Proposed Package Store Raises Concerns

Selectmen and Northborough Police have a strong concern about a package store and cigar shop proposed at the former Reliance Beer and Wine.

One Stop Beer Wine and Cigar owner Jack Patel proposes selling some pipes that can be used for smoking marijuana.

That would violate state law, Detective Sgt. Brian Griffin told selectmen Monday night.

Selectmen voted 4-1 (Aaron Hutchins opposed) to continue their discussion of the request to transfer the wine and malt package store license from Reliant Beer and Wine Inc. to Kabir Saheb Inc. for 293 West Main St.

In the meantime, Town Administrator John Coderre said he will discuss the matter with town counsel and Michael O'Neil, representing Patel and his wife, to "see if we can put something together that might -- might -- satisfy some of the concerns of the board."

"Right now, I'm uncomfortable approving a license, and then saying, 'Let's leave the rest up to law enforcement to make sure what's not supposed to happen doesn't happen,'" Chairman Leslie Rutan said shortly before the vote.

"Are we sanctioning the business just to shut it down?" Vice Chairman Dawn Rand added.

A fire in July 2012 suspected to have started in a back storage room, created smoke that caused significant damage.

O'Neil said "the store has been inactive for about a year, I believe."

The Patels intend to sell tobacco pipes in the Northborough shop, as they do in their Franklin store, which has a "small display in the rear of the store," O'Neil said.

"It is clearly marked that the pipes are for tobacco use only," he said.

Griffin said he has "no concerns" with the Patels' background, and "there have been no issues" in their Franklin store.

Griffin said the proposed name of the Patels' Northborough store concerns him, as it includes the word cigar.

"I specifically asked him if he would be selling marijuana pipes in a cigar store. That's kind of been the trend I've been seeing recently, where some cigar stores are selling marijuana pipes in the store. Mr. Patel did admit he was planning to sell a small percentage of marijuana pipes in the store. I would have concerns with that. I feel it would be a violation of Mass. General Law," Griffin said.

Coderre said he spoke with town counsel. who indicated the applicant "must comply" with state law.

Coderre said he would recommend that if the board favored the license transfer, that selectmen require that "the applicant will comply with all Mass. General Laws."

O'Neil asked selectmen to let the Patels open the store, "and if the result is that the law enforcement of the town of Northborough believes that there is a violation, then" police will act.

Patel said the pipes are glass, and "they're more attractive."

"A lot of people do collect them," he said.

Selectman Aaron Hutchins said he had no problem with approving the license transfer, and then letting police raise any issues.

"We all don't want this kind of stuff in our town, but we don't have the authority to do anything about it tonight," he said.

Police Chief Mark Lahey said that "now we're introducing 18, 19, 20 year olds into a dedicated package store for the purpose of tobacco."

"He said, 'I won't sell to anyone under 18.' But, our legal drinking age is 21. So, now we're going to have the 18, 19, 20 year olds in the store to purchase tobacco in that environment," Lahey said.