New license presents dilemma for Tiki Bar
Al Harrington says he didn’t really want a year-round liquor license for Captain Al’s Tiki Bar, and he didn’t really think he’d get one. Now that he has it, he found himself in front of Selectmen Tuesday night, explaining why the mostly open-air Tiki Bar isn’t open in January.
His explanation, and the exchange with Selectmen, proved useful for everyone’s understanding of the eight new “above quota” liquor licenses that Wareham was able to obtain from the state Legislature in 2010.
Unlike regular liquor licenses that can be transferred between locations so long as approval is obtained from town and state licensing authorities, the new licenses were, from the beginning, linked to specific addresses.
As Harrington tells it: When Wareham was getting ready to make its case for additional licenses, local officials approached him about whether he would like to replace the “seasonal” license for his waterfront establishment near the Bourne line with a year-round license.
“We were very happy with our seasonal license,” Harrington remembers thinking. “It gets pretty damn cold in the winter.”
But “everyone was working so darn hard” to get those licenses, we said ‘Yes, we would be interested.’”
Fast forward, and it’s a bit like the dog that catches the car. Harrington said he didn’t think the town would succeed in getting the licenses and, even with his new year-round license in hand, has no desire to open in the winter.
The trouble is, with the license linked to the address, it cannot be transferred to an establishment that would like to be open year-round.
His solution as presented to Selectmen: “What I understand is that you people can amend anything you want” – including amending his year-round license to allow him to operate only seasonally.
Town Counsel Richard Bowen used different words, but agreed Harrington’s solution would be legal. “The Board of Selectmen has very broad discretion,” he said.
Selectmen agreed to take the matter under advisement.