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Vol. 21, No. 35
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Friday, August 31, 2018
Feeling the heat Overturned Hot, humid weather forced shorter school day for students during first week of classes
ABCC “disapproves” of Board of Selectmen’s decision to cancel liquor license By Mark E. Vogler
T
A PASSIVE PLAYGROUND: Nathan and Sarah – the children of Cindy Salerno, of Saugus – only got to spend about 15 minutes on the playground at Veterans Memorial Elementary School Wednesday because of the second consecutive day of extreme heat. Students in Saugus Public Schools had early release for the first three days of classes, Tuesday through Thursday, because of the hot, humid weather that made for uncomfortable conditions at schools throughout the district. (Saugus Advocate Photo by Mark E. Vogler) FEELING THE HEAT| SEE PAGE 2
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he state Alcoholic Beverages Control Commission (ABCC) disapproves of the Board of Selectmen’s decision to cancel an alcoholic beverage license in late 2016 and for denying its renewal for 2017 and 2018. EKB Corp., doing business as Sully C’s Bar and Grill at 168 Broadway, wasn’t treated fairly by the Board of Selectmen during proceedings which ended in the board’s denial of a request for a transfer of the liquor license for the now defunct Sully C’s to Sebastian’s Brick Oven Pizza at 1539 Broadway, according to a 12-page decision issued by the commission on Aug. 16. “ The Commission disapproves of the Local Board’s cancellation of EKB’s license for two reasons,” the ABCC noted. “First, at all steps EKB complied with the Local Board’s instructions to find a buyer and made a good faith effort to do so. EKB found a buyer who sought to transfer the license to a new location,” it said. “Mr. [Frank] Perry, the proposed owner of the license, was statutorily qualified to hold a license and had a properly completed application submitted with the Local Board by the Local Board’s deadline of Nov. 30, 2016. The Local Board found that Mr. Perry did not have enough experience or knowledge of the liquor industry in Saugus, and was within their discretion to deny the application.” The board’s denial of the transfer ended Elaine Byrne’s hope of selling the license
that she once held for Sully C’s, which closed more than a year because of a fire and never reopened. Sully C’s had been closed since a May 2015 fire damaged the building, which is owned by Suleyman Celimi. Town officials had expected that Sully C’s and Boston Market – which also rented space in the building – to reopen within weeks of the fire. But a year-long legal dispute over who should be responsible for making the necessary repairs to satisfy town inspectors forced selectmen to schedule a show cause hearing on the liquor license in July of 2016. That’s when they voted to revoke the license, but delay its enforcement to allow Byrne a chance to find a buyer. Procedural matters denied fairness The ABCC ruling noted procedural matters which denied EKB an opportunity to be heard by the town. “EKB was not given notice that if the transfer to Sebastian’s was denied, the cancellation of her license would be considered by the Local Board that same evening. As such, EKB was not present for the hearing and was not afforded an opportunity to be heard before the Local Board,” the ABCC determined. In addition, EKB “was entitled to notice of a cancellation hearing under the general premise that licenses are entitled to due process, which includes notices and an opportunity to be heard – neither of
OVERTURNED | SEE PAGE 16