Onset Beach Patio and Grille will still be allowed to serve alcohol pending an appeal filed with the Massachusetts Alcohol Beverage Control Commission regarding a two-month liquor license suspension imposed by the Select Board.

The two-month suspension, which would have started on Wednesday, Sept. 18, came after Onset Beach Patio and Grille owner Frank Evangelista planned events to run later in the evening than allowed by the venue’s liquor and entertainment licenses. The licenses allow events until 10 p.m., and the business advertised late-night dancing until 1 a.m.

Evangelista previously explained that he had filed the change of hours documentation with the state Alcoholic Beverages Control Commission. Once he got the Commission’s OK, he filed papers with the town.  

“We thought it was just a formality at that point,” said Evangelista. Instead, the town informed him the process would require a public hearing and would take several weeks. 

According to Town Counsel Richard Bowen, postponing the suspension until the end of the appeal process is the “proper and just” thing for the Select Board to do. The appeal process can take up to 14 days.

The Select Board voted to postpone the suspension at its Tuesday, Sept. 17 meeting. 

“It’s considered good practice that when someone takes an appeal of a suspension that you stay the suspension pending the result of the appeal,” said Bowen. “That way the appeal isn’t rendered futile, that way the Board is not exposed to any claim that it’s forcing a place out of business before it gets its day in court.”

According to Select Board Chair Judith Whiteside, the town learned of Evangelista’s appeal on Monday, Sept. 16. It is unknown if that is when Evangelista formally filed the appeal.

Bowen said that the penalty, if upheld, can be “always be reimposed for a future date so you lose nothing and justice is preserved.”