DECISION

This was an appeal from the action of the licensing board of the city of Boston in rejecting the application for a retail package store malt and wine license to Los Cabelleros Market, Inc. dba Los Cabelleros Market.

The local board decision dated July 13, 2005 was marked as Exhibit I. The statement of reason included:

Nikko Mendoza of the Mayor’s office of neighborhood services spoke on behalf of Karine Querido in opposition to the petition stating that there is no public need for a license at these premises. Ms. Mendoza informed the board that the Codman Square Neighborhood Council is in strong opposition to the granting of this petition.

The board received a petition signed by over 180 residents in opposition to the granting of the license. The petition states that the residents are seeking to improve the quality of life for their families and the community and that there are already enough stores in existence where residents are able to purchase malt and wine (Exhibit II).

The board also received a letter from Senator Jack Hart voicing his opposition and stating that there is no public need for a new malt and wine license at this location (Exhibit III).

The board took into consideration the position of the Mayor’s office, the local senator and the residents of the area. The board believes there is no public need for an additional retail package store license, as the existing packages stores in the area adequately serve the area. The city’s counsel argued that an all alcohol package store is located within 3 blocks.

Counsel for the licensee argued that Chairman Pokaski had stated at the local board meeting that unless there was overwhelming support he was not inclined to be for a wine and malt license in a convenience store. Ms. Modica further argued that there are 48 convenience stores, which are licensed for malt and wine in the city of Boston. The Commission marked as Exhibit D letters of support for the application. In addition, 159 signatures in support of the license were submitted. City Councilor Charles Yancey is in favor of this license. The proposed license is located on a strip of Washington Street that also includes a beauty salon, a dry cleaner, an auto body shop and a restaurant.

Upon questioning by Commission members about close proximity of other §15 licenses, counsel for the local board did not dispute that many §15 licenses exist very close to each other. See Ballarin Inc. v. Licensing Board of Boston, 49 Mass. App. Ct. 506,730 N.E. 2d 904 (2000). No additional facts were presented to the Commission to distinguish this application from others within the city that are close to each other. See Town of Middleton v. Alcoholic Beverages Control Com’n, 64 Mass. App. Ct. 1108, 833 N.E.2d 1195 (Table), 205 WL 2219001 (Mass.App.Ct.)(Unpublished Dispostion).

The Commission was not persuaded that the quality of life would be negatively impacted by this license. The Commission notes that the store has existed at this location for 4 years.

Based on the evidence, the Alcoholic Beverages Control Commission does not approve the action of the local board. The Commission remands the matter to the board with the recommendation that the license application be granted and submitted to the Commission for its consideration for approval.

Alcoholic Beverages Control Commission

Suzanne Iannella, Commissioner ____________________________________________

Eddie J. Jenkins, Chairman ________________________________________________

Robert H. Cronin, Commissioner ____________________________________________
Dated at Boston, Massachusetts this 22nd day of March 2006.

You have the right to appeal this decision to the Superior Court under the provisions of Chapter 30A of the Massachusetts General Laws within thirty days of receipt of this decision.