Mike Carroll of Duxbury Wine and Spirits filed a pe- tition requesting the ABCC investigate the town’s grant- ing of a wine and malt liquor license to Square Corp, which owns the Hall’s Corner Store at 8 Chestnut Street.
The ABCC sent a notice of the appeal dated March 1 to the town manager’s office. The notice states that 25 Dux- bury taxpayers have signed a petition requesting the investi- gation of the liquor license.
In February, the Duxbury Board of Selectmen voted to grant a wine and malt license to the owners of the Hall’s Cor- ner Store, Das, Victoria, and Jay Patel, who have operated the convenience store for 11 years. With this liquor license, the convenience store became the fourth retail location to sell alcohol in the Hall’s Corner area. The others are Duxbury Wine and Spirits, Casey’s Fine Wine and Spirits, and Foodies Market.
Mike Carroll said he gath- ered approximately 100 signatures on a petition that he filed with the ABCC. He said he is objecting to the license for the same reasons that he and his father Joe Carroll raised during the two public hearings selectmen held on the liquor license – that they feel there is no need for another package store in the area.
“There’s no demonstrable need for a fourth off premise license within 500 yards of another,” said Mike Carroll. “We do not believe it serves the public good, and there are some procedural inconsistencies in the whole process with the selectmen’s meetings.”
When granting the beer and wine license in February, selectmen said they felt it was not their job to manage com- petition among businesses in town and that they could see no reason not to grant the li- cense since it was available. In 1998, selectmen denied a beer and wine liquor license to the previous owner of the Hall’s Corner Store saying at that time that they felt another liquor license in that area did not serve the public good because there were two existing package stores in Hall’s Cor- ner and two restaurants in the area that served alcohol.
Phillip Markella is the attorney for the Patels. He said he received a copy of the appeal but had no comment on the case.
“I have not seen the substance of the appeal so until then I’m going to reserve comment,” said Markella.
According to the ABCC filing, the petitioners of the appeal must submit a written memorandum outlining their objections with facts and issues of law within 10 days or ask for a written extension of that time. Carroll has sought a 90-day extension for filing his preliminary inquiry memoran- dum.
William Kelly, attorney for the ABCC, said he could not comment because the case — both the routine investigation by the ABCC of the town’s granting of the liquor license and the taxpayer petition ap- pealing the license — is pending.