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Pawtucket Board of License Commissioners
Wednesday, January 19, 2022
A regular session of the Pawtucket Board of License Commissioners is held Wednesday, January 19, 2022, at 7:02 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 5, 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:
ENTERTAINMENT:
A. Petition of James A Ryan Post 33 (Post No 33 Inc.) for a license to have a DJ at 140 South Bend Street, on Fridays and Saturdays, February 4, 5, 11, 12, 18, 19, 25, 26, 2022, from 8:00 p.m. until 11:00 p.m. LIC#15025
DOOR-TO-DOOR New Employee -
Trinity Solar (Trinity Solar Inc.) 2211 Allenwood Road, Wall, NJ, LIC#14602
PEDDLER: Tyla Jackson, 70 Wood Street, Pawtucket, RI LIC#15037
TATTOO – Renewal
Inkology Microblading & Tattoo (Boyd, Jennifer) 91 Power Rd. Unit-4, LIC#14523
VICTUALLING HOUSE – 1st Class Transfer
Five Corners Pizza (Saint Mark Inc.) 11 Benefit Street, LIC#15033
Transfer from Five Corners Pizza (Saint Paul Corp.)
THE FOLLOWING PETITIONS FOR LICENSE ARE APPROVED ON A UNANIMOUS VOICE VOTE:
A. ENTERTAINMENT
Petition of the Pawtucket St. Patrick’s Parade Committee to host a Post Parade Gala at the Pawtucket Armory on Saturday, March 5, 2022, from 12:00 p.m. until 6:00 p.m., LIC# 15038
B. CLASS F (Beer & Wine)
Petition of the Pawtucket St. Patrick’s Parade Committee to serve beer and wine at a Post Parade Gala at the Pawtucket Armory on Saturday, March 5, 2022, from 12:00 p.m. until 6:00 p.m. LIC# 15039
Communication from John W. Hanley, Building Official, to Richard J. Goldstein, MMC, City Clerk. (Inspection of bathrooms at International Club & Billar, 327 Barton Street) is READ AND ORDERED FILED.
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.
NOTE: On October 8, 2021, an Order was issued for a four (4) day suspension, specifically for consecutive Fridays and Saturdays, which was STAYED for a period of six (6) months.
Present on behalf of the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Present on behalf of the license holder is Attorney Nick Hemond.
Mr. Milos states that Mr. Hemond is not disputing the facts of the incidents on November 26, 27, 2021 and December 3, 2021, but he wants to be able to provide some mitigating circumstances.
Mr. Hemond discusses the incident on December 3, 2021. He states that the letter from the police mention the 200 people in line because a promoter sold too many tickets.
He noted that a man was thrown out of the establishment into the middle of the street for urinating in the club. When police checked inside, the bathrooms were closed because the main line was clogged. They called a plumber and it was resolved in a couple of days. It is not an ideal business practice, but not sanctionable.
Crowd in line was not sanctionable. There was no disorderly conduct for security throwing man in street.
On November 26 and 27, 2021.
Mr. Hemond states that in the first incident, a patron did wrong, but it is not sanctionable because there was no nexus due to the fact that there were not two patrons fighting and the patron was asked to leave.
In the second incident, the person causing the issue was not allowed in, so there is no violation.
In the third incident, the security did their job and was assaulted by a patron.
Only incident close to a violation was third one, but because of circumstances, not a major violation.
Mr. Hemond states that the license holder would agree to serve the suspended sentence which would suspend the license for two Fridays and Saturdays and also an additional Friday and Saturday for a total of six days.
Upon questioning by the Council, Mr. Hemond states that the promoter oversold tickets; they have not worked with them since.
The license holder lost money because he had to close early.
Tickets were sold for $50.00. The promoter gets that money and the bar makes money at the bar.
The problem with the toilets started at 10:30 or 10:45; the owner called a plumber and tried to clear it. The officer come in at midnight. The owner did not know that he could not be open without the bathroom.
He does not believe the city can sanction his client because of the bathroom.
Mr. Milos states that he does not know how DBR will rule on any one issue; he feels strongly that some instances are stronger than others.
The DBR officer found that a similar incident at Vibe Lounge in April when was a violation. This case is somewhat different.
Mr. Milos knows what the license holder is willing to accept without appealing, but the Council is not bound by that. They could do as they feel appropriate.
Mr. Milos believes that one violation is enough to impose the stayed penalty from October 8, 2021.
There are no other speakers. The formal hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
Upon motion made by Councilor Stachowiak, seconded by Councilor Mercer, the Board ORDERS THAT THE FOUR (4) DAY STAYED SUSPENSION (SPECIFICALLY FOR FRIDAYS AND SATURDAYS) THAT WAS ISSUED ON OCTOBER 8, 2021, ON THE LICENSE OF INTERNATIONAL CLUB & BILLAR (INTERNATIONAL CLUB & BILLAR INC.) 327 BARTON STREET, BE IMPOSED FOR FRIDAY JANUARY 21, SATURDAY, JANUARY 22, FRIDAY, JANUARY 28, AND SATURDAY, JANUARY 29, 2022 AND AN ADDITIONAL FOUR (4) DAY SUSPENSION FOR FRIDAY, FEBRUARY 4, SATURDAY, FEBRUARY 5, FRIDAY, FEBRUARY 11 AND SATURDAY, FEBRUARY 12, 2022 BE IMPOSED, A FINE OF $1000 IS FURTHER IMPOSED AND THE FOLLOWING STIPULATION IS TO REMAIN IN PLACE UNTIL AN ACCEPTABLE ALTERNATIVE PLAN IS PRESENTED AND APPROVED BY THE CITY COUNCIL, on a unanimous voice vote:
Stipulation
- Two police detail officers of Friday and Saturday Nights from 10:00 p.m. until 2:00 a.m.
THIS ORDER IS FOR THE FOLLOWING VIOLATIONS:
1. On or about November 26, November 27, and December 3, 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).
Communication from Captain David Holden, Pawtucket Police Department, to the Honorable Members of the Pawtucket City Council. (Incident at International Club & Billar (International Club & Billar, Inc.) 327 Barton Street, on January 1, 2022) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
With majority consent of the Board, the following motion made by Councilor Stachowiak, seconded by Councilor Mercer, is PASSED on a unanimous voice vote:
The Clerk is instructed is issue a summons to International Club & Billar (International Club & Billar, Inc.) 327 Barton Street, to appear at a FORMAL HEARING on Wednesday, February 9, 2022, for the following reason:
1. On or about January 1, 2022: Selling Intoxicating Beverages to Minor(s) on the Licensed Premises (RIGL 3-8-1)
Communication from Captain David Holden, Pawtucket Police Department, to the Honorable Members of the Pawtucket City Council. (Incident at Tikal Restaurant and Lounge (International Club & Billar, Inc.) 139 Broad Street, on January 1, 2022) is READ AND ORDERED FILED.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
With majority consent of the Board, the following motion made by Councilor Stachowiak, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed is issue a summons to Tikal Restaurant and Lounge (International Club & Billar, Inc.) 139 Broad Street, to appear at a FORMAL HEARING on Wednesday, February 9, 2022, for the following reason:
1. On or about January 1, 2022: Selling Alcohol after hours. (See attached police report.) (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”).
Vibe Lounge’s Motion to discuss its mandatory police detail (2 officers 1 supervisor) for review is READ AND ORDERED FILED AND IS TAKEN UP.
Speaking is Victor Silva.
Mr. Silva states that he paid $40,000.00 in details; he stated that he does not need details.
It has been 105 days without any incidents. He only gets twenty people in the establishment.
He stated that it is not fair that they need three details when International Club needs two details and Mangos only needs one.
He may have to close down if he has to continue with three details.
Speaking is Captain Holden.
He states that there have been no incidents of concern since October 8th, 2021. He is willing to reduce the number to two (eliminate the supervisor). Because of violence against police officers, he is not willing to go to less than two.
Mr. Silva states that he may have to go from 2:00 p.m. to 10:00 p.m., only. Sunday is the only day he can afford to pay details. He has been closing early on Fridays and Saturdays.
He believes that he is being mistreated.
THE CHAIR RECOGNIZES COUNCILOR STACHOWIAK.
Upon motion made by Councilor Stachowiak, seconded by Councilors Gregor and Schuette, the Board AGREES to reduce the number of detail officers to two (No supervisor) on a unanimous voice vote.
They also request that Captain Holden provide them with updates on any activities at Vibe Lounge every 30 days.
Upon motion made by Councilor Mercer, seconded by Councilor Schuette, the meeting is adjourned at 8:46 p.m.