To demonstrate just how egregious it was that the Tisbury select board denied a common victualer’s license to Vineyard Grocer, we first have to provide a little history of the process.

A common victualer’s license allows a business to sell prepared foods. Typically, by the time the application gets to the select board, its review amounts to a rubber stamp.

Once the license gets to the public hearing process, the business owner has had the town’s inspectors in to make sure everything is in compliance. In this case, when Elio Silva, Vineyard Grocer’s owner, went before the board on May 18 for a license, board members were told by then-Fire Chief John Schilling to hit the pause button, because the fire suppression system — a requirement for the prepared food operation — was not yet operational.

Even with that information, board members considered providing Silva a conditional permit.

Schilling told them that would be a bad idea.

Remarkably, at that time, no one told Silva to stop making food at Vineyard Grocer until the system was working and his license was approved. He had been doing that without the proper license.

The license made several appearances on the board’s agenda between May 18 and August 11. At the board’s meeting July 28, town administrator Jay Grande provided a brief update, telling the board the fire system was operational, had been inspected, and was given the green light. The board couldn’t take action at that meeting because the continuation of the public hearing was not on the agenda.

During their meeting on August 11, select board member Jeff Kristal made a motion to approve the common victualer’s license, and select board member Larry Gomez seconded it “with reservations.” When chairman Jim Rogers called for the vote, Kristal surprised everyone on the Zoom call by voting in opposition to his motion.

“There was a fire right behind that building,” he said. “We have a hard time getting these people to the table to talk about anything. Business owners should be readily available to talk about anything … These owners need to be present.” 

That’s some revisionist history. Silva had been on previous Zoom calls when the license was on the agenda. It’s true he wasn’t there that night, and acknowledged he should have been there, but exactly what questions did Kristal, Gomez, and Rogers have that night? Or did they just want the opportunity to publicly scold Silva?

The denial of the common victualer’s license flies in the face of how they’ve treated other business owners. When Brook Katzen had technical difficulties during the hearing for his food truck, the board waited for him to get a better connection. And when Adam Epstein was missing when they called his name during a Zoom meeting on an ill-fated outdoor dining idea, they patiently moved ahead with their agenda, and then went back to him when he was available.

Business is hard enough on the Island right now. During the August 11 meeting, board members told their shellfish constable and harbormaster how important it was to them that they help Noah Mayrand and Jeff Canha get their aquaculture licenses across the finish line. “You’re jeopardizing profitable business,” Gomez said to shellfish constable Danielle Ewart. “We have to move faster, and let these businesses operate.”

During other meetings, they’ve approved food truck regulations that they say are meant to protect existing restaurants.

And yet, when an existing business was before them, a business that stays open year-round when it would be more profitable for them to close, and a business that remained open during the pandemic and provided curbside pickup and delivery, they sought to make an example of the business owner.

As Gomez put it, they wanted to “prove a point.”

Rogers said Silva and Vineyard Grocer could appeal.

No one can even say what the appeal process is, because the town has never denied a common victualer’s license, according to Grande.

At least the lawyers will be happy. No doubt Grande is using some of the town’s retainer with KP Law to figure out how to move forward, and Silva said he’d have no choice but to put the board’s decision in the hands of an attorney to fight.

Vineyard Grocer’s license should be on the next agenda, and the select board should overturn its frivolous decision.

Yes, Silva should have been there and wasn’t. The board could have ranted and raved about that, and still approved the common victualer’s license — or even delayed action once more until they could get Silva to the table.

Instead, they appear vindictive and petty.