LIVERMORE — Michael Weaver, owner of the Carriage House Cafe on Route 4, has appealed the state’s May decision to deny his renewal application of his restaurant liquor license. No date has been set for a hearing.
Livermore Board of Selectpersons denied Weaver’s application to renew his liquor license by a 3-2 vote on Nov. 3, 2014. The board considered Weaver’s application inaccurate and incomplete because he did not list all of his criminal convictions.
Weaver claims in his appeal of the state’s decision that the town of Livermore and the Maine Bureau of Alcoholic Beverages & Lottery Operations erred in not renewing his license.
On Friday, Weaver was verbally upset because of the denial and the close of his business. The Carriage House Cafe wasn’t closed due to lack of business or any violations, Weaver said.
“We closed with good standing to our community,” he said.
He also said that none of his criminal history has occurred in the past 12 years since he opened the restaurant. He is being punished for mistakes he made 35 years ago, he said. He also claims bias regarding selectpersons.
Weaver appealed the town board’s Nov. 3 decision to the Maine Bureau of Alcoholic Beverages & Lottery Operations.
Timothy R. Poulin, deputy director of the bureau, presided over a hearing on Feb. 19. He issued a denial of the license renewal on May 11. The decision stated that the restaurant’s temporary liquor license, which was granted after Weaver’s license expired Nov. 20, 2014, would expire 30 days from the date of denial unless the expiration is stayed.
Weaver submitted a request for a stay in May to be able to continue to serve alcohol until Sept. 1 to fulfill obligations to contracts to customers made prior to the denial of the liquor license.
In Poulin’s decision to deny the license renewal, he said that state law authorizes municipalities to consider and deny approval to applicants for renewal of on-premise liquor licenses based on one or more of seven specific grounds, including conviction of felonies. There is no limitation on the time frame beyond which those crimes committed by the applicant may not be considered by the municipality, he said.
In addition to the authority granted, the municipal officers can consider character when reviewing applications for on-premise liquor licenses. Selectpersons denied approval based on Weaver’s multiple convictions of Class B and C crimes as shown on the State Bureau of Identification report and Weaver’s reluctance to come forward with his criminal history as part of the application process, Poulin wrote. The report revealed a series of nine felonies involving trafficking in drugs, theft, possession of a firearm and aggravated furnishing of drugs that were committed by Weaver, he wrote.
The convictions date back to 1980. His most recent criminal felony charge was June 6, 2001, which was aggravated furnishing of scheduled drugs, in which he was convicted and sentenced to three years in prison, all of which was suspended, with three years probation, Poulin wrote. He spent some time in prison for other convictions, according to Poulin’s information.
“Based on Mr. Weaver’s criminal history record and convictions of not just one, but numerous felonies recorded on the SBI report, I am not persuaded by clear and convincing evidence that the decision to deny approval based on (law) was without justifiable cause,” Poulin wrote. “Evidence of Mr. Weaver’s felony convictions alone supports the selectmen’s denial of the application under this section. Moreover, this same evidence of multiple felony convictions supports a finding under (the law). I also find that Mr. Weaver’s failure to answer Question 13 on his application that he submitted to the selectmen, and his failure to provide selectmen with the details of his criminal history after being requested to do so – thus causing the selectmen, on their own initiative, to obtain Mr. Weaver’s SBI report – is additional evidence that supports denial (under law).” Poulin stated.
Question 13 on the application asks if the applicant has ever been convicted of any violation of the law, other than minor traffic violations, of any state of the United States?
Furthermore, Weaver admitted that he did not include his criminal history in prior applications other than referencing “drugs” because he thought it was sufficient despite the clear wording of Questions 13, and/or he was not paying attention, and, or, his mother filled out the application,” Poulin wrote.
“I find these admissions of Mr. Weaver reflect attributes not consistent with candor, trust, diligence and reliability and are additional evidence in support of the selectmen’s denial under the law,” Poulin wrote.
Based on findings of fact and conclusions of law, Carriage House Cafe’s application for renewal of liquor license is denied, he wrote.
dperry@sunmediagroup.net
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