Rincons Latinos Restaurant, located on Washington Avenue, has made multiple appearances before the Licensing Commission in recent months.
During its Thursday, Dec. 6 meeting, the Licensing Commission determined it was time to take action. The commissioners voted to suspend the liquor license of the establishment at 373 Washington Ave. for eight days. The suspension stems primarily from repeated violations of the restaurant’s posted capacity limit and will take effect over four separate weekends spanning December and January.
An October police inspection documented 42 patrons inside the restaurant, significantly exceeding the stated occupancy limit of 17. Officers also reported that required signage was absent and lighting in the space was inadequate.
Orlando Pineda’s attorney, John Dodge, presented arguments on behalf of Rincons Latinos. According to Dodge, his client intends to add a second handicap-accessible bathroom, which would increase the occupancy limit from 17 to 34.
“That is the only thing that has been reducing the occupancy level in the restaurant,” said Dodge. “It isn’t a safety concern in regard to (the number of people) in the restaurant.”
“It’s just breaking the law and not following rules,” responded Licensing Commission Chairman Mark Rossi.
Dodge emphasized that Pineda is committed to operating the business responsibly and is willing to invest more than $7,500 in the bathroom installation to meet regulatory standards.
“Mr. Pineda has put his life and soul into the place, and he lives right upstairs,” Dodge said.
Additionally, Dodge noted that police had withdrawn an earlier fall charge involving unauthorized removal of beer cases from the premises.
“Mr. Pineda and his brother Ricardo are trying to do the right thing,” Dodge said. “They are doing their best to increase the occupancy. I question the fundamental fairness (of the charges).”
Commission member James Guido objected to Dodge’s characterization of unfairness.
“They have had plenty of chances,” he said. “The biggest complaint now is the occupancy and we are going to try to deal with that.”
Mike McAteer, who serves as both a commission member and Inspectional Services Director, indicated he has been addressing the occupancy concerns and bathroom expansion plans since July without seeing progress from the Pinedas.
Rossi suggested that Dodge was essentially adopting a “no harm, no foul” approach to the occupancy violations and that the Pinedas have failed to demonstrate sufficient commitment to resolving the issues over the preceding six months.
“The explanation has been, ehhhhh, it’s a big enough place and nobody got hurt,” Rossi said. “They have not taken the proper steps to alleviate the matter. Now, you are saying give me more time so I can try to make this right.”
The commissioners deliberated over potential penalties, considering options ranging from a 30-day suspension to license revocation, ultimately settling on the eight-day suspension to be served across four weekends.
Rossi warned that any further violation of the 17-person capacity limit before the expansion to 34 is approved could result in license revocation proceedings.
In other matters, the commission held its annual vote to permit extended New Year’s Eve hours until 2 a.m.
The commission also granted Samir, Inc. a six-month extension to locate a new premises for its wine and malt beverage license.