Dedham Square’s District Convenience will have to live without its alcohol license for now.
A Norfolk County Superior Judge denied the convenience store’s request for injunctive relief on Monday, writing that an appeal was still pending with the state Alcoholic Beverages Control Comission.
Justice Thomas A. Connors further wrote that the appeal was unlikely to succeed, as District Convenience owner Perry Makarios waived the right to appeal in a Jan. 31 agreement with selectmen in the event the license was revoked.
Selectmen voted to revoke the license at a hearing on June 5.
The license was awarded in June of 2010, but the store had not opened for nearly a year and then was open for only about four hours per day when Makarios had agreed with town officials to be open 70 hours per week.
Selectmen previously revoked the license in October 2012 for not being open during agreed upon hours. Makarious appealed the decision shortly thereafter, but made an agreement on Jan. 31 to be open for 20 hours per week, then gradually increase that number over time.
Makarios was also required to submit the hours that the store was open to selectmen on the first of each month. Selectmen said the March and April reports were late, and revoked the license on that basis.
Makarios’s attorney, Michael Ford of Boston, filed a complaint on Tuesday, June 18.