Cadillac Lounge, LLC v. City of Providence

913 A.2d 1039, 2007 R.I. LEXIS 10, 2007 WL 120537
CourtSupreme Court of Rhode Island
DecidedJanuary 19, 2007
Docket2005-224-M.P.
StatusPublished
Cited by9 cases

This text of 913 A.2d 1039 (Cadillac Lounge, LLC v. City of Providence) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cadillac Lounge, LLC v. City of Providence, 913 A.2d 1039, 2007 R.I. LEXIS 10, 2007 WL 120537 (R.I. 2007).

Opinion

*1041 OPINION

ROBINSON, Justice

for the Court.

This case came before the Supreme Court for oral argument on December 5, 2006, pursuant to a petition for writ of certiorari filed by Cadillac Lounge, LLC (Cadillac Lounge or petitioner). In its petition, Cadillac Lounge sought review by this Court of a decision of the Providence Board of Licenses (the Board) dated July 29, 2005, in which Cadillac Lounge was fined a total of $2,500 for having violated on two separate occasions the provisions of Providence Ordinance 14-1, which pertains to closing hours, license fees, and regulations concerning commercial establishments.

For the reasons stated herein, we vacate the fine imposed by the Board, and we direct the assessment of a fine in the total amount of $1,000.

Facts and Travel

The petitioner is a Rhode Island limited liability corporation that operates an “adult entertainment” establishment in the City of Providence.

On April 2, 2004, the Board held a hearing concerning, inter alia, the hour at which petitioner was required to cease presenting adult entertainment. In a letter dated April 2, 2004, the Board communicated its decision to petitioner, explicitly stating that Cadillac Lounge was to “cease entertainment at 1:00 A.M.,” and cited Providence Ordinance 14-1 as the basis for the decision.

On August 17, 2004, Richard Shappy, the General Manager of Cadillac Lounge, sent a letter to the Board requesting permission to remain open for business until 2 a.m. on Friday and Saturday nights. The Chairman of the Board responded in a letter dated August 24, 2004, in which he denied Mr. Shappy’s request.

Thereafter, at approximately 1:30 a.m. on June 11, 2005, Detective Joseph Amoro-so of the License Bureau of the Providence Police Department entered Cadillac Lounge, at which time he witnessed adult entertainment taking place. At approximately 1:40 a.m. on June 12, 2005, Detective Charles Matracia, who was also from the License Bureau of the Providence Police Department, made a routine inspection of Cadillac Lounge. He too witnessed adult entertainment taking place at that time. On June 13, 2005, the Providence Police Chief sent a letter to the Board requesting that “the license holder of the Cadillac Lounge be brought before the Board for violation of City Ordinance Section 14-l(a)-Closing Hours.”

On June 16, 2005, the Board sent a letter to Cadillac Lounge advising it to appear and show cause why its adult entertainment, food dispenser, and Sunday sales licenses should not be suspended or revoked as a result of its alleged violation of Providence Ordinance 14-1 on June 11 and June 12, 2005. On July 1, 2005, Cadillac Lounge was served with a cease-and-desist order from the Board, which ordered it to “cease entertainment at 1:00 a.m. as prescribed by City Ordinance 14-1.”

On July 20, 2005, a hearing concerning the alleged violations was held. On July 29, 2005, the Board rendered a decision, in which it found that Cadillac Lounge had violated Providence Ordinance 14-1 by conducting entertainment after 1 a.m. on the aforementioned two dates. The Board imposed a $2,500 fine for those violations, which fine was to be paid in ten days.

On August 10, 2005, Cadillac Lounge filed a petition for writ of certiorari, in which it sought review of the Board’s decision to impose a fine of $2,500; it also sought a stay of that decision pending the *1042 outcome of its petition. In its petition for ■writ of certiorari and in its supporting memorandum, petitioner asserted that the Board had abused its discretion in imposing a fíne in the amount of $2,500 for the violations of Providence Ordinance 14-1 on June 11 and June 12, 2005. In support of that contention, petitioner argued that the amount of the fíne that had been imposed could not be reconciled with the provisions of G.L.1956 § 5-22-3, which pertains to city and town regulation of closing times for shops, saloons, and places of evening resort. 1 Significantly, Cadillac Lounge’s petition for writ of certiorari did not contain any assertions of error with respect to the Board’s substantive finding that petitioner had violated Providence Ordinance 14-1.

In an order dated August 12, 2005, petitioner’s request for a stay of the Board’s decision was granted, and the petition for writ of certiorari was assigned to the August 19, 2005 conference calendar for consideration by this Court. On August 19, 2005, the petition for writ of certiorari was granted, and the stay that had been issued was continued pending the outcome of this proceeding.

Despite the fact that the petition for writ of certiorari did not contest the Board’s substantive finding of violations of Providence Ordinance 14-1, in its brief to this Court after the writ was granted petitioner did assert that said finding was error. The petitioner now contends that the Board abused its discretion both in finding that Cadillac Lounge had violated the ordinance and in imposing a fine of $2,500.

Standard of Review

As this Court has often stated, “[o]ur review on a writ of certiorari is restricted to an examination of the record to determine whether any competent evidence supports the decision and whether the decision maker made any errors of law in that ruling.” Asadoorian v. Warwick School Committee, 691 A.2d 573, 577 (R.I.1997); see also Cadillac Lounge, LLC v. City of Providence, 763 A.2d 993, 995 (R.I.2001). In addition, when we are proceeding pursuant to our certiorari jurisdiction, it is our practice not to address claims that were not included in a petitioner’s original petition for writ of certiorari. See Bergquist v. Cesario, 844 A.2d 100, 104 (R.I.2004).

In reviewing licensing board decisions, this Court examines “whether such boards * * * have exceeded their jurisdiction in reaching [their] decision.” Cadillac Lounge, LLC, 763 A.2d at 995 (internal quotation marks omitted). This Court will review the action of a licensing board to determine whether it has exceeded its jurisdiction by examining the evidence to ascertain whether there is legal evidence to support that action. Id.

Analysis

In its brief to this Court, petitioner first contends that the Board exceeded its jurisdiction in finding that Cadillac Lounge had violated Providence Ordinance 14-1 since, according to petitioner, said ordinance addresses closing hours and not the hours at which adult entertainment can be presented. As we have previously indicated, however, petitioner chose not to include such an argument in its initial peti *1043 tion for writ of certiorari, and that omission precludes our review of that issue. See Bergquist, 844 A.2d at 104.

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Bluebook (online)
913 A.2d 1039, 2007 R.I. LEXIS 10, 2007 WL 120537, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadillac-lounge-llc-v-city-of-providence-ri-2007.