Town Council Approves Liquor License Expansion for Cap'n Jack's

The Town Council unanimously approved the limited expansion of a Class B Victualler Liquor License for Cap’n Jack’s Inc., located at 706 Succotash Road, in East Matunuck at their regular session Monday night.

Owner and applicant Jack O. Piemonte appeared for the establishment, answering questions from the Council and addressing concerns of residents in attendance. The applicant’s request to serve alcohol to guests on a proposed outside deck area, approximately 20’ x 25’ in size, would allow the establishment to serve alcohol to patrons not only with table seating and meals, but while waiting for a table or take-out meals as well.

The current license carries a restrictive stipulation, imposed on April 18, 1979, that alcohol be served with food only and thereby prohibiting the ability of those holding the license to offer patrons an alcoholic beverage other than when actually seated at a table with food.

“We’d like to be able to serve people like everyone else,” Piemonte said in response to a question regarding whether food would be served on the deck. “If they come in for a drink, [we want to] be able to serve them. Everybody else around is doing that. I’d like to be able to do that.”

Council President Ella Whaley addressed the purpose of the historical restriction. “We don’t want people coming off the beach and drinking and getting on the road,” she said of the proposal.

In offering further explanation as to his intentions for the change in licensing, Mr. Piemonte said, “As an example, we have people waiting in line. We give them a pager and they go up the street for a drink. I’d like to keep them there.”

 “I’m not aware that people are going to a restaurant in that area and consuming alcohol without food,” Town Manager Steve Alfred said. “They can have the drink while they are waiting for a table. If [that is the case], I’m not aware of it. If in fact, people are using that as a bar instead of eating food, that would be a violation as I understand it.”

“The assumption that he is going to do something wrong is the wrong way to go,” Councilman James O’Neill said.

In opposition to the relief from the restrictive language John Hooper, Jr. of Gale Drive spoke at length. “If you read the zoning board's decision just a couple weeks ago, as a part of their decision they said this will not alter the general character of the surrounding area. And we have a restaurant with a similar situation across the street that does serve outside alcohol, as well, without food,” he said.

Referencing the Zoning Board’s decision in granting a Special Use Permit, Mr. Hooper further questioned the decision. “The establishment that they referred to also has had the restriction on their license…the bottom line is that the zoning board has passed this on to you today realistically with false information. The other establishment does serve outside alcohol without food, but they’re not supposed to.”

Ms. Letendre, answering on behalf of the Zoning Board, provided illumination on the hearing. “The zoning board decision reflected was that what they thought was customary operation down in the area. I don’t think at the time they could have been aware that the Matunuck Oyster Bar down the street had a similar situation…in fact, I was there and I don’t remember it coming up,” Letendre said.

 Several references were made to the Matunuck Oyster Bar, which was not on the Council agenda. The establishment is to go before the Zoning Board on Wednesday for a Special Use Permit and Variance to expand its service area.

Clarification of the verbiage in considering relief from the stipulation before the council was provided at the request of the Council President and presented by legal counsel. In simplifying the matter, counsel recommended language to include the ability to make liquor service available for patrons awaiting food on the deck, as well as those waiting for seating or carry out meals.

“If anyone’s concerned about the way we’re going to run the restaurant,” said Martha Piemonte. It’s not going to change. It’s not turning into a bar. I don’t think we should be penalized being in business for forty-something years because someone else is doing something. I think each case needs to be addressed individually.”

Other Council Matters

In a further public hearing, the Council and Mr. Alfred addressed a proposed amendment to the Town Code of ordinances with relation to the establishment of a section concerning pet waste management. To be included in Chapter 12, Offenses and Miscellaneous Provisions, the amendment would address the proper collection and disposal of domestic pet solid waste.

In presenting a cleaner, friendlier environment, the provisions are supportive of the DEM recommendations for alleviation of TMDL issues.

The amendment specifies the necessary steps for removal of domestic pet solid waste by an owner in control of an animal in all public areas, inclusive of roadways and private property.

 Deedre Durocher and Robert Kermes were re-appointed to the Economic Development Commission, terms to be served for three years, through March 2014.

The Council also approved several items, including authorization of award on bid for the implementation of a Town emergency management notification and reverse 911 system. The Horsley Witten Group was also approved for a “Planning Challenge Grant” study of the villages of West Kingston and Matunuck.

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Council President Whaley commended the town’s residents for their participation in a peaceful protest in support of the continued incarceration of Michael Woodmansee.

 “I’d like to take this opportunity to express my support and the support of the other members of the Council to the Foreman and Sherman families,” said Council vice-president McEntee in a statement.  “I support the efforts of the Department of Corrections and the Attorney General’s Office to keep Michael Woodmansee incarcerated. In the alternative, that the Dept of Corrections and the AG’s office pursue all legal actions to have Michael Woodmansee involuntarily committed to a secure psychiatric facility for the safety and welfare of the people of South Kingstown and the community at large.”