NewburyportNews.com, Newburyport, MA

November 15, 2011

Pub owner files for appeal from ABCC

By Michelle Pelletier Marshall
Correspondent

ROWLEY — Richard Nagle, former owner of the Rowley Roadside Grille & Pub and holder of the liquor license that has been contested for that business' prior location at 300 Newburyport Turnpike, has filed for an appeal from the Massachusetts Alcoholic Beverages Control Commission regarding selectmen's recent ruling on the license.

Nagle filed for the appeal based on the selectmen's ruling at the Oct. 24 meeting to cancel the liquor license with a stay for six months until April 23 to allow him to reactivate the license by transferring it or changing it to a new location, subject to its renewal in December.

After reviewing Nagle's appeal to the ABCC, town counsel Ellen Callahan Doucette recommended that the board reconsider its vote to cancel the license, which they did at the Nov. 7 meeting. They rescinded the cancellation and simply left it that the public hearing on the matter would be continued until Monday, April 23, at 7:30 p.m.

Town Administrator Deborah Eagan wrote in a letter to Nagle that "it is anticipated that the Board of Selectmen's new vote will resolve the issue raised in your appeal to the ABCC, and that as such, your appeal will be withdrawn." When reached after the rescinding vote was made, Nagle said that the lawyers would have to discuss it and determine if the appeal would be rescinded.

The process of trying to secure the liquor license began in September when Cabales Inc., sought a liquor license at the 300 Newburyport Turnpike location to open a new family Mexican restaurant called El Tapatio. It was then realized that Nagle still held the license, despite the fact that his restaurant had been closed for nearly 10 months.

Since the town cannot have two liquor licenses listed for the same address, they could not issue a new license for El Tapatio and asked Nagle to return the license. Instead, Nagle told of his plans to transfer the license to a new location.

Scott Silver and Max Gabrielo of Jells Group LLC, the owners of Rowley Crossing where the restaurant is located, persuaded selectmen to hold a hearing to revoke the license, which was held on Oct. 24.

When reached Thursday, Francisco Lepe, representing his family-owned and operated business Cabales Inc., said that while they are not in as much of a rush now to open the restaurant, which was originally planned for this month, they were planning to stay until a liquor license could be secured. "We are still working on the renovations to the restaurant and will apply as soon as possible for a liquor license so that we can open up the restaurant," he said.