Law Offices of John P. Connell, P.C.: On March 21, 2013, the Alcoholic Beverages Control Commission (“ABCC”) issued a thirteen page decision in the matter of Murflix, Inc. d/b/a Murphy’s Package Store (“Murphy’s”) in which the Law Offices of John P. Connell, P.C. represented Murphy’s in an appeal against the Board of Selectmen for the Town of Falmouth. The ABCC overruled the decision of the Board of Selectmen to deny Murphy’s application to transfer its license from one location to another within the town of Falmouth. To view the ABCC’s full decision click here.
In May 2012, Murphy’s, the holder of an all-alcoholic beverages retail package store license, applied to have its license transferred from its premises on Main Street, in West Falmouth, to a nearby location off of West Falmouth Highway. After giving notice to the public of the proposed change in location, the Board of Selectmen held two public hearings wherein residents of Falmouth came forward presenting their opinions and concerns regarding the matter. Following these hearings, the Board of Selectmen voted three to two to deny the application for change in location. The Board of Selectmen’s decision was based on the determination that there was no demonstrated “public need” for another package store in that area.
In support of its argument the Board of Selectmen pointed to the testimonies heard at the hearings, as well as several letters submitted by residents voicing oppositions to the proposed change in location. The predominant concern of these residents was that traffic and parking in the proposed location was inadequate and would not be able to withstand any new business a package store might bring. Yet the Falmouth Police Chief, the Deputy Fire Chief, and every other department in Falmouth that submitted their opinions regarding the matter voiced neither concern about safety issues arising from traffic, nor any concern for the license’s transfer in general.
One resident testified in opposition to the transfer because of the existence of another package store already located on the highway where Murphy’s proposed new location would sit. The Board of Selectmen used this testimony as additional support demonstrating lack of “public need.” Upon Murphy’s appeal however, the ABCC held that the Board of Selectmen had based its decision on a mere summation of the opposing testimonies heard at the hearings. The ABCC found that denying the transfer because of one pre-existing package store nearby “had the effect of continuing in place the monopoly held by the sole [package store].” The ABCC overruled the Board of Selectmen’s decision to deny the transfer of Murphy’s license, stating the Board of Selectmen made the denial “simply by conjuring a parade of horribles,” which the ABCC held was inappropriate and inconsistent with the Town of Flamouth’s own departmental findings. The matter has therefore been remanded to the Board of Selectmen with the ABCC’s recommendation that the license transfer be granted to Murphy’s.
CONTRIBUTED BY COURTNEY MCGEE
© Law Offices of John P. Connell, P.C., 2013.