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Friday, June 6, 2003 E-mail This Article
No beer tent at Weirs Beach Drive-In

By JOHN KOZIOL

Staff Writer

LACONIA — There should be no beer festival tent at the Weirs Beach Drive-In during Bike Week, the New Hampshire State Liquor Commission ruled on Thursday.

Commissioners John W. Byrne and Patricia T. Russell voted to deny the application of the Uptown Tavern of Manchester, which through its corporate parent, Somers Inc., had sought three consecutive three-day festival licenses for a tent at the drive-in, which is located on Endicott Street North.

The Uptown wanted the licenses for the period of June 6-14. Bike Week starts on Saturday and goes through June 15.

Commission Chairman Anthony Maiola did not vote. He did not attend Wednesday’s commission meeting when the Uptown formally presented its request for the beer festival licenses. The request was continued until Thursday.

Chief Aidan Moore, who heads the commission’s Enforcement Bureau, said the Uptown can request a hearing on the denial of its application, but had not done so as of mid-Thursday afternoon.

Representatives of the Uptown were not available for comment.

In handing down its decision, the commission referred to its rules governing beer festival licenses and considered three questions relating to the Uptown applications.

The questions were whether the rules permitted a licensee in Manchester to obtain a beer festival license in Laconia; what was the maximum length and duration of a beer festival license; and whether "wholesaler territorial agreements" apply to the holder of a beer festival license.

In written "findings of fact," the commission wrote that the beer tent festival license "shall be limited to the establishment where the applicant is domiciled."

The commission said it could take into consideration an applicant’s "track record or their ability or inability to operate an event successfully or with a minimum degree of violation."

But, it added, "We are concerned that a decision approving these applications will set public policy that permits any retailer to obtain a beer festival license for as long as they want anywhere in the state."

As to maximum length and duration of a beer festival license, it was clear, the commission said, that the license was intended for one, three-day period only.

If the commission granted multiple three-day festival licenses, "It is our opinion that an applicant could run a permanent or long-term business in a community without making an investment in a facility."

Finally, the commission found that a licensee who was eligible to receive a beer festival license was required to purchase products from "wholesalers in the geographic region...."

Previously, the commission granted the Naswa Resort on Weirs Boulevard a beer festival license as well as extension-of-service license for the Weirs Beach Lobster Pound, Endicott Street North; Broken Spoke Saloon, Watson Road; and the Paradise Beach Club/Coral Reef Restaurant, Lakeside Ave.

John Koziol can be reached at 524-3800 ext. 5940 or by e-mail at: jkoziol@citizen.com.

© 2003 Geo. J. Foster Company
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