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Pawtucket Board of License Commissioners

Wednesday, September 8, 2021

 

 

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, September 8, 2021, at 7:26 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. Video

 

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

 

Absent – 0.

 

(Councilor Timothy P. Rudd, Jr. resigns from the Board of License Commissioners after the City Council meeting on August 25, 2021, due to relocating out of the city of Pawtucket).

 

Chairman Moran presides.

 

 

The reading of the records of August 25, 2021 is dispensed with and the records are APPROVED as prepared by the Clerk, Video Video

 

 

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

 

 

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

 

ENTERTAINMENT –

 

A.    Petition of Community Center Grupo Amigos Da Terceira, Inc. for a license to have a St. Vincent De Paul Feast at 55 Memorial Drive on Friday, September 10, 2021, from 6:00 p.m. to 12:00 a.m.; Saturday, September 11, 2021, from 4:00 p.m. to 12:00 a.m., and Sunday, September 12, 2021, from 12:00 p.m. to 9:00 p.m. LIC#14912

 

B.    Petition of The Empowerment Factory for a license to conduct the Healthy Living Community Event, at Payne Park, 225 West Avenue, on Sunday, September 19, 2021, from 12:00 p.m. to 3:00 p.m. LIC#14917 (PAWTUCKET ARTS FESTIVAL)

 

C.    Petition of Pawtucket YMCA, for a license to conduct a Back to School Block Party at 20 Summer Street, (outdoors), on Saturday, September 11, 2021, from 10:30 a.m. to 2:00 p.m., LIC#14915 (PAWTUCKET ARTS FESTIVAL)

 

FIREARMS Renewal -

 

John Francis d/b/a Competition Shooting Supplies, 435 Benefit St. LIC#3074

 

HOLIDAY LICENSE New –

 

Lucky’s Smoke World (Lucky’s Smoke World, LLC) 399 Broadway, LIC#14920

 

PIGEON LOFT Renewals -

 

Luiz, James, 163 Division St. LIC#3100

Sousa, Filomina, 9 Winter St. LIC#3104

Zervas, Petros, 27 Harrison St. LIC#3105

 

 

WASTE HAULERS Renewal –

 

Waste Management of Rhode Island (Waste Management of Rhode Island Inc.) 1610 Pontiac Avenue, Cranston, RI, (18) LIC#3361

 

 

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

 

AUTO REPAIR SHOP Transfer –

 

Leer’s Auto Body (Concepcion Corp.) 276 Beverage Hill Avenue, LIC#14901 (Transfer from Leer’s Auto Body (Leer’s Auto Body Inc.))

 

Speaking in favor is Joshua Concepcion, 6 South Carpenter Street, East Providence, RI, applicant.

 

Mr. Concepcion states that it will be just auto body and associated repair; it will continue as it is.

 

He has been working at this establishment for four months.  The hours of operation will be the same.   He will mostly do insurance repairs and will have up to ten employees.

 

His background is in commercial banking. He has a small repair shop in Barrington.

 

Mr. Conception will be working half the time in the office and half the time in the back.

 

There are no other speakers. The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the following license is APPROVED on a unanimous voice vote:

 

AUTO REPAIR SHOP Transfer –

 

Leer’s Auto Body (Concepcion Corp.) 276 Beverage Hill Avenue, LIC#14901 (Transfer from Leer’s Auto Body (Leer’s Auto Body Inc.))

 

 

 

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

 

CLASS B (VICTUALLER) Transfer –

 

Badger’s Pub (Badger’s Pub, LLC) 132 Japonica Street, LIC#14885 (ent)

(Transfer from KCS Tap (K.J. Cummings Inc.))

 

Speaking in favor is Jason Badger, 27 Chase Street, Pawtucket, RI, applicant.

 

Also present is Michael Horan, 393 Armistice Boulevard, Pawtucket, RI., attorney for the applicant.

 

Mr. Horan states that Mr. Badger will operate a similar business to KC Tap.

 

Mr. Badger states that they support veterans. They will have a turkey drive and a coat drive for veterans.

 

He states that they have redone the inside of the establishment.

 

There are no other speakers. The hearing is closed.

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

Upon motion made by Councilor Wildenhain, seconded by Councilor Araujo, the following license is APPROVED on a unanimous voice vote:

 

CLASS B (VICTUALLER) Transfer – Video

 

Badger’s Pub (Badger’s Pub, LLC) 132 Japonica Street, LIC#14885 (ent)

(Transfer from KCS Tap (K.J. Cummings Inc.))

 

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE 1st Class Transfer –

 

Badger’s Pub (Badger’s Pub, LLC) 132 Japonica Street, LIC#14881

(Transfer from KCS Tap (K.J. Cummings Inc.))

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE: Video

 

PINBALL & AMUSEMENT DEVICES New -  

 

Badger’s Pub (Badger’s Pub, LLC) 132 Japonica Street, (1) LIC#14887

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE: Video

 

POOL TABLE New –

 

Badger’s Pub (Badger’s Pub, LLC) 132 Japonica Street, (1) LIC#14886

 

 

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

 

CLASS B (VICTUALLER) New –

 

Blackstone RI (Blackstone RI LLC) 25 Maple Street, LIC#14892® (ent)

 

Speaking in favor is Kobi Dennis, 253 Mt. Pleasant Avenue, Providence, RI, applicant.

 

Mr. Dennis states that he will have a theater/jazz lounge for adults 30 years old and older.

 

He is a man of the people and will hire local workers to work on the establishment.  He will also have about 12-18 employees.

 

He will have family events similar to PPAC.  He expects seating to be for approximately 125-150 people.

 

The hours for the theater will be 6:00 p.m. until 9:00 p.m. and for the jazz club will be 7:00 p.m. until midnight.

 

He will use the parking lot for Black Lives Matter, which has 100 spaces, and they will use the parking garage.

 

There are no other speakers. The hearing is closed.

 

 

THE CHAIR RECOGNIZES COUNCILOR DAROSA.

 

Upon motion made by Councilor DaRosa, seconded by Councilor Araujo, the following license is APPROVED on a unanimous voice vote:

 

CLASS B (VICTUALLER) New –

 

Blackstone RI (Blackstone RI LLC) 25 Maple Street, LIC#14892® (ent)

 

 

COUNCILOR MERCER LEAVES THE CHAMBERS AT 7:49 P.M.

 

 

THE FOLLOWING PETITION FOR LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE: Video

 

VICTUALLING HOUSE First Class New –

 

Blackstone RI (Blackstone RI LLC) 25 Maple Street, LIC#14891

 

 

 

THE FOLLOWING PETITION FOR A LICENSE IS APPROVED ON A UNANIMOUS VOICE VOTE: Video

 

A.    Class F-1 (Full Privilege)

 

Petition of Pawtucket Arts Festival Committee to sell alcoholic beverages at the Pawtucket Arts Festival, at Closed Street on Blackstone Avenue, (Approx #80) on Tuesday, September 14, 2021, from 4:00 p.m. to 10:00 p.m., LIC#14921

 

 

COUNCILOR MERCER RETURNS TO THE CHAMBERS AT 7:51 P.M.

 

 

Communication from Captain David Holden, Pawtucket Police Department to Pawtucket Board of License Commissioners. (Incident on August 28, 2021 - *Club 67 Hookah Lounge, 602 Smithfield Avenue) is READ AND ORDERED FILED. Video

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilors Araujo and Vasquez, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to issue a summons to Mingo’s and Sons Inc. d/b/a *Club 67 Hookah Lounge, 602 Smithfield Avenue, to appear at a FORMAL HEARING on Wednesday, September 22, 2021, for the following reason:

 

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)

 

 

 

Communication from Captain David Holden, Pawtucket Police Department to Pawtucket Board of License Commissioners. (Incident on August 28, 2021 – International Club and Billar, 327 Barton Street) is READ AND ORDERED FILED. Video

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilor Schuette, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to issue a summons to International Club and Billar, Inc., 327 Barton Street, to appear at a FORMAL HEARING on Wednesday, September 22, 2021, for the following reason:

 

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 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).

 

 

Communication from Captain David Holden, Pawtucket Police Department to Pawtucket Board of License Commissioners. (Incidents on August 28 and 29, 2021 – Vibe Lounge, 23 Broad Street) is READ AND ORDERED FILED. Video

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

With majority consent of the Council, the following motion made by Councilor Mercer, seconded by Councilors Vasquez and Wildenhain, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to issue a summons to Vibe Lounge Inc. d/b/a Vibe Lounge & Hookah Bar, 23 Broad Street, to appear at a FORMAL HEARING on Wednesday, September 22, 2021, for the following reason:

 

1.     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 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).

 

 

A FORMAL HEARING ON THE FOLLOWING IS TAKEN UP: Video

 

CLASS B (Victualer) (ent) -

 

Vibe Lounge & Hookah Bar (Vibe Lounge Inc.) 23 Broad Street LIC#12810® #12813 (ent) 

 

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

 

Also, present is Peter Petrarca, 330 Silver Spring Street, Providence, RI, attorney for the license holder.

 

Mr. Milos states that Attorney Petrarca is not contesting the facts and accepts the statements made in the police narrative reports.  

 

Mr. Petrarca states that his client has been operating the business since 2018 and playing music until 1:00 a.m.  Over the past three weeks, they have taped others doing the same thing.  He recommends a warning or a fine. He states that detail officers hear music at other locations, but choose to ignore it.

 

Mr. Milos states that Vibe Lounge did the same thing two nights in a row, in essence, giving them a warning on the first night.

 

The hearing is closed.

 

 

THE CHAIR RECOGNIZES COUNCILOR MERCER.

 

Upon motion made by Councilor Mercer, seconded by Councilor Wildenhain, the Board restricts THE ENTERTAINMENT LICENSE OF VIBE LOUNGE AND HOOKAH BAR (VIBE LOUNGE INC) 23 BROAD STREET, TO CEASE AT 11:30 P.M., PURSUANT TO SECTION 260-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, on a roll call vote, for the following reason:

 

1.     On or about July 17, and July 18, 2021:  Entertainment after hours. 

Violation of Pawtucket Ordinance § 260-14 entitled “Licensing Regulations – Hours of Operations.

 

AyesPresident Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Schuette, Vasquez and Wildenhain.

 

Noes – 0.

 

 

 

A FORMAL HEARING ON THE FOLLOWING IS TAKEN UP: Video

 

CLASS B (Victualer) –

 

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

 

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

 

Also present is Nicholas Hemond, attorney for the license holder.

 

Mr. Milos states that there were four incidents listed.  He withdraws the July 10th charge.

 

Mr. Hemond states that the license holders do not challenge the facts of the police reports.

 

Mr. Milos states that there is an agreement for the Board to consider – which includes a 2-day suspension (September 9 and 10, 2021), a $2,000.00 fine and one detail officer on Fridays and Saturdays for four weeks. 

 

Also, the business must be closed until its corporate authority is reinstated.

 

Mr. Hemond states that his clients will not appeal this decision unless the Board decides to continue the details after four weeks.

 

Mr. Hemond states that if the issues continue, the owners will put in new security.

 

Several Board members state that they want there to be two details for the security of the police officers and suggest reducing the fine $1,000.

 

Mr. Hemond states that his clients will agree to this.

 

The hearing is closed.

 

 

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO.

 

Upon motion made by Councilor Araujo, seconded by Councilor Mercer, THE LIQUOR LICENSE OF INTERNATIONAL CLUB & BILLAR, 327 BARTON STREET, IS SUSPENDED FOR A PERIOD OF TWO (2) DAYS (THURSDAY, SEPTEMBER 9, 2021, AND FRIDAY, SEPTEMBER 10, 2021); A FINE IN THE AMOUNT OF $1,000.00 IS IMPOSED; AND A STIPULATION REQUIRING 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 IS ADDED, on a roll call vote, for the following reasons:

 

1.  On or about July 17 and July 18, 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 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 July 17, 2021: Operating 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”).

 

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

 

Noes – 0.

 

 

 

A FORMAL HEARING ON THE FOLLOWING IS TAKEN UP: Video

 

CLASS B (Victualer) –

 

**Mangos Hookah Lounge (Princess Investments LLC) 17 Exchange St. LIC#11206® #11212 (ent)

Stipulations.

1.     Detail Officer from 10:00 p.m. to 2:00 a.m., on Thursdays, Fridays and Saturdays.

2.     End outdoor seating at 9:00 p.m.

 

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

 

Also present is William J. Lynch, Esq., attorney for the license holders.

 

Mr. Milos states the owners are not contesting the facts in this matter.

 

Mr. Lynch states that there has been no repetition of the music violation. The license holders have hired a new security company.

 

Mr. Lynch recommends a reprimanded.  He states that his client listed to the officers and followed the directive to turn the music off.   He states that it is not the same facts as the prior formal hearing for the other establishment.

 

The hearing is closed.

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

A motion is made by Councilor Wildenhain, seconded by Councilor Mercer, to IMPOSE A STIPULATION TO THE LICENSE OF MANGOS HOOKAH LOUNGE (PRINCESS INVESTMENTS LLC), 17 EXCHANGE STREET, RESTRICTING ENTERTAINMENT TO NO LATER THAN 12:00 MIDNIGHT, which is DEFEATED on a roll call vote, as follows:

 

Ayes – Councilors Mercer and Wildenhain.

 

Noes – President Moran, Councilors Araujo, DaRosa, Gregor, Schuette and Vasquez.

 

 

THE CHAIR RECOGNIZES COUNCILOR DAROSA.

 

A motion is made by Councilor DaRosa, seconded by Councilor Mercer, to IMPOSE A FINE IN THE AMOUNT OF $1,000.00 TO THE LICENSE HOLDERS OF MANGOS HOOKAH LOUNGE, 17 EXCHANGE STREET, AND ALLOW THE LICENSE HOLDERS TO REQUEST THE ELIMINATION OF DETAILS IN FOUR WEEKS TIME, which is DEFEATED on a roll call vote, as follows 

 

AyesCouncilors DaRosa and Vasquez.

 

Noes – President Moran, Councilors Araujo, Gregor, Mercer, Schuette and Wildenhain.

 

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO.

 

Upon motion made by Councilor Araujo, seconded by Councilor Mercer, the Board RESTRICTS THE ENTERTAINMENT LICENSE OF MANGOS HOOKAH LOUNGE (PRINCESS INVESTMENTS, LLC) 17 EXCHANGE STREET, TO CEASE AT 12:00 A.M. FOR A PERIOD OF FOUR WEEKS, PURSUANT TO SECTION 260-14 OF THE CODE OF ORDINANCES OF THE CITY OF PAWTUCKET, A FINE IS IMPOSED ON THE LIQUOR LICENSE IN THE AMOUNT OF $500.00 AND THE STIPULATION TO REQUIRE A DETAIL OFFICER ON THURSDAY EVENING’S IS REMOVED, on a roll call vote, for the following reasons:

 

1.     On or about July 11, 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 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 August 7, 2021:  Entertainment after hours. 

Violation of Pawtucket Ordinance § 260-14 entitled “Licensing Regulations – Hours of Operations.

 

AyesPresident Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Schuette and Vasquez.

 

Noes – Councilor Wildenhain.

 

 

Upon motion made by Councilor Mercer, seconded by Councilor Schuette, the meeting is adjourned at 9:37 p.m. Video

 

 

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