July 2014 – Hurwitz, Richard & Sencabaugh LLP

Bottle-Keep Service Comes to Boston

Posted On: July 28, 2014By: wrhmlaw

A new restaurant will soon be opening in Downtown Crossing and with a unique service that will set it apart from other options in the city. Mast’ Restaurant located at 145 Province Street will have a bottle-keep service, which according to general manager Nicholas Garoufalis does not exist anywhere else in the city.

A bottle-keep service allows patrons to store unfinished bottles of liquor at the restaurant in their name for future use. The bottle will be kept in the name of the purchaser at the restaurant and can also be gifted to other friends. This service is seen in other parts of the country and is popular oversees in places like Japan.

204 C.M.R. 2.18 allows a section 12 licensee to reseal a bottle of wine for a purchaser to take off the premises. The regulation does not address liquors, or resealing to keep at the licensed premises.

204-4.03 prohibits certain practices which are close to the bottle-keep service but are factually different. These include:

(a) offer or deliver any free drinks to any person or group of persons;

(b) deliver more than two drinks to one person at one time;

(c) sell, offer to sell or deliver to any person or group of persons any
drinks at a price less than the price regularly charged for such drinks
during the same calendar week, except at private functions not open to
the public;

(d) sell, offer to sell or deliver to any person an unlimited number of
drinks during any set period of time for a fixed price, except at private
functions not open to the public;

(e) sell, offer to sell or deliver drinks to any person or group of
persons on any one day at prices less than those charged the general
public on that day, except at private functions not open to the public;

(f) sell, offer to sell or deliver malt beverages or mixed drinks by the
pitcher except to two or more persons at any one time;

(g) increase the volume of alcoholic beverages contained in a drink
without increasing proportionately the price regularly charged for such
drink during the same calendar week;

(h) encourage or permit, on the licensed premises, any game or contest
which involves drinking or the awarding of drinks as prizes.

The difference is that Mast’ will likely keep a regular price list for the bottle, only provide one drink from the bottle at a time, and possibly keep the price per drink in proportion to the single drink prices. Because this service differs slightly from bottle service it may cause change to how the licensing board views these services and how restaurants offer them.

The novelty of the service, and potentially the popularity of it, will determine whether it catches on at other Boston restaurants.

Mayor Walsh Orders Change At ZBA

Posted On: July 22, 2014By: wrhmlaw

Perhaps in response to the report by Councilor Wu that went to Mayor Walsh and the Boston City Council, the ZBA will be changing their hours starting August 5.

From a press release posted today on cityofboston.gov:

Mayor Martin J. Walsh and the City of Boston’s Inspectional Services Department (ISD) have directed the Zoning Board of Appeals (ZBA) to extend its hearing hours. Effective August 5, 2014, ZBA hearings will go from half days to full days. The hearings will begin at 9:00 a.m. and end at 4:00 p.m. every other Tuesday until further notice.

State House Still Considering Plan To Uncap Liquor Licenses

Posted On: July 18, 2014By: wrhmlaw

On July 1st the Massachusetts State Senate included a proposal in an economic development bill to remove the limits on liquor licenses a town can award to local businesses. Under the current system the number of licenses that are available in a community is based on population. This is sometimes referred to as the quota system and is also used in other states.

According to the Boston Globe, “Walpole, Mansfield, Canton, and Milton are currently at their liquor-license limits, while Foxborough, Hingham, Norwood, and Wareham have petitioned the Legislature to add licenses as they have grown.” While some towns have petitioned the Legislature to add licenses beyond their quota, other towns like Brockton have unused licenses.

The battle over the quota system has intensified over the last two years since Boston City Councilor Ayanna Pressley started to work on the issue in 2012. Since then the idea of abandoning the quota system has taken hold in City Hall but has yet to be completely embraced by the State House.

One of the biggest advocates in favor of the quota system is current members of the restaurant industry who may see their license as one of their most valuable assets. Under the quota system a license in Boston may be resold for $300,000 or more and can either act as a hedge against an economic downturn or collateral for future loans.

For now, the matter will be continued to be debated in the State House even while it is publicly supported by the Governor.

Solutions to Boston’s Permitting Problems

Posted On: July 16, 2014By: wrhmlaw

On June 18, 2014 At-Large City Councilor Michelle Wu submitted an interim report that addresses various permitting and zoning obstacles facing Boston businesses. The report comes from the Special Committee on Small Business, Entrepreneurship, and Innovation which Councilor Wu chairs.

The proposals address the barrier to entry for new businesses and streamlines a process which has in some cases become bloated, over-regulated, and antiquated. After Mayor Walsh or other members of the City Council comment on the report, some or all of the proposals may be considered by the full City Council for a vote.

It can be difficult for a new business to plan openings, construction, and hiring when timelines for permits and licenses are a mystery. Even worse this timeline can be a surprise to new entrepreneurs who have never navigated the permitting procedures of ISD and City Hall.

Some of the highlights of Councilor Wu’s report include:

1. Publicizing estimated timelines for obtaining various permits and licenses based on data.

2. Institute a case manager system

3. Implement technology to shorten unnecessary delays by several weeks.

This week, the Boston IT department announced a hack-a-thon to solicit ideas from local developers. The hack-a-thon will tackle some of the problems discussed in the interim report including:

Which Permits Do I Need?: A single project may require multiple permits. Applicants need a clear, intuitive, and enjoyable guide that will help applicants identify the permits they need to start working!

What’s my Address of Record?: Every project needs to be linked to an address in the City’s master database. In the current system, finding your address is tougher than it should be. Our new online system needs a clear way to search addresses and suggest alternatives, getting it right the first time.

Can I Apply for that Permit Online?: With September 1st weeks away, developers will try their hand at a challenge to provide a very practical solution using the City’s new API – creating a simple online and/or mobile application for Street Occupancy permits required to block space for a moving truck.

Where am I in the Approval Process?: Complex building projects can take months to review and permit, even if the process works correctly. Residents needs a clear way to track all permits associated with their project, which helps them understand how close they are to getting underway.

From : http://hubhacks.challengepost.com/

Senate Passes Bill to Allow Sale of Alcohol Before Noon On Sundays

Posted On: July 15, 2014By: wrhmlaw

The Massachusetts State Senate passed a bill today which would allow off-premise licensees to sell alcoholic beverages at retail before noon on Sundays. The bill was sponsored by State Senator Steven Howitt of Seekonk. The bill will now be considered by the House.

The full text of the bill:

SECTION 1. Paragraph 52 of section 6 of chapter 136 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out, in line 168, the words “12:00 noon” and inserting in place thereof the following words: – 10:00 a.m.

New “Direct Wine Shipper” License Included In State Budget

Posted On: July 14, 2014By: wrhmlaw

The FY 2015 state budget signed by Governor Deval Patrick last week includes a provision that creates a new Direct Wine Shipper license in Massachusetts. The law will take effect on January 1, 2015 and will take Massachusetts off of a dwindling list of states that bar direct wine shipping, a list that includes: Alabama, Arkansas, Delaware, Kentucky, Mississippi, Oklahoma, Pennsylvania, South Dakota, and Utah. This change in Massachusetts law comes after intense pressure by industry groups and local sports figures.

The new law requires wineries, vineyards, or manufacturers to apply for a state-issued shipping license and pay a $300 fee, with a $150 renewal fee every year. All shipped packages must be marked to require a signature upon deliver with the words “CONTAINS ALCOHOL: REQUIRES SIGNATURE OF AND PERSONAL DELIVERT TO A PERSON LEGALLY AUTHORIZED TO CONSUME ALCOHOLIC BEVERAGES IN THE COMMONWEALTH” with a seal of licensure. The wine must be purchased and shipped to a Massachusetts resident who is 21 years of age and older. The new license allows shippers to deliver no more than 12 cases of wine to consumers each year.

Any person, firm, or corporation who violates these new provisions will be deemed to have engaged in a deceptive act or practice under chapter 93A and may be subject to license suspension or fines.

The new law does not address the delivery-truck law which requires a delivery permit for each truck involved in the delivery of alcohol, at a cost of $200 per permit. Most states allow for one permit to cover an entire freight company. According to the Boston Globe, State Representative Ted Speliotis of Danvers will push for a fleet-wide permit system if the existing law has a detrimental effect to wine shippers.

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Articles from July 2014