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Pawtucket Board of License Commissioners

January 25, 2023

 

 

A regular session of the Pawtucket Board of License Commissioners is held Wednesday, January 25, 2023, at 6:55 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. Video

 

Present – President Mercer, Councilors Araujo, Coderre, Gregor, Moran, Moreno, Rubio, Stachowiak and Wildenhain.

 

Absent – 0.

 

Chairperson Mercer presides.

 

 

 

The reading of the records of January 11, 2023 is dispensed with and the records are APPROVED as prepared by the Clerk, Video

 

 

 

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

 

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

 

AUTO REPAIR SHOP & SECOND HAND SHOP CLASS B (Parts Only) Renewal -

 

**Woodlawn Village (Woodlawn Village LLC) 62 Woodlawn Avenue, LIC#14444® 14440® 

Stipulation.

  1. No trucks parked on the street overnight.

 

TATTOO Renewals -

 

Blue Lobster Tattoo (Blue Lobster Tattoo LLC.) 645 Prospect St. LIC#8639

Phantom Hand Tattoo & WorkShoppe (Tabor, Derek) 31 Exchange Street, LIC#14559

Sacred Traditions Tattoo and Body Piercings (Sacred Traditions Tattoo LLC) 500 Armistice Blvd. LIC#13934

 

VICTUALLING HOUSE 1st Class New –

 

Camyllas Taste and Flavor (Camyllas Taste and Flavor LLC) 287 Pawtucket Avenue, LIC#15546

Gorma Star Market (Gorma Market LLC) 198 Mineral Spring Avenue, LIC#15555

Krispy Krunchy Chicken (Pawtucket Food Mart Inc.) 755 Mineral Spring Avenue, LIC#15551

 

VICTUALLING HOUSE 1st Class - Transfer of Ownership –

 

Newport Ave Pizzeria (Mary Co.) 1108 Newport Avenue, LIC#15545

(Transfer from Newport Avenue Pizzeria (Mary Co.))

 

 

 

COUNCILOR STACHOWIAK LEAVES THE CHAMBERS AT 6:57 P.M.

 

 

 

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

 

TATTOO New – Video

 

Bella Brows and Lashes (Bella Brows and Lashes LLC) 404 Smithfield Avenue, LIC#15535

 

The only speaker is Veronica Gomes, 45 Jasper Street, Providence, RI 02904, applicant.

 

Ms. Gomes states that she will be providing a permanent make-up for brows.  She will also do lash extensions.  She states that she has had a tattoo license for about a year.

 

Her hours will be from 9:30 a.m. to 4:00 p.m.

 

She states that she worked in sales for nineteen years.

 

She works with people who have cancer to help them get their confidence back.

 

She will be working there alone to start.  She may bring in others at a later date.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR ARAUJO.

 

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

 

TATTOO New –

 

Bella Brows and Lashes (Bella Brows and Lashes LLC) 404 Smithfield Avenue, LIC#15535

 

Councilor Stachowiak recuses herself on the petition from Bella Brows and Lashes, based on her statement, “My family owns the building.” (Report Filed)

 

 

COUNCILOR STACHOWIAK RETURNS TO THE CHAMBERS AT 7:04 P.M.

 

 

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) with expansion of premise New 

 

Remedy (Louchen, Morgan) 171 Coyle Avenue, LIC#15528®

 

The first speaker is Morgan Louchen, 68 Vinton Street, Providence, RI, applicant.

 

Ms. Louchen states that she plans to open a brick oven pizza shop with an outdoor patio.  She states that she has worked in restaurants all of her life.  She intends to have live music and she wants to rent out her establishment for private events.

 

She states that the capacity is 70 people.

 

In the beginning, she plans to be open Wednesday through Sunday, from 6:00 p.m. to 1:00 a.m.

 

Depending on the night and the event, they will have from 2 – 4 employees working there. 

 

 

 

She states that there are 14 parking spots available in the front lot.  She may rent spaces in the back lot and there is street parking.

 

She plans to have non-live music in the background on most days.  She will be on the first floor of a four-floor building.  The patio will be in the front.  There will be no music outside.

 

She states that she has invested about $20,000 right now.  She is waiting for the licensing approval before investing more. 

 

Members of her staff will work at all private events.  There will be different styles of music.  She is not planning on having a night club, but it will depend on the event.  She may put a neon sign on the building, but is not planning on a large sign.  She expects that a majority of her profits will come from food and drink.

 

 

The next speaker is John Comey, 18 Oak Hill Avenue, Attleboro, MA, property owner.

 

Mr. Comey is renting space on Webster Street for approximately 40 parking spaces.  He also bought two buildings, which he plans to tear down to also use those properties for parking. 

 

He states that the music at the restaurant will be in a middle room with 2-foot walls, to reduce noise.

 

 

The next speaker is William DaCruz, 161 Coyle Avenue, Pawtucket, RI.

 

Mr. DaCruz notes issues with cleanliness in the past at the mill.  The dumpster for the mill is located right under his kitchen window, so he can’t open his window.  He also states that there is a problem with rodents and bugs.  There is also a problem with people smoking cigarettes near his house, so he can’t enjoy his back yard.

 

He states that noise hasn’t been a major problem, except with some live music late at night.

 

He is concerned about the hours for the restaurant.  He notes that there are children living in the area.  He is concerned about child molesters living on the street and no one stopping at the stop sign near his house.  He doesn’t want to add to the problems already in that area.

 

 

The next speaker is Joanne Barbeiro, 160 Coyle Avenue, Pawtucket, RI.

 

Ms. Barbeiro states that since Thanksgiving, there have been four events in that building; some with music playing until 1:30 a.m.  There have been lights flashing, people walking to their cars on the street when leaving making noise and things being thrown.

 

She notes that there are only 10 parking spaces in the back lot.  She is concerned about people walking back and forth between Webster Street and Coyle Avenue to get to their cars.  There isn’t any street parking available because people park in front of their houses.  As far as using the two new properties for parking, she states that the banks won’t let them tear down the buildings until the mortgages are paid off.

 

She states that there were events at the mill on April 10th, November 24th, and December 9th, 16th, and 30th.  She called the police on at least two occasions.

 

Ms. Louchen states that she only had people over three times.  One was for a soft opening; the other two time she had friends over.

 

Mr. Comey states that he cannot move the smoking because of the adult day care center in the mill. 

 

The dumpster is now where the RI Department of Health told him it had to be on his property.  He plans to move the dumpster to one of the two properties he bought, on which there are buildings that will be torn down.  He has put a fence around the dumpster.

 

 

He realizes that the buildings cannot be torn down until all loans are paid.  He plans to pay them off soon.    

 

He had a private rodent control company check his property.  They told him that his property is very clean without rodents.

 

He states that he has been outside with his noise meter to determine the level of noise in the area.

 

He states that he will do whatever needs to be done to make the neighbors happy.

 

Mr. DaCruz states that there isn’t much street parking available. He states that the busses and vans for the adult day care park on the sidewalk.  He states that his car was hit twice.

 

Mr. DaCruz gives the Board pictures of the area. 

 

Upon looking at the pictures, Mr. Comey states that the dumpster was overfilled because the dumpster company missed two pick-ups at that location. 

 

Ms. Louchen states that there have never been any fights at Remedy.

 

There are no other speakers.

 

The hearing is continued.

 

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.

 

Upon motion made by Councilor Moran, seconded by Councilor Wildenhain , the following petition for license is POSTPONED and the hearing is CONTINUED until February 8, 2023, on a unanimous voice vote:

 

CLASS B (VICTUALLER) with expansion of premise New 

 

Remedy (Louchen, Morgan) 171 Coyle Avenue, LIC#15528®

 

 

THE CHAIR RECOGNIZES COUNCILOR MORAN.


With majority consent of the Board, the following motion made by Councilor Moran, seconded by Councilor Wildenhain, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Tina Goncalves, Chief of Police, requesting that the police department send the Board a list of all calls to 120 Webster Street and 171 Coyle Avenue over the past twelve months.  Any calls from Joanne Barbeiro, 160 Coyle Street, should be highlighted.

 

 

THE FOLLOWING PETITION FOR LICENSE IS POSTPONED UNTIL FEBRUARY 8, 2023, ON A UNANIMOUS VOICE VOTE:

 

VICTUALLING HOUSE First Class New -

 

Remedy (Louchen, Morgan) 171 Coyle Avenue, LIC#15529

 

 

 

THE FOLLOWING PUBLIC HEARING WAS CONTINUED AND APPLICATION WAS POSTPONED AT THE MEETING HELD JANUARY 11, 2023, AND ARE AGAIN TAKEN UP: Video

 

CLASS B (VICTUALLER) Change of Name and Use –

Halo Lounge  (JDT Entertainment LLC) 25 Broad St. LIC#15312® #15313 (ent)

(Change to Halo Lounge and Hookah – formerly Halo Lounge)

 

The only speaker is Diana Proto, 5 Mountain Street, Providence, RI, License Holder.

 

Upon questioning from the Board, Ms. Proto reiterates that she stated in the initial hearings that she planned to be a restaurant and upscale lounge.  She did not testify about having smoking.

 

She states that they open at 8:00 p.m. They do so because they are trying to get their feet under them. No one has owned a restaurant before.  They are not open every day, so they can get an idea of how things are going.

 

The have plans to expand the hours by opening at 5:00 p.m. so the after-work crowd can come and eat.

 

Ms. Proto reads a prepared statement, as follows:

 

“I am in front of you today as one of the business owners of Halo Lounge, located at 25 Broad Street. I was in front of the board last week in order to add the use of Hookah to my establishment, what I thought would be a straightforward process. Instead, I was met with a continuance of my hearing due to "other concerns" the board had about Halo Lounge. I was instructed to speak with the City Solicitor about these concerns, and only told very vaguely that the board felt Halo Lounge was being used in a different capacity than was presented to the board during our initial licensing hearings in August 2022.

 

I spoke with the City Solicitor, Frank Milos, right after the last hearing. Atty. Milos told me that the concerns presented to him stemmed from a video advertisement of the lounge that was taken during a Halloween event on a Thursday night in October. He relayed the board's concerns that the video depiction of Halo Lounge seemed very different from our original proposal, which was described to me as a "family restaurant" by Atty. Milos. He then forwarded me the video, the meeting minutes from our August hearing, and the city ordinance regarding "substantial" changes to an establishment.

I was able to review the meeting minutes from our two original hearings and I don't believe anything was presented that is not true today. In the minutes and the videos, we described the business as "an upscale lounge". That is what we currently are and have been operating as since we opened. I'm not sure where the idea of us being a "family restaurant" came from, what I do know is that we did not ever say that is what we were planning to be. That does not, however, mean that families cannot come to eat at our lounge. We have had many families come together to eat and enjoy music at Halo since opening in October.

 

I understand that many, or all, of the board's concerns originated from one video advertisement that had been posted online. While it is certainly fair to be characterized by what that one ad depicted, what I can tell you is that that ad was not an accurate representation of what Halo Lounge is, was, or will be and we are making sure that ads posted moving forward are reviewed by either myself or someone else in the management team before being posted. Taken from the video recording of one of our hearings in August, my partner Jeremiah Sullivan told the board that we would have "live music and bands, R&B, jazz, comedy, and an older crowd". The ad did not really show that, but it was an ad. Since opening in October, we have had live R&B singers perform, bands like World Premier Band and Brother 2 Brother, comedy shows, movie nights, private birthday parties, networking events, and open mic night. We are planning a First Responders Night as a weekly occurrence starting in February. We are expanding our hours to open earlier in the evening for those who want to grab a bite to eat after work. We are starting weekend brunches in February.

 

 

This is just a snapshot of the ways we have used our lounge and the ways we plan to use it moving forward.

 

I invite each of you to stop by, grab a bite to eat from our full menu, and enjoy any of our evenings, as we have something for everyone.”

 

Upon completing her statement, she states that she was unaware of noise complaints.  She wants to know about them because they do not want to disturb the neighbors with loud music.

 

She admits that she continued selling hookah after being told twice by the City Clerk’s office that it was not allowed.  She said some people bring their own hookah.  She concedes that hookah was available for sale this past weekend.  When asked her defense for allowing it, she says there is none.  She states that originally there was confusion about the license and then there was confusion because they were told by someone connected to the city council that it was ok as long as it is tobacco free.

 

President Mercer states that there is no smoking in any restaurant in RI and that the law is very clear on the matter.   The only exception is if the business is a tobacco selling cigar or hookah smoking bar.  The Board reviews the video mentioned above for Halo Lounge.  They discuss this and other ads with Ms. Proto regarding her advertising the sale of hookah and whether they depict an upscale lounge. Ms. Proto thought that they do.  She says they are similar to upscale lounges all around the state.

 

Regarding hookah, Ms. Proto states that she is trying to remedy the issues with hookah.

 

She does not believe it is fair to compare Halo to Vibe Lounge based on one ad.  She states that the Board is not talking about all the other events they have done.  She does not think they are making a substantial change to what they originally said.  They are running the establishment as an upscale lounge.  There is no dance floor.  There are no more than 50 people in there at one time.

 

The Board suggests and Ms. Proto agrees that they need to work on their marketing and advertising.

 

President Mercer states that he feels the requirement for the majority of their sales to come from hookah and not from food or alcohol is a substantial change to the business that was proposed.  He is concerned about the level of experience expressed at the initial hearing if she, as the owner, and Mr. Sullivan, as the manager, does not understand the law about no smoking in an eating establishment and does not know to follow the directions given by the City Clerk’s Office.

 

There are no other speakers.

 

The hearing is closed.

 

THE CHAIR RECOGNIZES COUNCILOR CODERRE

 

Upon motion made by Councilor Coderre, seconded by Councilor Moreno, the Board approves the motion to DENY the petition to allow hookah and to change the name of Halo Lounge to Halo Lounge and Hookah on a roll call vote, as follows:

 

Ayes – President Mercer, Councilors Araujo, Coderre, Gregor, Moran, Moreno, Rubio, Stachowiak and Wildenhain.

 

Noes – 0.

 

CLASS B (VICTUALLER) Change of Name and Use –

Halo Lounge (JDT Entertainment LLC) 25 Broad St. LIC#15312® #15313 (ent)

(Change to Halo Lounge and Hookah – formerly Halo Lounge)

 

 

 

THE CHAIR RECOGNIZES COUNCILOR WILDENHAIN.

 

With majority consent of the Board, the following motion made by Councilor Wildenhain, seconded by Councilor Araujo, is PASSED on a unanimous voice vote:

 

The Clerk is instructed to send a communication to Tina Goncalves, Chief of Police, requesting that the police department do spot checks at Halo Lounge, 25 Broad Street, to ensure that they are not allowing hookah or other types of smoking inside the establishment. 

 

 

 

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

 

A.   ENTERTAINMENT

 

Petition of the Pawtucket St. Patrick’s Parade Committee to host a Post Parade Gala at the Pawtucket Armory on Saturday, March 4, 2023, from 12:00 p.m. until 6:00 p.m., LIC#15548

 

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 4, 2022, from 10:00 a.m. until 6:00 p.m. LIC#15549

 

 

 

Upon motion made by Councilor Araujo, seconded by Councilor Moreno, the meeting is adjourned at 8:53 p.m. Video

 

 

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