Select Board approves JMart wine-and-malt license after heated debate over convenience‑store sales

The Yarmouth Select Board voted May 5 to approve a wine‑and‑malt package‑store license for JMart Inc., a proposed convenience store at 282 Route 28, after a prolonged hearing and debate that exposed deep divisions among board members over liquor licensing policy in residential areas.

Attorney Paul Tardiff, representing principal Jay Ahmad and proposed manager Yan Hermina, told the board the application meets state licensing requirements and described safeguards the applicant will use to prevent sales to minors including ID scanning at point‑of‑sale and staff training. “All the employees will complete the required alcohol sales training,” Tardiff said, and noted the project represents “over $4.5 million” in private investment for the property.

The application drew sustained questioning from board members about notice to neighbors and the town’s informal policy history. Licensing staff said abutter notification followed legal minimums for direct abutters and that broader notification is required only for specified entertainment licenses; the closest church and school were outside the 500‑foot distance discussed.

Several Select Board members opposed approval on policy grounds, citing a long‑standing local practice of limiting package‑store style liquor licenses to stand‑alone liquor stores and the concentration of existing licenses on Route 28. One member said he admired the project’s investment but could not support extending beer‑and‑wine to convenience stores because of the neighborhood’s residential character and public‑health concerns.

Supporters of the application, and town counsel during the hearing, pointed to Massachusetts law allowing wine‑and‑malt licenses for food stores (Mass. Gen. Laws ch. 138, § 15) and argued the project advances economic redevelopment for a long‑vacant parcel. Town staff also noted that inspections (building, health) and certificate‑of‑occupancy conditions remain before any opening.

After discussion the board approved the license. Board members who opposed the motion asked that their factual reasons be recorded for any appeal to the state Alcoholic Beverages Control Commission.

What’s next: The town will transmit its findings to the ABCC if an appeal is filed; building and health inspections must be completed before the store may sell alcohol.