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Three Brookline businesses caught in alcohol sales sting

By Andreae Downs
Globe Correspondent / October 24, 2010

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Brookline selectmen last week delivered stern warnings to two businesses and levied a punishment on a third after they were caught selling alcohol to a minor during a police sting operation last month.

The board’s decision to suspend Mall Discount Liquors’ alcohol sales license for 10 days will cost the Harvard Street business more than $40,000 in lost receipts, according to Steven Boris, a lawyer representing the store’s owner.

Town officials are particularly interested in enforcing the liquor laws because of recent increases in the number of college-age tenants in and around its northern borders, which has made some residents worry that life in these neighborhoods could become less pleasant.

Mall Discount Liquors sits near the town’s border with Boston’s Allston section, which is heavily populated with students.

The business received the suspension because last month’s citation was its second liquor-license violation in a year, officials said.

In January, according to Lieutenant John McCarthy, police several times found that managers were not properly trained to sell liquor. In February, the Board of Selectmen gave owner Francisco Viana its usual sanction for first offenders, suspending his license for three days, but putting the suspension on hold for a year on the condition that no further violations occurred.

As a result of the Sept. 14 purchase by an underage student working with police, selectmen voted unanimously to enforce the three-day license suspension and to add another seven days for the second violation.

Viana’s lawyer, Boris, said during Tuesday’s hearing that his client admitted to the most recent violation and agreed to the suspension. He asked that it be served consecutively and quickly, as his client is trying to sell the business and will be returning before the board for a license transfer Nov. 16.

“He takes this violation very seriously,’’ Boris said, noting that an infection kept his client from appearing in person. Viana, he said, owns two restaurants in Framingham and has had no issues there.

“This was his first foray into retail liquor. He now realizes running a liquor store near a college area is a full-time business, and with two restaurants, he doesn’t have the time.’’

Viana, he said, has fired the employee who sold beer to the student without asking for identification, and has been vigilant in checking for fake IDs. Boris displayed a fistful of fake licenses that he said Viana or his employees had confiscated.

Selectman Ken Goldstein joined his colleagues in scolding Viana through Boris. “We can’t emphasize our displeasure without him being here except through the penalty,’’ he said.

The board also chided the two first-time violators before giving both of them a three-day suspension, held for a year.

Christopher Hogan, manager of the Meat House at 1285 Beacon St., and Ricky Patel, owner of Village Liquor & Convenience at 294 Washington St., expressed contrition for the Sept. 15 sales to the student working with police. Both provided documents showing new employee training and policies since the sting.

“This is a conversation we are constantly having with our employees,’’ Hogan said.

Selectwoman Betsy DeWitt, the board’s chairwoman, noted the license for the Meat House was relatively new.

“You were here recently, and should not have already forgotten the warnings we gave you then,’’ she said. “This is a privilege. You should always be carding, never serving a minor.’’

Patel’s lawyer, Adam Barnosky, told selectmen that Village Liquor is a family business, with just Patel, his wife, and his father as employees. He said a second store in Quincy owned by Patel had no violations, and that the sting had “refocused’’ the store policy, and the three now card anyone buying alcohol.

“We are very sorry,’’ Patel said. “We make sure we check all IDs.’’

Andreae Downs can be reached at andreaedowns@yahoo.com.

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