BCAT News

Though members of the Select Board said they are in favor of transferring a liquor license to a new restaurant coming to the Burlington Mall they had concerns about which license it should be.

The issue is around Brazillian steakhouse Fogo De Chao’s application to have the liquor license formerly used by Besito transferred to their incoming location in the former Sears section of the mall corridor. Attorney Eugene Richard, representing the restaurant, said the transfer makes sense because while it is not the same exact location it is a transfer within the same property.

Members of the Select Board, however, argued that one of the mall-specific licenses granted to Simon Properties in 2018 should be used for the incoming restaurant. They said Besito acquired the town-wide license prior to the vote by Town Meeting three years ago to approve a petition for a Home Rule Petition that ultimately gave the mall nine additional licenses and it is appropriate for that license to be returned to the town for other projects.

“That is the last license available for town-wide use and the mall has other licenses available to them, Select Board member Bob Hogan, a member of the board’s alcohol subcommittee, said. “At some point I hope to vote to approve this but tonight I’m going to suggest we vote to continue this. This has nothing to do with you and there is a ‘yes’ vote coming down the line but not tonight and not with the Besito license.”

Attorney Mark Vaughan, representing Simon Properties, said Simon Properties has plans for all the liquor licenses available to them and at the time of the petition for extra licenses had no plans to give up any existing ones assigned to the property. He said the mall has recently used its licenses for Shake Shack, Parm, Common Craft and Gyu-Kaku with plans for more restaurants in the future.

“All those site-specific licenses are being utilized, though a bit slower than expected,” he said, pointing out that the mall renovation project was hampered by the pandemic. “I think there was a recognition that they would be important for the revitalization of the Burlington Mall.”

Select Board members pointed out that even with the new restaurants listed by Vaughan the Burlington Mall currently has nine licenses available for future projects not counting the Besito license and that license is the only all-alcohol one available to the town for other projects. They added the town is currently trying to promote new restaurants in the Town Center and having the license available would be an important part of that effort.

“The mall has nine licenses available and we have one and your client wants the one license we have,” Tigges said. “We have a duty to act in the best interest of the town and are asking Fogo to try to get one of the mall specific licenses because that is the best for the town.”

Attorney Richards argued that even if they did try to acquire a mall license they would have to go through the process with the state and come back before the board two weeks after a notice was posted in local newspapers. That timeline, he said, would be difficult to meet in time for Fogo De Chao’s mid-September planned opening.

Richards also argued that if Fogo De Chao waits to acquire a mall-specific license and they are all used by other restaurants in the meantime the restaurant could be in a difficult position.

“I’m concerned if all the mall licensees go out and Fogo does not get the Besito license then Fogo could get caught out without a chair when the music stops,” he said.

Richards said they would be open to switching to a mall-specific license in the future but would like to be granted the Besito license in the meantime to be able to open and serve alcohol to customers.

“As far as Fogo is concerned, if there is a mall license available we do not oppose turning in the Besito license for a mall license on the same day,” he said.

In the end the board voted to continue the hearing until their next meeting with the caveat that if Fogo De Chao can get approval for a mall-specific license from the state before that meeting they will hold a special meeting to hold that hearing and hopefully give the approval before the restaurant’s planned opening date.