Published in the December 22, 2016 edition
By BILL LaFORME
NORTH READING — Selectmen narrowly voted Monday night to allow a North Reading businessman three more months to find a buyer for the beer and wine license he has been holding since the former Tedeschi’s convenience store closed.
Chris Pendleton, who has been seeking either a new business or a buyer for the liquor license since summer, told selectmen that the state’s Alcoholic Beverage Control Commission, as well as one similar court case, do provide latitude for local officials to approve liquor licenses for a grace period without having a specific address attached to them. Pendleton also noted that the town had cashed his $2,500 check for renewal of the license in question, suggesting that this constituted “implied acceptance of the application.”
Without action by the selectmen, the license would have simply expired at the end of the year.
“I have been working on a couple of new scenarios,” Pendleton told the selectmen, adding that “we’re not sitting idly on the license.” Pendleton said he is waiting for funds associated with his former Tedeschi’s store to become available soon after the first of the year, which will help make his next business moves more possible. Later, he reported that he had paid $40,000 in a private transaction six years ago to obtain the license in the first place.
After 7-11 acquired 180 Tedeschi Food Shops in the region, the Tedeschi in North Reading was closed and a deed restriction placed on the property barring certain convenience store type items that could compete with the 7-11 across the street from where Tedeschi was.
“I think it should be appreciated that this was not of your doing,” Selectman Jeffrey Yull told Pendleton. Yull added that Pendleton will not simply spend $2,500 per year indefinitely just to sit on an idle beer and wine license. Pendleton agreed, suggesting that a six-month extension of the license would allow him to resolve the matter. “I don’t want to pursue this forever,” said Pendleton, adding that he would simply hand in the license to the town if the extension passes with no sale or new business. Pendleton reported that he has a new business idea in mind – one that would not be a convenience store. Also present at the hearing were the owners of Captain Pizza on North Street, who own the adjoining Lucky Mart and who hope to reach an agreement with Pendleton on acquiring the license. Pendleton also said somebody else has called several times now about the license.
Selectman Kathryn Manupelli opposed the extension, noting that the board had already given Pendleton considerable time to resolve the fate of the license. She also pointed out that this is currently the town’s only open retail beer and wine license, and that while it is tied up, nobody else can try to start a business with it. “This is a renewal situation only,” said Manupelli, arguing that the extension made little legal or practical sense – especially since selectmen did not know what Pendleton’s new business idea is.
Selectman Stephen O’Leary suggested that the board could give Pendleton until the end of January, since that would mark six months since the initial license hearing. He added that six months is an “awful long time” to tie up the town’s only remaining license. When Pendleton maintained that a month would be tight and that six months was more consistent with previous cases, O’Learly told him “we’ve been pretty up front and fair,” in working on the matter.
Town Administrator Mike Gilleberto pointed out to selectmen that despite previous cases where a six-month extension was granted, the legal precedent was still that selectmen “may” grant such an extension – not that they “shall” grant it. Later, Gilleberto suggested that if selectmen were inclined to grant an extension, they could potentially seek Pendleton’s promise not to appeal their future decision.
Selectman Michael Prisco was also concerned about the amount of time the liquor license has been tied up. “You had plenty of time,” he told Pendleton, “It didn’t work out.” He added that Pendleton would still be free to apply for the license if it reverted back to the town. “Its not an entitlement, sorry,” he added. “I’m ready to move on.”
Citing Pendleton’s good standing as a member of the North Reading business community, O’Leary suggested that some sort of extension would still be in order, perhaps in the 30-60 day range.
“I see a family man who has a business, corporate America decides on a merger and he gets thrown out,” added Yull. “The end result should be we have an established business back in town creating tax revenues.”
In the 3-2 vote, with Manupelli and Prisco voting “no,” selectmen approved extending the license until its new expiration date of March 31, 2017.
