Selectmen Strip Stoneham Resident of Liquor License

The Board of Selectmen, acting as the Liquor License Authority, held a judicatory hearing, led by Town Counsel William Solomon concerning Stoneham resident Richard Moyette's liquor license.

Overview

Moyette was stripped of his liquor license after his Nov. 18 application was denied because he didn't hold a lease or viable location for a liquor store in town. Moyette listed 9 Central St., formerly McDonough's Liquors, as his location to use his license, but was denied a lease by owners Thomas and Jane Kayhill. This violation of the application ultimately cost him his license.

Since the Liquor License Authority had to act before year's end concerning what to do with the license (Wednesday night's meeting being the last of the year) the Authority saw no alternative but to strip Moyette of his license for improperly filling out his application, and ultimately, having nowhere to use one of the six liquor licenses for general sale in town.

Moyette recently tried to transfer his liquor license to another location, but was denied, having no determinable location to set up shop.

Moyette Upset over Decision

“I feel like I'm on trial, I feel taken aback by all this,” Moyette said.

During the hearing, Moyette asked the Authority for more time to find a different location for his license. The Authority had no choice but to deny this request as well, as the deadline to decide what to do with Moyette's liquor license had to come by year's end.

“Our hands are tied on this, it's the eleventh hour,” said Selectman Frank Vallarelli.

“I'm caught between a rock and a hard place. The space is available but they won't lease the space to me,” Moyette said.

Moyette said that he couldn't afford legal council toward this quandary and what to do over the fact that the Kayhill's denied him a lease at their vacant property.

The Kayhill's explained that Moyette, a previous tenant, failed to pay rent back in June 2006, when he was leasing the property and running McDonough's Liquors. As a result, the Kayhill's didn't want to lease the property again to Moyette, who was under the assumption they would.

Moyette alleged that Solomon knew Moyette would be denied the lease and claimed Solomon could have told him this was the case. Solomon denied the charge.

The Final Decision

With no other alternatives, the Authority stripped Moyette of his liquor license by unanimous decision.

Moyette can fight this decision by appealing to the Massachusetts Alcohol Beverage Control Commission, during which time the license will be held from another party picking it up.