Licensing commission keeps ‘packie’ licenses on tight leash

On November 13, 2009, in Uncategorized, by The News Staff


Davis
Square grocer Farmer’s Bounty is seeking a liquor license transfer from
the city, highlighting the struggle between free enterprise and the
“common good” in a neighborhood rife with licenses. ~Photo by Tom Nash

Anna Yukhananov

To
the casual eye, the ad-studded storefront of Farmer's Bounty in Davis
Square resembles that of countless other quickie marts and convenience
stores, catering to customers interested in its cigarette display and
loops of lottery tickets.

But a closer look reveals a greater
variety of options: the small store attracts clientele from other areas
of the city, and beyond, for its selection of fresh produce and diverse
imports – from Indian and Irish tea to crumpets and mango chutney.

Romy
Sehli, who has owned the store for 18 years, said he started offering
international goods five years ago to satisfy the "huge demand of
international customers."

"Whoever doesn't change with the times loses out," Sehli said.

After
turning away up to ten people looking to buy alcohol each day, Sehli
decided to apply for a liquor license transfer from a business that had
stopped using it, hoping to offer Indian wine and Irish beer for the
"convenience of my customers."

Within days, Sehli said close
to 400 people signed a petition in favor of the license. Yet almost
four months later, Sehli and his customers are still waiting. The
decision rests with the Licensing Commission, a three-person panel
which administers all liquor licenses in Somerville.

'Common Good'

The
number of available licenses is capped by the state according to
population. Somerville currently holds 84 restaurant and club licenses,
and 20 package store licenses, said Jenneen Pagliaro, who works for the
Licensing Commission from City Hall.

The Commission must weigh a
myriad of factors in approving an application and deciding which store,
restaurant, or area deserves a license, and which one does not.

All
factors can be grouped into two main categories: the character and
fitness of the applicant, and the "public need" or "common good," said
Andrew Upton, the chairman of the Licensing Commission.

The
first category is relatively straightforward: the Commission looks at
the applicant's experience with the business and makes sure he does not
have a criminal record.

Alderman-at-Large Dennis Sullivan, who
testified in favor of Farmer's Bounty's application at one of the
Commission's monthly meetings, called Sehli a responsible business
owner with a "proven track record."

Yet it is the second category, that of "the common good," that poses more difficulty.

Commissioners
must consider everything: the number of other liquor licenses in the
area, noise and traffic levels, population density, proximity to
churches or schools, as well as testimonies from the community ¬- from
aldermen, customers, neighbors, and city officials.

In listening
to "the public," each voice must be weighed against every other,
business needs considered along with complaints of neighbors.

The
Commission must factor in the eight Farmer's Bounty customers who came
to the commission's last hearing in support of the store's application.

But
they must also consider the testimony of Ward 6 Alderman Rebekah
Gewirtz, who argued earlier that Farmer's Bounty patrons could simply
buy their liquor across the street, from Downtown Wine and Spirits.

"I represent the residents and the neighborhood," Gewirtz said. "And I maintain that this license is not necessary."

Commissioner Vito Vaccaro said that "economic development" is the Commission's number one priority.

"Has
it enhanced, or will it enhance, the dining experience in the city of
Somerville? Will it help the city of Somerville?" Vaccaro asks for each
license application. "That's the bottom line."

Liquor licenses
can be used by the city to bring greater business to underdeveloped
areas, such as Winter Hill. The Commission has also set aside ten
licenses for Assembly Square, anticipating a proliferation of
restaurants and hotels in the area over the next few years.

Somerville has become a "dining destination" in recent years, said Upton, the Commission's chairman.

However, until recently, there were not enough liquor licenses available for new restaurants.

"It's
hard to have a successful restaurant without at least serving beer and
wine," Upton said. "Sometimes people won't even come to your place for
food unless they can also order a glass of wine."

No New Licenses?

To
boost the appeal of the city's dining scene, Somerville submitted a
home rule petition to the state legislature through the office of State
Senator Pat Jehlen, asking for more liquor licenses for restaurants.
Twenty full liquor licenses were granted in 2008, said Robert
FitzPatrick, Jehlen's chief of staff.

Full liquor licenses can
be used for package stores, restaurants, or bars and clubs, but
FitzPatrick said he expects the city to use most of the licenses for
restaurants, not for liquor stores.

"Somerville's done a good
job of attracting really nice restaurants," FitzPatrick said. "Now it's
up to the city to use these [new] full liquor licenses in the right
way."

While the city plans to use the new liquor licenses to
attract people to Somerville's restaurants and clubs, there are no new
licenses available for liquor stores or "packies," Vaccaro said. Stores
that want to obtain a liquor license must buy a transfer license from
someone else, and the city must approve the transaction.

"We
have only 4.2 square miles in Somerville," he said. "Everything you do
affects the neighbors. We have to think, how are we going to affect the
neighborhood?

"I personally don't want to walk down the street and see a bunch of liquor stores."

Upton
agreed, stating that while restaurants draw people from all over the
Boston area, "people don't come from all over the place to buy a
six-pack of Buds."

"I don't believe the city, the commission, or anyone, think Somerville should have more liquor stores."

Rob
May, from the Mayor's Office of Strategic Planning and Community
Development (OSPCD), represented the city's position on the Farmer's
Bounty case at the last hearing.

May suggested a compromise:
Farmer's Bounty should submit a floor plan on where it plans to place
its beer and wine, in order to ensure that it does not become a full
liquor store.

As of August, May and the OSPCD have been working
with the Commission to create a set of guidelines and criteria for the
city's liquor licenses.

The OSPCD wants to formalize a licensing
process that has long relied more on consensus and Commissioner
experience than on the new technology, and statistical and mapping
tools now favored by city governments across the country.

Somerville's
existing guidelines for liquor licenses are simply taken from those
used state-wide. However, May said that it is important to consider
local needs.

By December, May said he hopes to present the
Commission with several options for possible changes to licensing
guidelines ¬- which may require liquor stores to limit the number of
signs on the storefront, or install exterior lighting or live-feed TV.

However, eschewing the high-tech, Farmer's Bounty may do well to follow the example of David Jick, owner of Dave's Fresh Pasta.

When
Jick decided to apply for a liquor license to supplement the other
options in his specialy food store, he took the time to talk to
neighbors and fellow businessowners "to make sure people were okay with
the idea."

Although the process took over a year, Jick said he has had his current license for three years without any problems.

Jick's
neighborly approach was much appreciated by Dan Parsons, the general
manager of Downtown Wine and Spirits, which lies across the street from
Farmer's Bounty.

"In the interests of community, I'd be happy
if they came over here and told us themselves," Parsons said of
Farmer's Bounty's liquor license application. "At the end of the day,
Davis Square is nothing but a community."

 

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