Pawtucket Board of License Commissioners

Tuesday, May 11, 2021

 

 

A special session of the Pawtucket Board of License Commissioners is held Tuesday, May 11, 2021, at 6:01 p.m., via videoconference on ZOOM during the COVID-19 pandemic, per Governor’s orders up to and including 21-40.

 

Present – Chairperson Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Vasquez and Wildenhain.

 

Absent – Councilor Rudd.

 

Chairperson Moran presides.

 

 

Communication from David P. Moran, Council President, to the Honorable Members of the Pawtucket City Council, calling a Special Session of the Board of License Commissioners for Tuesday, May 11, 2021, at 6:00 p.m., is READ AND ORDERED FILED, on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Vasquez and Wildenhain.

 

NOES – 0.

 

 

Communication from Leslie Silva, Vibe Lounge & Hookah Bar, to Council President David P. Moran (Police Officers at Vibe Lounge) is READ AND ORDERED FILED, on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Vasquez and Wildenhain.

 

NOES – 0.

 

 

Communications from Captain David Holden, Pawtucket Police, to the Pawtucket Board of License Commissioners.  (Incidents on April 5, 11, 18 and 23, 2021, at Vibe Lounge & Hookah Bar (Vibe Lounge & Hookah Bar Inc.) 25 Broad Street) is READ AND ORDERED FILED, on a roll call vote, as follows:

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Vasquez and Wildenhain.

 

NOES – 0.

 

 

A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

 

CLASS B (Victualer) -

 

Vibe Lounge & Hookah Bar (Vibe Lounge & Hookah Bar Inc.) 25 Broad Street LIC#12810® #12813 (ent) 

 

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

 

Also present are Captain David Holden, Sergeant David Medeiros and Officer Sloan Kinney from the Pawtucket police department.  All three officers are sworn in by City Clerk Richard Goldstein.

 

Representing the license holders is Peter Petrarca, Esq., 330 Silver Spring St, Providence, RI 02904.

 

 

Mr. Milos states that he will be questioning the officers one incident at a time, beginning with April 5, 2021. 

 

Upon questioning from Mr. Milos, Sergeant Medeiros states that he knows the Vibe Lounge and all the restaurants downtown.  He works the 3^rd shift; he has been in charge of liquor compliance since November 2020.

 

He knows Victor Santos; he talks with him just about every weekend.

 

He worked that day (April 5, 2021) when the incident occurred.

 

At 1:28 a.m. the street near Vibe Lounge was closed; Sergeant Medeiros was in his vehicle. 

 

He noticed 4-5 males leave through the back door.  They were in a heated discussion.  The security guard tried to break them up, but he got sucker punched.  They were fighting.  

 

The men came out of Vibe Lounge

 

Sergeant Medeiros tried to stop the fight, but they ignored him.  He used the OC spray on them.  It had the desired effect.

 

Other officers showed up, they arrested the person who punched the security guard.  He was intoxicated, belligerent, incoherent; did not know where he was.

 

Speaking is Attorney, Peter Petrarca.

 

Upon questioning from Mr. Petrarca, Sergeant Medeiros states that he wrote a report about Mr. Alvarado who was arrested for disorderly conduct.   He did not think it important to put intoxication in the report.

 

Sergeant Medeiros states that the security guard who was sucker punched had 3-4 people on him

 

The parking lot is not owned by Vibe Lounge.

 

On April 11, 2021, Officer Sloan Kinney, was on duty. She was at Vibe Lounge at around 2:00 a.m.  She was doing a compliance check.  She noticed about 30 vehicles in lot.

 

She tried to enter the establishment but the door was locked.  She knocked on the door and the security guard let her in.

 

There were about 30 people inside talking and drinking.  She did a quick headcount.

 

The bartender was pouring drinks from a mixer tin – assumed that it was alcohol. There were people talking and drinking.

 

Officer Kinney told them that they should leave. She was told that the people inside were employees waiting for their pay.

 

Officer Kinney spoke with Victor Silva, who said that he did not know that 1:30 applied to workers. He said that the employees need to finish with money.

 

Sergeant Medeiros was called in because people were not complying with Officer Kinney’s directives.

 

Officer Kinney left and came back at 2:40 and there were still vehicles in the lot and lights were on.

 

Upon questioning from Attorney Petrarca, Officer Kinney states that she did not know if liquor was being poured.

 

 

Upon questioning from Mr. Milos, Sergeant Medeiros states that he was on duty, doing liquor compliance and was at Vibe Lounge at closing time.

 

He states that a large crowd was coming out at the back; someone in a Maserati was spinning his wheels; the people were not leaving.

 

He got called by the officer, so he came back and spoke with Victor Silva.  He told him the rules about leaving.

 

The person spinning his wheels at 1:15, came out of Vibe Lounge.

 

When called at 2:00 a.m., 15-20 people where there.

 

Victor Silva told him that he did not know the time for leaving. Sergeant Medeiros had told him the rules 3-4 time before April 11, 2021.

 

He went through the rules with Mr. Silva again; he showed him the ordinance.

 

Mr. Silva stated that he would call his friend Tim in the morning and that would take care of it. Sergeant Medeiros understands that Tim referred to Councilor Timothy Rudd, because he has used that several times with him and other officers.

 

The officers had to leave for other calls. He expected the people to leave.

 

At 2:40 a.m. the lights were on and 15 cars in the parking lot.

 

Lights off and lot empty at 4:00 a.m.

 

Upon questioning from Mr. Petrarca, Sergeant Medeiros states that he observed the person in the Maserati coming out of Vibe Lounge.

 

Upon questioning from Mr. Milos regarding April 18, 2021, Sergeant Medeiros worked that day. He worked in the main station.

 

At 1:15 a.m. Detective Captain Driscoll called in and said that he need assistance from more officers, because he couldn’t clear the parking lot and the streets.

 

Sergeant Medeiros got to the Vibe Lounge and saw large crowds, disobeying orders to leave.

 

There were probably between 150-200 people who came out from Vibe Lounge – only place open.  People in other establishments had gotten in their vehicles and dispersed.

 

There were 10-13 patrol vehicles there, every west sidecar was there, major crimes detectives helped.

 

Took 20 to 30 minutes to get them to leave.

 

Sergeant Medeiros and Detective Captain Driscoll, met with Victor Silva and again informed him of the rules.

 

There were 20 cars in the lot after crowed left.

 

At 1:35 p.m. there, where 15-20 people inside, Victor Silva said that they were all employees.   He said it takes time for them to clean and take care of their credit card bills and get paid.

 

They went inside and saw that they were employees.  Some were cashing out, some had drinks in their hands, and one was smoking a hookah.

 

Mr. Silva stated that he would call his friend Tim.

 

Took half hour to get everyone out, there were out at 2:05 a.m.

 

 

He doesn’t know for sure what the people were drinking.

 

Attorney Petrarca asks about the large crowd with cars parked in several lots.  Sergeant Medeiros states that they were from Vibe Lounge.  Upon questioning, Sergeant Medeiros states that the people in Mangos park in the front lot and in the Walgreens lot and the people in Punto Final park use the side lot and North Union Street.

 

90% of cars were from Vibe Lounge

 

Mr. Milos asks Deputy City Clerk Michelle Hardy to testify.

 

Ms. Hardy is sworn-in by City Clerk Richard Goldstein.

 

Michelle Hardy, Deputy City Clerk, has been working for 23 years; she handles licensing, probate court, vital records, and elections.

 

She works with license holders and is often the first point of contact with them.  She is familiar with Vibe Lounge and its proprietors.  She has spoken with Mr. Silva, about closing times.  They originally wanted a 2:00 a.m. closing time.  She stated that he can’t be open until 2 a.m.  She gave him the DBR rules on hours and showed him the city ordinance limiting closing time to 1:00 a.m.

 

The DBR rules state that patrons must be out of the establishment by 1:20 a.m. and employees must be out by 1:30 a.m.

 

She spoke with Mr. Silva many times on rules and hours.  She told Mr. Silva that he would have to talk to his city councilor if he wanted to change the law to see if they would entertain that.

 

Mr. Milos asks Ms. Hardy about November of 2019.

 

Mr. Petrarca objects to the question.  He states that this is new to him.  He asked Mr. Milos for discovery, received nothing, he doesn’t have complete reports and knows nothing about November of 2019, which is why he objections to the question.

 

Mr. Milos states that there are no discovery mechanisms for the Board of License Commissioners.  He only has the same police reports that Mr. Petrarca has.  Mr. Petrarca did not ask for a list of witnesses.

 

Upon questioning from Mr. Milos, Ms. Hardy states that she saw an advertisement on Vibe’s Facebook page regarding a 2 a.m. closing.

 

Iwona Wypasek (licensing clerk) reached out to Vibe Lounge about a 2:00 a.m. closing.  Ms. Hardy spoke to Mr. Silva also, telling him that the closing time is 1 a.m. not 2 a.m.  She reiterated to him about the ordinance prohibiting a 2:00 a.m. closing and again told him that he would have to speak to his city councilor about an ordinance change.

 

Mr. Milos addresses April 23, 2021.

 

Sergeant Medeiros states that he was on duty, doing liquor compliance.

 

Sergeant Medeiros got calls regarding Vibe Lounge about shots fired.  They were told that someone got shot inside. He sent all officers there.

 

Officer Kinney had trouble getting access into the establishment.  The security guard would not let them in, He said the shots were part of the music.  Sergeant Medeiros had to practically push is way into the building.  He told the security guard that they had to go inside to make sure no one was shot.

 

There where 200 people inside.

 

 

Victim was found on North Union Street.  Two officers were trying to help.  A crowd came around the victim.

 

People were leaving from every door.  The police had great difficulty getting them to disperse in an orderly fashion, which made it difficult for them to clear the area and allow the rescue to come in and render assistance to the gunshot victim.

 

The victim was 20 ft from the back door of Vibe Lounge.  He had several gunshot wounds and was unresponsive.

 

The police tried to question people; they made two arrests, one was a woman taunting the police and the other was a man for taunting a state police officer and his dog.  They were charged with disorderly conduct and obstructing.  They came out of the Vibe Lounge.  It was the only place open and they saw people coming out of the back door and trying to get into their vehicles.

 

The people came out of Vibe Lounge; it was the only place open.

 

911 calls came in about 12:50 a.m.

 

The victim was a patron of Vibe Lounge. 

 

The shooting was just outside the rear door of the Vibe Lounge.

 

Mr. Petrarca asks if the police officer knew that the shooter was escorted out of building 45-50 minutes before, Sergeant Medeiros, stated No.  He has not looked at the video in the police report. He believes that major crimes detectives have seen it.

 

Sergeant Medeiros did not see employees from Vibe trying to help them.  One of the patrol officers saw the victim lying on the ground.  It was Officer Mobrice who found him.  He was not told by owners where the victim was.  He spoke to people at the scene.

 

The bouncer blocked officers from going in and stated that the was no reason to come in.  The shooting was part of the music.  It was a Jamaican song and they use rounds going off in the music.

 

Captain Holden testifies regarding the incident on April 23, 2021.  He states that he looked into the matter; spoke with detectives and saw a small portion of the video.

 

Attorney Petrarca objects because it is not first-hand.  It is heresy testimony.

 

Captain Holden states that the video shows the suspect entering Vibe Lounge, he was seen on the inside surveillance of Vibe Lounge; he left shortly after and left the area.

 

He did not see anyone escorting the shooter out; he did not see the entire video.  The suspect entered shortly after the four people who were later victimized. 

 

Captain Holden believes there was someone at the door when people came in but he is not sure if there was a pat down.

 

He saw video of the shooting. It occurred about 30 feet from the Vibe Lounge door, near ARI, on the sidewalk.

 

On video the Captain sees the four people who were attacked enter the bar, then the shooter enters the bar.  He leaves and is seen on a different surveillance standing in a parking lot, seeming to be concealing himself, seeming to be waiting for someone to come out, then he speaks to a woman, then he goes back to the lot.  When the four people come out, he walks up to them, points a firearm at one person, then fires twice and misses another person, then fires five times at a third person, striking him five times. 

 

Mr. Petrarca asks about the video.  Captain Holden states that he looked at numerous videos including video from inside Vibe Lounge.  Someone from Major Crimes seized that video.  

 

 

Detectives also seized videos from surrounding businesses, which they have in their possession now.

 

Mr. Petrarca states that he will do a small closing.  Since he has not been able to see any video, he will not put on any witnesses; he states that he cannot put on a proper defense.

 

ATTORNEYS’ CLOSINGS

 

Mr. Petrarca states that on April 11, 2021, regarding the individual peeling out, Sergeant Medeiros said he saw him come out; however, the police report does not say that, it says they ID’d themselves and they were sorry.

 

Attorney Petrarca states that the fact is under Rhode Island law, because a shooting is near a club, does not ultimately mean the club is liable.  In the case of Van Gogh Lounge, DBR stated that a club is not liable if they handled what is going on inside the club. Mr. Petrarca cannot determine that because has not seen the video. He states that he has information that no one could see the shooter enter or leave the club, but he can’t present anything because he hasn’t seen the video.

 

Mr. Milos agrees with Mr. Petrarca that there must be a causal link between what happens inside vs outside a club or revocation or the most drastic remedy may not be available; Mr. Milos did not seen video either.  However, Captain Holden gave sworn testimony on what he has seen in the video.  Based on the information he has, the evidence shows that the shooter was inside the establishment and had some words with the group that was shot at outside. 

 

Mr. Milos believes there is sufficient evidence to show there was an egregious act that occurred on the premises and had causal link to things that happened inside the club.

 

The evidence regarding four matters occurring within a month clearly demonstrates, consistent with the summons and citations issued in this case, believes testimony and evidence shows causal link.

-        Disorderly house

-        Allowing Hookahs to be used

-        Allowing people (employees) stay in the establishment after hours after being told several times that it was in violation of city ordinance and DBR rules and regulations.

 

Captain Holden states at this time the police department requests that the Board revoke the license.

 

The hearing is closed.

 

 

Chairman Moran asks City Clerk Richard Goldstein to read two letters from Councilor Rudd regarding the Formal Hearing on Vibe Lounge, which are READ AND MADE PART OF THE RECORD.

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilors Araujo and DaRosa, the following license is PERMANENTLY REVOKED, for the following reasons, on a roll call vote as follows:

 

1.  On or about April 5, 11, 18 and April 23, 2021:  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, said disorderly behavior which included, but is not limited to, a shooting of a patron that occurred on or about the licensed premises; and/or permitting any of the laws of this state or ordinances of this city to be violated.  (Violation of R.I. Gen. Laws § 3-5-23).

 

2.   On or about April 11 and April 18, 2021: Operating and/or allowing employees to remain on or within the licensed premises after hours. (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 1.4.18 of the RI Department of Business Administration – Liquor Control Administration entitled “Hours of Business – Retail”). 

 

3.  On or about April 18 and April 23, 2021, use of Hookah Water Pipes by patrons within the licensed premises in violation of Section 7.4.1.(A)(11) of the Safe Regulations, which prohibits the use of hookah or waterpipes indoors, during the COVID-19 Pandemic.

 

AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Vasquez and Wildenhain.

 

NOES – 0.

 

CLASS B (Victualer) -

 

Vibe Lounge & Hookah Bar (Vibe Lounge & Hookah Bar Inc.) 25 Broad Street LIC#12810® #12813 (ent) 

 

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the meeting is adjourned at 7:44 p.m.