DBR Grants Stay for Foxy Lady, Sets Stage for Club to Reopen

DBR Grants Stay for Foxy Lady, Sets Stage for Club to Reopen

Liz Tanner, head of the RI Department of Business Regulation has issued an order on Monday granting a stay to the Foxy Lady.

Tanner’s decision overrules the Providence Board of Licenses and set the pathway to restoring the strip club's liquor license.

The Rhode Island Supreme Court however denied the request for the stay this past week for the adult entertainment license at the Foxy Lady. 

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The club was closed earlier this month after the Providence Police charged three women with charges tied to prostitution.

“Based on the foregoing, the undersigned recommends that a stay be granted for the Class N, license revocation with the condition that the Appellant files and appears before the Board to discuss its new format, new business plan, and security plan for the Board's approval before it can open under its Class N license and when it re-opens, it maintain a police detail on Friday and Saturday nights as well as any openings the night before a State holiday,” wrote Tanner in the DBR’s decision.

The decision points out that the Board of License’s decision seems to be an overreach an inconsistent with previous decisions by the Board, “More recently, where a liquor licensee's manager was arrested for selling drugs, the Board ended up compromising at a 30 day suspension after discussing a 10, 60, or 90 day suspension or revocation of License. Tel Aviv, LLC d/b/a Tel Aviv v. City of Providence, 16LQ0 15 (12/18/16). At the stay hearing for this matter, the Board distinguished Tel Aviv from this matter on the basis that in Tel Aviv the owner did not know of the drug sales. Of course, whether the owner knew or did not know of a violation does not relieve an owner of responsibility for a violation.”

The decision stated, “Turning to a Board case involving prostitution inside a liquor licensee, in 2013 in a matter where undercover Providence police arrested dancers at an establishment for prostitution via lap dances in private booths, the Board concluded that the establishment created an area (private booths) conducive to the occurrence of illegal activities. The Board imposed a 20 day suspension of the establishment's liquor license which was upheld on appeal to the Department."

The Foxy Lady is expected before the RI State Supreme Court to restore its entertainment license.

This story was first published 12/24/18 3:20 PM.