Massachusetts Alcoholic Beverage Licensing Blog

Former ABCC Investigator Hitchman Gets Jail Time

Sat, 21 Jan 2012 00:29:29 -0500

A former inspector for the Massachusetts Alcoholic Beverages Control Commission (ABC) pleaded guilty last week to extortion charges and received jail time for using his position of authority to extort money from an Everett business under his jurisdiction.

Arthur Hitchman, 41, of Melrose, pleaded guilty on Wednesday, Jan. 11th, in Middlesex Superior Court to charges of Attempted Extortion, Soliciting and Accepting a Corrupt Gift to Influence an Official Act, Solicitation to Commit the Receiving of Stolen Property, and Improper Storage of a Firearm (two counts).

Middlesex Superior Court Judge Kathe Tuttman sentenced the defendant to two and one half years in the House of Correction on the attempted extortion charge and two years probation from and after on the additional charges.

The Everett Independent reports that according to authorities, the defendant contacted an individual who wanted to open a restaurant in Everett. Hitchman, who had knowledge of the prospective business owner's prior criminal conviction, indicated that because of that history the man might not be approved to receive a liquor license. However, Hitchman told the prospective business owner that he could secure approval for him if the man paid him $3,000 in cash.

On May 18, 2010, an undercover State Trooper, posing as a family member of the restaurant owner, met the defendant, confirmed the terms of his demand, and paid him $3,000 in cash.

The defendant allegedly accepted the money and told the trooper he would help secure approval of the license.

The investigation by Massachusetts State Police Special Service Section, Massachusetts State Police assigned to the Middlesex District Attorney's Office, as well as attorneys from the Middlesex District Attorney's PACT Unit, resulted in numerous conversations between Hitchman and the undercover trooper.

In these conversations, the defendant admitted that he had made changes to the affidavit filed by the restaurant owner in order to ensure the license would be approved by the ABCC, reports the Everett Independent.

Additionally, in the course of these conversations, the defendant, unprompted, offered to sell the undercover State Trooper illegal video poker machines worth more than one thousand dollars each, and suggested that the undercover State Trooper could use them to generate illegal revenues at the restaurant.

On July 13, 2010, a search warrant was executed at the defendant's residence in Melrose and, during the search, State Troopers recovered two 9mm semi-automatic pistols, one of which was loaded. Neither pistol was secured in a locked container or had a safety device of any kind.

Hitchman was arrested and arraigned that afternoon in Malden District Court where he was held on $3,000 cash bail with the conditions that he is to have no firearms and must stay away from the victim.

Wayland Selectmen Seek Details Before Approving Farmers' Market Wine Sales

Wed, 21 Dec 2011 22:43:08 -0500

Wayland Selectmen Monday night held off on approving temporary liquor licenses for two wineries interested in offering tastings during the Winter Farmers' Market at Russell's Garden Center, reports patch.com

The wineries, Still River Winery out of Harvard, Mass., and Westport Rivers Inc. out of Westport, Mass., each requested a one-day liquor license for wine to be sampled and sold for off-premises consumption on Saturdays only from Jan. 7, 2012, to March 10, 2012, at the Wayland Winter Farmers' Market.

The requests are virtually identical to other liquor license requests selectmen have previously approved, which, selectmen said, is largely their concern.

"I'm just concerned with the frequency," said board chair Tom Fay.

Town Administrator Fred Turkington estimated that the approval of these liquor licenses would mean Russell's Garden Center would host businesses offering samples and sales of alcohol for 40 weeks out of a 52-week, yearlong period.

"Forty weeks out of the year seems a bit much to me," selectmen John Bladon said.

Selectmen stressed that they do not want to inhibit local business, but said they would like a representative from Russell's to speak with them about the details of the wineries' presence at the Winter Farmers' Market.

In mid-2010, Massachusetts legislature approved the sale of local wines at farmers' markets. The operators of the markets must obtain liquor licenses from the local city or town in which they wish to sell. Initially, most communities approved the sale for one day at a time, not the entire season, which was the case for a Jan. 29, 2011, Wine Day at the Winter Farmers' Market.

Patch.com reports that in June 2011, Wayland selectmen approved a seasonal liquor license for three wineries to participate in the Summer Farmers' Market at Russell's. It was the first time that selectmen had approved a seasonal license rather than a one-time license. The three wineries did not all serve in the same week, but rotated their appearances at the Summer Farmers' Market.

Greenfield nightclub cited for violations following drug charges against club owner

Tue, 20 Dec 2011 22:38:36 -0500

Greenfield's Board of License Commissioners has ordered the Easy Street Nightclub to remain closed through this holiday weekend - a traditionally busy time for Western Massachusetts eating and drinking establishments - after a series of recent problems, including the arrest of a co-owner of the nightclub on drug charges last month.

Bar owner Ivan Tristan was arrested in November on cocaine and other charges. The day after his arrest, town officials closed Easy Street for eight days, citing safety-code violations at the Fiske Avenue club, according to a report by the Greenfield Recorder.

On Tuesday, the Board of License Commissioners again ordered the bar to close, yanking the club's liquor license for 10 days - three of which must be served immediately. The remaining seven days were deferred, The Recorder reported.

It wasn't immediately clear what specifically triggered this week's closure, but club manager and co-owner Ananda Larson last month agreed to correct the safety issues.

William B. Allen, chairman of the Board of License Commissioners, told 22News that even though Tristan is no longer involved with the bar, Larson is still responsible for the violations.

Tristan denied the drug charges at his arraignment last month in Greenfield District Court. Greenfield Police Detective Kevin Rowell said Tristan was the subject of a five-month investigation into illicit drug activity at the club.

Needham Residents Weigh Existence of Package Stores

Sun, 11 Dec 2011 22:20:04 -0500

Patch.com reports about the public hearing held in Needham to debate allowing package stores in Needham. I absolutely support this concept; the "dry town" is an anachronism. There is NO evidence that having a package store or upscale wine shop in Needham would increase alcohol consumption among teenagers. Let's not forget that businesses have to ID buyers and face severe consequences for failing to do so. And Needham is losing money -- residents now go to Newton or neighboring towns to purchase alcohol, while downtown Needham storefronts sit empty.

Patch.com reports that those in support of lifting Needham's dry status talked Tuesday evening about the convenience of having wine and beer sold in town and the potential for bringing dollars now spent out of town back to Needham. But those who were against changing the law argued that allowing retail sales of alcohol would just make it easier for local youth to get their hands on these beverages, calling the matter "a public health issue."

About 75 people attended the selectmen's public hearing on whether to allow retail sale of alcohol in town--the purchase of wine, beer and possibly liquor for consumption off-site. This type of business, referred to as a "package store," has not been allowed in Needham for more than 75 years.

The town does allow the sale of alcohol in restaurants with more than 100 seats, and one-day licenses can be obtained for events where alcohol will be served on-site.

For more than an hour on Tuesday, Dec. 6, residents lined up at the microphone inside the James Hugh Powers Hall to speak on the issue.

Before the public comment portion, Council of Economic Advisors member Elizabeth Grimes reviewed the potential economic benefits of allowing alcohol sales in Needham, noting that it was difficult to collect exact numbers on the subject. She referenced the Food Marketing Institute's annual retail purchase survey, which found that the average U.S. household with an annual income of $65,000 to $75,000 spends about $500 per year on alcohol and that alcohol makes up about 6 percent of the average American's food budget.

She also estimated that Needham could see about $2,500 annually in additional license fees for alcohol sales. However, others later argued that any increase in fees would likely be offset by the cost of administering those licenses and additional police monitoring.

Bill Would Allow Liquor Stores to Open on December 26

Sat, 10 Dec 2011 22:00:39 -0500

The House of Representatives has advanced a bill that would allow package stores to open the day after Christmas - a measure that would remove one of the last remaining Colonial-era blue laws restricting alcohol sales.

Current state law requires package stores to close Monday when Christmas falls on a Sunday, which means package stores this year will need to stay closed for two consecutive days.

"This is one of the quirks in the blue laws we never fixed," said Jon Hurst, president of the Retailers Association of Massachusetts, as quoted by the Patriot Ledger.

Hurst said he hopes to see the bill pass the House and the Senate and be placed on Gov. Deval Patrick's desk soon to give stores ample opportunity to schedule employee shifts and advertise to customers that they will be open Dec. 26.

Stores are still required to be closed Christmas Day, but package stores were left out of the equation in 2005 when the Legislature clarified state laws to make clear that most retail establishments are allowed to open the day after Christmas when the holiday falls on a Sunday.

The once-restrictive Sunday and holiday retail laws in Massachusetts have taken nearly two decades to unravel starting in 1994, when voters approved a ballot question that allowed retail stores for the first time to open on Sundays throughout the year.

Package stores first earned the right to open on Sundays in 2003 when the Legislature voted to allow cities and towns to grant licenses for Sunday alcohol sales.

"There's no real reason why they shouldn't be selling alcohol on the day after Christmas," said Rep. Colleen Garry, D-Dracut, who sponsored the bill, as quoted by the Patriot Ledger. "There's nothing legitimate about it except that it's an old blue law, and this will put stores on a level playing field with surrounding communities in other states."

New Canton Asian Restaurant Approved

Fri, 09 Dec 2011 21:57:13 -0500

Gourmet Garden, a restaurant featuring Chinese and Japanese cuisine, is set to open at the Village Mall in Canton early next year. Selectmen unanimously approved a full liquor license for the restaurant, which will occupy the space vacated by Talbots at 95 Washington St., according to Board of Selectmen chairman John J. Connolly. "It's great to get a business in there," Connolly told the Boston Globe. He said the availability of the liquor license was discovered recently when officials were going through records. The license will be reviewed by the Massachusetts Alcoholic Beverage Control Commission.

Pub Owner Files ABCC Appeal

Thu, 24 Nov 2011 21:36:44 -0500

The Newburyport News reports on a messy situation in Rowley, where a pub owner has filed an appeal with the state Alcoholic Beverage Control Commission stemming from the confusing actions by the town, first denying of a liquor license, then later rescinded that denial.

Gov. Patrick Signs Law Expanding Off-Premises Liquor Licenses

Wed, 23 Nov 2011 21:24:17 -0500

After alcohol industry insiders struck a deal to permit supermarkets and other large retailers to gradually acquire more alcoholic beverage licenses, their proposal sailed through the Legislature this month and Gov. Deval Patrick agreed to it this week, signing the new legislation.

Under the new law, sponsored by Sen. Michael Rodrigues, D-Westport, the cap on licenses per corporation would be lifted from three to five in 2012, up to seven in 2016, and to nine in 2020. The bill also would assess applicants $5,000 for every license in they obtain in excess of three. This enables supermarkets and liquor stores to increase the number of licenses that each company can hold.

In 2006, Massachusetts voters by a 53-41 margin rejected a ballot question permitting sales of wine at food stores. That question divided the electorate, drawing opposition from package stores and others fearful of increased underage drinking and increased drunk driving.

But the latest proposal spurred no debate or controversy on Beacon Hill. John Stasiowski, president of the Beer Distributors of Massachusetts, which opposed the 2006 ballot question, told the News Service in October that the bill does not create a new category of licenses, stays within the existing quota system and preserves the authority of local officials to approve licenses.

Rodrigues says the idea is to give consumers for buying alcoholic beverages.

"Consumers want choice and consumer want convenience," he said last
month. "In most states beer and wine are available anywhere, anyplace."

Fire Code Issues Increases Rift Between Somerville VFW and Neighbors

Tue, 22 Nov 2011 21:32:34 -0500

Interesting piece in patch.com about a rift between the Somerville VFW Post and neighbors.

Wellesley Moves Toward Liquor Licenses for Restaurants with Less Than 100 Seats

Mon, 21 Nov 2011 21:40:52 -0500

A Wellesley Special Town Meeting approved an article that moves the town closer to reducing the number of seats required by a restaurant to apply for a liquor license, as reported by boston.com and local Wellesley media.

Because this item was approved, the Board of Selectmen will now petition the state legislature to write special legislation which will authorize the board to grant special alcohol service licenses to restaurants with between 50 to 99 seats, according to the Advisory Committee's reports to Special Town Meeting.

Currently, a Wellesley restaurant must have 100 seats to qualify for a license to serve any alcohol.

There are now 12 licenses issued to restaurants and six to colleges and social clubs in town, which are each "all-alcohol" licenses. The state has capped the number of total possible liquor licenses for Wellesley at 29 all-alcohol and 12 wine and malt beverages (beer), according to the Virginia Ferko, chair of the Advisory Committee.

Selectman Katherine Babson said the board anticipates that it will only issue beer and wine licenses to restaurants with between 50 and 99 seats, despite the ability to dispense all-alcohol licenses.

According to Advisory Committee reports, the state legislature could act upon a petition as early as January or February of next year. Babson said this item will then likely take shape as a town ballot question during the spring election.

Babson said assuming the state signs off and the town votes to accept this change next year, the board will consider further changes to alcohol regulations after a sufficient public input process.

Happy Hour Proposal Shelved, At Least for Now

Tue, 15 Nov 2011 17:20:15 -0500

A proposal to allow bars and restaurants in Massachusetts to sell discounted drinks is on hold, according to its two backers.

Senators James Timilty (D-Walpole) and Robert Hedlund (R-Weymouth), who sponsored the so-called "Happy Hour" amendment, told the State House News Service they are recommending a conference committee spend the next year evaluating current alcohol regulations.

The amendment, passed in October, was attached to the bill that would legalize casinos in Massachusetts.

Critics, including Ron Bersani, claim bringing back "Happy Hours" would encourage drunken driving. Bersani, whose granddaughter was killed by a drunken driver, said the change would widen the availability of alcohol.

Bill supporters disagree. "I'm not so sure having promotional drinks or free drinks is any major inducement to drunk driving," said Sen. Stephen Brewer (D-Barre), chairman of the Ways and Means committee.

Sens. Timility and Hedlund say the original ban on drink discounts, enacted in 1984, did not cause any measurable change in the number of drunken driving-related crashes in Massachusetts.

Senate Approves Bill To Increase Cap on Off-Premises Licenses

Wed, 09 Nov 2011 00:35:17 -0500

The Senate has approved and sent to the House a bill that would allow supermarkets and other large retailers to hold more alcoholic beverage licenses. The proposal increases the current cap of three to five in 2012, seven in 2016 and nine in 2020. The measure also would require stores to pay a $5,000 fee for every license they receive above three.

The bill is considered a compromise between opposing sides of a possible 2012 ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. The ballot question is being pushed by the grocery store lobby, and opposed by the liquor store lobby.

In 2006, voters rejected by a 53-41 margin a similar ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. Proponents had argued that 34 other states allow this and argued it would end a monopoly and save consumers millions of dollars by fostering more competition. Opponents said the measure would increase underage teens' access to liquor and lead to a hike in drinking-related problems and drunken driving accidents and deaths.

Lawmaker Revises Happy Hour Ban Plan

Tue, 08 Nov 2011 00:37:50 -0500

WWLP.com reports that Senator Robert Hedlund, a Republican from Hingham, is backing away from his Senate-passed casino amendment that proposes to return Happy Hour to Massachusetts. Instead, he's suggesting that the Alcoholic Beverages Control Commission review its regulations on bars and restaurants and propose revisions.

Hedlund said the six-member casino bill conference committee tasked with consolidating the House and Senate versions of the expanded gaming bill can certainly make changes to his amendment.

The Hingham Republican's change of tone comes after facing criticism from the public for supporting stronger drunk driving penalties and also discounted drinks in bars and restaurants.

Hedlund says that a Happy Hour will not increase drunk driving statistics and it will help bars and restaurants compete with casinos. But he realizes his amendment is unpopular. Hedlund said the intent of his amendment is to help businesses attract customers and create jobs, and he's willing to try an alternative approach to achieve that end.

Shrewsbury Package Store on Hold

Tue, 08 Nov 2011 00:32:19 -0500

Plans to open a Wines & More liquor store in the former Borders Bookstore at 497 Turnpike Road (Route 9) have been put on hold.

The store was part of the bankruptcy proceedings involving Borders, the national bookstore chain that went out of business earlier this year. Wines & More had negotiated a lease with the previous owner, Harry Botsivales, a Cape Cod-based real estate investor. But last week, the holder of the loan on the property, LNR Partners LLC of Miami, foreclosed on the site.

Bud Perrone, a spokesman for LNR, said that on September 27, LNR took possession of the property, which has been vacant since the Borders Bookstore closed. "The site is currently being marketed to potential users," he said.

Man flees crash; charged with 7th OUI

Mon, 07 Nov 2011 00:29:53 -0500

Police in Foxboro, Mass. arrested a Taunton man who led them on an almost hour-long chase after fleeing the scene of a car crash along Route 495 Northbound last Friday evening.

50-year-old Howard Stockbridge was arrested and charged after rear-ending a Rhode Island man's car on 495 North in Foxboro and then driving away from the scene.

Massachusetts State Police found Stockbridge almost an hour later walking through a parking lot along Route 106 and discovered he smelled of alcohol and "observed that his eyes appeared glassy." Stockbridge told the arresting trooper he was coming from a nearby gym.

However, prior to Stockbridge being placed into custody, witnesses of the accident in which he was involved called the State Police to report the hit-and run.

Police were given the vehicle registration number from the witnesses and through the Registry of Motor Vehicle records were able to trace the truck to a home in Taunton with Stockbridge's name. An eyewitness later contacted State Police to inform them the truck involved had become disabled on Route 495 northbound at the Route 106 Overpass.

It was also reported the driver of the truck was seen fleeing into the woods near Route 106.

Police then began an extensive search of the wooded area where the truck was located and also noted the front end of the disabled truck had heavy front-end damage and was leaking radiator fluid. Inside the truck troopers found multiple empty beer bottles inside a cooler and a cold, but empty, additional bottle on the passenger seat.

Their search ended with Stockbridge being taken into custody and learned while booking him at the Foxboro Barracks that Stockbridge appropriate operating under the influence offense as OUI-7th offense, and also determined that he was "under a 10-year license revocation for a previous drunk driving conviction."

Police said Stockbridge was not injured in the car accident.