Mello v. License Commission of Revere

We decide in this case whether a licensing commission has the power to condition the grant of a common victualler’s2 license on a limitation of the hours within which an applicant may operate. A judge in the Superior Court concluded that the limitation was beyond the authority conferred by the Legislature on the licensing commission, and granted summary judgment in favor of the plaintiff applicant. We transferred the *533case here on our motion and now vacate the grant of summary judgment.

On January 3, 2000, John A. Mello, the owner of The Blues Diner in Revere (diner), filed a complaint in the…