Rasputin's Tavern to remain open pending appeal of Fairhaven Select Board closing

Frank Mulligan, The Standard-Times
·3 min read

FAIRHAVEN — Rasputin's Tavern's 30-day closure ordered by the Select Board for license violations has been stayed pending an appeal before the Alcoholic Beverages Control Commission on Jan. 31, 2024.

A preliminary injunction was issued by the Bristol County Superior Court Thursday staying enforcement until Rasputin's appeal to the ABCC is adjudicated, said attorney John P. Connell, who represents Rasputin's.

The decision states, "The Court finds that the plaintiff has met its burden to establish irreparable harm if the requested relief is not granted. Further, the Court finds that a stay, pending the plaintiff's appeal to the ABCC, will not adversely affect the public."

Rasputin's Tavern's 30-day closure ordered by the Select Board for license violations has been stayed pending an appeal before the Alcoholic Beverages Control Commission on Jan. 31, 2024.
Rasputin's Tavern's 30-day closure ordered by the Select Board for license violations has been stayed pending an appeal before the Alcoholic Beverages Control Commission on Jan. 31, 2024.

According to the court, the Select Board had considered violations that spanned from September 2021 through June 2023 before issuing its decision on Dec. 4.

The court stated, "The timeline belies a public interest that the decision be enforced immediately. Further, delaying enforcement of the decision would not and should not remove the plaintiff's activities from appropriate police scrutiny."

The Select Board-ordered closing was for 10 days this month, 10 days in January and 10 days in February. This month's closing was to have taken effect Dec. 15.

Rasputin's Tavern is featured in the locally-filmed movie "Finestkind" and filming for it in the SouthCoast started at the tavern. It was released Dec. 15 on Paramount+ streaming platform.

"Until such time as the ABCC reviews this matter, and especially over the next couple of weeks, Rasputin's welcomes all fisherman and office Christmas parties alike, and especially also welcomes anyone who wants to sit at the same bar as Jennifer Ortega and Tommy Lee Jones sat at during the filing of the FinestKind to share the spirit of that great locally based movie, which is being released today," said John P. Connell, the attorney representing Rasputin's in an email.

More: Select Board ruling Fairhaven penalizes Rasputin's Tavern with 30 days of closure for violations. Read more.

The Select Board's decision, approved unanimously on Dec. 4, was based on a two-part hearing on Oct. 23 and Nov. 6, during which the board heard from Police Chief Michael Meyers on the issues officers say they've encountered at Rasputin's. Meyers presented summaries of police responses to Rasputin's from the past three years going back to 2020.

In the end, the alleged incidents that prompted violations, in the amount of six days of closure each, were:

  • Dec. 18, 2021 — Persons in possession of alcoholic beverages after hours.

  • Jan 22, 2023 — Persons in possession of alcoholic beverages after hours.

  • June 11, 2023 — Persons in possession of alcoholic beverages after hours.

  • May 7, 2023 — Persons in possession of alcoholic beverages after hours, "AND other violations of Board rules/regulations, ABCC or state law to wit disturbing the peace and sales to intoxicated persons."

  • Sept. 6-7, 2023 — Sale to an underaged person "AND other violations of Board rules/regulations, ABCC or state law to wit disturbing the peace and sales to intoxicated persons."

This article originally appeared on Standard-Times: Rasputin's Tavern in Fairhaven to remain open pending appeal to ABCC