East Greenwich board finds Low Key Cafe allowed minors on premises, orders fines and temporary police detail

The East Greenwich Board of License Commissioners on July 29 found the owner of Low Key Cafe in violation of two town ordinances after an evidentiary show-cause hearing and imposed monetary penalties and a short-term police-detail requirement.

At the hearing the town argued officers identified three persons under 21 who had been at the cafe and presented stills from security footage and officer testimony tying two of the identified juveniles to activity at the bar. Town Solicitor Peter Squires told the board the preponderance-of-the-evidence standard used in licensing hearings was met and urged remedial conditions rather than criminal penalties.

The cafe’s attorney, Sean O’Leary, urged dismissal, calling earlier multiplicity of charges and some investigative steps “overreach” and saying the record lacked proof that any underage person was served alcohol. Respondent counsel emphasized gaps in the town’s exhibits and highlighted that the cafe had no intervening incidents in the year since earlier proceedings.

The board first resolved a threshold legal question on the meaning of “minor” under chapter 15 of the town code and agreed to construe the term consistent with other sections of the alcohol chapter: a person under 21 years of age.

On the loitering charge (Town Code §15-4-8) the board concluded, by a 4–0 vote, that the town produced sufficient circumstantial and testimonial evidence to find a violation for allowing minors to loiter in or around the premises. On the serving-minors charge (Town Code §15-4-28) the board voted 3–1 to find a violation based on the totality of the admitted evidence (officer testimony, photographs, and witness statements linking one subject to a drink and at least one subject to a displayed ID).

For penalties the board debated statutory caps and remedies. After amendment and discussion the board voted unanimously to impose fines of $250 for the serving-minors violation and $250 for the loitering violation and to require a police detail (4-hour minimum shifts) to substitute for the private security condition on designated nights (Wednesday, Friday and Saturday evenings and nights when entertainment is provided), beginning at 9:30 p.m. The police-detail requirement is imposed through a review date (early September) when the board will revisit the condition.

The board directed that the written findings and order be issued to the parties within seven days and confirmed the parties’ right to appeal under Rhode Island law. The hearing record shows the panel considered prior agreed conditions on the license, testimony from multiple police officers (including Lieutenant John Allen and Officer Anthony Pescarino), and the bar manager’s testimony in reaching its decision.