North Adams Restaurant Has to Reapply for Alcohol License

By Tammy DanielsiBerkshires Staff
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NORTH ADAMS, Mass. — Desperados restaurant won't be able to serve alcohol until it gets a new license under its new ownership. 
 
Former owner Peter Oleskiewicz and new manager Chris Bonnivier had been scheduled to discuss the transition situation with the License Commission on Tuesday but Commissioner Rosemari Dickinson informed her colleagues that the restaurant's license had been turned in. 
 
"Mr. Oleskiewicz hand-walked his license to surrender to us yesterday," Dickinson said at Tuesday's meeting. "So the license is no longer. He voluntarily surrendered it."
 
Since the property no longer has a valid license, the alcohol cannot even be stored at 23 Eagle St., she said, because the pouring license is no longer in effect. The alcohol can be sold to other license holders, with permission of the Alcoholic Beverages Control Commission, or back to the distributor. 
 
She said it was up to the license holder to remove the liquor since it was purchased under that license. 
 
When contacted, Oleskiewicz said the alcohol belonged to the new owners and it was up to them to get it off the premises. 
 
A new team with Bonnivier, a well-known local chef, and his partners Sandra Lopez Nieves and Joseph Bevilacqua took over the restaurant in September, and recently announced that restaurant's former owner, David Atwell, will be coming back on board. 
 
Oleskiewicz, a city councilor, has said operating both the Mexican restaurant and the Miss Adams Diner had become too much, largely because of a shortage of staff. He had stayed on the license as manager but is no longer involved. 
 
The commission said the new team would have to apply for another pouring license if it wanted to serve alcohol. 
 
"They have to start from the beginning so it's no longer transfer as soon as this goes back [to the ABCC]," said Dickinson. "Once the state's informed that this is no longer being licensed, 23 Eagle St. becomes open again and they would apply for a brand-new license."
 
The business cannot apply for any other type of license, such as a special one-day license, in the meantime.
 
The restaurant is closed this week because of a medical issue, according to its Facebook page. Dickinson asked Commissioners Peter Breen and Michael Goodson if wanted to do a walk through when it reopened to see if the alcohol had been removed; Breen suggested that a police officer do it and report back. 
 
Breen also suggested sending the new owners a letter informing them of the situation and as a way to get them communicating with the commission on their plans. 
 
The commission also spoke with Abbas Choudhry about errors in the application for Shahmer LLC to take over Dave's Package Store on River Street, including not yet changing over a New York driver's license to Massachusetts after moving to North Adams. 
 
Choudhry said some of the errors and missing information had been corrected at the state level but Dickinson said those changes also had to be completed on the five-page application submitted to the commission. 
 
"Act like you're filling out a brand-new application for a transfer because that's what it's for," she said. "The necessary paperwork will come down with the checklist again, do whatever you have to, that we need that's not included. ...
 
"We've already received this back one time and so rather than to keep stalling it, I suggest you fill out ... so that everything is answered."'
 
Owner David Atwell had already sent in the renewal for the package store license so it would only be a transfer on Choudry's end, Dickinson said. 
 
She also reported to the commission that there were still seven license renewals that had not been returned by early Tuesday but she had contacted the owners who said they would get them in by day's end. 
 
City Councilor Jennifer Barbeau, who attended the meeting, asked about any restaurants that had closed because of the commercial tax rate. A restaurant owner had reached out to her about closures after last week's tax classification hearing that had centered the tax burden carried by small businesses. 
 
Dickinson said five restaurants were not renewing their license but not from anything to do with the tax rate, as far as she knew. The five not renewing are Desperados, the Capitol (which closed this past summer), the Pitcher's Mound (which closed because of retirements), Door Prize (which opened this past summer at Massachusetts Museum of Contemporary Art), and The Ranch, which closed a couple weeks ago in part because of staffing shortages. 
 
"They were all going to close anyways or have already closed," she said. 

Tags: license board,   restaurants,   

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Clarksburg OKs $5.1M Budget; Moves CPA Adoption Forward

By Tammy DanielsiBerkshires Staff

Newly elected Moderator Seth Alexander kept the meeting moving. 
CLARKSBURG, Mass. — The annual town meeting sped through most of the warrant on Wednesday night, swiftly passing a total budget of $5.1 million for fiscal 2025 with no comments. 
 
Close to 70 voters at Clarksburg School also moved adoption of the state's Community Preservation Act to the November ballot after a lot of questions in trying to understand the scope of the act. 
 
The town operating budget is $1,767,759, down $113,995 largely because of debt falling off. Major increases include insurance, utilities and supplies; the addition of a full-time laborer in the Department of Public Works and an additional eight hours a week for the accountant.
 
The school budget is at $2,967,609, up $129,192 or 4 percent over this year. Clarksburg's assessment to the Northern Berkshire Vocational School District is $363,220.
 
Approved was delaying the swearing in of new officers until after town meeting; extending the one-year terms of moderator and tree warden to three years beginning with the 2025 election; switching the licensing of dogs beginning in January and enacting a bylaw ordering dog owners to pick up after their pets. This last was amended to include the words "and wheelchair-bound" after the exemption for owners who are blind. 
 
The town more recently established an Agricultural Committee and on Wednesday approved a right-to-farm bylaw to protect agriculture. 
 
Larry Beach of River Road asked why anyone would be against and what the downside would be. Select Board Chair Robert Norcross said neighbors of farmers can complain about smells and livestock like chickens. 
 
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