Morning mimosa?

New 'brunch law' lets communities rule on serving alcohol before noon.

Like any other entrepreneur, Jeff Gates does not want to turn away business in a struggling economy.

So when customers in his six restaurants, including Aquitaine in Dedham's Legacy Place, complained about not being able to sip cocktails with their omelettes before noon on Sundays, he stepped up to help a lobbying effort to change things.

"We ran into that all the time,'' said Gates, a partner in The Aquitaine Group. "The last thing any of us want to do is to make people unhappy. They are the customers.''

Gates was an early supporter of a recently enacted state law called the Restaurant Rejuvenation Act that, if adopted by a community, allows alcohol to be served by local licensed establishments starting at 10 a.m. instead of noon.

Also known as the "brunch provision,'' the law was the result of strong lobbying by foodies including the Phantom Gourmet's Dave Andelman and business owners such as Gates and his partners. Their argument was that allowing early pouring would help offset the moribund economy, boost the restaurant busi ness, and, in their words, make Massachusetts "the brunch capital of the world'' one Bloody Mary or mimosa at a time.

Lawmakers apparently agreed, and the statute, part of the $27.6 billion budget signed by Governor Deval Patrick on June 30, took effect immediately. It does not apply to package stores, which may not sell alcohol until noon.

To adopt the so-called brunch provision, a municipality must "opt in'' through an official process. Once that has happened, a local establishment that wants early pours must apply for a change in hours. It must already have a liquor license.

Some communities like Dedham, where there's no dearth of food and drink establishments, are putting the choice of opting in before town voters, while others like Wareham say there is no compelling reason to change the way things are now done.

Thus far, there's no way to tell which way most communities will go on the issue, said Ralph Sacramone, executive director and spokesman for the Massachusetts Alcoholic Beverages Control Commission.

"We don't track it,'' he said. "All we do is put through the change of hours. It is at the total discretion of the town.''

Dedham officials have placed the question of whether to adopt the statute on the warrant for a Special Town Meeting on Nov. 15, said Town Administrator William Keegan.

"As far as interest goes, we do know that some of the restaurants at Legacy Place have expressed preliminary interest, but I am sure that there are others throughout town,'' Keegan said.

Middleborough voters will address the question at a spring Town Meeting, Town Manager Charles Cristello said.

In Foxborough, selectmen first rejected the notion of early pouring, after being asked by the owners of Skipjacks, a popular seafood restaurant at Patriot Place that offers Sunday brunch from 10 a.m. to 2 p.m.

In a lengthy discussion over the issue, some selectmen said allowing drinking earlier on Sundays is too risky, considering the town's police force already has its work cut out for it reining in unruly drinkers during Patriots games, when tens of thousands of fans descend on the town for home games.

Skipjacks eventually withdrew its request, officials said. And a similar request was denied to CBS Scene, also located at Patriot Place.

But selectmen have since compromised to allow alcohol to start flowing earlier on Sundays.

"We didn't feel there was a need to start drinking at 10 a.m.,'' said Foxborough Board of Selectmen chairwoman Lynda Walsh. "But then we changed our minds and decided we will allow folks to start at 11 a.m., if there's food.''

The town has already allowed a number of restaurants near Gillette Stadium to begin pouring at 11 a.m. on Sundays. But selectmen just couldn't justify 10 a.m., Walsh said. "Then, where do you stop? I think you can wait that other hour if you want a Bloody Mary with your eggs and toast.''

In Walpole, Town Administrator Michael Boynton said the selectmen's discussion on pre-noon alcohol sales on Sunday was brief. "The board is not taking up that issue at this time, and will wait to see the level of interest from license holders before entertaining it further,'' Boynton said in an e-mail.

Easton selectmen have announced that any restaurant that wants to apply for an early pour on Sundays can do so, and the issue would be discussed at that time, said Town Manager David Colton.

"Until we are told otherwise, the Board of Selectmen is the town's licensing authority, and we see no need to bring this to Town Meeting,'' Colton said.

The town has had no inquiries about early pours as of last week, he said.

In Wareham, selectmen decided they would not consider early pours, said Town Administrator Mark Andrews. The town did add eight permanent alcoholic beverage licenses in July, to replace prior licenses that were seasonal, from April through November.

Aquitaine's Gates said he will be waiting to see how cities and towns that host his businesses, including Boston and Brookline, act on the early pour law. What's important, he said, is that the decision stays local.

If a person really wants to drink on a Sunday morning, they can do so any time they want at home, he said. "But we're talking about one Bloody Mary, or one mimosa, which is what most people want. When alcohol is dosed by a professional, it's safer.''

(Published by The Boston Globe - November 11, 2010)