Law Offices of John P. Connell, P.C.: Retailers licensed to sell food and alcohol may be at risk of losing their licenses as cities crack down on what constitutes adequate food service. Under Massachusetts law, any license issued for the sale of alcohol at a “restaurant” will not be renewed if a licensee fails to show he is in good faith operating a “restaurant” with proper food service. M.G.L. ch. 138, §12A. In recent months, the City of Boston in particular has been issuing an increased number of liquor license violations to “restaurants” that are in fact offering little or no food service.
In Massachusetts there are six different types of alcoholic beverage pouring licenses: Hotel, Restaurant, Tavern, Club, General-On-Premise, and War Veterans Club. For an establishment holding a Restaurant Pouring License, adequate food service must be provided or the establishment will become at risk of losing its license. After being warned by licensing authorities, establishments have attempted to remedy the issue by petitioning to change its license to a General-On-Premise Pouring License, but such licenses are not easy to obtain in light of the fact that such an application has to go through the “neighborhood process” where neighbors can oppose such a request.
Outside of areas with an already existing strong restaurant scene, such as the North End and the Back Bay, most neighborhoods in and around Boston generally will welcome a new restaurant if the concept is presented correctly. The same cannot be said for establishments that seek a General-On-Premise Pouring License, however, as few neighborhoods welcome just “barroom” establishments these days. While the cost of serving food may be high and not generating any profit for the licensed “restaurant,” the authorities are determined to have all licensed restaurants stay in compliance with the law and serve adequate food service along with drinks.
© Law Offices of John P. Connell, P.C., 2013.