10.19.2022 Licensing Board

of needing to order this is a Fall River licensing board meeting it is Wednesday October 19 2022. uh I'd like to please remind everybody to license their cell phones we are starting at 505 due to the overrun of the traffic board meeting um at this time we have myself and we have Miss Cordero in attendance Mrs aspaz Mrs Esposito is absent tonight so I'd like to open up with reading the

open meeting law pursuant to the open meeting law any person may make an audio a video recording of this public meeting or may transmit the meeting through any media attendees are therefore advised that such recordings or Transmissions are being made whether perceived or unperceived by those present and not deemed acknowledged and permissible the city Charter section 9-18 mandates that

all multiple member bodies develop and adopt the rules all policy for public comment we have adopted such a policy which ensure provides for Citizens input on licensing board specific matters at the beginning of the meeting there is a sign up sheet that is located in the back of the room so with that first agenda item is item one public input slash citizens input would anybody like to

speak tonight I welcome you to come forward state your name and any issue or concern you may have seeing none moving on to item two one day permits the first one we have is St Michael's School 209 Essex Street Shanna labold oh Shanna can you just state your name for the record and your address sure channel of olds 209 Essex Street and Jenna I can see here by your application that you're looking for a

one day all alcohol permit February 4th 2023 time is uh uh 7 to 11 p.m wine tasting fundraiser I'm assuming for the school or the parish for the for the school for the school is there anything you would like to add it's our 11th our 11th year our fifth I believe that we're hosting in house and it's just it's our Premiere event so it's definitely a big night for our school

a chair will entertain a motion would like to entertain a motion I'll make a motion to approve the one day permit for St Michael's School for February 4th 2023. motion made by Miss cadero seconded by myself all in favor I motion passes thank you thank you good luck thank you so much uh item 2B it's BCC 777 Ellsbury Street Baxter Smith we have two one day permit requests so we'll do

about we'll do each uh we'll do a motion for each one um I can see here Baxter that we have a one-day application for Friday November 4th 2022 which is five to ten yes and we have the second which again we will deal separately but it's for Monday December 12 2022 6 to 7 30. the first for November is uh a one day application for beer and wine the chair would entertain a motion or

like to entertain a motion I'll uh make a motion to approve the one day permit for BCC for November 4th 2022. motion made by Miss cadero seconded by myself all in favor aye motion passes chair would entertain a motion for the second date I'll make a motion to one day permit motion made by Miss cadero seconded by myself all in favor I both permits are approved thank you very

much to see you sir you as well let's have a good evening item 2C one day permit Holy Name school 850 Pierce Street Mr David Flanagan it looks like we have two separate dates so once again we'll deal with each one in a singular fashion uh Mr flange it appears that the first event is for October 22nd it's like 10 a.m to 5 30 P.M it is an application for beer and wine

uh the event it's an Oktoberfest uh festival for Holy Name school is there something sir that you'd like to add uh we brought this back it's been Harvest Festival for years and years but we haven't held it for two years now so we're rebooting it as the Oktoberfest Festival but it'll be the same format covet I'm assuming covet killed it yep uh the chair would entertain a motion I'll make a motion to approve the one

day permit for Holy Name school for October 22nd 2022. motion made by Miss cadero seconded by myself all in favor aye first permit is granted second one day permit application is for October 29 2022 6 to 9 pm Holy Name school slash Parish this is for a dinner it is again a beer and wine uh application Mr Flanagan anything you'd like to add this is the first time we've done this so hopefully it's a

fundraise of fundraiser okay approve the one day permit for our Holy Name school for October 29 2022. motion made by Miss cadero seconded by myself all in favor I the second permit Ms granted thank you very much thank you sir uh item 2D we have the Thomas Chu Boys and Girls Club Mr Kylie I can see here that we have an application and I believe it's for November 9th 2022 all alcohol no November 5th November 5th

could I have a typo on the agenda it does thank you Mr Kiley uh Thomas true Boys Club this is uh Gala silent auction all alcohol would you like to add anything Mr Kylie sure uh this is our annual Gala fundraiser the largest event we have uh we've had it every year since I think 2004 and uh the last one was 2019 so now everyone's excited to get back in person and have a puck

for a great cause motion to the chair would entertain a motion to approve I'll make a motion to approve the one day permit and Girls Club motion made by miscadero seconded by myself all in favor I motion is approved thank you good luck maybe we'll see you there uh item number three common vicular application Mr Chang Mr Chen excuse me uh is Mr Chen here today Mr Chan is not here of the chair will

entertain a motion the table to the next meeting I'll make a motion to uh table as soon next motion made by Miss cadero seconded by myself all in favor I this matter is table to the next meeting item number four a class two application use car sales uh Babu Auto Sales 99 South Main Street looks like Edson Saint severe could you formally state your name sir in your address could you state your name Sir with your

address it's on fence over and what's your address hey my the business address or my address is oh you're the one either one no it's 483 Middleburg Avenue on East Orton okay and the address is 99 South Main Street so your home streams each time your home address and business objects so we have an application for a application for a license to buy sell exchange assemble second-hand Motor Vehicles

it is my understanding that you have you're applying and this is a this is an auto sales uh business that already that is already in business or was in business wholesale correct it's a wholesale yeah yeah he's not gonna have any cars on the property so it's a it's an office it's strictly an office so we have no car spaces uh any are you do you plan on doing any per uh

any improvements to the premises at all there must be a small office building or something it's a small office and just going to stay as is or do you have plans to to do any renovation to the building any improvements was it just staying as is yes it's and no no cars on the property no strictly wholesale okay and we do have a uh positive police report from the that is signed

off by the chief of police with no objections uh to your application for license to operate this place of business I'm just confused I thought this was an existing okay

um the chair would entertain a motion I'll make a motion to approve just by the way I don't mean to interrupt but 99 South Main Street is that correctly dressed because I think that's the ethnical that would make sense is it the Etna building yes okay so it's an office building it's an offices right okay no I just heard assembly of Motor Vehicles I understand gotcha well that's what's at the top of the application

pre-printed attorney so it sounds like you're just going to work in an office setting out of this building sell cars wholesale yeah nothing stored on the property no no no in your renting space I did see a rental agreement in here actually yeah for 350 a month yeah okay okay chair would entertain an application uh and a an application a motion I'll make a motion to approve the class

2 license for Baboo Auto Sale uh motion made by Miss cadero seconded by myself all in favor aye your application is approved good luck sir thank you thank you item number thank you for turning us out also I just wanted to make sure yeah no and I was right like the pre-printed top of the application because he got the wrong address thank you sir item number five new all alcohol common Victory alert license so the path

restaurant lounge and banquet facility 820 King Philip Street uh I believe it's Gainer Forester it is okay my name is attorney David Assad I'm licensed to practice in the Commonwealth of Massachusetts I maintain offices at 326 Pine Street in the city of Fall River uh so the history about this application I was contacted by Gana Forrester salt shareholder of the path restaurant lounge and banquet facility Corporation

to help her untangle a myriad of issues that she created by representing herself the most pressing and complicated issue that exists is the transfer of the alcoholic beverage license from Tick Tock Cafe a dissolved Massachusetts corporation that was dissolved on September 4th 2020.

but the name licensee holder of a Fall River license number 49 rs0388 in July of 2021 again I entered into a purchase and sale agreement to buy the real estate owned by the sawz family and is a footnote or as a side in the purchase and sale agreement there was this because there was a restaurant in one of the buildings at 820 South 820 King Phillips breed um that she bought the existing uh fixtures

that were there and the saws put a footnote that she could continue with the license if she paid the continuation of the prorated of the fee for 2021 for the license however Tick Tock Cafe was out so miss Forrester did the application for a transfer of the license it came before the board in November the board approved the transfer of a license uh Miss Forester got some unsolicited

advice from some third party who said don't bother doing that now why do you apply for a new license because Tick Tock Cafe has been dissolved you can't get the Department of Revenue uh certificate of good standing you can't get the unemployment so we prepared a new license application because the city has some new licenses available sitting down with Miss A Ash and comparing the old license to the new

application for the new license the light went on and said we've called the abcc and we talked to Ralph Sacramone executive director of Massachusetts abcc Ralph said uh you can't do it you need to go forward with the original license you can't have two licenses at the same premises so stop the process of the new license and go through with the transfer of the license there are two and there were two

investigators one was Mr Wooten the other one the current investigator from the ABC is Miss wilshowsky who has a checklist of things that Ms Gainer needs to provide and the difficulty that I'm having is because it was structured as a real estate deal and because the saws are no longer in business I can't get the documentation that the abcc is actually looking for to complete the transfer

so I have a letter or an email going to miss wuchowski tomorrow along with Miss acrimony and Miss ayash on the board saying I'm at a standstill I don't know how to proceed give me some guidance and get me the information so to go forward this evening with the new application is contrary to the direction I got from the abcc's executive director so I would ask that we just put it on hold until I hear

back from the abcc and try to get them all the information they need to make this transfer happen to give this location a full alcohol license I have a question yes so what Ralph said and what the Caroline said or somebody else they don't no no I haven't I haven't talked to Carol the the checklist that Caroline had originally given had to do with the purchase and sale agreement had to do with

um financial information and having current dor and Dua certificates but with Tick Tock Cafe being dissolved I can't get those from Tick Tock Cafe so that's why I'm asking this board to not take any action if we can just hold it until I get some further direction from the abcc on how to deal with that particular uh situation um and go forward with that transfer would it be appropriate for us for this

item five to at least table it to next month I would say taper until we hear back and that's the only action you need otherwise it would have been on the agenda for approval this evening sure because I think I provided Mr Ash with all the requirements for the new license yeah but after speaking to Mr Sacramone who said trans don't do it do the transfer do it the way you're originally

doing it one of the and as a public service announcement uh whether it's before the licensing board or the zoning board of appeals police have confident counsel before you start filling out applications and filing them because trying to untangle once it's been filed becomes very difficult sure sure clearly perfect example and I and I confess my ignorance because I don't know how to

I'll make a motion to table this item uh I don't know whether or not you want to do it to next meeting or until May say Ash and I hear back from the abcc I didn't say that to me but if you're not ready we'll do it the month after that all right that's fine so we have a motion to uh table the application for new all alcohol common Victory license

for 820 King Philip Street uh Miss gain of forest of motion made by Miss cadero seconded by myself all in favor aye Adventures title it's going to be a transfer next time correct

so I the next thing may be withdrawal of the petition because you're back to the original on the original that was approved okay thank you thank you good luck um item number six transfer all alcohol Package Store license and pledge of license RBD Liquors Inc doing business as economy welcome attorney celino thank you Mr McCoy glad to be welcomed okay so for purposes of the record Peter

celino Council to the applicant in this matter uh with me today is the pesh Patel he's the manager in the application before you the application relates to economy Liquors on North Main Street the application seeks for a transfer and a pledge of the liquor license uh my client's going to do business in the name of RBD Liquors Inc as you can see from the application the business deal is a 700 000 deal for the

business uh an unreal or a related LLC will be buying the real estate uh as part of the global transaction Rockland Trust is financing the deal and that's the reason for the requested pledge uh Mr Patel's family in particular is his father uh is involved in many package stores throughout the city a variety of capacities um more than five maybe which is that a fair assumption Leonard's Package Store

being one of them so this is his first Venture on his own um to get out into the family business if you will and run a store so we're seeking two things from the board approval of his request to transfer and a approval of the pledge to Rockland Trust Company of the alcohol inventory and license and I don't know Mr McCoy the sellers are here do you wish to be heard or say anything folks okay

okay could I just have the name of the transferring body good question um do you want their name it's a could you please state your name for the record uh my name is Dao d-a-o last name n-g-u-y-e-n-n-n-g-u-y-y-e-n thank you so much and you're the transferring party that's correct okay the seller if you will the seller yes how could I have your name sir

Henry America may I approach Mr chairman sure all right I'm just going to show it to him sir on paper and that way I can write it down be much easier and I'm sorry with the I just I'm not I'm not getting the pronunciation gotcha gotcha thank you so much so I'm going with Nan Lee Nan V Li n h a n v l e thank you thanks attorney celino appreciate it

okay so I would suggest that we need uh two motions um and the chair will entertain first at this time for uh transfer of the license I'll make a motion to motion made by Miss cadero exactly by myself all in favor I motion passes thank you for the transfer and the second would be pledge of license uh from Mr Patel liquor zinc two rocks I'll make a motion to approve the pledge

of license from RBD Liquors to Rockland Trust motion made by miscadero seconded by myself all in favor aye aye motion passes thank you applications granted thank you good luck with your store uh item number seven old new business we have item 7A I need a motion to approve the August 25th 2022 minutes I'll make them motion to approve the August 25th 2022 motion made by miss cadero seconded my by myself all in favor I

motion to approve passes I just want to remind Fred TV or uh Fall River government TV that we would like to stay live for the signing of the minutes before we adjourn

foreign

thank you so much okay the um minutes of the Thursday August 25th 2022 minutes has been signed the chair will entertain a motion to adjourn I'll make a motion to adjourn second all in favor aye this concludes this meeting thank you