In Massachusetts, a municipality’s Local Licensing Authority (LLA) grants liquor licenses. In the town of Saugus, the LLA is the Board of Selectmen. On July 24, 2012, the LLA entertained three proposals for its sole remaining all alcohol license. The winning bid was J. Pace & Son Downtown, Inc. (“Pace”), who intends to lease the second floor of its commercial condominium complex to operate a business called “Rosaria’s.” Pace’s application focused on its “fitness” for this new facility and its benefits to the community at large, both economically and socially, by describing the size of the facility, the cost of its development, the number of employees it would maintain, and the estimated tax revenues, in the form of meals and real estate tax, that would accrue.
A potential licensee, to prepare for a meeting with your LLA, should be well informed both factually and legally of the community’s history in licensing establishments similar in location or type to itself in order to anticipate any and all criticisms that may be addressed by the LLA or any participating public attendees. The premises, neighborhood, and community as a whole, as well as shifting demographics or community goals should be understood. The best way for a potential licensee to understand the law that applies to its business type is to consult an attorney. Further, it is important for the attorney of the potential licensee and the licensee itself to speak during the hearing and be persuasive in their respective presentations. Persuading the LLA is rooted in good eye contact, behaving forthrightly, candidly, respectfully, and present itself as a responsible member of the local business community.
Carmaleno’s Pushcart Restaurant and Pearl Street Café, who failed to persuade the LLA, argued that the license would enhance the business’s profits. Carmaleno’s attorney explained that if the license were awarded to its client, no construction would be necessary and the license could be active within just a few days. Property owner of the The Pearl Street Café location said that it had been vacant for two and a half years and that the restaurant would be a good fit.
The LLA, in making its decision, noted that the town of Saugus, while unique in that it has a major highway running through it, still needs more available liquor licenses to avoid any injustice. The selectmen emphasized Pace’s exceptional business plan, historical ability to create revenues, and community development efforts in making its decision. After emerging from recess, the LLA voted 5-0 to give the all-alcoholic common victualer’s license to Pace, conditioning the issuance on the business’s opening by the end of the year.
CONTRIBUTED BY ROBIN E. SOSNOW