Updated

Unlicensed Dartmouth restaurants may be shut down

Jan 26, 2021

This article was updated on Jan. 26 to include comments from restaurant owners and again on Jan. 27 to include comments from Town Administrator Shawn MacInnes.

Officials are warning Dartmouth restaurants: Get your license, or you’ll be shut down.

Select Board members said at a meeting on Jan. 25 that a number of establishments in town — including Brick Pizza, Village Cafe, and others — are late to renew their common victualler license to legally operate this year.

Earlier this month the board sent out letters notifying several Dartmouth restaurants that they had not applied or paid for this year’s license — something members said they had never experienced before.

“This is the first year I have seen these licenses not being renewed this late,” noted Select Board Vice Chair Shawn McDonald.

“In my seven years [on the board], I’ve never seen it,” agreed board member Stanley Mickelson. “It’s an anomaly.”

But a few restaurant owners say they have already applied and paid for the license online.

I’ve applied, I’ve paid, and that should be done,” said Naughty Dawgs owner Janis Sharek, whose popular hot dog spot is listed as unlicensed. “I went down there on Dec. 30 [to pay] for both the common vic and the food permit.”

She added that her bookkeeper completed the applications online, but she has yet to receive the license in the mail.

Dartmouth’s Own Roast Beef and Pizza owner Steve Mentzer said he has also applied for the license.

“I did it online and never got a response,” he said. “I did it the same way I did [the food permit] for the Board of Health.”

Town Administrator Shawn MacInnes stated that according to town records, neither Naughty Dawgs nor Dartmouth Roast Beef has applied for the license, although one has paid for a license without submitting the renewal application.

“This year, we implemented a new online licensing and permitting system,” he noted, 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 e-mail.”

“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.

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 on State Road and the Sail Loft in Padanaram are among the coronavirus casualties, with others — like Buster’s Bar and Grill — indefinitely closed until full seating is allowed again.

But board members agreed that Covid is not an excuse for late license applications.

“I understand the Covid’s an issue, but we can’t keep going back to Covid being an issue for not applying for a common vic license,” said Mickelson. 

“It’s 100 bucks a license,” noted McDonald, adding that the town may be liable for restaurants operating without one.

Establishments that the Select Board stated have not yet applied for a common victualler license this year include Brick Pizza, Dartmouth Roast Beef, the Dartmouth St. Dunkin Donuts, Naughty Dawgs, Sweet Kiwi, and Village Cafe.

Those that have applied but not paid the fee include Piezoni’s, Java Shack, Five Guys, and two Subway shops, according to officials.

Caddy Shack has also not applied, but as McDonald noted, they have yet to open for the season, while Wild Honey cafe in Russells Mills is still looking for a new spot due to a pending transfer in ownership for the space.

Select Board Chair Frank Gracie III noted that after a previous meeting, he contacted Dartmouth’s IHOP owners to let them know about the license. 

“He thought his wife had already done it,” Gracie said. “That was just a miscommunication.”

“That’s probably what it is,” said McDonald. “But you’re looking at the license that’s on your wall...you see it every day!”

“They’ve done it every other year,” Mickelson noted. “It’s not like it’s brand new to them.”

For those on the list, warned board member David Tatelbaum, “We’re meeting in two weeks, and we intend to take action if you’re not paid up in time.” 

“And what that means is, they're going to get closed up,” Mickelson added.

MacInnes promised to check with the new building commissioner to ensure that all establishments were properly notified.