John Herbert was asked to return to the board with a signed agreement with a broker to sell the former Debbie Wong's Restaurant or he'll lose the license.

PITTSFIELD, Mass. — Three former restaurants remain on the market but their liquor licenses may be in jeopardy.

 

The former Debbie Wong's, Charlie's Restaurant, and Chameleons were all brought before the Licensing Board on Monday for an update on progress to sell the licenses.

 

The board is trying to get the licenseholders to sell at least their license — if not the entire restaurant — so it doesn't have to revoke it. If the license is revoked, it means there would be one less license available for local businesses to receive.

 

In the frailest position is John Herbert, the owner of 315 Dalton Ave., where Debbie Wong's use to operate. His license has been inactive for almost two years and is up for renewal in November. The board says it needs to see progress on the sale of it by then or it won't renew it.

 

"The license is now available. I put it in the hands of a Boston group who sells licenses," Herbert said.

 

However, he doesn't have a signed contract in place for the broker to sell it. He says the two sides are still working on the financial terms. The company will be asked to sell both the restaurant and the license — though the two may not necessarily be linked.

 

"We just can't go forever with these things," said board member Thomas Campoli, saying this particular case is close to qualifying as "forever." 

 

The board has been urging Herbert to sell the license since the restaurant closed in 2013 and the license was transferred to his name. Member Richard Stockwell acknowledged that there was a Superior Court case over the license, which delayed Herbert. But, he said, "we have to draw a line in the sand here."

 

"I'm not sure if there is a serious understanding to sell the license or the business," said member Diane Pero.

 

The board told Herbert to return at the board's next meeting on Nov. 30 with a signed contract with the broker in order Herbert's renewal to be approved. Herbert will have to pay the cost of the renewal but will still have the ability to sell the license to someone else.

 

"You are getting to the point where we really have to see something concrete or you are going to lose your license," Campoli said.

 

The former Chameleons on East Street also remains closed. The nightclub — also a former restaurant — has been closed for a little more than a year after the Licensing Board suspended the license in the wake of a shooting. Following the 21-day suspension, the nightclub never reopened and now is in the hands of the landlord.

 

Attorney Anthony Doyle, representing the property owner, said the license in now in the hands of the landlord, not former Chameleons operator Melissa Drumm-Sweener, and that she has been looking to lease or sell it. 

 

"We've had very minimal interest in the building," Doyle said. "We thought something would have happened by now but it hasn't happened so now we need to regroup."

 

Doyle said it appears his client, Pamela Rice,  may sell the license separately from the building. However, this license is up for renewal and remains in Sweener's name. Doyle said Rice isn't likely to open a restaurant so the board may not have the authority to approve a transfer. The board can renew and transfer licenses to restaurants.

 

The board, however, said there is enough leeway in the language and that it would rather see the license transferred from Sweener to Rice to make the transactions smoother. Doyle said Rice planned to pay for the renewal.

 

For the former Charlie's Restaurant, attorney Michael Hashim said the business is listed for sale and actively being marketed. There has been interest from a few parties, he said, but no offers have yet been made. Hashim said if the property isn't sold, his client will likely reopen the restaurant.