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Pawtucket Board of License Commissioners

October 6, 2021

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, October 6, 2021, at 6:59 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI.

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

Absent – 0.

Chairman Moran presides.

The reading of the records of September 22, 2021 and September 28, 2021 is dispensed with and the records are APPROVED as prepared by the Clerk,

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the *Consent Agenda is APPROVED, on a unanimous voice vote.

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

ENTERTAINMENT –

Petition of Blessed Land Church for a license to conduct a Blessed Fest at 1600 Newport Avenue on Saturday, October 23, 2021, from 8:00 a.m. to 6:00 p.m., (Rain Date: Sunday, October 24, 2021) LIC#14949

Petition of News Café, to conduct a Halloween Party at 43 Broad Street (parking lot) on Saturday, October 30, 2021, from 5:00 p.m. to 11:00 p.m. LIC#14959

Petition of St. Mary Antiochian Orthodox Church to conduct an Annual Bazaar at Church Hall at 1 St. Mary Way, on Friday, November 5, 2021, from 5:00 p.m. until 8:00 p.m.; Saturday, November 6, 2021, from 9:00 a.m. until 9:00 p.m.; and on Sunday, November 7, 2021, from 11:30 a.m. until 5:00 p.m., LIC#14964

FIREARMS Renewal –

Lost Treasures LLC d/b/a Lost Treasures, 242 Middle St. LIC#10888

HOLIDAY LICENSE New –

Game of Smoke #3 (Smithfield Avenue Smoke Shop Inc.) 1 Colfax Street, LIC#14951

VICTUALLING HOUSE First Class New –

Dunkin (Smithfield Ave Donuts LLC) 1 Colfax Street, LIC#14953

Thai Basil (Silakone, Mollie) 484 Newport Avenue, LIC#14957 (Prev. Thai Basil LLC)

VICTUALLING HOUSE First Class Transfer –

The Bucket Nutrition (Sena Source LLC) 863 Newport Avenue, LIC#14950

(Transfer from C401 Nutrition Breakfast LLC)

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

A. ENTERTAINMENT –

Petition of St. Mary Antiochian Orthodox Church to conduct a Hafli Dance in the Church Hall at 1 St. Mary Way, on Saturday, October 16, 2021, from 8:00 p.m. until 12:30 a.m., LIC#14961

B. CLASS F-1 (Full Privilege) –

Petition of St. Mary Antiochian Orthodox Church to sell alcoholic beverages at a Hafli Dance in the Church Hall at 1 St. Mary Way, on Saturday, October 16, 2021, from 8:00 p.m. until 1:00 a.m., LIC#14965

Decision and Order from Department of Business Regulation, to Pawtucket Board of License Commissioners. (Vibe Lounge & Hookah Bar (Vibe Lounge & Hookah Bar Inc.)) is READ AND ORDERED FILED.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilor Gregor, the agenda is amended to include the following communication, on a unanimous voice vote:

Communication from Captain David Holden, Pawtucket Police Department, to Pawtucket Board of License Commissioners. (Nova Churrasqueira Restaurant, 434 Broadway – Random checks of the business - No violations)

Upon motion made by Councilor Wildenhain, seconded by Councilor Gregor, the following communication is READ AND ORDERED FILED:

A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:

CLASS B (Victualer) –

**Nova Churrasqueira Restaurant (Adelina Production Inc.) 434 Broadway LIC#8011 #8014 (ent)

Stipulations.

1. There shall be one (1) parking space for every 4 patrons.

2. Dumpster shall be located in parking lot; shall be enclosed within fencing. Rubbish shall be removed at a reasonable time, not to be offensive to the neighbors.

3. Management shall be responsible for traffic control of patrons by posting parking policy inside establishment.

4. Must have police detail officer on any day or night they have entertainment.

5. Entertainment License Restricted to no later than 12:00 a.m.

Present on behalf of the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.

Mr. Milos states that this matter is considered a first offense, as the last issue at this establishment was in 2013. Mr. Milos states that the license holder, Filipe Andrade, would agree to enter a Plea of Nolo Contendre and would accept a fine in the amount of $500.00.

Present on behalf of the establishment is Filipe Andrade, President, Adelina Productions, Inc.

Mr. Andrade accepts the Plea of Nolo Contendre and the fine of $500.00

Councilor Wildenhain states that he does not want to see an incident happen again.

There are no other speakers. The Formal Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

Upon motion made by Councilor Wildenhain, seconded by Councilor Schuette, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE BY NOVA CHURRASQUEIRA RESTAURANT (ADELINA PRODUCTION INC.) 434 BROADWAY, AND ORDERS A FINE IN THE AMOUNT OF $500.00 TO BE PAID WITHIN 30 DAYS, for the following reasons, on a unanimous voice vote:

1. On or about September 11, 2021: Violation of the following stipulations placed on the liquor license

· Must have police detail officer on any day or night they have entertainment

· All entertainment must be stopped by 12:00 midnight.

2. On or about September 11, 2021: Entertainment after hours. Violation of Pawtucket Ordinance § 260-14 entitled “Licensing Regulations – Hours of Operations.

THE FOLLOWING FORMAL HEARING WAS POSTPONED AT THE MEETING HELD SEPTEMBER 22, 2021, AND IS AGAIN TAKEN UP:

CLASS B (Victualer) –

**Club *67 (Mingo’s and Sons Inc.) 602 Smithfield Ave. LIC#6205 (ent)

Stipulation.

Back door must be closed at all times.

Present on behalf of the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.

Mr. Milos states that this matter is considered a first offense. He states that the license holder, Domingo Baptista, would agree to enter a Plea of Nolo Contendre and would accept a fine in the amount of $500.00.

Present on behalf of the establishment is Domingo Baptista, President, Mingo’s and Sons, Inc.

Mr. Baptista accepts the Plea of Nolo Contendre and the fine of $500.00. He states he was not present at the time of the incident as he had left early that evening and his son was to close the establishment.

There are no other speakers. The Formal Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Schuette, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE BY CLUB *67 (MINGO’S AND SONS INC.) 602 SMITHFIELD AVE., AND ORDERS A FINE IN THE AMOUNT OF $500.00 TO BE PAID WITHIN 30 DAYS, for the following reason, on a unanimous voice vote:

1. On or about August 28, 2021: Operating after hours. (Violation of R.I. Gen. Laws § 3-7-7, Pawtucket Ordinance § 108-18 and Rule 18 of Liquor Control Administration)

THE FOLLOWING FORMAL HEARING WAS POSTPONED AT THE MEETING HELD SEPTEMBER 22, 2021, AND IS AGAIN TAKEN UP, ALONG WITH NEW INCIDENTS ON SEPTEMBER 11, 2021:

CLASS B (Victualer) –

**International Club & Billar (International Club & Billar Inc.) 327 Barton Street, LIC#7792 #7795 (ent)

Stipulation.

1. Two police detail officers on Friday and Saturday nights from 10:00 p.m. until 2:00 a.m. for a period of one month, beginning 9/8/2021.

Present on behalf of the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.

Mr. Milos states that states that he has spoken with the attorney, Brandon Ruggieri, Esq., appearing this evening in place of Nicholas Hemond, Esq. regarding a disposition.

He states that the August 28^th incident was not a severe matter. However, the incident on September 11^th was more concerning. The proposal is for the license holder to enter a plea of Nolo Contendre and to maintain the current stipulation for two police officers on Friday and Saturday nights from 10:00 p.m. until 2:00 p.m. for an additional 60 days. In addition, the proposal includes a 4-day suspension, which will be stayed for 6 months.

Mr. Milos states that both Captain David Holden of the Police Department and Captain David Goldstein, Fire Marshall, are happy with the level of cooperation they have received from the license holders over the last month. He states that there is an agreement in place that the license holder will reach out to the Fire Marshall for a fire detail any time that they expect to have more than 300 people at an event and at no time will they exceed the 441-person capacity.

Mr. Milos states that if any additional problems occur within the 6-month period, the license holder would be required to serve their 4-day suspension (two Fridays and Saturdays) in addition to any other penalties for any new violations.

Speaking on behalf of the license holder is Brandon Ruggieri, Esq., attorney. Mr. Ruggieri that his client would agree to enter a plea of Nolo Contendre and accept the penalties as outlined by Mr. Milos. He states that since the date of these violations, the license holder has been very cooperative. They have changed the security company and they understand that the capacity is a maximum of 441 for all people.

There are no other speakers. The Formal Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilors Araujo and Gregor, the Board ACCEPTS THE PLEA OF NOLO CONTENDRE BY INTERNATIONAL CLUB & BILLAR (INTERNATIONAL CLUB & BILLAR INC.) 327 BARTON STREET, AND ORDERS THAT THE LICENSE IS SUSPENDED FOR A PERIOD OF FOUR (4) DAYS, SPECIFICALLY ON FRIDAYS AND SATURDAYS, WHICH IS STAYED FOR A PERIOD OF SIX (6) MONTHS, AND THE FOLLOWING STIPULATION REMAINS IN PLACE FOR AN ADDITIONAL SIXTY (60) DAYS, on a unanimous voice vote:

Stipulation.

1. Two police detail officers on Friday and Saturday nights from 10:00 p.m. until 2:00 a.m. for a period of two months, beginning 10/06/2021.

THIS ORDER IS FOR THE FOLLOWING VIOLATIONS:

1. On or about August 28, 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; and/or creating or causing a public nuisance; and/or permitting any of the laws of this state or ordinances of this city to be violated. (See attached report) (Violation of R.I. Gen. Laws § 3-5-21 and R.I. Gen. Laws § 3-5-23).

2. On or about September 11, 2021: Allowing admissions in excess of the maximum occupancy in violation of R.I. Gen. Laws § 23-28.6-5 and/or endangering the health, safety and welfare of the general public and/or violating the terms and conditions of your license (See attached report) (Violation of R.I. Gen Laws § 3-5-21 and § 3-5-23)

THE BOARD OF LICENSE COMMISSIONERS RECESSES AT 7:35 P.M.

THE BOARD OF LICENSE COMMISSIONERS RECONVENES AT 7:50 P.M.

THE FOLLOWING FORMAL HEARING WAS POSTPONED AT THE MEETING HELD SEPTEMBER 22, 2021, AND IS AGAIN TAKEN UP:

CLASS B (Victualer) -

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

Stipulation.

1. Entertainment License Restricted to no later than 11:30 p.m.

THE FOLLOWING COMMUNICATION IS ALSO TAKEN UP:

Communication from Peter J. Petrarca, Esq., Petrarca & Petrarca Law Offices, to Pawtucket Board of License Commissioners. (Motion for Reconsideration of the restriction on its Entertainment License.) is READ AND ORDERED FILED.

Present on behalf of the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.

Mr. Milos states that he has spoken with the attorney, Peter Petrarca, Esq., regarding a proposed disposition. He also states that he had a fruitful meeting with Mr. Petrarca, the license holder, and the Police last week. The detail plan presented this evening has been approved by Tina Goncalves, Chief of Police, Captain David Holden and Major Shawn Driscoll. The Police Department is requesting the following plan be implemented:

Vibe Lounge Detail Plan

On September 28, 2021, Pawtucket City Solicitor Frank Milos and Captain Holden met with the attorney representing Vibe Lounge, Peter Petrarca, and his clients, Victor and Leslie Silva. Attorney Petrarca requested the meeting which was held in city Solicitor’s office. During the meeting, there was a discussion on how Vibe’s security could assist the police department with controlling pedestrian and vehicle traffic during closing time. After the meeting, Captain Holden met with Major Driscoll to discuss some options that could assist with controlling the crowds. As a result, the police department has approved the following detail plan:

1. Increase the number of detail officers from two (2) officers to three (3) officers and (1) supervisor for a total of four (4) detail officers. Officers will be assigned to the detail on each Friday and Saturday night from 10:00pm to 2:00am

2. Detail officers shall utilize a total of three marked patrol vehicles to increase police visibility.

3. At 1:00am, one (1) marked police vehicle will block traffic at the intersection of Summer St. and on N. Union St. preventing traffic from traveling East on N. Union St. This will allow traffic to freely move out of the Atrium on Main parking lot.

4. At 1:00am, one (1) marked police vehicle will block traffic at the intersection of Broad St. and Goff Ave. preventing traffic from traveling East on Broad St. This will allow traffic to freely move out of the News Café parking lot onto either Broad St. or Summer St.

5. All party buses will park across from 23 Broad St. Patrons who arrived on a party bus will exit Vibe Lounge from the Broad St. exit to enter the bus.

6. Two (2) of the detail officers referenced in paragraph 1 above will monitor the parking lots and assist with directing traffic.

7. Vibe security will assist the detail officers in moving patrons to their vehicles that are parked in the News Café parking lot and the Atrium on Main parking lot.

8. Vibe management will provide the promoter’s information to the police department’s designee every Thursday.

It is the police department’s anticipation that by implementing the above measures, the number of disorderly conduct related calls at and around Vibe Lounge at closing time will be reduced. By temporarily blocking traffic for 15-20 minutes on a small section of both Broad St. and North Union St., traffic should move more quickly out of the area and prevent vehicles from circling the block.

Mr. Milos states that in addition to the implementation of this detail plan, they have agreed to a $1,000 fine and a five (5) day suspension, which will be stayed for 6 months. The license holder is also requesting as part of this agreement to have their entertainment reinstated to 12:30 a.m.

Speaking on behalf of the license holder is Peter Petrarca, Esq., attorney. Mr. Petrarca states that it is his fault that his client kept the music on the second night. He told them to stay open. He states that his client has a very good security staff and have worked out a collaboration between the security and the police. He asks that this detail be reviewed every 60 days as it may not be financially feasible to have the additional details. He may request that the details be split between all license holders in the area. Mr. Petrarca states that he believes that this is a good plan.

There are no other speakers. The Formal Hearing is closed.

THE CHAIR RECOGNIZES COUNCILOR MERCER.

Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the Board ORDERS THE DETAIL PLAN BE ADOPTED BY AND THE PENALTIES IMPOSED ON VIBE LOUNGE & HOOKAH BAR (VIBE LOUNGE & HOOKAH BAR INC.) 25 BROAD STREET, on a unanimous voice vote, as follows:

1. That Vibe Lounge & Hookah Bar, Inc. (hereinafter “Vibe Lounge”) agrees to be bound by the “Vibe Lounge Detail Plan” prepared by the Pawtucket Police Department; said Detail Plan, as outlined above.

2. That the terms of said Detail Plan shall remain in force and effect for no less than six (6) months; however, at Vibe Lounge’s request/motion, the Board shall review the terms of said Detail Plan in sixty (60) days relative to the fiscal impact of said Detail Plan on Vibe Lounge.

3. That in consideration of Vibe Lounge agreeing to be bound by the terms of the “Vibe Lounge Detail Plan”, the Board grants Vibe Lounge’s Motion for Reconsideration of the Restriction on its Entertainment License and hereby allows Vibe Lounge to resume having entertainment at its license premises until 12:30 a.m.

4. That Vibe Lounge admits to the disorderly house allegations asserted by the Pawtucket Police Department, as follows:

On or about August 28 and August 29, 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; and/or creating or causing a public nuisance; and/or permitting any of the laws of this state or ordinances of this city to be violated. (Violation of R.I. Gen. Laws § 3-5-21 and R.I. Gen. Laws § 3-5-23).

5. As a result of the aforementioned admission of violations of license, the parties agree that the Board shall hereby suspend the Class BV liquor license of Vibe Lounge for a period of five (5) days and impose a fine in the amount of $1,000.00; however, the imposition of the aforementioned license suspension and payment of the aforementioned fine is stayed for a period of six (6) months.

6. If the Board has reason to impose the license suspension and/or impose the payment of the aforementioned fine, during the six (6) month stay period, then said license suspension shall be for three consecutive Fridays and two consecutive Saturdays, and the fine shall be paid to the City of Pawtucket within a period of thirty (30) days.

Upon motion made by Councilor Mercer, seconded by Councilor Schuette, the meeting is adjourned at 8:11 p.m.