Swampscott’s Hawthorne to serve liquor suspension

SWAMPSCOTT – Almost two years after it was cited for serving alcohol to minors, Hawthorne by the Sea has agreed to serve its one-day liquor license suspension.At the selectmen meeting Tuesday evening, an attorney representing the restaurant said it would serve its suspension and would like to do so on Friday, Jan. 22. The selectmen voted to allow the business to serve its suspension on that date.Seven other businesses had their liquor licenses suspended by selectmen in association with the March 2008 sting and all have served their suspensions. Hawthorne by the Sea was the only establishment that appealed its suspension.In March of 2008, selectmen voted to suspend the Hawthorne by the Sea’s liquor license for one day after the business was caught selling alcohol to a minor in a sting operation. The restaurant appealed the suspension to the Alcoholic Beverages Control Commission.In August of 2008, the ABCC ruled that a sting operation and a hearing dealing with Anthony’s Hawthorne by the Sea were appropriate and legal, but disagreed with the board’s decision to issue a one-day suspension.The ABCC also ruled selectmen acted within their authority when it disciplined Hawthorne by the Sea for selling to minors, but the ABCC disagreed with the one-day suspension and remanded the case back to the Board of Selectmen.The decision stated the Board of Selectmen was correct in its finding that Hawthorne sold alcohol to a minor, but it went on to say the ABCC disapproves of the one-day suspension. According to the decision, the Board of Selectmen did not provide evidence the one-day suspension was reasonable. “No persuasive evidence was submitted to show the local board developed a written guideline or used a history of their decisions as a measurement of a reasonable violation standard,” the decision read.According to the ABCC, the fact the Hawthorne by the Sea has been in business for more than 60 years and has never been cited for selling to minors is something that should have been taken into account. Despite the ABCC recommendation, the Board of Selectmen voted to uphold the suspension, which was scheduled to be served Oct. 3, 2008 so the restaurant exercised its right to file suit in Essex Superior Court. Details of the court case were not discussed at the selectmen meeting.