Published January 28, 2021
By MAUREEN DOHERTY
NORTH READING — Following a third Show Cause hearing before the Select Board in an 18-month period Monday night, the owner of Route 28 Lucky Mart, 202 North St., will have his package store/wine and malt beverage license revoked for 21 consecutive days, starting Friday, Feb. 5 — the weekend leading into Super Bowl Sunday — through Thursday, Feb. 25.
The ruling carried 3-2 after multiple suspension scenarios were discussed by the Select Board members, with Select Board members Stephen O’Leary, Rich Wallner and Vincenzo Stuto in favor of the suspension and Chairwoman Kate Manupelli and Liane Gonzalez opposed. They both favored license revocation or a longer suspension.
Owner Sonal Patel, represented by attorney Sean Delaney, accepted the facts as presented by Police Chief Michael Murphy to the board.
While pleading sufficient facts in the case, which was the result of an alcohol compliance check canvassing that was done throughout the town by North Reading police detectives working in tandem one underage youth who was successfully sold a 6-pack of Bud Lite without being asked for identification on Monday, Dec. 28, Delaney argued that according to the ABCC compliance checks are supposed to be educational in nature as opposed to punitive.
Delaney noted that the employee has been terminated and the owner is preparing to put the business on the market.
But this reasoning did not sway the board, particularly since the violation occurred just days prior to the five-day suspension the board had imposed on Lucky Mart, to be served over the New Year’s holiday weekend stemming from a similar compliance check back in October. A different clerk was involved in the October incident; however, the clerk in the Dec. 28 sale was the same clerk who had sold to a minor in the summer of 2019. That Reading youth was subsequently stopped for speeding on Rte. 28 by NRPD and the alcohol was visible to the officer, partially covered in the back seat. This clerk had not worked at the store in months and had been brought back recently by the owner.
The clerk was Tips certified. Chief Murphy also noted that prior to the alcohol compliance check Amy Luckiewicz, the town’s Drug-Free Communities Grant Coordinator, had sent a memo on Dec. 21 to all alcohol license holders reminding them that while clerks are not supposed to request customers remove their masks when checking IDs they are suppose to rely on their Tips training to request secondary means of ascertaining the customer’s age, and that the should ID anyone who appears under age 40.
Murphy said the ABCC recommends anyone under 30 be carded.
After the sale to the minor was made the clerk had stated to detectives that it appeared this store was being “targeted.” According to Murphy, the detective assured Mr. Patel that alcohol compliance checks are done at every store in town. Every other store passed the test by checking for this youth’s ID. Since the youths do not carry any ID with them when the do compliance checks with the NRPD they are instructed to just leave the merchandise behind and leave the store and not to attempt to misrepresent their true age.
“We did file a criminal petition against Marmet Patel and are still awaiting a court date,” Murphy said.
Delaney told the board, “I don’t think there is anyone more disappointed than Mr. Sonal Patel” over this latest incident. He has gone over the training with his employees and has invested in the equipment to scan the licenses as well, while also instructing the clerks to card anyone who looks to be under 80 years old. As a result of this situation, he has decided to sell the business with the alcohol license. He also has a lottery license and a small selection of groceries and incidentals.
Select Board member Vincenzo Stuto commented that punishment needs to be progressive in all instances. “I cannot ignore what has occurred before. Once is a mistake, a second time is a pattern and a third time is a habit.”
“He probably should not have told us he was selling it,” Stuto added. “The buck stops with him. I don’t know how a suspension affects a sale, but asking for leniency for a mistake that was his fault? …Either he has the worst employees of all time or he did not hammer the point home.”
Gonzalez commented, “What bothers me the most in this situation is that the first offense it was a fake ID, if I remember correctly, but the second and third they didn’t even card.”
She added that she cares about “the kids in this town and three incidents of selling (alcohol) to our kids is too much.”