Grand Cafe, New Haven

STATE OF CONNECTICUT
DEPARTMENT OF CONSUMER PROTECTION
IN THE MATTER OF
Cruz A. Vasquez, Permittee

Grand Café Case No. 2021-787
118 Grand Avenue Permit No. LCA.5444
New Haven, CT 06457-2247 February 3, 2022
MEMORANDUM OF REMONSTRANCE DECISION
This matter involves the renewal application for a café permit for Grand Cafe,
Cruz A. Vasquez, Permittee (hereinafter “Permittee”). A formal administrative
hearing was held before the Department of Consumer Protection, Liquor Control
Commission (hereinafter “Commission”), on November 4, 2021, and continued on
December 16, 2021. The hearing was held in accordance with Section 30-39(c)
Connecticut General Statutes, as a result of a legally sufficient remonstrance.
Scott Madeo, DCP Staff Attorney, entered as Commission Exhibit A, the

Hearing Notice in this matter. He then questioned Liquor Control Special Agent
William Boucher regarding the Remonstrance Petition. Agent Boucher stated he
verified that 10 of the signatures on the petition were residents of New Haven and
at least 18 years old. Agent Boucher stated he filed an investigative report
(Commission Exhibit B) after receiving the Remonstrants’ Petition (Commission
Exhibit C).
Agent Boucher testified the concerns of the Remonstrants were primarily

the presence of drugs, fights, public disturbances, how the premise is being
operated and the need for police calls to the premise. He further stated the
Department has three enforcement issues pending for Grand Café.
Karen Dubois-Walton, Agent for the Remonstrants, questioned Lieutenant

Michael Fumiatti of the New Haven Police Department. Lt. Fumiatti stated he is
assigned to the Fair Haven area of New Haven where the Grand Café is located. He
stated he is also the District Manager for the Community Management Team that
concerns community policing. He stated Grand Café has not participated in their
meetings but issues concerning the premise are often raised. He described the
neighborhood as primarily residential with a school, day care and senior housing
nearby.
Lt. Fumiatti testified the New Haven Police Department has received
numerous complaints about the Grand Café over the years, particularly over
criminal activity. He testified to twelve instances that resulted in Police Reports
(Remonstrants’ Exhibits 1-12). He stated there have been numerous drug
violations as well as assaults and fights in the parking lot. He stated drugs were
found in the Grand Café in 2017 (see Exhibit 8) and in September of 2021 there was
a shooting inside the Grand Café resulting in an arrest for assault with a firearm
(see Exhibit 12).
Representative Alphonse Paolillo testified that he is the State Representative

for the 97th District and is the Deputy House Majority Leader. He stated his
constituents have reached out to him many times to express their safety concerns
regarding the Grand Café. Representative Paolillo submitted into the record
(Exhibit 14) a joint letter of testimony from Senate President Martin Looney,
Deputy Speaker Juan Candelaria and himself, outlining their concerns and strong
objection to the renewal of the permit for Grand Café. They note that according to
the New Haven Police Department data tracking, police have reported over 464
calls and have made 104 arrests around the bar’s address.
Frank Alvarado with the U.S. Small Business Association testified and
submitted written testimony (Exhibit 15) in opposition to the renewal of the permit
for Grand Café. He stated he is the Chairman of the Grand Avenue Special Services
District. He stated he has received numerous complaints about the activities
occurring at Grand Café and the adjacent parking lot, such as drug dealing, excess
noise, thefts, and other quality of life issues that have a negative impact on the
people and other businesses in Fair Haven. He stated no one from Grand Café has
ever reached out to the Association.
Sarah Miller testified she has been a resident of the neighborhood for over
twenty years. She testified to her concerns about safety with the drug activity and
loitering that occurs just outside the Grand Café. She testified this activity doesn’t
appear elsewhere in the community.
Henry Fernandez testified he has been a resident of the neighborhood for

eighteen years. He stated with the exception of the intersection where Grand Café
is, it’s a wonderful neighborhood. He stated he has concerns for his son and he
does not believe the owner of Grand Café has made any effort to address the
neighborhood’s concerns.
Members of the public Jessica Light, Carlos R. Galo, Elizabeth Flournoy, Ellen
Cupo, Abigail Storch, Jose Crespo, Lee Cruz, Martin Torresquintero, Carmen
Mendez, David Hunter, and Kevin Alvarez, all testified in opposition to the renewal
of the permit for Grand Café. All stated they were longtime residents of the
neighborhood. Many expressed their safety concerns and the negative impact to
their quality of life caused by the presence of Grand Café in their neighborhood.
Attorney David Crow representing the Grand Cafe questioned Jose Rivera,
who stated he has been a co-owner of the Grand Cafe since 2008. He stated the
bar has been there for over forty years. He stated Grand Café is located in a strip
mall with three other businesses. He stated one of the businesses is closed and the
other two are a smoke shop and a Chinese restaurant.
Mr. Rivera stated he has six employees and a number of regular customers.
Mr. Rivera stated he helped his employees when they were shut down due to Covid
restrictions, he has always paid his rent and taxes and is in good standing with his
landlord. (Submitted as Respondent A, a statement from his landlord). He stated
he is involved with the community by sponsoring a softball team and that he
sponsors another team in Hartford. He stated he has never had his liquor license
suspended or revoked.
Mr. Rivera testified he has spoken with the police and as a result installed a
special lock based upon the police’s recommendation. He stated they check
everyone’s identification and wand all patrons for weapons. He stated the landlord
installed cameras and “no loitering” signs in the parking lot. He stated he believes
the problems are due to the smoke shop. He stated he has confronted people in
the parking lot and when he calls the police they hang up or respond but leave
shortly thereafter.
Rodney Rivera testified he is an employee at the Grand Café. He stated he

does not believe the police activity in the area involves Grand Café employees or
patrons. He stated he has seen drug transactions in the parking lot and tells his
boss. He stated the owner is generally not there after five.
Julien Welch testified he has been a patron for about six or seven years and
volunteers to help at the premise. He stated he has never seen anyone in the bar
sell drugs.
Efrain Perez testified he works at Grand Café. He stated if they call the police
either they don’t come, or it takes forever.
Michael Keifer testified he is the Manager of the Grand Café. He stated he

has worked there for about thirteen years and has been manager the last year and
a half. He stated the Grand Café is a neighborhood bar with a middle-class clientele.
He stated there are many people who are regulars at the bar. He stated he believes
the smoke shop is causing the problems.
In view of the danger to public health and welfare inherent in liquor traffic,
the police power to regulate the liquor trade runs broad and deep, more so than
comparable regulatory powers over other activities. Williams v. Liquor Control
Commission, 175 Conn. 409, 411, 399 A.2d 834 (1978). Additionally, the Liquor
Control Act grants the Liquor Control Commission a liberal discretionary power to
determine factual matters with regard to liquor permits and to suspend or revoke
the permit after a hearing. Balog v. Liquor Control Commission, 150 Conn. 473, 191
A.2d 20 (1963). This power to suspend or revoke a liquor permit is exercised
conservatively, but mindful that dispensing liquor is a privilege and not a right.
Beckanstein v. Liquor Control Commission, 140 Conn. 185, 99 A2d 119, (1953).
Based upon the substantial evidence given at the hearing and evidence submitted
into the record, this is not a privilege we believe should be conferred upon the
applicant.
As demonstrated by the twelve police reports submitted into the record,

there is a long and substantial history of illegal activity occurring inside the premise,
in addition to the illegal activity in the parking lot. Most notably there has been a
recent shooting in 2021 inside the premise and in 2017, illegal drugs were found in
the basement. These police reports show there is a clear pattern of criminal
activity occurring in and just outside the premise. This has resulted in an
unreasonable and disproportionate amount of police response being required.
Many individuals came forward to testify about their fear for their physical
safety and that of their families. Many also spoke to the quality of life of the
neighborhood being adversely impacted by the presence of the bar.
Mr. Rivera stated his belief the problems in the area are due to the smoke
shop located in the same strip mall. However, there has been illegal activity inside
the premise as well as outside. It also appears the applicant has been passive in
operating the business and has made very limited attempts to address the
problems associated with the business. It also appears there has been very little
effort to reach out and be a part of the community.
Under C.G.S Sec. 30-39(c), there must be an objection to the suitability of

the applicant or the proposed place of business to deny a permit. In the present
case, there is substantial evidence to deny the café permit’s renewal and to find
that both the applicant and the location are unsuitable for a liquor permit.
Accordingly, the Liquor Control Commission hereby grants the remonstrance and
denies the renewal of the café liquor permit renewal application of Cruz A. Vasquez
and Grand Café.
DEPARTMENT OF CONSUMER PROTECTION
LIQUOR CONTROL COMMISSION
BY:
________________________________________
Anne K. Stiber, Esq., Designated Presiding Officer
________________________________________
Dominic Balletto, Commissioner
_________________________________________
John P. McKinney, Commissioner
Parties:
Karen Dubois-Walton, Agent for the Remonstrants

58 East Pearl Street
New Haven, CT 06513
Attorney David Crow

The Law Offices of David Crow, LLC
378 Boston Post Road
Suite 302
Orange, CT 06477
Cruz A. Vasquez, Permittee

Grand Café
118 Grand Avenue
New Haven, CT 06457-2247
Nonparties:
M. Caitlin Anderson, Director, Liquor Control Division
Connecticut Beverage Journal, 2508 Whitney Ave, P.O. Box 185159. Hamden, CT
06518
Connecticut State Library, 231 Capitol Avenue, Hartford, CT 06106

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STATE OF CONNECTICUT

DEPARTMENT OF CONSUMER PROTECTION

Cruz A. Vasquez, Permittee

MEMORANDUM OF REMONSTRANCE DECISION

Scott Madeo, DCP Staff Attorney, entered as Commission Exhibit A, the

Agent Boucher testified the concerns of the Remonstrants were primarily

Karen Dubois-Walton, Agent for the Remonstrants, questioned Lieutenant

Representative Alphonse Paolillo testified that he is the State Representative

Henry Fernandez testified he has been a resident of the neighborhood for

Rodney Rivera testified he is an employee at the Grand Café. He stated he

Michael Keifer testified he is the Manager of the Grand Café. He stated he

As demonstrated by the twelve police reports submitted into the record,

Under C.G.S Sec. 30-39(c), there must be an objection to the suitability of

Karen Dubois-Walton, Agent for the Remonstrants

Attorney David Crow

Cruz A. Vasquez, Permittee

M. Caitlin Anderson, Director, Liquor Control Division

Connecticut State Library, 231 Capitol Avenue, Hartford, CT 06106

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