State Says Salem Can't Suspend Liquor License For 30 Days

SALEM, MA -- The Massachusetts Alcoholic Beverages Control Commission ruled last month that the Salem Licensing Board's decision to suspend Tavern in the Square's liquor license for 30 days was "too severe." But it wasn't a total victory for the restaurant, as the Commission also found that the local licensing board had demonstrated that Tavern in the Square violated state law in August 2016 when it served drinks to an underage person and a person who was visibly intoxicated.

The Licensing Board had been scheduled to discuss the decision at its regular meeting Wednesday, but has now moved that agenda item to its January 31 meeting.

The licensing board took the action based on an August 6, 2016 incident in which Emma Wiley, then 19, used a fake i.d. and was served three Long Island iced teas and Red Bull energy drinks. She was also served two shots of tequila and two glasses of Sangria, but restaurant staff maintained in testimony before the ABCC that Wiley, of Marblehead, showed no visible signs of intoxication.

At 12:30 a.m. on August 7, Wiley threw her last glass of Sangria in the face of a man in the bar. Outside of the bar, she "started a physical altercation" with another woman, according to the ABCC's ruling. When police responded, Wiley "viciously" attacked and injured a Salem Police officer by biting off a portion of her ear.

The officer who was injured in the incident, Jessica Rondinelli, filed a civil suit against Wiley, of Marblehead, and Tavern in the Square, in September 2016. In a deposition for that lawsuit, Wiley testified that she had not eaten, but had smoked marijuana and had taken seven prescription medications for mental health issues before going to the bar. She also said she went to Tavern in the Square so often she was no longer asked for identification.

In the criminal case stemming from the incident, Wiley eventually plead guilty to five of the six charges she was facing and was sentenced to four years in prison. She is eligible for parole later this year.

At a March, 2017 hearing the Salem Licensing Board ruled that Tavern in the Square violated state law by serving alcohol to a minor and to a visibly intoxicated person. The board gave the restaurant 15-day liquor license suspensions for each violation and ruled that the suspensions needed to be served consecutively.

In its appeal, Tavern in the Square admitted that it had sold alcohol to an underage person but argued that the penalty was excessive. While the ABCC agreed with that point, its ruling also sided with the Salem Licensing Board, as ABCC said Tavern in the Square should have known the woman was potentially drunk based on the quantity of alcohol she had been served.

The ABCC, however, said the Salem Licensing Board has no formal schedule for penalties, and that the 15-day suspensions were excessive when compared to what the board had levied for similar violations by other businesses in the past.