A representative for a recreational cannabis store proposed for Newbury Street was before the Neighborhood Association of the Back Bay (NABB) Licensing and Building Use Committee at its virtual June 1 monthly meeting to discuss removing some pre-existing restrictions on the incoming business.
Ember Gardens, proposed for 297 Newbury St., was granted its license, with some restrictions, in 2021 and then given exemption from the city’s one-half mile buffer zone per the Zoning Board of Appeal (ZBA) in 2024.
“The operator was denied the ability to open,” said Attorney Mike Ross, “and now five years later, they find themselves in a completely different place than where anyone else is in the industry.”
The proposed establishment, said Ross, now wants to change the previously agreed-upon closing time from 8 to 11 p.m., while also removing its only customers by appointment restriction, along with further restrictions that limit sales to Back Bay residents only 7-8 p.m., and remove the minimum purchase price of $35 per customer, respectively.
Ross said the business operator had agreed to these stipulations in 2021, but the landscape for the city’s cannabis shops has changed dramatically since then, with many now struggling to stay solvent. He noted that an 8 p.m. closing time for a cannabis shop is now “unheard of” in the City of Boston, as well as “unfair” and even “arguably illegal.”
Moreover, Ross added he isn’t aware of any other cannabis shop in Boston that has a $35 minimum for purchases.
In accordance with NABB’s standing request, Ember Gardens would pledge not to sell individual ‘pre-rolls,’ said Ross.
“It’s clear some restrictions were put on early, when the industry was starting,” said Conrad Armstrong, committee chair, who added he anticipates the committee wouldn’t object to removing the by-appointment-only stipulation; the minimum for purchases; and the stipulation limiting sales to only Back Bay residents during certain times.
The proposed 11 p.m. closing time, however, still seemed to be a sticking point, with Armstrong suggesting that the business perhaps try an earlier closing time and then return to the committee again in six months to reconsider the request, just as Rooted In, a recreational cannabis shop located less than a block away at 331 Newbury St., had previously done.
Construction on Ember Gardens should be completed this month, said Ross, and the shop is expected to open this December.
Ember Gardens, which currently operates a recreational cannabis shop in Orleans on Cape Cod, is part of the Massachusetts Social Equity Program – ‘an initiative created by the Cannabis Control Commission to assist businesses owned by legacy operators, minorities, veterans, the LGBTQ+ community and those who were disproportionately impacted by the War on Drugs,’ noted Ross.
In another matter, the committee heard about plans to sell the longstanding Bauer Wine & Spirits at 255 Newbury St. to a new owner.
George Metri, who owns Portside Liquors, which has several locations around Cape Cod, intends to buy Bauer Wine from soon-to-retire longtime owner, Howie Rubin.
Metri, who was on hand for the meeting, said he plans to keep Bauer’s current hours the same, while further expanding the store’s selection.
Per NABB’s standing request for liquor stores in the neighborhood, Matri agreed to not sell single-serving ‘nips’ of alcohol, as well as not to sell single large containers of what Armstrong described as “nationally advertised” brands of beer (e.g. a 40-ounce can of Bud Light).
Metri said he expects the state’s Alcoholic Beverage Control Commission (ABCC) will approve the business transfer for Bauer Wines within the next 60 to 90 days.
Armstrong told Metri he would likely inform him of NABB’s position on his application with the city (i.e. to oppose or not oppose it) by the end of the following week.
Bauer Wine was originally at 330 Newbury St., before relocating about a year ago to its smaller, current storefront space at 255 Newbury St.