A group of nine Chelsea liquor store owners has retained legal counsel and escalated their challenge to the state’s Alcoholic Beverages Control Commission (ABCC) over a restriction on miniature bottles of spirits (100 mL or less) that took effect last May and was reaffirmed this past September.
The stores represented in the appeal—Chelsea Liquors, Inc. (Heller’s); 180 Broadway Liquor Inc. (Chelsea Liquor Mart); Pamukhan Corp. (Bridge Liquors); Canadian Liquors, Inc. (Broadway Variety 2); Finemart, Inc.; KB Corp. (Yogi’s); Nilam, Inc. (Caribbean Liquors); SAR Convenience, Inc. (Shop N Go); and Banwait Liquors, Inc. (One Stop)—are being represented by Attorney Louis Cassis in their filing with the ABCC.
The restriction emerged following public hearings conducted in spring, which focused on whether the miniature bottles contributed to litter and vagrancy near retail liquor establishments. Both community members and Commission officials expressed concern that these small bottles were a contributing factor. The policy also included a second provision: retailers could not sell any alcoholic product priced below $3.
According to Attorney Cassis, the businesses under his representation contend that the policy modification has effectively harmed their operations and altered the terms of their licenses. “fblikebutton_button” The complaint states that “The Board’s action in prohibiting the sale of containers of spirits of 100mL or less and imposing a voluntary ban on containers priced below $3 is a modification of the liquor license within state law,” and “The action of the Board is so modifying the license was unsupported by substantial evidence; arbitrary, capricious and an abuse of discretion…; unsupported by specific findings of fact or by the evidence; based upon error of law; made upon unlawful procedure; violative of its own policies and procedures; and in excess of the statutory authority of the board.” Cassis maintains his clients are seeking ABCC review to overturn the measures affecting their businesses.
Subsequent discussions considered expanding the ban to include bottles of 250 mL or smaller, though this proposal was shelved in lieu of a voluntary restriction now being encouraged among store operators. The ABCC proceeding is expected to serve as a precedent for other municipalities statewide that have considered similar prohibitions on miniature bottles. Cities including Everett and surrounding communities have already moved forward with comparable restrictions.