MINUTES OF THE SPECIAL MEETING OF
THE CUMBERLAND BOARD OF LICENSE COMMISSIONERS

WEDNESDAY, NOVEMBER 2, 2022 AT 7:00P.M.

CUMBERLAND PUBLIC SAFETY BUILDING, 1379 DIAMOND HILL ROAD, CUMBERLAND

 

CALL TO ORDER

The meeting was called to order at 7:03p.m. by Chairman Metivier

Present: Vice Chairman Magill, Commissioners Kinch, Bradley, Shaw, Schmitt and Beaulieu

Recused and absent: Chairman Metivier

 

NEW BUSINESS

SHOW CAUSE HEARING

     1.  Appearance by CLUB JUVENTUDE LUSITANA, INC., dba Club Juventude Lusitana, 10 Chase Street

          Show Cause Hearing related to incidents occurring on October 22, 2022; potential actions. 

 

Town Solicitor Kelley Morris-Salvatore stated that prior to the meeting Club Juventude Lusitana attorney Peter Petrarca had approached her and indicated he would be asking for a continuance. As this is a serious matter, the Chief of Police would be addressing the Commissioners on what he believes should happen from now until that hearing date.

 

Attorney Petrarca, 330 Silver Spring Street, Providence, stated that the Club has a defense to the allegations; and they have been open since October 22, 2022 under specific guidelines with respect to police details and were willing to continue those by agreement.

 

Mr. Petrarca noted that this is a show cause hearing, not an emergency hearing. He objected to the following items:

He has in his possession a show cause cover sheet with a three-page, unsigned “letter” of what happened, and containing recommendations. There are no incidence reports, no patrol reports, no reports of any shells being found at the scene, so given the fact that this is not an emergency, he thinks that it is improper that your Chief testify as to anything. The Town had an opportunity within 72 hours of October 22^nd to bring the Club in on an emergency basis, as to whether or not the health, safety and welfare of the community was in jeopardy. That wasn’t done. We want to be good neighbors but we want to properly be able to defend ourselves. Mr. Petrarca is respectfully requesting that the Club be able to stay open with the current detail in place. He asked for a short continuance to do some discovery, figure out what’s going on, speak to the solicitor. And on November 23^rd or 30^th, if we cannot work it out, he is willing and able to do the hearing.

 

Ms. Morris-Salvatore responded that in terms of whether the licensing board should have gotten together on an emergency basis – the town, through the police department, immediately got in touch with the Club and have been working together to provide safety measures that would allow the Club to stay open and allow their booking parties to go forward with their events by providing police details. The Chief will not be testifying tonight but he will be making recommendations on what he believes is important to the health and safety of the community while the Club remains open. If we can’t agree to that then she would suggest that this is an emergency. We have been working with the Club on a mutual basis. We should

 

Mr. Petrarca worried that the recommendations are very steep. The general laws of Rhode Island are very clear: the emergency provision is only the first 72 hours after the incident. After that, it is not, under any circumstances - unless an intervening act occurs – an emergency. The town is not operating under an emergency. It is also his understanding that his clients gave the town the video footage from October 22, 2022 that is ready to be played.

 

Police Chief Benson stated that, as referenced, he has some dire concerns of the continuing operations of the Club.  In a discussion last evening, he offered some recommendations that he would still consider the vast majority of, and he felt there had been some mutual ground during that conversation; he didn’t know if that had changed in 24 hours.

Reading into the record:

·         He would ask that the club require an event manager for each of the events hosted at the Club, to be defined as “each rented space by separate attendees during a given day” have an event manager.

·         It must have a public safety security apparatus present for each event based on the following schedule: at least one security officer hired from a bona fide vendor that will be utilized as parking lot security; for every event with 150 anticipated venue attendees in the entirety of the building, not just the rooms, and where alcohol is being served, detail officer requirements must be sought and approved by the police and emergency medical service chiefs prior to the event.

·         For every event with 300 anticipated venue attendees, and where alcohol is not being served, detail officer requirements must be sought and approved by the police and emergency medical service chiefs prior to the event.

·         Fire details will be acquired as mandated by RIGL and will be approved by the Fire Chief.

·         Public safety details will be for the entirety of the event and any extension of time for the event to close - or crowd to disperse - whichever is later, not simply for a four-hour minimum based on the event work order.

·         Police detail officers will report to the assigned event manager; however, it is understood that the primary function is public safety and security, not solely to protect cash locations which has apparently been a common practice. This includes, but is not limited to, providing temporary security service for venue staff attending to large cash functions. It is not to be construed as a singular detail post at a cash register, entry point, etc., unless the officer determines that that position is required and appropriate at that time. And,

·         when the detail officer is requested, there will be at least one marked police car required to accompany the officer, which will be posted in front of the venue in a conspicuous location.

·         Any and all information presented to Club personnel and/or membership relative to public safety concerns shall promptly be reported to the Cumberland Police Department.

·         Any and all staff observations or those relayed by attendees, of violations of liquor license requirements, shall be promptly reported to the Cumberland Police Department.

·         Any and all staff observations or relayed by attendees, of unattended venue guests, or unwanted individuals, shall also be promptly reported to the Cumberland Police Department.

·         All certified bartender’s credentials that are held by the Club with an updated and summarized list, presented to the town biannually, by July 1 and December 31, respectively.

·         Event order forms for the Club will reflect these updated requirements to include “requested police detail funded by the Renter” as an option.

·         Additionally, written notice on the work order form advising the renter of the space that they may contact the Cumberland Police department to report a lack of compliance with this requirement to include, but not be limited to,

 “ a detail police officer may be requested at the renter’s expense through the Cumberland Police Department. The hourly rate and additional fees are available with the Cumberland Police Department”. If a detail officer is not offered as an option to the renter, the renter may contact the Cumberland Police Department to report this matter.

Solicitor Morris-Salvatore suggested that if the Club has any problems with any item they address them as individual items.

 

Attorney Petrarca made the following points:

·         in respect to with the detail, if for any reason the Cumberland Police Department decides it cannot fill the detail, they must send it out to a neighboring town to fill the detail. You cannot close an establishment for the police department’s lack of an available detail. There are several cases on this, it’s in DBR, and the city of Providence has paid damages because of it.

·         The only issue we have with what the Chief said, it’s no one’s business between the club and the renter who will pay for the detail. The detail is required, and that’s the end of the story. If they do not apply for the detail, and they agreed to that, then they cannot open if they have not followed the recommendations; but who pays for it has nothing to do with anyone.  That’s a business practice that this Board cannot infringe upon.

·         Other than that, my clients have no issue at this time, with the manager or with any other requirements – although he thinks the cruiser presence sends a different vibe – but they will not object in the short term.

Kelley and Peter briefly discussed an issue on the entertainment license. The Lusitana Club has agreed not to have any entertainment until after the next hearing.

Commissioner Shaw confirmed with the Chief that the event manager cannot be the bartender that is present, it has to be a separate person.

 

Commissioner Kinch followed up asking if by definition it have to be someone trained as an event manager, or can this be a volunteer member of the Club?

 

Police Chief Benson responded that it was meant to have more bodies on the ground for supervision.

 

Future hearing dates were discussed.

 

Chief Benson clarified that each event/function room at the Club should have its own event manager if multiple events are occurring on the same day/night.

 

MOTION BY COMMISSIONER SHAW, SECONDED BY COMMISSIONER KINCH, AND IT IS UNANIMOUSLY VOTED TO CONTINUE THE MATTER WITH THE STIPULATIONS AGREED TO ON THE RECORD TO NOVEMBER 29, 2022 AT 6:00PM.  ROLL CALL VOTE 6/0.  

PUBLIC COMMENTS

There were none.

ADJOURNMENT

MOTION BY COMMISSIONER KINCH, SECONDED BY COMMISSIONER SHAW, AND IT IS UNANIMOUSLY VOTED TO ADJOURN AT 7:26P.M.  VOTE 6/0.   
 

 

______________________________________       

Sandra M. Giovanelli, Town Clerk

 

 

FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE VIDEO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.