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| Board of Licensing | |
| Robert G. Shaw, Jr. , District 5 | |
| Board Chairman | |
| James K. Metivier, District 1 | Scott R. Schmitt, District 4 |
| Board, Vice-Chair | Commissioner |
| E. Craig Dwyer, District 2 | Thomas Kane, At Large |
| Commissioner | Commissioner |
| Lisa A. Beaulieu, District 3 Commissioner | Peter J. Bradley, At Large Commissioner |
| | |
MINUTES OF THE REGULAR MEETING OF THE CUMBERLAND BOARD OF LICENSE COMMISSIONERS
WEDNESDAY, NOVEMBER 1, 2017 AT 7:30 P.M.
CUMBERLAND TOWN HALL-EVERETT “MOE” BONNER JR. TOWN COUNCIL CHAMBERS
45 BROAD STREET, CUMBERLAND, RI 02864
The meeting was called to order at 7:50 p.m. by Chairman Shaw.
MEMBERS PRESENT:
Commissioners Dwyer, Shaw, Bradley, Metivier, Beaulieu and Schmitt
Also present – Mayor William Murray, Assistant Town Solicitor Chris Alger, and Town Clerk Sandra Giovanelli
Absent – Commissioner Kane
ACCEPTANCE OF PREVIOUS MINUTES
A. Acceptance of Minutes of the Regular Meeting of October 4, 2017
MOTION BY COMMISSIONERS BEAULIEU & DWYER, SECONDED BY COMMISSIONER BRADLEY AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
NEW BUSINESS:
A. 2017-2018 LIQUOR LICENSE RENEWALS:
Chairman Shaw stated that the following renewals are subject to receipt of the following: Certificate of Good Standing, permit to make sale at retail, Department of Health approval, Fire Department approval, insurance certificate, current on local taxes, TIPS certification, and updated menu. The Class D licenses are also required to submit their updated membership list, annual report, and meeting minutes. Any motions or votes should be predicated on these items to be disclosed to the Town Clerk prior to the license being issued. He noted that the licenses expire December 1st, so they have until that day to hand in all approvals to receive their license. He will have the Town Clerk send out an email at that time listing the establishments left to comply and what actions were taken. Mr. Shaw thanked the Town Clerk and the clerks in the office for their assistance in preparing the document distributed listing pending approvals for each license and getting educated on the newly required insurance certificate. If there are no objections, he would like to vote on the renewal by each class instead of by individual establishment.
Commissioner Schmitt understands approving these licenses subject to certificate of good standing is common practice, however, they were just handed a list of establishments not in compliance with fire code. Seeing this as a serious concern, he asked that those establishments be removed from the renewal list. He also asked for clarification of why some licenses have an asterisk indicating a pending license.
Chairman Shaw explained that some of the renewal applications had not been received until after the agenda had been posted and materials distributed to the council. All renewals had been subsequently submitted to the Town Clerk. Mr. Shaw also stated that the single asterisk was meant to highlight certain licenses he wished to ask the council to continue until the November 15th meeting. The council discussed continuing the licenses not in compliance with the fire code as well.
CLASS A
A. TEIXEIRA & COMPANY, INC., d/b/a Pop’s Liquors, 2082 Diamond Hill Road
CWS OPERATING CO., d/b/a Mendon Wine & More, 2170 Mendon Road
JDJS, LLC, d/b/a Cumberland Wine & Spirits, 275 Broad Street
REBECCA G. PLASSE, d/b/a Cumberland Hill Liquors, 3450 Mendon Road
SHUBHLAKSHMI CORPORATION, d/b/a Paul’s Liquor Mart, 132 Mendon Road *
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER TO REMOVE SHUBHLAKSHMI CORPORATION, D/B/A PAUL’S LIQUOR MART FROM THE RENEWAL LIST AND TABLE THE MATTER TO NOVEMBER 15, 2017. VOTE 6/0.
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER SHAW AND IT IS UNANIMOUSLY VOTED TO APPROVE THE REMAINDER CLASS A LICENSES LISTED. VOTE 6/0
CLASS BNT (Non Transferable)
ANDREW’S BISTRO DESTINO LLC, d/b/a Andrew’s Bistro Destino, 3755 Mendon Road
CUATRO AMIGOS, INC, d/b/a Casa Vallarta, 2000 Mendon Road Suite 10.
FRANK’S INCORPORATED d/b/a Bandidos Mexican Restaurant, 88 Broad Street *
PEHARVEY, LLC, d/b/a Skeff’s, 80 Manville Hill Rd
SPSR INC, d/b/a Bollywood Grill, 1764 Mendon Road.
XIN, INC., d/b/a Fortune House Restaurant, 1800 Mendon Rd Suite F
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO REMOVE FRANK’S INCORPORATED D/B/A BANDIDOS MEXICAN RESTAURANT FROM THE RENEWAL LIST AND TABLE THE MATTER TO NOVEMBER 15, 2017. VOTE 6/0.
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE THE REMAINDER CLASS BNT LICENSES LISTED. VOTE 6/0
CLASS BV
AMAYA PRIMO, INC., La Familia, 1666 Diamond Hill Road
ANGELO’S PIZZA, INC., d/b/a Angelo’s Palace Pizza & Venue 131, 133 Mendon Road
CUMBERLAND HOUSE OF PIZZA, d/b/a Cumberland House of Pizza, 2360 Mendon Road
DAVENPORT’S FAMILY RESTAURANT, INC., d/b/a Davenport’s Family Restaurant, 1070 Mendon Rd
J. GRAY’S FAMILY TAVERN, d/b/a J. Gray’s Family Tavern, 405 Mendon Road
J. K. AND SON, LLC, d/b/a The End Zone, 958 Mendon Road
JACKY’S GALAXIE RESTAURANT, INC., d/b/a Jacky’s Galaxie Restaurant, 1764 Mendon Road
JERRY’S FRIENDLY TAP LLC, d/b/a Jerry’s Friendly Tap and Grill, 1225 Mendon Road
LMP ENTERPRISES, d/b/a Adeline’s Speakeasy Bar & Grill, 2352 Mendon Road
LE PARCH LLC, 433 Broad Street *
MC T’s TAVERN, INC., d/b/a MC T’s Tavern, 940 Mendon Road
MICKEY’S VALLEY VIEW PUB, 46 Carpenter Street
OR VENTURES, d/b/a Valley Café, Inc., 3 Dexter Street**
PERIQUITO HOLDINDS, LLC, d/b/a Modern Bistro, 4077 Mendon Rd
RESTAURANTE SERRA DA ESTRELA, INC., d/b/a Serra Da Estrela, 168 Broad Street
SLAM, INC., d/b/a Third Base, 422 High Street
THE GARAGE BAR & GRILL INC., d/b/a The Garage Bar & Grill, 75 Manville Hill Road
VALLEY PARK PUB, LTD., d/b/a Valley Park Pub, 17 Mill Street
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO REMOVE FROM THE RENEWAL LIST AND TABLE TO NOVEMBER 15, 2017 THE FOLLOWING LICENSES; LE PARCH LLC, PERIQUITO HOLDINGS, LLC D/B/A MODERN BISTRO, AND RESTAURANT SERRA DA ESTRELA, INC. VOTE 6/0.
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE THE REMAINDER CLASS BV LICENSES LISTED. VOTE 6/0
CLASS C
ALBUQUERQUE LIQUORS, LTD, d/b/a Joe’s Bar, 10 Jones Street
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
CLASS D
CLUB JUVENTUDE LUSITANA, INC., d/b/a Club Juventude, 10 Chase Street
CUMBERLAND A.C., d/b/a Cumberland Athletic Club, 30 Hamilton Street**
CUMBERLAND POST #14, d/b/a Cumberland Post # 14, 695 Broad Street
FATIMA HOLY NAME SOCIETY, d/b/a Fatima Holy Name, 1 Fatima Drive
FILIBUSTER CLUB, d/b/a Filibuster Club, 23 High Street
FRIENDLY SONS OF ST. PATRICK, d/b/a Friendly sons of St. Patrick, 135 Broad Street
SEVEN CRAY STREET REALTY, CORP., d/b/a Seven Cray Street, 7 Cray Street
ST. JOSEPH’S CHURCH, ASHTON, RI d/b/a Parish Hall, 1303 Mendon Road
ST. THOMAS BUILDING ASSOCIATION, d/b/a Knights of Columbus, 22 Broad Street
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
CLASS DL
FORE COURT RACQUET & FITNESS CLUB, INC., d/b/a Fore Court Racquet & Fitness Club, 44 Cray St
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
SPSR INC, d/b/a Bollywood Grill, 1764 Mendon Road
LMP ENTERPRISES, d/b/a Adeline’s Speakeasy Bar & Grill, 2352 Mendon Road
Commissioner Shaw noted that Bandidos Mexican Restaurant was unintentionally left off the list, but will be on the November 15th agenda for consideration.
MOTION BY COMMISSIONER BRADLEY, SECONDED BY COMMISSIONER DWYER AND IT IS UNANIMOUSLY VOTED TO APPROVE. VOTE 6/0.
The board took a five minute recess.
B. SHOW CAUSE HEARING:
1. Show Cause hearing of Cumberland Athletic Club located at 30 Hamilton Street on alleged violation of
the local rules and regulations and Rhode Island General Law 3-5-23, allowing drinking outside the
establishment and creating a disturbance to the neighbors.
Commisioner Shaw reminded the other commissioners about the procedure for an alleged violation and the potential corresponding monetary fines and potential revocation. He asked the representative for the Athletic Club to come to the microphone, and asked whether the individual would like to speak to this topic tonight or hold a public hearing and bring witnesses.
Jim Murnighan, 93 Scott Road, representing the Cumberland Athletic Club stated he was aware if the violation and the right to a hearing, but he would like to discuss this tonight. He outlined the events that happened on the day in question. To his knowledge, no liquor had been outside the building.
Commissioner Shaw’s asked Police Chief Desmarais to read the police report.
Commissioner Shaw and Mr. Murnighan discussed further details.
Councilor Shaw opened up the public hearing at 8:22 p.m. for anyone to speak in favor or against the violation.
Donna Houle, 230 Marshall Avenue, lives behind the athletic club and was the complainant. She said there has been an issue of drinking outside of the bar many times, and spoke to the noise and profanity used.
Peter Birs, the son of Ms. Houle, spoke to his concern that his two year old son hears the profanity and loud conversations and drunken behavior that was common at the club.
Commissioner Shaw asked if anyone else wanted to speak in favor or against.
Commissioner Schmitt confirmed that the police had been dispatched six times to the Athletic Club and asked what the average number of times calls had been made concerning any establishment.
Chief Desmarais spoke to previous warnings to the Athletic Club and suggested reviewing existing rules and regulations governing this and come up with something regarding a nuisance at a bar. He did not have an average for calls made to any establishment.
Commissioner Shaw stated that his goal was to bring to light what has been documented thus far, and finding a solution.
Mr. Murnighan said that there was an upcoming meeting with the board at the athletic club, when they would review their manner of doing business and enforce necessary changes.
Commissioner Beaulieu asked Commissioner Shaw if he had a recommendation.
Councilor Shaw reopened the public hearing at 8:46 p.m.
Tom Cryan, 300 Morris Street, stated he was treasurer at the Cumberland Athletic Club. He questioned how many different people made the six complaints.
Councilor Shaw closed the public hearing at 8:47 p.m.
Mr. Shaw verified these were calls with no resulting violations brought forward.
Assistant Solicitor Alger said that those calls had no bearing on the violation in question.
Chief Desmarais stated that the dispatched police officer believed he had seen beer in the plastic cups, but acknowledged none was confiscated as proof.
MOTION BY COMMISSIONER SCHMITT, SECONDED BY COMMISSIONER BEAULIEU AND IT IS VOTED TO UPHOLD THE VIOLATION IMPOSED, BY A ROLL CALL VOTE. VOTE 5/1.
Nay: Commissioner Bradley
MOTION BY COMMISSIONER SCHMITT, SECONDED BY COUNCILOR METIVIER AND IT IS VOTED TO IMPOSE A $250 FINE WHICH MUST BE PAID IN FULL BEFORE THEY CAN OPEN FOR BUSINESS, BY A ROLL CALL VOTE. VOTE 5/1.
Nay: Commissioner Bradley
ADJOURNMENT
MOTION BY COMMISSIONER DWYER, SECONDED BY COMMISSIONER BRADLEY TO ADJOURN AT 8:54 P.M. VOTE 6/0.
___________________________________
Sandra M. Giovanelli, Town Clerk
FOR A FULL ACCOUNT OF THIS MEETING PLEASE REFER TO THE AUDIO RECORDING ACCESSIBLE ON THE TOWN’S WEBSITE, www.cumberlandri.org.
ADDITIONALLY, THE DVD OF THE ENTIRE MEETING IS AVAILABLE AT THE EDWARD J. HAYDEN LIBRARY.
TELEPHONE: 401-728-2400, Ext. 138 · www.cumberlandri.org