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BD. OF SELECTMEN v. ALCOHOLIC BEVERAGES CON. COMM'N

373 Mass. 708 (1977)

369 N.E.2d 1011

BOARD OF SELECTMEN OF BARNSTABLE vs. ALCOHOLIC BEVERAGES CONTROL COMMISSION & others.

Supreme Judicial Court of Massachusetts, Barnstable.

November 21, 1977.

Attorney(s) appearing for the Case

Andrew J. McElaney, Jr., Assistant Attorney General, for Alcoholic Beverages Control Commission.

Edward W. Kirk for Tri-Nel Management, Inc.

J. Douglas Murphy, Assistant Town Counsel, for the Board of Selectmen of Barnstable.

Alan A. Green for M.D. Armstrong's, Inc.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, & WILKINS, JJ.

KAPLAN, J.

Because of increase in its population, the town of Barnstable became eligible in 1976 to make awards of seven new year-round licenses for the sale by common victuallers of all alcoholic beverages to be drunk on the premises ("pouring" licenses). See G.L.c. 138, §§ 12, 17. Twenty-seven firms or individuals presented applications to the board of selectmen (hereafter the board), which acts as the local licensing authority (see G.L.c. 138, §...

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