No Liquor License For BJ's In Framingham, Board Decides

FRAMINGHAM, MA — A battle over a liquor license transfer to the Framingham BJ's store appears to be over for now.

On Monday, the Board of License Commissioners denied the transfer of a liquor license from Route 9 Wine & Spirits to the big-box wholesale club. Fifth Ave Liquors — which is just a few hundred feet away from to BJ's in the Stop & Shop plaza — had mounted a grassroots campaign to fight the transfer in recent weeks.

But the proximity to Fifth Ave Liquors — and larger retailers like Total Wine and Wegman's in Natick — wasn't the entire reason. The board also took issue with a $495,000 fee BJ's was prepared to pay the Route 9 Wine & Spirits owners.

BJ's attorney Eugene Richard made the case that BJ's would offer a much different liquor shopping experience compared to Fifth Avenue, and even Total Wine. Richard said BJ's would have just a few aisles of wine, beer and spirits, and would offer a "no frills" buying experience.

"If you're in there and ask what sort of wine is going to go good with whatever it is you're making for dinner, the associates are not trained to do that," Richard said of the BJ's buying experience.

Fifth Ave Liquors Paul Morganti rallied his customers to write letters to the board opposing the transfer. In them, the shoppers spoke about Fifth Ave's unmatched expertise and diverse range of products. Morganti has said that a liquor license at BJ's could wreck his business. Total Wine and Wegman's have taken a toll, he said.

Route 9 Wine & Spirits owner Ercole Ubaldino said that BJ's approached him this year about transferring his license. He agreed because he's approaching age 70 and ready to retire. He's owned Route 9 Wine & Spirits since the late 1990s, and previously owned Kentucky Spirits in Natick.

Chair Adam Barnosky said he feared the nearly $500,000 transfer fee would be unfair to other business owners who couldn't afford such a high fee. And, member Stuart Pologe highlighted that the license belongs to Framingham, and transfer fees typically cover merchandise and branding rights, not the license itself. The highest fee ever granted by the board was about $125,000.

Meanwhile, board member Sara Porter said that the board had denied a license transfer last year because it would be within 800 feet of another licensee. The Fifth Ave entrance is about 170 feet from the BJ's entrance.

"The board denied the application based primarily upon the proximity of the proposed license to another liquor license, the existing density of liquor licenses in the immediate area (given the character and layout of the neighborhood), lack of variety/uniqueness in the proposed offerings, and duplicative of other licenses in the area," Barnosky said Tuesday about the denial. "The board determined that the elements of 'public need' pursuant to state law were not met."

The board voted unanimously to deny the transfer on Monday night. Barnosky said BJ's could reapply with different terms.