Articles Posted in Appeals

A Hooters restaurant that was denied a liquor license by the Dedham Board of Selectmen is pleading their case to the state’s Alcoholic Beverages Control Commission.

The ABCC held the appeal hearing for Dedham Wings LLC, doing business as Hooters. The restaurant was denied a liquor license transfer from Summer Shack in April.

The restaurant says the denial was unfair, citing the lack of an alcohol establishment policy and insinuating that two of the four selectmen denied the transfer because they were up for reelection weeks later, according to the Dedham Transcript.

The Pittsfield Licensing Board is poised to suspend a city bar’s liquor license for two weeks for allowing dozens of underage people to get in one night last summer using false identification.

On Monday, the board is expected to vote on when the Back Nine Bar and Grill on Crane Avenue will serve the suspension that was issued five months ago, but was delayed while the business appealed to the Massachusetts Alcoholic Beverages Control Commission.

However, the Back Nine’s attorney, Thomas Hamel, said on Thursday the bar’s owner has dropped his appeal. The ABCC was scheduled to hold a hearing on it in March.

The Marabu nightclub in Lawrence was ordered this week to surrender its liquor license for 5 days for a second time in just two weeks after officials accused its owner of persistently violating liquor laws, building codes and noise regulations, and thwarting the police and inspectors who show up to enforce them, reported the Eagle Tribune.

“We’ve done so much to try to help her and it just gets thrown back in our faces, like we’re clowns,” Licensing Board Chairman Richard Fielding said just before the board’s unanimous vote. He referred to Nereyda Trempe, the owner of the popular Union Street club, who listened tearfully in the small hearing room. “We’re just fed up,” Fielding said.

The Licensing Board ordered Trempe to surrender her liquor license after reviewing a police report describing a May 9 incident when four men allegedly blocked traffic as the bar was closing and then skirmished with police who asked them to move on. At least one of the four is a minor who allegedly had been drinking inside the bar.

The Patriot Ledger reports that a Cohasset businesswoman, who thinks it’s unfair her beer has been banned because it has caffeine, is trying to convince state officials her Moonshot pilsner shouldn’t be on the same list as such notorious products as Four Loko.

“For a small independent company, the order to halt the sale of Moonshot has been devastating to my business,” Rhonda Kallman, founder of New Century Brewing Co., told the Alcoholic Beverages Control Commission this week.

The ABCC issued a 90-day statewide emergency ban on alcoholic beverages with caffeine added in the manufacturing process last fall. Tuesday’s hearing was held to gather comments about plans to make the ban permanent when the prohibition ends on Feb. 16.

After denying the transfer of a liquor license to a Shrewsbury man partly because of his character, the Northboro Board of Selectmen has approved the license transfer, but with conditions, reported the Worcester Telegram. The Board’s decision follows an ABCC reversal of the Board’s earlier decision to deny the license.

In March, the board denied the license transfer for Celtic Tavern, a Route 9 eatery, to Christopher J. Muello, sole owner of CJ Restaurant Enterprises. Muello appealed to the Alcoholic Beverages Control Commission. Following a hearing in June, the ABCC in September sided with Muello and decided the license transfer should be approved.

The Board of Selectmen then appealed the ABCC decision in Superior Court, but also asked town counsel to seek a settlement with Mr. Muello, the Telegram reported.

The Boston Globe reports on the quixotic quest of a Raynham laundromat in Massachusetts which seeks to become the first business in the Commonwealth to serve alcohol while customers wash their clothes.

On Wednesday, town officials will attend an appeals hearing before the state Alcoholic Beverages Control Commission to make sure local business owner George Moniz remains unable to serve his customers alcoholic drinks at the Raynham Laundry Center on South Street West. Moniz, who has owned the laundromat for five years, in March unsuccessfully pitched a plan to serve beer and wine during a liquor license hearing held by the selectmen.

In March, Moniz told selectmen his plan to serve beer and wine was part of an effort to make the business more customer-friendly: Patrons could tip back a brew while watching their laundry. Plenty of area restaurants provide food delivery, he argued, so customers could send out for snacks to accompany their drinks.

The Braintree Forum reports that a business called Wine Nation may appeal to the Superior Court an ABCC decision upholding the town of Braintree’s decision to deny the wine “superstore” an all-alcohol license.

Maryland businessman Thomas Trone is seeking to open Wine Nation, a 21,000-square-foot “wine superstore” that would have about 50 employees, in the empty building on 160 Granite St., formerly occupied by Linens n’ Things. Trone, represented by Gerald Caruso, asked the ABCC to review the town of Braintree’s decision denying his application.

Trone argued that Wine Nation was denied a license due to inaccurate information about traffic, invalid concern about competition, and bias shown by officials, but in its nine-page Sept. 14 ruling, the ABCC found that the board acted within the law and its authority.

Unusual story out of Chelmsford about a local meat shop seeking a wine and beer license from the state Alcoholic Beverage Control Commission (ABCC) after being denied by the town in a close 3-2 decision. Len Carpenter, owner of The Meat House in Chelmsford, was to appear before the ABCC on Aug. 4 to state his case in favor of the permit. If granted, The Meat House will sell wine and beer tailored to specific meals.

Carpenter told the Chelmsford weekly that his franchised establishments seeks licenses if they are available. Franchises in Walpole and North Andover do not have a license because they are located either adjacent to a liquor store or in the same plaza as a liquor store. The Arlington location is tiny and there were no licenses available in Beverly.

The one town to grant The Meat House a liquor license: Brookline. “We did think it was an unusual request,” Betsy DeWitt, chairwoman of the Board of Selectmen, was quoted as saying . “Their argument, which we can’t test yet, has been that they would be selling fresh meat and they would be selling specialty foods and wanted to sell the wine that would be consumed alongside a meal.”