Pawtucket Board of License Commissioners

November 24, 2020

 

 

A regular session of the Pawtucket Board of License Commissioners is held Tuesday, November 24, 2020, at 7:22 p.m., via videoconference on ZOOM during the COVID-19 pandemic, per Governor’s orders up to and including 20-93.

 

Present on ZOOM – Chairperson Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez and Wildenhain.

 

Absent – Councilor Rudd and Vitali.

 

Chairperson Moran presides.

 

 

The reading of the records of November 10, 2020 is dispensed with and the records are APPROVED as prepared by the Clerk, on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez and Wildenhain.

 

NOES – 0.

 

 

COUNCILOR VITALI ARRIVES AT 7:24 P.M.

 

 

*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

*PETITIONS FOR LICENSES:

 

PUBLIC LAUNDRY Transfer –

 

Washing Well Laundromat (Shankar, Dhirendra) 906 Main Street, LIC#14546

(transfer from Washing Well Laundromat (Jazz-Monday, Inc.))

 

VICTUALLING HOUSE First Class New –

 

Waffle Hive (Waffle Hive LLC) 250 Main Street, LIC#14549

 

VICTUALLING HOUSE First Class Renewals -

 

147 Market & Deli (TM Turkmani Inc.) 147 Prospect St. LIC#11230

California Taco (Sipaque LLC) 877 Central Ave. LIC#10264

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

Dunkin Donuts (AM Donuts Inc.) 205 Dexter St. LIC#3938

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

Healthy Spot (CND Marketing Inc.) 50 Ann Mary Street, LIC#13938

Ja Patty RI Catering & Events (Ja Patty RI LLC) 560 Mineral Spring Ave. LIC# 14239

Las Delicias De Mi Tierra (Las Delicias De Mi Tierra LLC) 33 Summer St. LIC#12026

Pawtucket Food Mart (Le, Van & Chu, Bao) 755 Mineral Spring Ave. LIC#4836
Subway #24835 (L & J LLC) 614 Pawtucket Ave. LIC#14292

Super Stop & Shop #710 (Stop & Shop Supermarket Company LLC.) 380 Cottage St. LIC#4720

Taco Don Nacho (Fuentes, Ignacio F.) 234 Barton St. LIC#14305

Zaccagninis Pastry Shoppe (Wayland Bakery Inc.) 546 Smithfield Ave. LIC#14400

 

 

THE FOLLOWING PETITION FOR LICENSE WAS POSTPONED AT THE MEETING HELD NOVEMBER 10, 2020, AND IS AGAIN TAKEN UP AND IS AGAIN POSTPONED UNTIL DECEMBER 9, 2020, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

CLASS B (VICTUALLER) New -

 

The Central (Wanubi Project Inc.) 233 Main Street, LIC#14524®

 

 

THE FOLLOWING PETITION FOR LICENSE WAS POSTPONED AT THE MEETING HELD NOVEMBER 10, 2020, AND IS AGAIN TAKEN UP AND IS AGAIN POSTPONED UNTIL DECEMBER 9, 2020, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

VICTUALLING HOUSE 1^st Class New

 

The Central (Wanubi Project Inc.) 233 Main Street, LIC#14525

 

 

 

A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

 

CLASS B VICTUALER

 

Rhody Hen Café (Luna’s Café LLC) 350 Prospect St. LIC#13677® #13584

 

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

 

Also present is Tiffany Barrera, License Holder.

 

The first witness called by Mr. Milos is Deputy City Clerk Michelle Hardy.  Ms. Hardy is sworn in by City Clerk Richard Goldstein.

 

Upon questioning from Mr. Milos, Ms. Hardy notes the following:

 

She has been deputy city clerk for 21 years.  She is thoroughly familiar with the licensing process and she is familiar with Luna’s Café LLC (Rhody Hen).

 

On May 14, 2020, Rhody Hen sought to expand their outdoor service.

 

Rhody Hen did not have outdoor service when they first got their license.  In June 2019, they were allowed a limited expansion of their premises.  They applied for five tables outside, but during the hearing they requested three tables, which were approved.  This is a permanent expansion.

 

In May 2020, the council passed a resolution allowing temporary outdoor service by restaurants through September 30, 2020.  On May 22, 2020, they expanded the hours allowed for the outdoor service.  In this second resolution they stipulated that they would not accept new applications for permanent outdoor service until October 1, 2020.

 

Rhody Hen applied for a temporary expansion of their outdoor premises, which would allow up to 8 tables with 30 chairs on a 10x20 platform (up from a 10x10 platform).  This was approved (through 9/30/20).

 

 

Ms. Hardy notified all restaurants on August 20, 2020, that the temporary service was about to expire.  She sent the notification to Rhody Hen by email.  She received no response from Rhody Hen requesting a permanent expansion of their outdoor service.  Therefore, as of October 1, 2020, they could only continue their original outdoor service, consisting of up to three tables on a 10x10 area.

 

Tiffany Barrera states that she did not receive the e-mail about the permanent expansion.

 

 

The next witness called by Mr. Milos is William Vieira, Director of Zoning and Code Enforcement.  Mr. Vieira is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Mr. Vieira notes the following:

 

He is the Director of Zoning & Code Enforcement.  He is familiar with Luna’s Café LLC (Rhody Hen)

 

Rhody Hen put an addition on their building without a permit.  The expansion required use and dimensional variances, which they had not received.

 

The city was accommodating.  They gave the owners an opportunity to go before the zoning board to seek their needed variances, which they then received, rather than sending them to the housing court.  Also, they did not charge the owners a late fee on their permits. 

 

Mr. Vieira was surprised to learn that the owners did a second construction job without a permit.  He noted that a permit was applied for after the construction started, but was not approved at the time, because it needed to be approved by the fire department. 

 

He believes the owners should have known the process because this was the second time for a construction project.

 

Upon investigating, they found that this second structure was made of wood and was without a roof.  It was on the property line.  It would have required a dimensional variance for sideyard setbacks.  No request has been filed.

 

The size is 16x24, which is 384 square feet.  The owners had been allowed to use a 10x20 space for outdoor service, which is only 200 square feet.  The owners said they had permanent authority for outdoor service.  However, the clerk’s office advised Mr. Vieira that they no longer could use the 10x20 space; only the 10x10 space originally approved. 

 

The zoning office issued a citation and a stop work order.  However, the next day he heard that the business owners were putting a roof on the structure.  They told him that it was only to protect the equipment inside.  Mr. Vieira told them they could not.

 

No building permit has been issued and no request for zoning relief has been filed.

 

They have stopped work on the structure. 

 

Ms. Barrera asks if a tarp is considered a roof. 

 

Mr. Vieira responds that it’s considered a covering, so they can’t do it after the filing of a stop work order.

 

Councilor Barry asks if they need council approval to build a building.

 

Mr. Milos responds that they can only serve where previously approved.  

 

The next speaker is Tiffany Barrera, license holder.  Ms. Barrera is sworn-in by Mr. Goldstein.

 

Ms. Barrera states that with this pandemic, 1 in 6 restaurants have closed.  There are seven people employed by Rhody Hen, thus there are seven families reliant on the restaurant.

 

 

She states that she got the temporary expansion, but she did not receive the email regarding the permanent expansion. 

 

She notes that now she can only seat 16 people inside and that is about to be reduced to 12.

 

She thought she could build the structure because she got approval for the 10x20 platform.  She lost three tents she had put up due to the weather. 

 

She will do whatever the council wants.  She will remove or move the structure.  She apologizes for breaking the rules.

 

Councilor Vitali asks Ms. Barrera about starting from scratch and moving the outdoor seating to the other side of the building.

 

Ms. Barrera responds that she would lose four parking spaces and would have to level the ground, but she would do it.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR BARRY.

 

Upon motion by Councilor Barry, seconded by Councilor Wildenhain, the license holders of Rhody Hen Café (Luna’s Café LLC) 350 Prospect St., shall REMOVE THE TEMPORARY STRUCTURE ON THE PROPERTY AND SHALL STOP ALL OUTDOOR DINING ABOVE THE ORIGINAL 10X10 SPACE WITH UP TO THREE TABLES UNTIL THEY GO THROUGH THE ZONING AND COUNCIL PROCESSES FOR EXPANDING THEIR PREMISES BEYOND WHAT IS CURRENTLY ALLOWED.  ALSO, UNTIL APPROVED BY THE COUNCIL, NO ALCOHOL SHALL BE SERVED OUTDOORS, on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez and Wildenhain.

 

NOES – Councilor Vitali.

 

 

 

THE FOLLOWING PETITION FOR LICENSE RENEWAL WAS POSTPONED AT THE MEETING HELD ON NOVEMBER 10, 2020, AND IS AGAIN TAKEN UP AND IS APPROVED ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

CLASS B VICTUALER

 

Rhody Hen Café (Luna’s Café LLC) 350 Prospect St. LIC#13677® #13584

 

 

A 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 (ent)

 

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

 

 

Also present are Stephanie and Gustavo Rodrigues, License Holders.

 

The first witness called by Mr. Milos is Officer Nicholas Sisto.  Ofcr. Sisto is sworn in by City Clerk Richard Goldstein.

 

Upon questioning from Mr. Milos, Ofcr. Sisto notes the following:

 

He is familiar with Di Nos Restaurant.

 

On September 1, 2020, at 11:00 p.m., he was at Di Nos.  There were 30 to 40 people in the parking lot.  Two males had blood on their clothes. They were uncooperative. Ofcr. Sisto spoke with the owners.  They told him that the incident started inside, and then spilled outside. 

 

There were several incidents before September 1.

 

On October 12, 2020, at 12:45 a.m., Ofcr. Sisto was at Di Nos because of problems that occurred the night before.  He saw problems with parking and heard loud noise.  A neighbor, Jamilla Lopes, complained about loud music ongoing.  Ofcr. Sisto went inside.  There were about 30 people there.  They were not following the COVID rules.  No one was wearing masks and there was no social distancing.  He spoke to the owners.  There was no explanation on the COVID protocols.  He also spoke with Ms. Lopes, who has lived there for two years.  She said the music was the worst it’s ever been.  She said that people were disorderly and were driving erratically.

 

Ms. Rodrigues asks about the September 1 date.  She states that they are not open on Tuesdays.

 

Ofcr. Sisto states that he could be mistaken about the date.  It could have been August 31.

 

Ms. Rodrigues states that many of the problems begin in MamaJuana.  She states that she told the officer that on October 12.

 

 

The next witness called by Mr. Milos is Officer Thomas Wycislak.  Ofcr. Wycislak is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Ofcr. Wycislak notes the following:

 

He is familiar with Di Nos.  He was there on September 4, 2020, when there was a large fight inside a circle.  One female had injuries to her hand.  The fight was between two females in the lot in front of Di Nos.  One person said they were patrons of Di Nos.

 

The next witness called by Mr. Milos is Officer Nicholas Croft.  Ofcr. Croft is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Ofcr. Croft notes the following:

 

On September 12, 2020, he was at Di Nos for a liquor establishment check.  He did not observe any violations there.  There was music playing.  It was loud, but it could not be heard outside if the door was closed.

 

 

The next witness called by Mr. Milos is Officer Nick Patrie.  Ofcr. Patrie is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Ofcr. Patrie notes the following:

 

He was at Di Nos on October 13, 2020, for an unknown disturbance.  When there, he found people trying to get an intoxicated woman into a vehicle.  There were probably ten people yelling at her.  Inside the restaurant there were 15 to 20 people who were not wearing masks and not distancing.

 

 

Mr. Rodrigues asks if Ofcr. Patrie noticed the 8-foot barriers between tables.

 

Ofcr. Patrie responds no.

 

 

The next witness called by Mr. Milos is Officer Taylor Fay.  Ofcr. Fay is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Ofcr. Fay notes the following:

 

On October 25, 2020, shots were fired at Waterworks Car Wash.  There were two holes in the wall at Di Nos. 

 

The officer saw about 20 patrons inside without masks.  They were serving alcohol at the bar while trying to get the bar cleared.  The employees and owners were drinking shots and acting intoxicated.  The officer was there between three and four hours.

 

The next witness called by Mr. Milos is Lieutenant Robert Pickett.  Lt. Pickett is sworn in by Mr. Goldstein.

 

Upon questioning from Mr. Milos, Lt. Pickett notes the following:

 

He is familiar with Di Nos.  He was there on October 24, 2020 with an employee from the Department of Business Regulation (DBR) regarding COVID regulations.  He noted that the parking lot was full.  A male entered the building and said that the police were here.  When Lt. Pickett got to the door, he found that it was locked.  He knocked and had to wait three minutes to get in.  He could hear people inside saying that the cops were here.  The lieutenant waited at the door while the

There are no speakers.

 

DBR employee went inside for his inspection.  DBR and the Department of Health (DOH) issued Di Nos a 14-day suspension, as a minimum, or until they created a plan for COVID compliance.  Lt. Pickett believes they are still closed; they have not filed a plan.

 

 

Then next speaker is Stephanie Rodrigues, license holder.  Ms. Rodrigues is sworn-in by Mr. Goldstein.

 

She states that on September 4, a neighbor across the street slashed someone’s tire, which caused the fight.  She wants the city’s help.  She can’t police the whole neighborhood.  80% of the people loitering are not their tenants.  The murder was not from their place.  People from elsewhere fight in their lot. 

 

She wants an officer to patrol there.  They try to work with the police.  She doesn’t know what they can do.

 

 

Then next speaker is Gustavo Rodrigues, license holder.  Mr. Rodrigues is sworn-in by Mr. Goldstein.

 

Regarding the lack of masks, he states that they have barriers between tables.  Also, they don’t have to distance themselves if they have barriers.  He doesn’t know why officials say they are not obeying COVID rules,

 

Ms. Rodrigues wants help.  She states that she has a COVID plan.  They are still closed because they don’t feel safe there.

 

Councilor Kallman asks about having a detail officer there paid for by businesses in the area.

 

Ms. Rodrigues believes it is a valid option.

 

 

Councilor Kallman states that she is not going to move on the renewal of Di Nos’ license tonight;  not until she can sit down with the owners of the car wash, MamaJuana Restaurant and Di Nos Restaurant to discuss a joint detail officer.

 

There are no other speakers.

 

The hearing is closed.

 

The Board takes no action on this license.

 

 

THE FOLLOWING PETITION FOR LICENSE RENEWAL WAS POSTPONED AT THE MEETING HELD ON NOVEMBER 10, 2020 AND IS AGAIN TAKEN UP AND IS AGAIN POSTPONED UNTIL DECEMBER 21, 2020, ON A ROLL CALL VOTE, AS FOLLOWS:

 

AYES – President Moran, Councilors Araujo, Barry, Kallman, Mercer, Vasquez, Vitali and Wildenhain.

 

NOES – 0.

 

CLASS B VICTUALER

 

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

 

 

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the meeting is adjourned at 9:11 p.m.