Potbelly Sandwich Shop Runs into Trouble Over Live Music

The idea of a single musician playing guitar during lunch at Potbelly Sandwich Shop exposed wider concerns that Braintree officials have about the new Hyatt Place retail and restaurant complex.

"For the record, I'm not afraid of guitar players," Board of License Commissioners Chair Joe Powers said.

The board put on hold Tuesday afternoon a request by the restaurant to obtain an entertainment license.

Its decision was informed by the Planning Department's concern that the Forbes Road shopping center may be evolving away from the more retail-oriented vision initially presented by the developer, and also by Potbelly's preemptive advertising of live music and placement of outdoor seating.

Chicago-based Potbelly Sandwiches received a food license from the board last month for a 43-seat establishment in the same complex as Starbucks, Vitamin Shoppe, Qdoba Mexican Grill, Jared Galleria of Jewelry and other stores.

At the time, the company did not formally request entertainment or outdoor seating permits, and board members told managers that they would have to seek additional permission.

But on Tuesday, Powers told Potbelly representative Paul Gibbs that someone from the mayor's office saw advertising for live music when visiting the restaurant last weekend. Planning Director Christine Stickney also presented a photo from Tuesday showing tables and chairs outside of Potbelly and said that a sandwich board in front was against regulations.

Gibbs said it was an "oversight" on his part that the entertainment license had not been requested originally, and that he would visit the shop after the meeting to address the outdoor seating, which Powers said should be removed immediately.

In a memo to the board, the Planning Department laid out wider concerns about how the Hyatt development is proceeding.

The original plans presented by developer Carpenter and Company when it moved to rebuild the former Sheraton hotel into the included restaurants along with T.G.I. Friday's but also projected filling much of the site with retail.

Since then, several "fast casual" restaurants have leased space, and their requests or potential requests for entertainment licenses could create an unwanted precedent, officials said.

"This is not the type of establishment in the past that we have licensed for entertainment," Powers said.

A lack of communication between the property owner and its tenants could be part of the problem, Stickney said. She will be meeting with the owner this week.

Gibbs said he was caught off guard by the board's reluctance to issue the entertainment license because a guitarist is part of Potbelly's branding and is typically included in its lease language.

"It is literally background music, a single guitar player playing during lunch," Gibbs said. "It's exactly like a record, or muzak or a CD player in the background."

T.G.I.'s Friday's is the only restaurant in the complex right now with an entertainment license. Unlike Potbelly and other "fast casual" places, it is designed for dining-in and a slower turnover rate, Powers said.

The board tabled the request until March 26 and asked that next time a manager from Potbelly be present and that the company's lease agreement be provided.

In a related matter, during the Planning Board meeting Tuesday night, Stickney and board members came to an agreement that conditions attached to the complex's development plan do not prohibit outdoor seating.

The development, in fact, encourages pedestrian-friendly use, including outdoor seating, attorney Frank Marinelli said.

Stickney said she is meeting with Starbucks representatives to discuss their request for outdoor seating. Any such proposals will have to abide by disability, fire and other applicable laws and be approved by the license board.