 2018: Failure 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 house or place where you are licensed to sell beverages under the provisions of Title 3 of the General Laws 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 or ordinances of this city to be violated. (see attached) (Violation of R.I. Gen. Laws § 3-5-23).

3. On or about June 17, 2018: Failure to prohibit the consumption of alcoholic beverages outside of the licensed premises and failure to prohibit alcoholic beverages from being consumed on City streets and sidewalks, in violation of R.I.G.L. § 3-5-9, Rule 1.4.27 of the RI Department of Business Regulations “Commercial Licensing Regulation 8 Liquor Control Administration” and § 108-14 of the Pawtucket Code of Ordinances.

4. On or about September 21, 2018: Allowing an employee to serve alcohol without required alcohol server training certification and/or proof thereof. (see attached) (Violation of R.I. Gen. Laws § 3-7-6.1, Pawtucket Ordinance § 108-12).

Stipulations.

1. The business remains a cigar bar or smoking bar pursuant to R.I. Gen. Laws §23-20.10-2(15).

2. Doors closed at all times (ADDED).

THE FOLLOWING APPLICATION AND PUBLIC HEARING FOR LICENSE RENEWALS WAS CONTINUED AT THE MEETINGS HELD NOVEMBER 7, 20, AND DECEMBER 5, 2018, AND IS AGAIN TAKEN UP:

CLASS B VICTUALER

**Mr. Cigar World (Cigar World LLC) 1438 Newport Ave. LIC#11996® #11997 (ent)

Stipulation.

1. The business remains a cigar bar or smoking bar pursuant to R.I. Gen. Laws §23-20.10-2(15).

There are no speakers.

The hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the following licenses are APPROVED with the following stipulations, on a unanimous voice vote:

CLASS B VICTUALER

**Mr. Cigar World (Cigar World LLC) 1438 Newport Ave. LIC#11996® #11997 (ent)

Stipulations.

1. The business remains a cigar bar or smoking bar pursuant to R.I. Gen. Laws §23-20.10-2(15).

2. Door closed at all times.

THE FOLLOWING APPLICATION FOR LICENSE RENEWAL WAS POSTPONED AT THE MEETINGS HELD NOVEMBER 7, 20, AND DECEMBER 5, 2018, AND IS AGAIN TAKEN UP AND IS GRANTED ON A UNANIMOUS VOICE VOTE:

POOL TABLE Renewal -

Mr. Cigar World (Cigar World LLC) 1438 Newport Ave. (1) LIC#7944

Upon motion made by Councilor Mercer, seconded by Councilor Rudd, the meeting is adjourned at 8:07 p.m.