Grille Appeals Six-Day Suspension

As the academic season opens and students pour into the Square looking for a good time, the Crimson Sports Grille is once again the center of attention--in more ways than one.

Accused of serving underage drinkers, the Grille is fighting a six-day suspension of its liquor license.

Grille officials announced last week that they are appealing the suspension received last October and are awaiting a ruling from the Massachusetts Superior Court.

The Alcohol and Beverages Control Commission, (ABCC) denied an initial appeal in August, the second time the ABCC has refused to overturn a Grille license suspension.

The initial suspension resulted from a Cambridge Licensing Commission sting operation which uncovered several underage patrons at the JFK Street pub.

One of the students exposed in the raid was accused of using a fake Massachusetts ID. According to Grille attorney James J. Rafferty, the student's testimony at the commission hearing that he used a Massachusetts license for identification has become the focus of the second appeal.

"There's a very significant question of law at hand," said Rafferty.

"According to state law, if the licensee can demonstrate that they were reasonable in relying upon a Massachusetts license, then they're not guilty of anything," Rafferty said.

According to Rafferty, state law mandates that licensees use "due care" in examining Massachusetts licenses. Rafferty said Grille employees did use proper caution in checking patron IDs and he expects the ABCC decision to be reversed.

"The demographic of Grille customers is younger and there's only so much they can do. They haven't always been successful, but they relied on a state license and that's legal," Rafferty said.

But representatives of the Cambridge Licensing Commission said they believe Grille officials knew they were serving underage patrons.

"Harvard Square has consistently been a problem spot for underage drinking," said Richard V. Scali, executive director of the Cambridge Licensing Commission and liaison to the ABCC.

Scali said he doubts the authenticity of the alleged underage drinker's testimony at the initial hearing.

"My officers followed the bartender and they specifically heard him tell [the underage patron] to 'get rid of the drink.' Then [the patron] said he didn't have any alcohol," Scali said.

"In cases such as this, the licensee is manipulating underage persons and I think that's a pretty sad way of twisting the facts," he said.

The Superior Court will review all testimony presented at the previous two hearings and evaluate whether the ABCC made a correct decision based on all available evidence.

"[The court] will review the record to see that the ABCC didn't make a capricious decision," Scali said.

"I know we didn't, so my feeling is [the suspension] will be upheld," he said.

If the suspension stands, the Grille might still eliminate the blot from its record through participation in the Substance Abuse Task Force.

Initially formed in 1994, the task force lapsed for two years and was revived by several local businesses last January. Consisting of about 20 licensees, the task force targeted underage drinking as a key problem for Cambridge licensees.

In a report to the Cambridge Licensing Commission released in August, the Task Force identified several avenues of progress in its fight against underage drinking.

The group designed a merit system which would reduce violations by licensees in the past five years based on service and membership on the task force. They also requested the Cambridge Licensing Commission ticket underage drinkers and revoke their licenses and offered to work closely with the District Attorney to prosecute underage drinkers more stringently.

"It's not only a protection of the businesses involved, it's a protection of the community," said Cheryl Alavi, Food and Beverage director at the Hyatt Regency Hotel.

Alavi, a founding member of the task force, said the fact that the Grille belongs to the task force is demonstrative of its intentions.

"It's a good thing because it shows [the Grille] is interested in solving the problem," she said.

Rafferty agreed that Grille owners are committed to ending underage drinking in Cambridge and said they will continue to crack down on students who use counterfeit forms of identification.

"There's no profit incentive for the licensee to get a suspension," Rafferty said.

"They can't make up for it by getting more customers because it goes on their record. The fact is it's just not worth the risk.

"In cases such as this, the licensee is manipulating underage persons and I think that's a pretty sad way of twisting the facts," he said.

The Superior Court will review all testimony presented at the previous two hearings and evaluate whether the ABCC made a correct decision based on all available evidence.

"[The court] will review the record to see that the ABCC didn't make a capricious decision," Scali said.

"I know we didn't, so my feeling is [the suspension] will be upheld," he said.

If the suspension stands, the Grille might still eliminate the blot from its record through participation in the Substance Abuse Task Force.

Initially formed in 1994, the task force lapsed for two years and was revived by several local businesses last January. Consisting of about 20 licensees, the task force targeted underage drinking as a key problem for Cambridge licensees.

In a report to the Cambridge Licensing Commission released in August, the Task Force identified several avenues of progress in its fight against underage drinking.

The group designed a merit system which would reduce violations by licensees in the past five years based on service and membership on the task force. They also requested the Cambridge Licensing Commission ticket underage drinkers and revoke their licenses and offered to work closely with the District Attorney to prosecute underage drinkers more stringently.

"It's not only a protection of the businesses involved, it's a protection of the community," said Cheryl Alavi, Food and Beverage director at the Hyatt Regency Hotel.

Alavi, a founding member of the task force, said the fact that the Grille belongs to the task force is demonstrative of its intentions.

"It's a good thing because it shows [the Grille] is interested in solving the problem," she said.

Rafferty agreed that Grille owners are committed to ending underage drinking in Cambridge and said they will continue to crack down on students who use counterfeit forms of identification.

"There's no profit incentive for the licensee to get a suspension," Rafferty said.

"They can't make up for it by getting more customers because it goes on their record. The fact is it's just not worth the risk.