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Pawtucket Board of License Commissioners
Wednesday February 9, 2022
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, February 9, 2022, at 6:48 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 
Present – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.
Absent – 0.
Chairperson Moran presides.
The reading of the records of January 19, and January 25, 2022 is dispensed with and the records are APPROVED as prepared by the Clerk,
Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the *Consent Agenda is APPROVED, on a unanimous voice vote.
*THE FOLLOWING PETITIONS FOR LICENSES ARE APPROVED ON A UNANIMOUS VOICE VOTE:
DOOR-TO-DOOR Renewal -
Trinity Solar (Trinity Solar Inc.) 7 McKee Place, Cheshire, CT LIC#14602
HOLIDAY LICENSE New –
Block Convenience (Core Collaborative, LLC) 217 Main Street, LIC#15049
VICTUALLING HOUSE 1st Class New –
Wise Guys Deli Pawtucket (Wise Guys Deli Pawtucket LLC) 511 Broadway, LIC#15046
UPON UNANIMOUS CONSENT OF THE BOARD, THE BOARD TAKES UP THE FOLLOWING MATTER AT THIS TIME:
RECONSIDERATION AND/OR AMENDMENT TO THE ORDER OF THE BOARD FROM THE MEETING ON JANUARY 19, 2022, TO THE INTERNATIONAL CLUB & BILLAR (INTERNATIONAL CLUB & BILLAR, INC.) 327 BARTON STREET.
City Solicitor Frank Milos and Attorney Nick Hemond agree that the reason for the appeal of the January 19, 2002 Order by the Board was the wording of the requirement for continued detail officers at the establishment.
Mr. Milos notes that if the Board decides to revise the Order regarding the detail officers, then International Club and Billar will drop their appeal with prejudice.
Upon motion made by Councilor Stachowiak, seconded by Councilor Mercer, the request to reconsider and/or amend the order of the Board of License Commissioners from the meeting on January 19, 2022, to the International Club & Billar (International Club & Billar, Inc.) 327 Barton Street, is APPROVED as follows, on a unanimous voice vote:
· THE FOLLOWING STIPULATION IS TO REMAIN IN PLACE UNTIL AN ACCEPTABLE ALTERNATIVE PLAN IS PRESENTED AND APPROVED BY THE CITY COUNCIL.
· THE FOLLOWING STIPULATION IS TO REMAIN IN PLACE FOR AN ADDITIONAL SIXTY (60) DAYS
Stipulation
1. Two police detail officers of Friday and Saturday Nights from 10:00 p.m. until 2:00 a.m.
A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer) –
**International Club & Billar (International Club & Billar Inc.) 327 Barton St. LIC#7792® #7795 (ent)
Stipulation.
1. Two police detail officers of Friday and Saturday Nights from 10:00 p.m. until 2:00 a.m. for a period of two (2) months, beginning October 8, 2021 60 days, beginning on January 19, 2022.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Representing the International Club and Billar is Attorney Nick Hemond.
Mr. Milos states that Mr. Hemond is not contesting the facts of the matter, which involve the sale of liquor to three patrons under age 21.
Mr. Hemond states that the license holders are reorganizing the establishment
Mr. Hemond submits a new security plan for the establishment to prevent issues in the future. Mr. Hemond discusses the plan. He states that the club is taking remedial action. He states that the underage drinking is a matter of procedure. He states that there will be additional changes
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
Upon motion made by Councilor Stachowiak, seconded by Councilor Mercer, the Board IMPOSES ON THE LICENSE HOLDERS OF INTERNATIONAL CLUB & BILLAR (INTERNATIONAL CLUB & BILLAR INC.) 327 BARTON ST., A FINE IN THE AMOUNT OF $1,000.00 TO BE PAID WITHIN 30 DAYS, AND A TWO-DAY SUSPENSION ON MARCH 11, 2022 AND MARCH 12, 2022 for the following reason, on a unanimous voice vote:
1. On or about January 1, 2022: Selling Intoxicating Beverages to Minor(s) on the Licensed Premises (RIGL 3-8-1)
A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualer) –
**Tikal Restaurant & Lounge (International Club & Billar Inc.) 139 Broad St. LIC#13002® #13003 (ent)
Stipulation.
1. Close at 12 Midnight, Sunday through Wednesday, and at 1:00 a.m., Thursday through Saturday.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Representing the Tikal Restaurant and Lounge is Attorney Nick Hemond.
Mr. Milos states that Mr. Hemond is not contesting the facts of the matter.
He notes that the owner of this establishment is the same as the owner of the International Club and Billar.
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He states that this is a first offense at this location. However, he is recommending a $1,000 fine because of the occurrence at the International Club and Billar.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
Upon motion made by Councilor Stachowiak, seconded by Councilor Wildenhain, the Board IMPOSES ON THE LICENSE HOLDERS OF TIKAL RESTAURANT & LOUNGE (INTERNATIONAL CLUB & BILLAR INC.) 139 BROAD ST., A FINE IN THE AMOUNT OF $1,000.00 TO BE PAID WITHIN 2 WEEKS for the following reason, on a unanimous voice vote:
1. On or about January 1, 2022: Selling Alcohol 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”).
THE FOLLOWING PUBLIC HEARING WAS POSTPONED AT THE MEETING HELD DECEMBER 8, 2021 AND IS AGAIN TAKEN UP:
AUTO REPAIR & SECOND HAND SHOP (Class B - Selling Used Parts) –
Crown Collision Centers (Crown OpCo LLC) 180 Broadway (Transfer from Crown Auto Sales (Crown Collision Center Inc.)) LIC#15005 & #15004
Speaking is Michael Joyce, 115 Deerfield Drive, East Greenwich, RI, representative.
Mr. Joyce states that they bought three locations at which they will be doing collision repair.
He served at Inskip for 5 ½ years.
He serves at the Department of Business Regulation.
They gave up towing at Crown Collision.
They kept all current employees and added two more.
They are not planning to be open on Saturday.
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 licenses are APPROVED on a unanimous voice vote:
AUTO REPAIR & SECOND HAND SHOP (Class B - Selling Used Parts) –
Crown Collision Centers (Crown OpCo LLC) 180 Broadway (Transfer from Crown Auto Sales (Crown Collision Center Inc.)) LIC#15005 & #15004
A PUBLIC HEARING ON THE FOLLOWING APPLICATION FOR A LICENSE, WHICH WAS ADVERTISED FOR A HEARING AT THIS TIME, IS TAKEN UP:
CLASS B (Victualler) New –
(Previously a Class B Limited)
Family Restaurant 5 Estrellas (Rafael Enterprises LLC) 212 Broad Street, LIC#14426®
Speaking in favor is Rafael Barahona, 12 Middle Street, Pawtucket, RI, applicant.
Mr. Barahona would like to add margaritas.
There are no other speakers. The hearing is closed.
Upon motion made by Councilor Stachowiak, seconded by Councilor Wildenhain, the following change of Class from B Limited to B (Victualler) liquor license is APPROVED on a unanimous voice vote:
CLASS B (Victualler) New –
(Previously a Class B Limited)
Family Restaurant 5 Estrellas (Rafael Enterprises LLC) 212 Broad Street, LIC#14426®
A FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP:
CLASS B (Victualler) –
**FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue, LIC#14035®
Stipulation.
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.
3. No outside Entertainment.
4. No outdoor service after 11:00 p.m.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Representing the license holder are Attorney Christopher Mulhearn and Attorney Mark Welch.
The only witness to be called by Mr. Milos is Detective Captain David Holden, who is sworn in by City Clerk Richard Goldstein.
Captain Holden testifies that he is from the Major Crimes Unit and in charge of liquor enforcement. He is familiar with FabCity Cigar Lounge.
On January 24, 2022, police are dispatched to FabCity Cigar Lounge for a disturbance. They were advised that shots were fired and two people were shot, one being Qudus Kafo, who is deceased and the other being Bruno Vaz, who is in critical condition.
Captain Holden was called in that night. He was allowed access to a video from the manager at the establishment. He took the whole DVR system. He was given the system without the need to get a warrant. He viewed the video, focusing on three views inside and three outside the establishment.
He did not have the video at the hearing because there is an ongoing investigation.
The video was viewed by Mr. Milos and Mr. Welch only. They saw portions of the video. They watched the video beginning at 10:30 p.m. on the night of the incident. It shows that four females and two males entered the bar.
Mr. Kafo and Mr. Vaz later entered. Mr. Kafo had interactions with the females. There were conversations and dancing. There is audio, but you could only hear the music.
At midnight, the shooter entered, meets with six people.
At 12:03 a.m., Mr. Kafo goes to the bar area and bumps the shooter (Trequan Baker). They exchange words. No other altercation, but tense conversation.
Captain Holden has been an officer for 20 years.
COUNCILOR SCHUETTE EXITS ZOOM AT 7:51 P.M.
The manger could see the exchange and moves between Mr. Kafo and Mr. Baker. He pushed Mr. Kafo away along with an unidentified man. The bartender left the bar and grabbed Mr. Kafo with the manager. Mr. Kafo appeared irritated.
Captain Holden is surprised that Mr. Kafo wasn’t asked to leave, Mr. Kafo again goes to the group. He is moved to the opposite side of the bar. He moves back and is moved way by the manager and Mr. Vaz. Mr. Kafo left.
Mr. Vaz spoke to the group. He tried to calm things down.
Mr. Kafo came back in and stood near the door. The group leaves; Mr. Kafo follows out them with the manager and security.
Captain Holden was very surprised that Mr. Kafo was not asked to leave. When they all went outside, Mr. Kafo and others got into an exchange.
Mr. Baker went to his car. There was a lady inside the vehicle with the engine running. Mr. Baker then kept his hands in his sweatshirt.
They moved from the front lot to the back lot. The fight starts and moves to Benefit Street. Mr. Baker fires two shots, gets in the car and leaves.
All people in the fight were patrons from inside.
No calls were made to the police department while people were inside.
No calls were made to the police by FabCity until after the shooting. There were maybe 25 people inside. Security did pat down the men coming in.
Christopher Mulhearn cross examines Captain Holden.
Captain Holden notes that a targeted shooting is one where a person is looking to find someone to do harm to. Mr. Mulhearn states that Captain Holden described this shooting as a targeted shooting.
The charges against the shooter are murder, firing in a compact area, assault and possession of a weapon while committing a crime.
Captain Holden has no personal knowledge of the event.
Captain Holden made the decision to limit availability of the video after speaking with Chief Goncalves and the Attorney General’s Office. He did this to ensure the integrity of the investigation.
Mr. Mulhearn noted that there were two memorandums on this matter from Captain Holden; one on January 30.
Mr. Mulhearn states that the police are seeking serious penalties against the licensee, while depriving the licensee of the ability to make a full defense by withholding evidence from the licensee.
Mr. Mulhearn asks about discrepancies between the January 30 memo and tonight’s testimony. Captain Holden admits that the memo says that all statements by the witnesses was accurate, which is different than what he stated tonight. He says that he should have added in the memo that the bartender’s statements were later found to be less than accurate.
Mr. Mulhearn asks Captain Holden if his testimony is subjective. Captain Holden responds that it is his opinion.
Captain Holden is not aware of any connection between Mr. Baker and Mr. Kafo.
He doesn’t know where Mr. Baker got the gun. He won’t comment on whether the woman in the car gave him the gun, due to the on-going investigation
He is not aware of prior violations at FabCity.
Mr. Mulhearn asks the Council to exclude Captain Holden’s testimony for not providing the video to the license holder and for not answering questions.
Upon questioning from the Council, Captain Holden states that there may have been four calls to the establishment.
Mr. Milos objects to the request to exclude the testimony. He states that this is an administrative hearing, not a criminal hearing. He would prefer to show the video to the Council, but will not go against the Attorney General. and the Chief in their effort to ensure the integrity of the investigation.
Mr. Mulhearn makes his closing statement. He states that the penalty being requested is for the most serious cases. Because people have a property right with these licenses, the Supreme Court will only uphold a revocation with the most serious cases. He doesn’t believe that this case meets that rubric because FabCity is not a troubled establishment.
He states that the January 24th incident is not endemic of this establishment; it’s a problem around the country; it’s societal.
He states that this was a targeted shooting Mr. Baker was never at FabCity before, but Mr. Kafo and Mr. Vaz there every week, so everyone knew where to find them.
He believes that it’s egregious that police are asking for the most serious penalty, but will not make all evidence available to the license holder, so he cannot properly defend himself. He believes it violates his client’s constitutional rights. Therefore, he believes that Captain Holden’s testimony should be stricken.
Also, he states that all public input should be excluded. He states that all people speaking on the matter should be sworn-in and subject to questioning. He states that no evidence is first hand; it’s all heresy.
He also states that there is no reason why the police cannot provide evidence tonight.
Attorney Milos makes his closing statement. He states that it’s up to the Board to decide what to accept as testimony. There is sufficient evidence to show FabCity is a disorderly house.
He states that the license holder could have called police, not to make arrests, but to keep peace. Instead, they let both parties leave at the same time.
Upon questioning from the City Council, Captain Holden states that the police department recommends revocation of the license.
THE BOARD TAKES UP THE FOLLOWING:
Request by Attorney Mulhearn to strike the testimony of Captain Holden from the record.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, at the request of Council President Moran, seconded by Councilor Mercer, the request to strike the testimony of Captain Holden from the record in DENIED on a roll call vote, as follows:
AYES – 0.
NOES – President Moran, Councilors Araujo, DaRosa, Gregor, Mercer, Stachowiak, Vasquez and Wildenhain.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion made by Councilor Mercer, on behalf of Council President Moran, seconded by Councilors Araujo and Wildenhain, the Board finds that FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue did maintain a disorderly house on January 24, 2022, on a roll call vote, as follows:
AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Stachowiak, Vasquez and Wildenhain.
NOES – Councilor Gregor.
THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.
Upon motion made by Councilor Wildenhain, at the request of Council President Moran, seconded by Councilor Mercer, the following license in PERMANENTLY REVOKED, for the following reason, on a roll call vote, as follows:
On or about January 24, 2022: 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 communication) (Violation of R.I. Gen. Laws § 3-5-23).
AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Stachowiak, Vasquez and Wildenhain.
NOES – Councilor Gregor.
CLASS B (Victualler) –
FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue, LIC#14035®
Communication from Dhirendra Shankar owner of Washing Well Laundromat to Pawtucket Board of License Commissioners. (Requesting ownership change on Public Laundry License form Dhirendra Shankar to Washing Well Laundromat LLC) is READ AND ORDERED FILED and THE REQUEST TO CHANGE THE BUSINESS NAME IS APPROVED, on a unanimous voice vote.
Communication from Captain David Holden, Pawtucket Police to Pawtucket Board of License Commissioners. (Mangos Hookah Lounge – Detail Stipulation) is READ AND ORDERED FILED.
Communication from Alex Quiroz, Member of Mangos Hookah Lounge (Princess Investment LLC) to Pawtucket Board of License Commissioners. (To remove the police detail stipulation on the license) is READ AND ORDERED FILED and THE REQUEST TO REMOVE THE STIPULATION REQUIRING POLICE DETAILS IS APPROVED FOR FRIDAYS ONLY – THE DETAILS WILL REMAIN ON SATURDAYS AND WILL BE REVIEWED IN 60 DAYS, on a unanimous voice vote.
Stipulations.
- Detail Officer from 10:00 p.m. to 2:00 a.m., Saturdays; to be reviewed in 60 days.
- End outdoor seating at 9:00 p.m.
Order from Rhode Island Department of Business Regulation to City of Pawtucket, Board of License Commissioners. (Vibe Lounge and Hookah Bar, Inc. - Legal fees) is READ AND ORDERED FILED.
Upon motion made by Councilor Mercer, seconded by Councilor Schuette, the meeting is adjourned at 9:50 p.m.