Massachusetts Alcoholic Beverage Licensing Blog

The Wegmans at Westwood Station was supposed to end New England's long wait for the grocery chain.

That was four years ago. The company, based in the Rochester, N.Y., area, had to defeat numerous challenges in the Massachusetts Legislature to secure a liquor license. But the economy soured and the Westwood Station project still hasn't begun

But a partnership of local developers has now bought the 130-acre Westwood site. A group led by New England Development is moving ahead with a scaled-down master plan for the project, now dubbed University Station, and a hoped-for opening date of 2014.

Wegman's has since opened a store in Northborough and is working on plans for stores in Newton and Burlington. Wegmans has apparently revived its plans to come to Westwood too, now that the Station project is moving ahead again.

The Patriot Ledger reports that Marshfield selectmen have awarded the town's last remaining beer-and-wine license to the Roche Bros. supermarket, just three months after rejecting Star Market's bid for the same permit.

Both stores are off Route 139, about 2 miles from each other. Although the selectmen voted unanimously to award the license to Roche Bros., one member of the board said the town should ask the state to grant an additional license for Star Market.

"It gives Roche Bros. an unfair competitive edge in Marshfield," Selectman John Hall said.

Selectmen said they rejected Star Market's request for the beer-and-wine license in February in order to avoid concentrating the sale of beer and wine near the intersections of Route 3A and Webster Street. They said there are four other liquor stores within walking distance of the Star Market at 20 Snow Road.

Hall told the Ledger that he was opposed to alcohol sales at all grocery stores in Marshfield until he recently drove through a neighboring community and noticed a growing number of alcohol-selling establishments, including grocery stores and gas stations.

"If we are trying to protect our small businesses by not giving beer-and-wine licenses to our supermarkets, then our supermarkets are at a disadvantage to the stores on the outskirts of town," Hall said.

Because the board has no more beer-and-wine licenses to give, the selectmen have agreed to discuss the possibility of proposing a home-rule petition that would give Star Market a license to sell alcohol. For this to happen, a home-rule petition must be approved at a town meeting and by the state Legislature.

Steve Sylven, spokesman for Supervalu Inc., the parent organization that owns Shaw's and Star Market locations, said the beer-and-wine license can provide their customers with a more convenient shopping experience.

"Although we were disappointed that the initial request for a license was not granted, we are pleased the Marshfield selectmen are potentially open to revisiting our application and are looking forward to that future discussion," Sylven said.

McDonough told the Ledger that Blanchard's Wine and Spirits at 700 Plain St. is the only alcohol-selling merchant within walking distance of the Roche Bros. store, which is at 605 Plain St. McDonough also said he was impressed with the supermarket chain's track record with the selling of beer and wine.

"They have beer-and-wine licenses in three other (Massachusetts) communities, and they've never had any issues," he said.

Some news here about Brookline and the prospect of additional lincenses.

The Boston Globe reports that the town of Sharon may soon allow stores to sell hard liquor for the first time, if Town Meeting approves the measure.

Under existing policy, restaurants can be licensed to serve all types of alcoholic beverages, but stores are limited to beer and wine.

The article before Town Meeting calls for Sharon to submit a home-rule petition to the Legislature to allow alcohol sales in three areas of town.

Town officials who favor the change say they hope to boost business and convenience; similar sentiments have loosened alcohol restrictions elsewhere in recent years, such as in nearby Westwood, where the town decided in 2008 to allow a proposed Wegmans store to sell beer and wine.

Westwood was one of a shrinking number of "dry" towns in Massachusetts until 2005, when the town began allowing restaurants there to serve alcohol. But it did not allow stores to sell beer and wine until the Wegmans decision.

Benjamin Puritz, the town administrator in Sharon, told the Globe that liquor stores in neighboring communities draw customers out of town.

"I think from an equity point on view . . . it's disadvantageous for Sharon not to be able to offer the same kinds of alcohol options of each of the contiguous communities," he said.

The vote comes at a time when the state is gradually increasing the number of off-premises licenses a store may hold, thus allowing chains to sell alcohol at more locations. Until this year, one company could hold only three such licenses; the number is now five and will rise to seven in 2016 and then nine in 2020.

The Town Meeting article calls for Sharon to submit the home-rule petition for liquor sales in Shaw's Plaza, the Route 1 area, and the proposed Sharon Commons development, all of them near highways.

Food markets that sell beer and wine elsewhere in town have raised objections, saying liquor stores that offer one-stop shopping will leave them behind.

"It will certainly draw business away from me," said Jonathan Hall, owner of the Sharon Market, located in the center of town.

The Boston Globe reports that Foxborough selectmen approved an all-liquor license for a Trader Joe's supermarket scheduled to open in Patriot Place later this year.

The unanimous decision was made this week on the condition the company agrees not to sell alcohol during events at Gillette Stadium, that it won't stock containers of alcoholic beverages that are smaller than 8 ounces, and that it will delay the sale of hard liquor until Jan. 1, 2013.

For weeks, residents and town officials have expressed concerns about granting such a license to an establishment so close to Gillette Stadium. The hesitancy didn't stem from concern about the store itself, officials stressed, but about potential liquor sales as the town is working to curb binge and underage drinking that often plagues events at the stadium and other locales.

The Globe reports that three of the California-based grocery chain's 17 Massachusetts stores - in Brookline, Cambridge, and Framingham - sell beer and wine. None sells hard liquor.

Trader Joe's will transfer Foxborough's only available all-alcohol license from Central Wines & Spirits to the new outlet at 350 Patriot Place, the former site of a Circuit City electronics store.

Store management will also work with the town to help identify people who use fake IDs to purchase liquor, town officials said.

On Wednesday, Patriot Place general manager Brian Earley welcomed Trader Joe's to the mall and said the company has "already proven to be willing and cooperative partners with the community, which validates their reputation as the leading specialty grocer in the US.''

The Daily Gazette reports that the Amherst Select Board agreed with opponents to the Cumberland Farms convenience store at 35 Belchertown Road selling beer and wine, and unanimously turned down its request for a license.

Among the reasons cited by the board were a determination that there is no need for additional alcohol sales in that section of town, and poor sight lines for exiting motorists.

Several people spoke in opposition to the request by Cumberland farms for one of the six remaining wine and malt package store licenses which are issued annually by the town.

"I just can't personally support them having a wine and malt license," said Select Board Chairwoman Stephanie O'Keeffe, adding that it is not a good fit with a gas station and convenience store that sells on-the-go items. "The idea that there is also beer and wine with that is a troubling message," she said.

The Gazette reports that Select Board member Alisa Brewer said having a convenience store sell beer and wine in a community that already has alcohol-related challenges - in part because of a large number of college students - is troubling. "It's different from the other types of businesses we have," she added.

Select Board member James Wald said he agreed with turning down the application because beer and wine sales would not be essential to the store's livelihood.

The decision can be appealed to the state Alcoholic Beverages Control Commission.

The Bourne Courier reports that the Selectmen have voted to reject a request by All Bourne Liquors Inc. to triple the space at Monument Wine & Spirits Shop in the nearly vacant shopping center off Clay Pond Road, Monument Beach.

But the board did not vote to transfer the package store license to the firm that had planned to buy the store and operate it as Luke's Liquor 'N More. The lack of a vote was apparently inadvertent.

Town Counsel Robert Troy then issued an opinion saying selectmen must conduct a second public hearing on the request to transfer the liquor license. Troy ruled the town must also advertise the hearing at least 10 days prior to the hearing date.

Town Administrator Thomas Guerino's office, meanwhile, has received no word of an appeal by Bourne Liquors to the Massachusetts Alcoholic Beverage and Control Commission, the Courier reported.

The Newton Tab reports that in a unanimous vote, the Newton Licensing Board has denied a beer and wine license for a new Star Market supermarket on Boylston Street.

During a public hearing on Feb. 21, licensing commissioners Martina Jackson and James Mitchell agreed that Star Market is a good corporate citizen, but said the Chestnut Hill area is already well served by three liquor stores, including Urban Grape (owned by a Wesleyan friend, Hadley Morash), GPS Wine & Spirits and Winestone.

Jackson, who serves as board chairwoman, was also worried there wouldn't be enough evening staff to ensure minors can't buy alcohol.

"I think there is legitimacy in the concern of staffing at night, when you think it would be the most vulnerable time for the sale or attempted sales to minors, especially considering the proximity to Boston College and other institutions," she said.

The Newton Tab reports that at the hearing in Newton City Hall, Star Market company attorney Jon Aieta said store managers planned to move the Wild Harvest health food section and replace it with a traditional wine and beer selection. He said the section would take up 1,500 square feet, or 4 percent, of the store.

"Based on the other [Star Markets], the average for wine was in the $9 to $10 range. We're looking to fill a void that's not serviced in this area, and they do want to have traditional domestic beers and wines. They'll also have some craft beers and some high-end wines, but they want to have everything based on what the customers want," Aieta said.

About 25 Newton and Brookline residents showed up for the hearing, in opposition to the application. Nobody spoke in favor of the license.

Patch.com reports about the public hearing held in Needham to debate allowing package stores in Needham. I absolutely support this concept; the "dry town" is an anachronism. There is NO evidence that having a package store or upscale wine shop in Needham would increase alcohol consumption among teenagers. Let's not forget that businesses have to ID buyers and face severe consequences for failing to do so. And Needham is losing money -- residents now go to Newton or neighboring towns to purchase alcohol, while downtown Needham storefronts sit empty.

Patch.com reports that those in support of lifting Needham's dry status talked Tuesday evening about the convenience of having wine and beer sold in town and the potential for bringing dollars now spent out of town back to Needham. But those who were against changing the law argued that allowing retail sales of alcohol would just make it easier for local youth to get their hands on these beverages, calling the matter "a public health issue."

About 75 people attended the selectmen's public hearing on whether to allow retail sale of alcohol in town--the purchase of wine, beer and possibly liquor for consumption off-site. This type of business, referred to as a "package store," has not been allowed in Needham for more than 75 years.

The town does allow the sale of alcohol in restaurants with more than 100 seats, and one-day licenses can be obtained for events where alcohol will be served on-site.

For more than an hour on Tuesday, Dec. 6, residents lined up at the microphone inside the James Hugh Powers Hall to speak on the issue.

Before the public comment portion, Council of Economic Advisors member Elizabeth Grimes reviewed the potential economic benefits of allowing alcohol sales in Needham, noting that it was difficult to collect exact numbers on the subject. She referenced the Food Marketing Institute's annual retail purchase survey, which found that the average U.S. household with an annual income of $65,000 to $75,000 spends about $500 per year on alcohol and that alcohol makes up about 6 percent of the average American's food budget.

She also estimated that Needham could see about $2,500 annually in additional license fees for alcohol sales. However, others later argued that any increase in fees would likely be offset by the cost of administering those licenses and additional police monitoring.

Continue reading "Needham Residents Weigh Existence of Package Stores " »

The House of Representatives has advanced a bill that would allow package stores to open the day after Christmas - a measure that would remove one of the last remaining Colonial-era blue laws restricting alcohol sales.

Current state law requires package stores to close Monday when Christmas falls on a Sunday, which means package stores this year will need to stay closed for two consecutive days.

"This is one of the quirks in the blue laws we never fixed," said Jon Hurst, president of the Retailers Association of Massachusetts, as quoted by the Patriot Ledger.

Hurst said he hopes to see the bill pass the House and the Senate and be placed on Gov. Deval Patrick's desk soon to give stores ample opportunity to schedule employee shifts and advertise to customers that they will be open Dec. 26.

Stores are still required to be closed Christmas Day, but package stores were left out of the equation in 2005 when the Legislature clarified state laws to make clear that most retail establishments are allowed to open the day after Christmas when the holiday falls on a Sunday.

The once-restrictive Sunday and holiday retail laws in Massachusetts have taken nearly two decades to unravel starting in 1994, when voters approved a ballot question that allowed retail stores for the first time to open on Sundays throughout the year.

Package stores first earned the right to open on Sundays in 2003 when the Legislature voted to allow cities and towns to grant licenses for Sunday alcohol sales.

"There's no real reason why they shouldn't be selling alcohol on the day after Christmas," said Rep. Colleen Garry, D-Dracut, who sponsored the bill, as quoted by the Patriot Ledger. "There's nothing legitimate about it except that it's an old blue law, and this will put stores on a level playing field with surrounding communities in other states."

After alcohol industry insiders struck a deal to permit supermarkets and other large retailers to gradually acquire more alcoholic beverage licenses, their proposal sailed through the Legislature this month and Gov. Deval Patrick agreed to it this week, signing the new legislation.

Under the new law, sponsored by Sen. Michael Rodrigues, D-Westport, the cap on licenses per corporation would be lifted from three to five in 2012, up to seven in 2016, and to nine in 2020. The bill also would assess applicants $5,000 for every license in they obtain in excess of three. This enables supermarkets and liquor stores to increase the number of licenses that each company can hold.

In 2006, Massachusetts voters by a 53-41 margin rejected a ballot question permitting sales of wine at food stores. That question divided the electorate, drawing opposition from package stores and others fearful of increased underage drinking and increased drunk driving.

But the latest proposal spurred no debate or controversy on Beacon Hill. John Stasiowski, president of the Beer Distributors of Massachusetts, which opposed the 2006 ballot question, told the News Service in October that the bill does not create a new category of licenses, stays within the existing quota system and preserves the authority of local officials to approve licenses.

Rodrigues says the idea is to give consumers for buying alcoholic beverages.

"Consumers want choice and consumer want convenience," he said last
month. "In most states beer and wine are available anywhere, anyplace."

The Senate has approved and sent to the House a bill that would allow supermarkets and other large retailers to hold more alcoholic beverage licenses. The proposal increases the current cap of three to five in 2012, seven in 2016 and nine in 2020. The measure also would require stores to pay a $5,000 fee for every license they receive above three.

The bill is considered a compromise between opposing sides of a possible 2012 ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. The ballot question is being pushed by the grocery store lobby, and opposed by the liquor store lobby.

In 2006, voters rejected by a 53-41 margin a similar ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. Proponents had argued that 34 other states allow this and argued it would end a monopoly and save consumers millions of dollars by fostering more competition. Opponents said the measure would increase underage teens' access to liquor and lead to a hike in drinking-related problems and drunken driving accidents and deaths.

Plans to open a Wines & More liquor store in the former Borders Bookstore at 497 Turnpike Road (Route 9) have been put on hold.

The store was part of the bankruptcy proceedings involving Borders, the national bookstore chain that went out of business earlier this year. Wines & More had negotiated a lease with the previous owner, Harry Botsivales, a Cape Cod-based real estate investor. But last week, the holder of the loan on the property, LNR Partners LLC of Miami, foreclosed on the site.

Bud Perrone, a spokesman for LNR, said that on September 27, LNR took possession of the property, which has been vacant since the Borders Bookstore closed. "The site is currently being marketed to potential users," he said.

The Boston Globe reports that industry groups have struck a compromise to allow more grocery and package stores to sell alcohol.

I think this is wise. Currently, stores like Whole Foods or Trader Joe's, as well as liquor stores owned by the same company or person, can only sell alcohol at three locations across the entire state.

Under the agreement, the statewide cap on the number of liquor licenses store companies and individuals can own would gradually increase so that they can sell alcohol at more locations. The limit for these "off-premises" licenses, now three per company, would climb to five next year, to seven in 2016, and nine in 2020. Permits would require local approval.

A revised bill reflecting the new agreement was voted out of committee on Thursday, and could come before the full Legislature as soon as next week.

After a campaign over a 2006 ballot measure to allow more food stores to sell wine, supermarkets and liquor stores, along with beer and wine distributors, were reluctant to renew the battle, the Globe reported.

"It was a real motivator," said Jon Hurst, president of the state's retailers association. "It's a good compromise. I give both sides a lot of credit."

The 2006 ballot question was among the costliest in state history, with corporate interests spending more than $11.5 million spent to sway voters.

The measure, which was defeated 56 percent to 44 percent, would have allowed cities and towns to issue new licenses to grocery stores, and allowed them to hold an unlimited number.

The current legislation, however, works within the established quota system.

"It doesn't change the overall number of licenses, just the number you can hold," he said.

The raised cap on licenses would also give package stores more opportunity to grow, and increase the value of their current license should they decide to sell.

Critics have also raised concerns that teenagers will find it easier to buy alcohol from supermarkets than smaller liquor stores. Supporters say that with increased competition, customers will save money and enjoy increased convenience from one-stop shopping.

Police surveillance of liquor stores and restaurants has resulted in multiple arrests of underage persons for purchasing of alcohol and a five-day liquor license suspension for Powdermill Road business Millstream Liquors in Maynard.

Over a five-week period, officers witnessed the sale of liquor to underage patrons at Millstream Liquors. In three instances, the customer was not asked for ID and the clerk twice accepted a false out-of-state ID.