HANSON – The Select Board on Tuesday, May 13 voted to take a two-pronged approach to enforcing the town’s “nip” alcohol bottle ban, on the books – but ignored by at least some alcoholic beverage retailers – since Jan. 1.
“The cleanest, best way to proceed would be to move down two tracks,” Town Counsel Matt Provencher told the Select Board. “When you issue a liquor license under Chapter 138, whether it’s a restaurant license or a retail [alcohol] license, you’re acting under power that the state legislature gave to the Select Board … as the licensing authority.”
Select Board Chair Laura FitzGerald-Kemmett said she would have Town Administrator Lisa Green work on a letter of non-compliance with a timeline of 30 days, after which the board approved the motion.
Those two tracks involve the placement of “reasonable conditions” on the issuance of a license, and the board can issue regulations that apply to licenses issued in the town.
“The first thing you can do is send these folks a notice that, based on their failure to voluntarily comply [with town regulations] … that you’re going to contemplate bringing them in for a hearing to determine whether their licenses need to be modified to include an expressed condition that they’re not allowed to sell nips,” Provencher said.
Licenses already awarded and not due to go into effect because the contracts didn’t have that because the law didn’t go into effect until Jan, 1, 2025.
The board can also issue a notice to hold a public hearing on some regulations that you’re going to adopt,” Provencher said.
“I’d like to do both,” said FitzGerald-Kemmett.
“I think we should do both,” said Committee member Joe Weeks. Member Ed Heal also agreed to that approach.
One of the retailers, Irwin Patel, apparently admitted to selling nips in violation of the ban during discussion of an annual attempt by various residents by citizen’s petition at Town Meeting. A 2024 Town Meeting vote had placed the ban on the books. [See related story]
I don’t care whether we ban nips or not,” said Town Moderator Sean Kealy, who had purchased a nip bottle at Hanson’s Village Mini-mart in April to use as a prop proving at the May 5 Town Meeting that the ban was being ignored. “What bothers me, what really disgusts me, is when people don’t follow the law that this Town Meeting passed.”
Kealy said he would be seeking a conversation with the Select Board about methods of enforcing the ban and for other issues on which Town Meeting took votes.
Town Administrator Lisa Green said she would work with town counsel and we’ll get the regulations together and, if a hearing is held she said she would comply with all of the regulations as far as hearings.”
Provencher said setting up a hearing would involve being authorized to send a letter to retailers noting she is aware that they haven’t been in complete compliance. If they were going to issue a notice of non-compliance hearing to determine whether their license should be modified, suspended or revoked.
Providing the retailers notice of public hearings while the town prepares the Municipal regulations, will include a copy of the proposed regulations, and everyone will have the opportunity to be heard, Provencher said.
“Since we do have this being somewhat of a groundhog day, with the [attempts at repeal] continuing, and there is a potential that somebody Could submit a citizens petition to, yet again, repeal the nip ban,” she basically asked if they believed there was a bylaw.