By JON BAKER

LINCOLN — The town’s Board of License Commissioners voted unanimously during a special show-cause hearing on Tuesday night to permanently revoke the liquor license of La Cabana Night Club & Sports Bar.

Given the dire financial straits of the business, which currently is for sale, the ruling seemed to surprise some, especially owners Alido Baldera and Edgar Mazo. In the end, however, the five commissioners — also the acting Town Council — decided sympathy wouldn’t play a role in their decision.
“What can you say? Yes, we will appeal,” Baldera told reporters after the 45-minute session at Council chambers
The attorney for La Cabana’s owners, Frank Milos, also said he would appeal to the state Department of Business Regulations, and request a stay.
“If that is awarded, (owners) would be allowed to continue to operate,” Milos said. “It all depends on the workload of the hearing officer.” That could take about a month.
The hearing had been scheduled on Aug. 19, after two Lincoln police officers responded to a call of exorbitant noise coming from the establishment the night of July 26. At that time, Patrolmen Ryan Laboissonniere and Richard Bousquet counted between 192 and 195 patrons inside the top floor of the building.
On May 19, the board had suspended the club’s liquor license for 30 days for failure to pay for Saylesville Fire District personnel details. That decision followed an inspection in which the club was determined unsafe for lack of a functioning sprinkler system in the basement, and that firefighters would be mandatory on weekend evenings.
In late spring, the oft-troubled club also lost its state food license, but Town Solicitor Anthony DeSisto said it had been reattained recently.
“In a nutshell, yes, their victualling license is still good, but they can’t serve alcohol, not anymore,” he said.
Initially on Tuesday, Council member and Manville representative Ronald McKenna offered a motion to suspend the liquor license for 30 days, though it quickly came under scrutiny. John Flynn, who represents Lonsdale, noted that, months ago, those fire detail payments (previously in excess of $17,000) hadn’t been made with regularity. That’s when the license commissioners chose to halt access to the bottom floor, and allow no more than 100 patrons on the street-level portion.
“There was no working sprinkler system in the lower level of the establishment, and to disregard that, then have 190-plus people in the building (on July 26), I consider that irresponsible,” Flynn stated. “I have absolutely no confidence in the (proposed) 30-day suspension. No matter what we do, La Cabana (owners) have been back here on numerous occasions, and they’ve shown they’re unable to maintain the establishment. They have no regard for this board, or this town.”
Council member/commissioner James Jahnz claimed he saw the blatant disobedience for the “100-customer” limit akin to The Station Nightclub fire in West Warwick on Feb. 20, 2003.
“If something similar to what happened in West Warwick occurred here, and we just gave them a slap on the wrist, I couldn’t live with myself,” he said.
Both Laboissonniere and Bousquet testified to the happenings of July 26, responding to questions from both DeSisto and Milos. They explained they saw not only patrons “shoulder to shoulder” inside the club, there to watch a boxing match on television, but also 15-20 waiting on the street to gain admittance.
The two officers also maintained it was not an unruly bunch, and no arrests were made.
When Mazo testified, he claimed no previous advertising had taken place, and that it was “totally quiet at 10, but — at about 10:30 (p.m.) — everyone got there … I went into the bathroom, and everyone just showed up. I asked people to leave, and they didn’t. It all happened so quickly.”
He estimated the crowd at about 150, and went to the door to prevent more patrons from entering.
“They have suffered tough economic times, and have chosen to market the property,” Milos told the board. “In this particular case, we have a couple of issues. If the license is revoked, we’re looking at foreclosure. In addition, I’ve spoken with Mr. Baldera, and — if there is a foreclosure — we’re looking at bankruptcy for each (owner). There’s also an outstanding balance due the Saylesville Fire Department. In the event the license is (revoked), there’s no way that money would be available to (it).”
Following McKenna’s motion to suspend the liquor license for 30 days, Council President Jeremiah T. O’Grady stated that neither the closing of the cellar portion nor the 100-person limit were punitive in nature, but instead a response to failure to cooperate with state fire codes.
“If you look back at the events that transpired in West Warwick, the tragedy, there was a rush to make fire codes more stringent,” he said. “In the end, the Town of West Warwick was deemed lax in its enforcement of the law. I think not only has there been a lack of regard for the Town of Lincoln, but also a lack of regard for (the club’s) patrons.
“I’m with Mr. Flynn, and I’ll vote ‘No’ against the (30-day suspended license) motion,” he continued. “There wasn’t an employee at the door, but an owner. Whether (customers) were rowdy doesn’t matter; there may have been (rowdiness) later.”
Stated Jahnz: “What bothers me is that Mr. Mazo said he was overwhelmed that so many people were there, but I can’t help but think there was a little devil on his shoulder saying, ‘This is going to be a good night for us.’ I think it’s a slap to the face of the town.”