Projo 7 to 7 News Blog

PROVIDENCE, R.I. -- The city Board of Licenses wants to hear more in an effort by the Police Department to close a downtown dance club co-owned by a Democratic candidate for state representative.

The board voted Wednesday not to dismiss the police case against the dance club, Level II, which the police want closed because it is allegedly "a disorderly house" and a public nuisance.

Since the police have completed the presentation of their evidence in a multipart hearing of their complaint, the decision means the defense now has an obligation to present theirs.

Level II's co-owners are Scott A. Slater, an employee of the city Finance Department and the Democratic candidate for District 10 state representative in a special election scheduled for Nov. 10; Louis Peters of Cumberland; and Gaetano Gravino of Warwick, according to city records.

The police have tried to portray Level II, at 101 Richmond St., as an occasionally violent place where underage drinkers can get served, the customers become inebriated and the management packs in crowds in excess of its fire-safety capacity.

Level II lawyer John DeSimone, who is a state representative from Providence, has contended that Level II has done more to operate responsibly than other venues "with the same clientele." For example, the club installed security cameras and began using a metal detector to screen customers, after police protests, he pointed out.

DeSimone asked the license board to dismiss the complaint against his client. And license board member Paul D. Ragosta made that motion at a meeting last week. But the motion did not receive a second, and the board Wednesday went on record against dismissal.

Ragosta said Wednesday that he does not believe that the police "met their burden of proof" to find Level II to be a "disorderly house" as defined by statute and to justify the permanent revocation of its liquor license

While the police alleged there were numerous incidents of illegality or trouble, they presented evidence regarding, at most, only nine or 10, he contended. And, he added, the quality of that evidence was lacking.

Senior Assistant City Solicitor Kevin F. McHugh, the prosecutor, replied that the police began their case by pointing to 28 or more incidents, some of which were multiple incidents on a single date, and five of which were incidents already on the club's disciplinary record with the license board. Ragosta only counted dates when he mentioned evidence for nine or 10 incidents, according to McHugh.

Excluding the five incidents already on the disciplinary record, the police presented evidence on 14 of the other 23 incidents, McHugh said. Two of the 23 incidents were dropped because the pertinent non-police witnesses could not be found, he explained.

"We did cut our case down at the end" because the demonstrated incidents are "more than enough to prove the case" against Level II, he contended. For a disorderly house complaint, the disciplinary record is applicable, too, he said.

DeSimone noted at a previous license board meeting that the "vast majority" of the incidents cited by the police occurred before the license board imposed a 30-day suspension of Level II's liquor license for a violent incident in December. He insisted that it is an "undue hardship" for the club to have to defend itself against what he depicted as a belated disorderly house complaint.

 Tags  liquor license Providence RI violence

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