WOBURN - The three-member Woburn License Commission has had it with the holders of the victualers and liquor license at the Ixtapa Mexican Restaurant and Cantina (the old Cafe Amante) at the corner of Montvale Avenue and Main Street in the heart of downtown Woburn.

Chairman William Bishop issued an edict to the two owners and their attorney, Attorney Nicholas A. Felici of Burlington, to fix it up, open and get operational or face a public hearing procedure to take back the licenses.

Members Paul Wentworth and Owen McCaffrey were in accord with a decision to have the owners report back by Jan. 25, 2007 on the progress.

Bishop had firmly suggested a December 21 date, however, Felici said the permitting process through the Building Department, Board of Health and inspections by the police and fire departments would take more time.

Back in August, the License Commission cited the fact they were controlled by state liquor laws (Chapter 138) that would not allow them to condone a "pocket license" over a long period of time. And, they noted, this week, the city has just one liquor license to give out making the liquor license issue more critical these days. Papa Gino's at the Woburn Mall handed in its liquor license in recently to make one more available.

The site has also been a subject of discussion as the city attempts to implement its Downtown Revitalization Plan that has seen several major properties improved, including storefronts.

"We will pull your license," said Bishop firmly at the start. Bishop sought a Dec. 21 date but listened to attorney and owners, who convinced him and the board the time frame was too short. The board voted 3-0 to set the January 25th deadline...or else.

"It's not much time," lamented Felici.

Located at 347-349 Main St., the property is owned by the GRS Realty Trust. Attorney Joseph Tarby of Woburn on November 30 noted he represented Guy Cafaro, who also owns a block of buildings on the opposite side of Main Street to the south of Main Street.

Also attending was an Ixtapa owner David Bramblia, who had also re-assured the License Commission in August the restaurant would open. Rent, he said, was being paid regularly.

Tarby informed the License Commission that he was aware of their "concern" for the rear access at 347-349 Main St. A fire at Woburn Cleaners had left the site vacant several years ago.

Tarby wrote the commission: "Since that time, I have spoken with the owner of the property at 4 Montvale Avenue, who has agreed (subject to review and approval of the proposed documentation) to grant to my client an easement to maintain the existing access way behind the rear of the property."

The rear access had been an issue before with the License Commission, Building Department and Fire Department when Cafe Amante expanded upstairs and opened a downstairs bar/restaurant area.

According to Tarby and his correspondence, he said it had always been his position "that my client has obtained prescriptive rights over that property as a result of the long time use of the same and easements were not necessary."

However, Tarby told the License Commission that in order to avoid litigation, both parties have agreed to "certain easements which documentation is currently being reviewed."

Copies of Tarby legal documents were sent to the License Commission and to Thomas F. Collins and Carol A. Collins, trustees of Collins Nominee Trust.

Key provisions in the agreement would allow a walkway through the 4 Montvale Avenue property.