Law Offices of John P. Connell, P.C.: Is a 30-day liquor license suspension too harsh for restaurant owners? In a recent ABCC decision captioned In Re: Demosthenes Greek-American Democratic Club of Ma, the Alcoholic Beverages Control Committee (ABCC) found this establishment in violation of 204 CMR 2.05 (2), permitting illegality on the premises; that being a restaurant’s purchase of alcoholic beverages from a liquor store. Massachusetts General laws Chapter 138 §23 prohibits §12 restaurants from purchasing alcoholic beverages from any other sellers than those purchased from §18 wholesalers, certain “farmer” brewers, wineries and distilleries under §19, or from a special permit under §22A.
In the Demosthenes Greek-American Democratic Club of MA decision, upon finding a wine bottle with a prefixed price sticker, the ABCC conducted an investigation of the premises at Demosthenes Greek-American Club, which lead to the discovery of 371 separate purchases from Ball Square Liquors, a liquor store located in Somerville, totaling $58,567. The ABCC suspended the club’s liquor license for 30 days.
In a companion case, also relating to Ball Square Liquors, the ABCC issued the same 30-day sanction to another restaurant after finding just a few cases of beer on that restaurant’s premises. Accordingly, it appears to be irrelevant whether an establishment is found to be in violation for purchasing just one case of beer, or the establishment has purchased its entire inventory from a liquor store.
Submitted by Libby Mouradjian
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