SALISBURY — Salisbury Liquor License Commission may be about to lock horns with the state Alcohol Beverage Control Commission over a proposed swap of liquor licenses from one local bar to another.
Jeffrey Smith, the owner of the Shore Club on North End Boulevard, wants to transfer its year-round liquor license to Kevin Maury, the owner of Kittens Gentlemen's Club on Bridge Road. Kittens has a year-round beer and wine license, but only a seasonal liquor license extending from April through December.
Maury and Smith appealed to the ABCC on the grounds that Salisbury's commissioners refused to act on their license transfer request in the required 30 days.
But at their meeting last week, the seven-member Salisbury commission approved sending a letter to ABCC, indicating exactly what they think of the requested appeal.
Salisbury's letter requests the ABCC cancel the scheduled April 23 appeal hearing, informing the state board if the hearing is held, Salisbury's commissioners won't attend. Furthermore, should the ABCC rule on the appeal contrary to the position taken by Salisbury's commission, the local commissioners say they will not abide by the ABCC ruling.
According to Salisbury commission Chairman Paul Doyle, the ABCC appeal was filed by attorney Samuel Vitali for both owners, claiming Salisbury's commissioners refused to act on a license transfer request in the length of time state law requires. A transfer of the nature Maury and Smith proposed is not allowed in Salisbury, Doyle said.
"When the attorney called me to ask how the transfer could be arranged, I told him we don't have Yankee swaps in Salisbury," Doyle said last Tuesday at the commission's meeting.
In Salisbury, year-round liquor licenses are in high demand because the number issued is limited, Doyle said. Existing licenses cannot be transferred or sold between two licensees, he said. Existing licenses must be turned back to Salisbury commissioners by the holders, Doyle said, for the commission to award.
Availability of licenses are advertised, then public hearings held. Those seeking available licenses can make application to the commission, which then decide to whom licenses are awarded.
Doyle said he spoke with William Kelley, legal counsel for the ABCC, explaining the Salisbury commission didn't act because the parties involved made no official request to be included on their agenda. Yet, he added, Kelley still scheduled the hearing.
"The ABCC should not have scheduled this appeal," Doyle said. "They should have told them to go back to Salisbury and get on the agenda properly ... No one gives out liquor licenses in Salisbury but (the Salisbury Liquor License Commission)."
However, according to Vitali, he filed formal applications with Salisbury's liquor commission for the transfer of licenses on Feb. 6, along with two $200 checks to cover required ABCC filing fees.
Vitali's appeal carried all the documents of which he spoke, including his cover letters to the Salisbury commission and two license transfer applications — one for each club. All documents were date stamped "Feb. 6, 2008," by the Salisbury Town Clerk's Office.
According to Town Clerk Wilma McDonald, her office doesn't accept documents for the liquor commission, but is occasionally asked to date stamp documents for town departments to verify the documents were received.
Vitali said he spoke several times with the secretary of the local licensing commission and with Doyle directly concerning the transfer. Vitali believes such transfers are allowed in accordance with a specific section of Massachusetts General Law Chapter 138, which govern liquor licensing issues.
Vitali believes Doyle knows applications for the transfer were filed in Salisbury because both his $200 checks were returned by the licensing commission's secretary, who wrote she was acting on behalf of Doyle.
Vitali said Doyle refused to put the transfer application requests on the commission's agenda and before Salisbury's commissioners, claiming it was against the rules. Vitali believes such actions and rules violate sections of Chapter 138.
"Why they didn't act and why they didn't schedule a hearing, I don't know," Vitali said. "They had their secretary return my check because they said their rules don't allow this kind of transfer. I got a copy of their rules, and I defy you to find where it says anything about that. They returned my checks, so I know they got the applications.
"Salisbury is not a banana republic. It's subject to the laws of the Commonwealth just like everybody else," Vitali said. "It's not up to the capriciousness of one individual to decide what gets scheduled for a hearing and what doesn't. We're going to the ABCC hearing on April 23, and we're going to let them decide."
