Board Nixes Wine, Beer at Convenience Store

The only available liquor license in town is still up for grabs after the Board of Selectmen unanimously opposed granting it to Concord Convenience.

The board voted Monday after a continuation of a public hearing on the application two weeks ago. Board members asked for a continued hearing so they could each have time to review the application and the proposed public need for beer and wine sales at the corner of Lowell and Keyes Road.

The phrase "public need," generated the most discussion among the board and applicants. Before the vote was taken, Selectman Gregory P. Howes suggested that at a future date the board review the language of a "public-need standard" in reference to liquor licenses.

Members  Stanly E. Black and Howes both admitted that they left the hearing two weeks ago strongly considering granting the license to the new convenience store and gas station on Lowell Road.

Co-owner Akehurst-Moore voiced disappointment.

"We're disappointed, of course, but we appreciate the support people gave us," she said in a follow-up email. "The selectmen noted that the store was clean and professionally run, and that the denial was not a reflection of our operations."

I am still on the fence about this," said Black, before voting against the measure. He cited concerns Monday that a sole employee would concurrently be responsible for the sales of gasoline, convenience store items and alcohol. Convenience store employees, he implied, also tend to be transient and that would mean costly and ongoing TIPS training.

TIPS stands for Training for Intervention Procedures, an educational program for employees who sell or serve alcohol. Concord requires that employees who serve or sell alcohol in town be certified in TIPS.

"I was prepared to grant this license at the last meeting," said Howes, adding he is especially supportive of small businesses. "But why this one and not the other?"

Howe said he has received correspondence from residents both for and against granting the license. In the end, he said, he could not identify a "compelling need" to grant the license to Concord Convenience. Concord, he said, "seems to have plenty of options" to purchase alcohol.

"Walden Liquors is less than three-tenths of a mile away," said Selectman Carmin C. Reiss, adding the Main Street locale has a broader selection of liquor for sale.

Concord Convenience owners James White and his daughter Elizabeth Akehurst-Moore proposed a small cooler for beer and a rack for wine sales. 

Reiss added that Crosby's Supermarket was twice turned down for the same license, and the state's Alcohol Beverages Control Commission upheld the Board of Selectmen's decision after the grocer appealed.

She was also concerned that employees would be unable to prevent minors from obtaining alcohol. Minors either use fake identification, tap someone 21 years of older outside the store to make the purchase or steal liquor, said Reiss.

Selectwoman Elise F. Woodward opposed one-stop shopping for liquor and gasoline. "Personally, I object to the convenience of selling alcohol at gasoline stations," she said.

Akehurst-Moore said her research with police departments and the ABCC regarding similar convenience stores and gas stations that sell alcohol in nearby communities indicated that minors have a very difficult time obtaining alcohol.

Cameras at the pumps, she said, allow employees "to see a lot of what's going on outside."

"We are very strict," she said. "We turn away kids from buying cigarettes and lottery tickets."

The store would be equipped with a scanner programmed to spot fake IDs. "We are very conscientious. We do not want kids coming in to buy alcohol."

Store manager Nathaniel Hollander said his 50-hour work weeks in the industry provide him tremendous experience.

"I have seen all sorts of fake IDs in my line of work," said Hollander. From what he has seen since working at Concord Convenience, he added,  there are "large amounts of people coming in asking if we have alcohol."