New Liquor Licenses in Boston

The recent legislation authorizing the issuance of a number of new liquor licenses in Boston is a great step forward.? Liquor licensing is an issue with which I am quite familiar.

While in law school, I wrote a major paper during my last semester concerning liquor licensing in Massachusetts.? Without providing all the details, the laws established after Prohibition was repealed in 1933 made it very difficult for someone to obtain a license and retain a license, given the complementary approvals required from the Boston Licensing Board, then and for over 100 years appointed by the governor – if there was ever an indication of the lack of faith in city government by the state, that’s it – and also the state.? Furthermore, there was a limit placed on the number of licenses which many of us believe was specifically aimed at the City of Boston.

In the 50 years or so since, I have appeared before the Boston Licensing Board hundreds of times, before the Alcoholic Beverages Control Commission on many occasions and even took a case all the way to Supreme Judicial Court [we won 5-0].? It is an arcane aspect of the practice of law not understood by very many. In fact, once I was an expert witness in a case in Superior Court and tried to explain the process, without too much success, to a well-respected judge.

In short, the goal was to prevent bad actors from being in the liquor business, primarily because bad actors were involved with liquor during Prohibition in all sorts of ways at a time when most every transaction was in cash. That is why there are so many restrictions on applicants to be sure they are American citizens, that they do not have a criminal record, etc.? There are also significant restrictions on financing because Joe Upright Citizen could be listed as the “Manager of Record” but if he is getting financing from a guy named Bugsy in Las Vegas, that is a red light.?

Thankfully, as Boston begins this brand-new process, we are blessed with an intelligent and experienced Licensing Board chaired by Kathleen Joyce, who has been at the helm for ten years or so. She knows her stuff and she is fair; she and her team are very thorough.?

Getting a liquor license should not be like going to an ATM and pushing a button and the money comes out. There should be hurdles. The hurdles, however, should not be as numerous as they are for those seeking of other types of licenses here in the Commonwealth. It is time to give the common man a chance to serve a glass of wine or a beer along with a meal in the neighborhoods of Boston. These new licenses will help to bring needed street life to neighborhood shopping districts across the city.