Select Board issues 72-hour shutdown warning for unlicensed restaurants

Feb 8, 2021

Several Dartmouth restaurants operating without a license will be sent cease and desist letters giving them a 72-hour shutdown warning after the Select Board voted to take action against the businesses at a meeting on Feb. 8.

A dozen establishments — including Brick Pizza on State Road and Dunkin’ Donuts on Dartmouth St. — that have failed to apply or pay for their common victualler licenses this year will be sent the letters via police, officials said.

The cease and desist letters will give the restaurants three days to apply and pay the $100 license fee or risk being shut down.

Select Board members had vowed to take action against non compliant restaurants at a meeting in January, asking Town Administrator Shawn MacInnes to ensure that all those on the list were properly notified.

The first notices to renew the licenses were sent out in October last year, with multiple others sent via both mail and email in the intervening months, according to town officials.

“We’ve spoon fed these people [for a] long time,” said Select Board Chair Frank Gracie III. “Enough is enough.”

Many small businesses are struggling to stay afloat amidst the Covid-19 pandemic, and restaurants are among the hardest hit, with curfews, strict capacity limits and other guidelines curtailing profits.

Duke’s Bakery, Cravings, and the Sail Loft are among the coronavirus casualties, with others — like Buster’s Bar and Grill — indefinitely closed until full seating is allowed again.

The Select Board members seemed reluctant to shut down the restaurants, but agreed that something had to be done.

“Here we have businesses that are striving to make a buck during this pandemic,” said board vice chair Shawn McDonald. “Are some struggling? Yes. But somebody like Dunkin’ Donuts on Dartmouth St., they’re not struggling. There’s lines all the time.”

“How much money have we spent trying to collect this small amount of money?” asked board member Stanley Mickelson. “And not only just dollar wise. Look at the time and energy being spent out of the Select Board office.” 

“We had our brand new building inspector visiting these places, and that’s not fair,” agreed board member David Tatelbaum. “He’s got a bigger job.”

Gracie said that sending a cease and desist might “light a fire under their butts,” motivating the businesses to either get the license or choose to close down. 

“I’d rather they continue,” he said. “But they can’t keep jerking us around, which is what they’re doing.”

A few restaurant owners said after the meeting in January that they believed they had already applied for the license online, including Naughty Dawgs owner Janis Sharek, who has since gotten her license approved.

“This year, we implemented a new online licensing and permitting system,” noted MacInnes, stating that the new system makes the process “a lot easier” for businesses. 

“We realize that this year has been difficult for everyone, due to Covid. Therefore, we’ve tried to be as accommodating as possible with license holders in town by contacting them directly, by mail and by email.”

“All that being said, at this point they’ve had over three months to reapply and we need to have them licensed to do business in town,” he added.

Businesses that have yet to apply or pay for their license include Caddy Shack and Wild Honey Cafe.

McDonald pointed out that Caddy Shack doesn’t open until March, and a change in landlord for Wild Honey means that the Russells Mills Village cafe is looking to move.

Other establishments on the list include Sweet Kiwi frozen yogurt, Java Shack, Dartmouth Roast Beef, Dockside, and Cold Stone Creamery along with Dunkin’ Donuts and Brick Pizza.

Ricardo Corp, American Auto Exports, and the Smith Mills Congregational Church are also among the previous license holders who have yet to renew.