Chelsea has submitted a brief to the Alcoholic Beverages Control Commission (ABCC) seeking dismissal of a case filed by nine liquor licensees challenging the city’s ban on small liquor bottles (50 mL), commonly called nips.
During an ABCC hearing on Dec. 8, the licensees presented arguments in support of their position.
The City’s response includes a motion asserting that the ABCC lacks jurisdiction to review the ban’s legality. This case represents a significant development, as Chelsea is the first municipality to implement a comprehensive nip sales ban. While many communities view nips negatively due to litter and public drinking concerns, the products generate substantial revenue for liquor retailers, including those in Chelsea. The outcome is being closely monitored by other municipalities and liquor store operators considering similar measures.
According to City Manager Tom Ambrosino, the central issue involves whether the ABCC has the authority to hear the case.
“They will decide on that preliminary issue
soon,” he said. “If they have jurisdiction, they’ll decide on the issue. If
they decide they don’t have jurisdiction, then the ban stands.”
The City’s motion contends that “The ABCC
is not a super-regulatory authority for review of regulations issued by local
licensing authorities, and therefore is not the proper forum for Appellants to
challenge the regulations.”
Additionally, the motion raises the point that the licensees waited several months before appealing, filing their challenge in September despite the ban taking effect in May.
Chelsea implemented the nip ban last year, and it has remained in place for an extended period. A proposed restriction on 100 mL bottles was postponed pending resolution of the current case.
Ambrosino has observed notable improvements since the ban took effect.
“I do notice a little difference,” he said. “I think the Downtown Task Force police officers will tell you the same. I
think it’s been effective. It’s one piece of many efforts we have in place.
There’s a lot of things that contribute to the absence of that problem,
including all the social services and resources going on as well.”
The licensees are anticipated to submit their response to the City’s dismissal motion within the coming week.