4765 Company-IHOP Restaurant v. Town of Saugus

The plaintiff operates an International House of Pancakes (“IHOP”) on Route One in the Town of Saugus, Massachusetts. The Town issued a common victualer’s license to the plaintiff pursuant to G.L.c. 140, §2 with the condition that the hours of operation for this IHOP restaurant be restricted to 6:00 a.m. to 1:00 a.m. The plaintiff restaurant insists that it is entitled to operate 24 hours per day and that the Town does not have the authorily under chapter 140 to condition its grant of a common victualer’s license by specifying the hours of operation.

Both sides agree that no disputed issues of…