Revere License Commission Splits on Approval of Used Car Dealer License

The Revere License Commission held its regular monthly meeting last Wednesday, August 17, in the City Council Chamber.

Chairman Robert Selevitch and fellow members Daniel Occena and Linda Guinasso were on hand for the meeting.

The principal business that consumed most of the hour-long session was the often-continued hearing on an application for a Class 2 Motor Vehicle Dealer License by Kenneth G. LaFauci d/b/a Brothers Auto Body, to be exercised at 16 Naples Road.

The commission’s eventual decision to grant LaFauci a conditional license for a period of six months was decided on a vote of 2-1, a rare split among the commission members, with Selevitch opposed, but Occena and Guinasso in favor.

Prior to the lengthy hearing on that matter, the commission took up a number of routine items, which were as follows:

Item #1:

Triangle Pro, Inc., d/b/a Billy C, 441 Revere Street, Jin Fang Wang, Manager

Application for a Change of DBA: Application of Triangle Pro, Inc. d/b/a Billy C for a change of DBA from Billy Tse’s.

Mr. Wang presented the application to the commission. He told the commission that the business wanted to change the sign in front of the business with the new name.

There were no opponents and no proponents The commissioners had no questions and approved the application unanimously.

Item #2

99 West, LLC, d/b/a 99 Restaurant & Pub, 121 VFW Parkway, Alan Kerr, Manager.  Application of 99 West, LLC d/b/a 99 Restaurant & Pub, Alan Kerr, Manager, for a change of manager from William Butts.

Mr. Kerr presented the application to the commission. He explained that the new manager is not a citizen and that he, as the operations manager for seven 99 Restaurants, is on call 24/7 and often is at the Revere location.

There were no opponents and no proponents The commissioners had no questions and approved the application unanimously.

Item #3

Cafeteria Las Delicias Colombianas, Inc. 86 Shirley Avenue, Maria Arango, Manager, Application for a Change of Manager, Change of Officers/Directors, and Transfer of Stock: Application of Cafeteria las Delicias Colombianas, Inc., Maria Arango, Manager for a change of manager from Nurth Cordero, a change of officers/directors, and a transfer of stock.

Atty. Frank Ravinal from Needham presented the application to the commission. He told the commission that Ms. Arango has been a part-owner of the business for two years, but now that she has become a U.S. citizen, she has purchased the remaining shares of the business and would like to be listed as the new manager.

There were no opponents and no proponents The commissioners had no questions and approved the application unanimously.

Item #4:

Diana Cardoña, 250 Revere Street, Event Manager, Application for Two, 1-day Malt/Wine and Entertainment Licenses, said licenses to be exercised at St. Anthony of Padua Church. The first event will be on Saturday, 9/10/22 from 6 p.m. – 10 p.m. and will be a Colombian Gala showcasing folklore of the country. The second event will be on Saturday, 9/24/22 from 6 p.m. – 10 p.m., and will be a comedy show from Colombia, with singers and dancers. Expected attendance at both events is 300.

Ms. Cardona presented the application to the commision. She said she intends to sell “soft sangria” products and further explained that the Colombian Gala event on September 10 is the first time that it has been held since the start of the pandemic.

“This is a big moment for the Colombians in Revere and we can gather together to show some of the Colombian culture and new artists who are coming out,” Cardona told the commission.

Guinasso expressed some reservations about the capacity of the hall at St. Anthony’s, but Cardona said that she was informed that the hall can accommodate more than 300 persons.

“This will be a family event,” noted Cardona, who added that her group will obtain a police detail if the number of attendees exceeds 300.

Ward 3 City Councilor Anthony Cogliandro briefly spoke in support of the application and said he had no reservations about the security at the event.

“I think this is a great thing for the city,” added Guinasso.

The commission then voted unanimously to approve the application.

Item #5:

A late-added agenda item was a request by the Joseph L. Mottola VFW Post for a one-day license to hold a cornhole tournament.

Matthew Cunningham presented the application. He told the commission that the money raised on the September 11 tournament date would be used to provide the funds for a barbecue the following week for the residents at the Chelsea Soldiers Home.

There were no proponents or opponents and the coimmisson voted unanimously to approve the one-day license.

The commission then turned its attention to the matter of the application for a Class 2 Motor Vehicle Dealer License by Kenneth G. LaFauci d/b/a Brothers Auto Body, to be exercised at 16 Naples Road.

Atty. Edward J. Lonergan from Nahant presented the application to the commission.  

Lonergan started by presenting a folder with 17 exhibits to the commissioners. He also explained that he had requested a number of continuances of the hearing because of a large number of outstanding citations that had been issued by the City of Revere and that were pending in the Chelsea District Court.

He said that the city voluntarily dismissed 30 of the citations last week, although there still are 49 citations before the court.

“These citations are procedural (pertaining to a missed filing date) and not substantive in nature,” Lonergan said, who noted that the fines with interest amount to about $32,000. “There never has been a substantive violation at these premises. We’re here today and hoping that Mr. LaFauci can get a fresh start.”

Among the exhibits presented by Lonergan was a letter of support from City Councilor Dan Rizzo and a petition signed by 81 private individuals expressing their support for LaFauci’s application.

Lonergan also spoke about some past history involving the building, dating back to before it was owned by the LaFauci family, when city agencies began to bring up code violations.

“Mr. LaFauci has spent $50,000 to make the building compliant with the codes,” added Lonergan. “He’s been through a lot, he’s spent a lot of extra money, he’s a good man, and he has a 35-year history,” said Lonergan.

Selevitch brought up the matters of LaFauci’s past criminal convictions for altering vehicle identification numbers and for a sticker scheme in which a State Trooper also was convicted.

He was convicted in 2011 of bribing a State Trooper, who himself pleaded guilty,  in connection with a scheme to get fraudulent inspection forms for uninspected salvage vehicles.

In 2018, he was convicted of switching vehicle identification numbers in an attempt to get a fraudulent salvage title,

For the latter conviction, LaFauci was sentenced to a jail term.

“These convictions go right to your credibility and your ability to be a reputable car dealer,” said Selevitch. “These past matters are cause for concern and our job as commissioners is to protect the public from these things.”

“Our position is that you have to look at the entire 35-year history of this man,” said Lonergan. “That activity was an aberration. This is not the man who has been running this business.”

“Well, the record would say otherwise,” said Selevitch. “As far as the people who signed the petition, it appears that most of them are from outside Revere.”

“The people who signed the petition are those who have interacted with the business,” said Lonergan, who also noted the very strong letter in support of LaFauci by Councilor Rizzo.

“He is a man of character and I think he deserves your encouragement,” said Lonergan. “He’s paid a very demanding price and he should be restored to conduct a business that he’s done well.”

“Over the last two years, I’ve spoken to the neighbors and everyone has spoken very highly of him,” said Occena. “As far as the criminal matters, I think there were a number of factors that played into his admission of guilt and his willingness to plead guilty at that time, I’m certainly not going to hold him to that at this present time.”

Occena said he did have concerns however, about a signature on an application to the Registry of Motor Vehicles for a dealer’s license in 2020 and about the unpaid fines.

Councilor Cogliandro spoke in support of LaFauci.

“I’m hoping we can give a person who has been in business in our city for 35 years a fresh start,” said Cogliandro. “This man has a family and his employees have families. I really would like to afford him the opportunity to do the right thing. If mistakes were made,well, I’m sure all of us can look back and say that we have made mistakes, too. But I believe that everyone deserves a second chance.”

Cogliandro suggested that the commission give LaFauci a temporary license with conditions that LaFauci must adhere to.

Another person, who identified himself as a neighbor of LaFauci’s, spoke in support of the application.

Guinasso noted that she bought a car from LaFauci many years ago and that he stood by his sale. “Any time I called him, he was right there to resolve the problem,” said Guinasso. “Everyone agrees that he stands by his customers.”

“There is a long history here,” said Selevitch. “The State Police came here at a previous hearing to object to giving him a license. It is our responsibility as a license commission to protect the public from what I consider to be an unscrupulous business — and then we get into the unpaid fines and the altering of a document to the Registry.”

“I hear my fellow commissioners,” said Occena “I don’t think this gentleman should be punished into perpetuity. Here we are in 2022. I think this gentleman has cost himself hundreds of thousands of dollars at this point.”

Occena then suggested that the commission could give LaFauci a temporary license for 90 days in order to resolve the $32,000 in outstanding fines, either by paying them or having the district court adjudicate the matter.

“I don’t think that’s a wise position,” said Selevitch. “This is not punishing someone in perpetuity, so much as it is protecting the public.”

“I really hate to be put in this position,” said Guinasso, referring to the fact that she now was the deciding vote. “I see both sides. However, we never have received a complaint from a customer. So I guess on my end, I’m looking at the protection of the people of the city. I don’t think that his service to the people of this city ever has been in question.

“I’d like to give another chance and see if he can do things the right way,” concluded Guinasso, who said she would support Occena’s motion to conditionally approve the license for six months, with a status report in 90 days, in order to resolve the issue of the outstanding fines.

Selevitch then announced that the license was approved for the 90-day period pursuant to Occena’s amended motion.

The commission received one communication in the past month, a notification from the Massachusetts Alcoholic Beverages Control Commission (ABCC) of a Return No Action for a transfer of license application of Santa Fe Super Market Corp.

The commission then adjourned until its next meeting on September 21.