Tag Archives: John P. Connell

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ASSESSING THE “PUBLIC NEED” OF A LIQUOR LICENSE

Law Offices of John P. Connell, P.C.:  When approving the grant or transfer of a liquor license, a local licensing authority (“LLA”) determines the license’s “public need.”  Pursuant to M.G.L. c. 138, § 23, a LLA has the authority to approve the grant or transfer of a license “with a view only to serve the public need and in such Continue Reading...
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DOES A LOCAL LICENSING BOARD HOLD AUTHORITY TO ROLLBACK A LICENSEE’S HOURS?

Law Offices of John P. Connell, P.C.:  Under Massachusetts law, when a local licensing authority (“LLA”) takes action to “modify” a licensee’s license, the licensee can normally appeal that action to the Alcoholic Beverages Control Commission (“ABCC”) for a hearing. M.G.L. c. 138, §67.  However, where a LLA decreases or otherwise changes the hours a licensee is authorized to sell Continue Reading...
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LAW OFFICES OF JOHN P. CONNELL PREVAILS IN ABCC CASE RELATING TO AN ALLEGED “UNDERUTILIZATION” OF A LIQUOR LICENSE

Law Offices of John P. Connell, P.C.:  On April 9, 2013, the Alcoholic Beverages Control Commission (“ABCC”) issued a decision for an unusual case in the matter of Karen A. McGovern d/b/a Puffin’s Restaurant (“Puffin’s”) in which the Law Offices of John P. Connell, P.C. represented Puffin’s in an appeal against the Town of Millbury Board of Selectmen (“Board”).   The Continue Reading...
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IT’S OFFICIAL: BEER PONG AND OTHER DRINKING GAMES ARE NOT PERMITTED IN MASSACHUSETTS LICENSED ESTABLISHMENTS

Law Offices of John P. Connell, P.C.:  In Massachusetts, bar owners are generally not permitted to allow drinking games in their establishments.  Pursuant to 204 CMR 4.03(1)(h), “no licensee or employee or agent of a licensee shall encourage or permit, on the licensed premises, any game or contest that involves drinking or awarding of drinks as prizes.”  Exactly what constitutes Continue Reading...
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LAW OFFICES OF JOHN P. CONNELL PREVAILS IN ABCC DISPUTE

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 Continue Reading...
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