HomeMy WebLinkAboutADOPTED ALCOHOLIC BEVERAGES REGULATIONS-BOS 11-19-2007 TOWN OF NORTH ANDOVER
ALCOHOLIC BEVERAGES REGULATIONS
TABLE OF CONTENTS
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Section A. GENERAL—APPLIES TO ALL LICENSES..........................................................1
1. Legislative Authority..........................................................................................................1
2. Filing of Applications..........................................................................................................1
3. Reapplications.....................................................................................................................1
4. Compliance With All Laws and Regulations.....................................................................1
5. Corporate and Trade Names..............................................................................................1
6. Cessation of Operations......................................................................................................1
7. Bankruptcy and Court Proceedings...................................................................................2
8. Corporate Transactions......................................................................................................2
9. Foreclosure on Loans..........................................................................................................2
10. Manager and Alternate Managers.....................................................................................2
11. Manager's Responsibilities.................................................................................................2
12. Employee Consumption Prohibited...................................................................................2
13. Service Prohibited To Certain Individuals........................................................................2
14. Identification Cards............................................................................................................2
15. Discrimination Prohibited..................................................................................................3
16. Employee List To Be Maintained.......................................................................................3
17. Employee Training.............................................................................................................3
18. Suspension. Revocation. or Modification of Licenses........................................................3
19. Display of Licenses and Permits.........................................................................................3
20. Hours of Operation.............................................................................................................3
21. Employees On Premises After Closing Hours ...........................................................44443
22. Access To Premises By Police and Agents..........................................................................4
23. Inspection of Premises........................................................................................................4
24. Premises' Description.........................................................................................................4
25. Prohibited Activities...........................................................................................................4
26. Posting of Suspension Notice..............................................................................................4
27. Refuse Removal..................................................................................................................4
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28. One-Day Liquor Licenses...................................................................................................5
29. Sunday Package Store Openings........................................................................................5
30. Application Process; Fees...................................................................................................5
31. Scheduling of Public Hearings ...........................................................................................7
32. Violations....................................................................................................................88887
Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES......8
1. Food Service Required .......................................................................................................8
2. Clear View of Premises' Interior........................................................................................8
3. Interior Lighting.........................................................................................................99998
4. Hours of Operation.....................................................................................................99998
5. Hours of Sales Restricted....................................................................................................9
6. Service Limited To Approved Areas..................................................................................9
7. Service Limited To Food Service Areas.............................................................................9
8. Consumption On Premises.................................................................................................9
9. Serving-Serving Containers................................................................................................9
10. Charge For Alcoholic Beverages.........................................................................1014)1-0-14)9
11. Service of Alcoholic Beverages Limited..............................................................1014)1-0-14)9
12. Changes To Premises Or Operation ................................................................................10
13. Permits For Changes To Premises...................................................................................10
14. Entertainment...................................................................................................................10
15. Annual Financial Report..................................................................................................10
Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES..................................10
1. Hours of Sales...................................................................................................................10
2. Consumption On Premises Prohibited.............................................................................10
p ................................................................................................... .1.-i )
3. Premises Description 9 µ
4. Convenience Stores............................................................................................99
5. Posting of Prices.................................................................................................
6. Deliveries Off Premises.....................................................................................................11
Section D. APPLIES TO CLUB LICENSES......................................................................11
1. List of Officers and Members...........................................................................................11
2. Guest Register Book.........................................................................................................11
3. Only Members and Guests To Be Served........................................................................11
4. Hours of Sales...................................................................................................................11
6. Clear View of Premises' Interior.......................................................................121-21-2-1-2-1-1-
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7. Interior Lighting...............................................................................................................12
8. Consumption on Premises................................................................................................12
9. Serving Containers...........................................................................................................12
10. Service of Alcoholic Beverages Limited...........................................................................12
11. Changes To Premises........................................................................................................12
12. Permits For Changes To Premises...................................................................................12
13. Annual Financial Report...................................................................................13 1,34,34,34-2
Section E. APPLIES TO DRUGGIST LICENSES............................................ 1.113131312
1. Not For Beverages Purposes.............................................................................................13
2. Recording Sales.................................................................................................................13
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Section A. GENERAL—APPLIES TO ALL LICENSES
1. Legislative Authority
These regulations are adopted, and may be amended from time to time, by the North Andover
Board of Selectmen, pursuant to the provisions of Massachusetts General Laws, Chapter 138 and
140. Any and all alcoholic beverages and common victualler licenses issued by the Board shall
be governed by these regulations, MGL Chapters 138 and 140, and the rules and regulations of
the Alcoholic Beverages Control Commission, as the same may be amended from time to time.
2. Filing of Applications
All license applications must be "complete" to be processed by the Board of Selectmen
(hereinafter the "Board"). An application shall be considered "complete", and therefore accepted
for processing, when it has been filed in accord with the Town's procedural instructions and all
forms required have been fully completed and executed. Filing fees must be paid at the time of
filing of the application. All license fees shall be payable immediately upon approval of the
license by the Board and before the license is issued. All filing fees and license fees shall be paid
by eashief's check. Filing fees are non-returnable once an application has been accepted by the
Board. License fees shall not be prorated and are not refundable.
A record of all liquor licenses issued by the Licensing Commissioners, both as to premises and
owner, shall be maintained in the office of the Town Clerk. Said file shall contain all
applications, correspondence, decisions regarding the licensed premises, and other written
information. The file of each owner and premises shall be reviewed annually at the time of
license renewal.
3. Reapplications
Once denied, applications may not be resubmitted for twelve (12) months unless a Board
member, who previously voted against the license application, moves to allow the resubmission
and such motion prevails.
4. Compliance With All Laws and Regulations
Licensees shall maintain their premises and operations in compliance with all applicable state
and local building and sanitary codes, laws and regulations. All taxes and charges owed the
Town must be paid on a current basis. Failure to comply with any of these laws and regulations
shall be sufficient cause for revocation, suspension, or modification of license.
5. Corporate and Trade Names
No licensee shall assume obligations for a licensed premises under any corporate or trade name
other than that under which he/she is licensed. Any change in corporate name or status or any
change in trade name (DBA) shall require the prior approval of the Board.
6. Cessation of Operations
Any licensee intending to close a place of business, whether on a temporary or permanent basis,
must notify the Board in writing before such closing stating the reason and length of such
closing. Failure to provide such notice may result in the revocation of the license.
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7. Bankruptcy and Court Proceedings
The licensee shall immediately notify the Board, in writing, of any proceedings brought by or
against the licensee under the bankruptcy laws or of any other court proceedings which may
affect the status of the license.
8. Corporate Transactions
The licensee shall not change managers, change corporate officers, sell or transfer corporate
stock, pledge corporate stock or liquor license as security, or accept a loan or credit from another
licensee, without first obtaining the approval of the Board. No person may have a direct or
indirect beneficial interest in a license without first obtaining the approval of the Board.
9. Foreclosure on Loans
Assignment of stock in incorporated licensed places for the purpose of safeguarding the assignee
on loans, etc., gives no right to such assignee to conduct the business of the licensee; therefore,
licensees must notify the Board immediately when the assignee forecloses under such
assignment of stock.
10. Manager and Alternate Managers
No corporation shall be approved for a license unless the corporation, by vote of its Board of
Directors, has appointed a Manager who is a United States citizen and who has been vested with
full authority and control of the premises and the business to be licensed. A corporation may
appoint up to two Alternate Managers to be in charge in the absence of the Manager, however,
the Manager must be on the premises at least fifty (50) percent of the time the premises are open.
At no time shall the premises be open without a duly appointed and approved Manager or
Alternate Manager in charge. The Manager shall have total responsibility for the proper
operation of the licensed premises, whether present or not. No appointment of a Manager or
Alternate Manager shall be effective unless and until approved by the Board.
11. Manager's Responsibilities
The Manager shall at all times maintain order and decorum in the premises and in the
immediately surrounding area of the premises and shall cooperate in all ways with Town
Officials in ensuring safe and orderly facilities. There shall be no disorder, indecency,
prostitution, lewdness or illegal gambling on the licensed premises.
12. Employee Consumption Prohibited
No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on
duty nor after the official closing hour.
13. Service Prohibited To Certain Individuals
No alcoholic beverages shall be sold to anyone under twenty-one (21) years of age.
14. Identification Cards
Only an original motor vehicle driver's license with photograph, a Massachusetts Liquor
Purchase Identification Card a valid passport issued by the United States government, or by the
government, recognized by the United States government, of a foreign country, or a valid United
States issued active duty Military Identification Car, shall be accepted as proof of age.
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15. Discrimination Prohibited
No licensee shall make any distinction, discrimination or restriction on account of race, color,
creed, sex, sexual orientation, or ancestry relative to the admission or treatment of any person.
16. Employee List To Be Maintained
An up-to-date list of all employees shall be available on the premises at all times for review by
authorized agents of the Board.
17. Employee Training
A. Any licensee holding an All Alcohol, including seasonal, or Beer and Wine license shall
participate in a program designed to train employees, who engage in either package sales or
pouring, in methods of observation and detection to avoid selling or serving to intoxicated
persons and/or minors that is appropriate to the type of license issued.
B. No program shall be deemed to meet the requirements of this policy unless it is
recognized by the Liquor Joint Underwriters Association or approved by the Licensing
Commissioners.
C. All licensee personnel shall be required to participate in a training program based upon
the type of license issued, as determined by the Licensing Commissioners. New employees of
any licensee will have 45 days from the date of employment to become certified. All new
licensees shall either provide proof of certified training prior to the issuance of the alcoholic
license or within 90 days of issuance of the alcoholic license. All employees are required to be
recertified every three years through an approved program.
D. A written description of such program, along with a written policy outlining the
employees' responsibilities and the disciplinary measures which will be taken against any
employee for violating said policy, shall be filed with the Board and be maintained on the
premises at all times. A signed certification of each employee, indicating that the employee has
received the described training and has reviewed and understands the written policy describing
his or her responsibilities and the disciplinary action which will be taken for violations, shall be
maintained on the premises at all times. Copies of all such documents and certifications shall be
available to the licensing authority, or any authorized agent thereof, upon demand.
18. Suspension. Revocation. or Modification of Licenses
All licenses are subject to suspension, revocation or modification for breach of any conditions,
regulations or laws of the Town of North Andover or the Commonwealth of Massachusetts. The
Board of Selectmen reserves the right to change or add to any license conditions or any
regulations after notice to the licensee and a hearing thereon.
19. Display of Licenses and Permits
All licenses and permits issued by the Town shall be displayed on the premises in a conspicuous
place where the public has access and may read.
20. Hours of Operation
The hours of operation shall be restricted to those set by the Board. No patrons shall be on the
premises before the official opening hours nor after the official closing hours.
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21. Employees On Premises After Closing Hours
Owners and employees must be off the premises no later than sixty (60) minutes after the
"Official Closing Hour", provided however, that such owners and employees may be on the
premises at any time for the purpose of cleaning, making emergency repairs, providing security
for such premises, or preparing food for the next day's business or opening or closing the
business in an orderly manner. If it is necessary to have workmen other than employees on the
premises after hours, or if it is necessary for the owners or employees to be on the premises
beyond sixty minutes after closing hour, the Manager or Alternate Manager must contact the
North Andover Police Department and state the reason and names of the people on the premises
as well as the hours they will be on the premises. Failure to provide such notice shall be cause for
action against the license.
22. Access To Premises By Police and Agents
It shall be the responsibility of the licensee to ensure that procedures are in place, be it by posting
a doorman or otherwise, to allow Police and authorized agents of the Board, immediate entrance
into the premises at any time employees are on the premises. Any delay in providing such access
shall be cause for action against the license.
23. Inspection of Premises
The licensed premises shall be subject to inspection by the Police, the Board and duly authorized
agents of the Board. Any hindrance or delay of such inspection caused by an employee of the
licensee shall be cause for action against the license.
24. Premises' Description
No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not
specified on the license, such as a patio or sidewalk. No physical changes to the premises shall
be made without the prior approval of the Board and approved by the ABCC.
25. Prohibited Activities
No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic
or non-alcoholic beverage for them or any other person. There shall be no disorder, indecency,
prostitution, lewdness, drug offenses, illegal gambling, or other illegalities permitted in the
licensed premises or any premises connected therewith by an interim corridor, hallway, or other
access or egress.
26. Posting of Suspension Notice
Whenever the Board suspends the license or licenses of any licensee, the Board shall provide the
licensee with a sign containing the words "Closed by order of Licensing Board for the Town of
North Andover," which sign shall be attached on the inside but visible from the outside of the
licensed premises in a conspicuous place during the entire period of such suspension.
27. Refuse Removal
No licensee shall allow refuse generated at the premises to be collected by any contractor
between the hours of 11:00 P.M. and 7:00 A.M. On Sundays and legal holidays no such
collection shall be allowed pfiefteprior neither to 10:00 A.M. nor after 10:00 P.M. Refuse shall
be removed a minimum of twice each week, and more often if necessary, to prevent any nuisance
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conditions. All refuse shall be stored in a dumpster or in such other manner as approved by the
North Andover Health Department, and shall be maintained in accordance with the regulations
and conditions of the North Andover Health Department.
28. One-Day Liquor Licenses
1. All activities at which liquor is dispensed and which are held at locations not possessing a
liquor license, will require a police officer in attendance except weddings and church functions
during the daytime.
2. All activities at which liquor is dispensed and have a one-day gambling license and/or
raffle and bazaar permit (Las Vegas Night, etc.) will require a police officer in attendance.
29. Sunday and Holiday Package Store Openings
1. Sunday and Holiday Package Store Openings shall be allowed, subject to the following
conditions:
2. Conditions.
a. No sales of liquor shall take place prior to 12:00 noon.
b. Stores may not open on Memorial Day, Thanksgiving Day or on Christmas Day.
C. Stores must close not later than 11:00 p.m. (11:30 p.m. if the following day is a
Monday Holiday). The local authority may require an earlier closing.
d. Establishments which employ more than 7 persons shall pay all employees at a
rate of not less than one and one half times the employee's regular rate.
e. No employee shall be required to work on a Sunday, and refusal to work on a
Sunday shall not be grounds for discrimination, dismissal, discharge, deduction of
hours, or any other penalty.
30. Application Process; Fees
1. Applicant must file a completed application with the Licensing Commissioners at
the Selectmen's Office (Town Clerk's Office), 120 Main Street, Town Hall,.-North Andover. The
application shall consist of the following:
a. Five (5) page application form.
b. Form 983 or 983A- if transfer of license
C. $200.00 ea�'s check or money order made payable to Alcoholic Beverage
Control Commission (Filing Fee), and $100 filing fee made payable to the Town
of North Andover.
d. Articles of Organization (if a Corporation) as filed with the Massachusetts Office
of the Secretary of the Commonwealth (must contain the seal of the Secretary of
the Commonwealth).
e. If the applicant is a partnership, a copy of the partnership must be included.
f. If a corporation, vote of the Board of Directors of the Corporation appointing a
Manager. All Managers must be United States Citizens and must be at least 21
years of age.
g. ABCC Form A. If a corporation, the manager must complete the form. If a
partnership, each partner must complete the form. If an individual, the individual
must complete the form.
h. Plan Requirements: Eight (8) copies of a floor plan, drawn to scale showing
proposed kitchen equipment, tables, seating, and location of storage for alcohol, if
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applicable. Eight (8) copies of site plan with layout of parking. Package stores
must show the general layout of the store and location of cash registers.
i. License Fee (rid—Csheck or money order payable to the Town of North
Andover except that one day license fees may be paid by cash or personal check):
$3,000- Restaurant - All Alcoholic Beverages
$2,000 -Restaurant- Wine & Malt
$2,200 - Innholder - All Alcoholic Beverages
$2,000 - Club - All Alcoholic Beverages
$2,000 -Package Stores - All Alcoholic Beverages
$1,500 -Package Stores - Wine & Malt
$100 — One Day All Alcoholic
$75 — One Day Wine and Malt
j. Renewal applications shall include a Certificate of Occupancy from the building
inspector for all license holders and a Certificate of Inspection from the Fire Chief
for all on-premises license holders with entertainment licenses.
k. Applications for a new license shall include a report of Technical Review
Committee including a list of all required approvals
1. License renewals are subject to review by the Board annually in the month of
November.
2. A public hearing shall be scheduled before the North Andover Licensing Commissioners
and must be advertised in the local newspaper. Within ten (10) days of the receipt of the
application, the Board will place a notice in the local newspaper, The North Andover Citizen or
the Eagle Tribune. The bill for this ad is the responsibility of the applicant. The Citizen is a
weekly newspaper, which is published on Friday. The Eagle Tribune is a daily paper. The bill for
this ad must be paid to the Citizen or the Eagle Tribune prior to advertising the legal notice. It is
also the applicant's responsibility to mail a certified copy to all abutters within three (3) days of
the ad appearing. An abutters list may be obtained through the Assessor's Office. An attested
copy of the ad and certified receipts shall be filed with the Licensing Commissioners. The public
hearing shall be held not sooner than ten (10) days after publication according to Massachusetts
General Laws, Chapter 138, Section 15A.
a. For purposes of liquor license applications, an abutter is a person whose property
directly touches the proposed premises - not someone across the street.
b. Churches, synagogues, hospitals and public or private elementary or secondary
Schools located within 500 feet of the premises of a liquor serving establishment
must be notified by registered or certified mail.
3. The applicant shall contact the Board of Health, Building Inspector, Fire Chief, Police
Chief and the Commission on Disability Issues for their respective departments' requirements.
A recommendation from these departments is required for issuance of a license. The Applicant
shall also meet with the Technical Review Committee (TRC) prior to submission of an
application and shall include the report of the TRC with the application.
4. The applicant must be present or have representation present at the public hearing.
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5. If approved, the application shall be forwarded to the Alcoholic Beverages Control
Commission for approval prior to the issuance of the license.
6. Approval of an application by the Local Board is only the first step in the approval
process. The second step is approval by the Commonwealth of Massachusetts ABCC. If the
ABCC approves, the final step is issuance of the license by the Local Board.
Until and unless a license is issued the new owner may not take part in the operation of
the premises and the old owner, if any, is still liable for the operation of the premises.
After the initial local approval the application goes to the ABCC. The ABCC sends it to
the Department of Revenue (DOR). If DOR determines one or more parties owe taxes they will
notify the ABCC and the seller. The ABCC will also notify the buyer. The ABCC will not
approve the license until DOR signs off It is up to the parties, not the ABCC, to resolve tax
questions.
The ABCC will also have an investigator visit or telephone the applicant to ask certain
information about the people involved and the financing. It is important that the parties respond
promptly to investigators' inquiries.
Therefore, applicants should know that there is a possibility that a license may not be
issued. Operation without a license can be considered evidence of that applicant's unfitness for a
license. It can also lead to revocation of the existing license and possible civil and criminal
liability for both buyer and seller.
If at any hearing a licensee is charged with serving or selling alcoholic beverages to a
person under twenty-one years of age, written notice of said allegation shall be sent to the
parents or guardians of such person pursuant to MGL, Chapter 138, Section 64.
31. Scheduling of Public Hearings
The Police Chief shall notify in writing the Town Manager of possible violations of these
regulations or applicable state laws including, but not limited to:
a. Operating Under the Influence of Liquor Arrests when an investigation indicates
that the alcohol was consumed at a licensed establishment.
b. Minors being served or sold alcoholic beverages.
C. Disturbances or disorderly conduct reports on the licensed premises or adjacent
properties and/or parking lots.
d. Protective custody incidents taking place in or adjacent the premises. The
investigation of these types of incidents shall address situations where the
licensed establishment management acted properly by stopping a potentially
hazardous driver from leaving the property.
e. Non-adherence to the requirements of Section 17 of these regulations; "Employee
Training."
Upon receipt of a report of possible violation from the Police Chief, the Town Manager shall
convene a meeting of the Chair of the Licensing Board, the Chair of the Board of Selectmen and
the Town Manager at which time a determination will be made to schedule a public hearing on
the alleged violation. The Licensing Commission shall not await the outcome of any separate
court proceedings to schedule a hearing. Hearings shall be held in accordance with the provisions
of applicable law.
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32. Violations
Penalties for violations of these regulations shall be imposed in accordance with the following
guidelines, to be imposed after notice to the Licensee and hearing before the Board.
First Offense: Written warning or 1 to 5 day suspension, at the discretion of the
Board.
Second Offense: (Within 60 months of first offense) 5 to 15 day suspension;
revocation or modifications may also be imposed.
Third & Subsequent
Offenses: (Within 60 months of second offense) 15 to 30 day suspension;
revocation or modifications may also be imposed.
The Licensee shall serve suspensions on consecutive business days beginning on the third
Thursday following the imposition of penalties by the Board -.or such dates to be determined by
the Bboard.
The following criteria may be considered by the Board in determining the penalty to be imposed:
a. number of prior offenses, including ABCC adjudicated violations
b. degree of inspection, etc. exhibited by Licensee
C. severity and type of offense
d. efforts to identify purchaser, if any, provided that acceptance of a non-permissible
form of identification shall not be a mitigating factor
e. appearance of purchaser in cases of illegal sales
f. quality of evidence
g. general reputation of Licensee
h. the percentage of total revenue the licensee receives from the sale of alcoholic
beverages
Section B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES
1. Food Service Required
Licenses under M.G.L. Chapter 138, Section 12, otherwise known as restaurant liquor licenses,
may be issued only to duly licensed common victuallers and innholders who have adequate and
sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving
suitable food for strangers, travelers and other patrons, as required by Chapter 140 and for the
hours of sale specified in Section B. 5. below. The regulations in this Section shall also apply to
clubs, to the extent that they may be applicable.
2. Clear View of Premises' Interior
No advertising matter, screen, curtain, or other obstruction which, in the opinion of the Board,
prevents a clear view of the interior of the premises shall be maintained in or on any window or
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door thereof after the Board has ordered the removal of such obstruction. No booths, stalls or
enclosures of any description are permitted which prevent the persons therein from being plainly
observed by other persons on the premises.
3. Interior Lighting
The interior of the premises shall be well lighted at all times with such lighting not to be less
than one (1) foot candle (measured 30 inches from the floor) except those portions of the room
under furniture.
4. Hours of Operation
The hours during which such licensees may sell alcoholic beverages shall be those set forth in
the license, and if not set forth in the license, the hours shall be those generally fixed by vote of
the Board, subject to the General Laws of the Commonwealth. Last call shall be at least one-half
hour prior to the licensee's closing hour and all patrons must be off the premises by the closing
hour. All tables and bars must be cleared of all glasses, bottles, and containers of alcoholic
beverages within one-half hour after the closing hour. No alcoholic beverages shall be sold or
served prior to 8:00 A.M. on Monday through Saturday and 12:00 P.M. on Sundays.
5. Hours of Sales Restricted
The hours for the sale and service of alcoholic beverages shall be further restricted to the hours
during which food service is available. No alcoholic beverages shall be sold unless food service
is available, except during the last hour before the official closing time.
6. Service Limited To Approved Areas
The service and consumption of alcoholic beverages shall be limited to those areas of the
premises approved by the Board. No alcoholic beverages shall be served or consumed in any
areas of the premises which have been excluded from the approved description of the premises.
7. Service Limited To Food Service Areas
Food service shall be available in all areas and seats where alcoholic beverages are served except
in an approved waiting area. In such areas alcoholic beverages may be served to individuals who
have given their name to the maitre d' and are waiting to be seated for dining. The Manager shall
take appropriate measures to ensure that no one is served in the waiting area whose intention it is
not to dine. No more than two standard sized drinks shall be served to any person in a waiting
area without the service of food.
8. Consumption On Premises
All alcoholic beverages shall be served in open containers and no such beverages shall be
allowed to be removed from the premises except as may be permitted by M.G.L. Chapter 138,
§12 or other applicable law. No patron shall be allowed to bring alcoholic beverages on the
premises for the purpose of consumption on the premises.
9.
No aleo.hol— with the exeeption of wine, shall be sefved — any eentatfleff
is in
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10. Charge For Alcoholic Beverages
No alcoholic beverages shall be sold for a fee less than the actual cost of the beverage to the
licensee. An admission charge shall not be credited towards the purchase price of any alcoholic
beverage. The price charged for alcoholic beverages shall not be discounted for any particular
hour(s) of the day or day(s) of the week. No minimum charge shall be made for alcoholic
beverages.
11. Service of Alcoholic Beverages Limited
No patron
shall be served a fourth alcoholic beverage drink without the prior approval of the Manager or
alternate.
12. Changes To Premises Or Operation
Any proposed change in the physical description and appearance or character of the licensed
premises, including renovation work, number and location of seats and tables or other such
changes, requires prior approval of the Board and the ABCC.
13. Permits For Changes To Premises
The Building Commissioner shall, upon receipt of any permit application for work at a licensed
premises, immediately forward a copy of such application to the Town Manager. If the Town
Manager determines that such work requires prior approval of the Board,.- he shall so notify the
Building Commissioner and licensee within ten days of receipt of the copy of the application by
the Town Manager and no permit shall be issued until the Board and the ABCC have approved
the proposed work.
14. Entertainment
No forms of entertainment, including but not limited to radio, television, recorded or live music,
or dancing, shall be allowed without first obtaining an entertainment license from the Board.
15. Annual Financial Report
Upon request of the Board, all licensees shall furnish an annual financial report from a certified
public accountant indicating the gross sales for food and gross sales for alcoholic beverages for
the preceding calendar year.
Section C. APPLIES TO RETAIL PACKAGE STORE LICENSES
1. Hours of Sales
No sale or delivery of alcoholic beverages shall be made except during the legal hours of sale.
2. Consumption On Premises Prohibited
No alcoholic beverages shall be sold to be drunk on the premises. However, this section shall
not prohibit a licensee from offering fFee-tastings as permitted by law or by regulation of the
ABCC.
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3. Premises' Description
No licensee shall keep for sale, store, or sell alcoholic beverages in any part of the premises not
specified in the license.
4. Convenience Stores
Any grocery and/or convenience store, which is the holder of a package goods store license and
which is open on a Sunday, must during any time that the store is open when alcoholic beverage
sales are not permitted, by means of a drop curtain, a wire mesh divider, or a gate at least five (5)
feet in height, close off from the rest of the premises that section in which the alcoholic
beverages are displayed. No patrons shall be permitted to enter that area of the premises
containing such beverages.
5. Posting of Prices
All prices that can be seen by customers in the licensee's store, whether on shelves, in circular
form or otherwise, must correspond with the current posted price list.
6. Deliveries Off Premises
A written record shall be maintained listing the name and address of every person to whom a
delivery of alcoholic beverages is made outside of the premises. Such record shall include the
amount of alcoholic beverages that were delivered, the date and time of delivery and the
signature of the person receiving the delivery. Such records shall be maintained for a period of
not less than one year and must be available for inspection by the Board and its agents at all
times.
Section D. APPLIES TO CLUB LICENSES
1. List of Officers and Members
Annually the licensee shall submit to the B_board within three months after January first, a listing
of the names and addresses of all the club's directors or officers, members, and employees, as of
January first. The salaries of all employees serving or handling alcoholic beverages shall be
included. Such list shall be maintained current during the year and be available for inspection on
the premises at all times.
2. Guest Register Book
A guest register book shall be maintained which indicates the name of the guest and the member
accompanying the guest. No guest shall be allowed to enter the premises unless he/she is invited
and accompanied by a member and signs the guest register. Such guest register shall be available
for inspection at all times.
3. Only Members and Guests To Be Served
Only members and their properly registered guests shall be served alcoholic beverages.
4. Hours of Sales
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The official closing hour, which shall be set by the Board, shall be no later than 2:00 a.m. on
Friday and Saturday nights and 12:00 A.M. on all other nights. Last call shall be at least one-half
hour prior to the licensee's closing hour and all members and guests must be off the premises by
the closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of
alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be
sold or served prior to 8:00 a.m. on Monday through Saturday, 12:00 p.m. on Sundays, and 2:00
a.m. on New Year's Eve with Board approval. For special occasions or events, the B_board may,
after application by the licensee, extend the official closing hour.
5. Service Limited To Approved Areas
The service and consumption of alcoholic beverages shall be limited to those areas of the
premises approved by the Board. No alcoholic beverages shall be served or consumed in any
areas of the premises which have been excluded from the approved description of the premises.
6. Clear View of Premises' Interior
No advertising matter, screen, curtain or other obstruction, which, in the opinion of the Board,
prevents a clear view of the interior of the premises shall be maintained in or on any window or
door thereof after the Board has ordered the removal of such obstruction. No booths, stalls or
enclosures of any description are permitted which prevent the persons therein from being plainly
observed by other persons on the premises.
7. Interior Lighting
The interior of the premises shall be well lighted at all times with such lighting not to be less
than one (1) foot candle (measured 30 inches from the floor) except those portions of the room
under furniture
8. Consumption on Premises
All alcoholic beverages shall be served in open containers and no such beverages shall be
allowed to be removed from the premises. No patron shall be allowed to bring alcoholic
beverages on the premises for the purpose of consumption on the premises.
9. Serving Containers
No alcoholic beverages, with the exception of wine, shall be served in any container or glass, the
capacity of which is in excess of sixteen fluid ounces.
10. Service of Alcoholic Beverages Limited
No more than one alcoholic beverage drink shall be served to a member or guest at one time. No
member or guest shall be served a fourth alcoholic beverage drink without the prior approval of
the Manager.
11. Changes To Premises
Any proposed change in the physical description and appearance or character of the licensed
premises, including renovation work, number and location of seats and tables or other such
changes, requires prior approval of the Board and the ABCC.
12. Permits For Changes To Premises
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The Building Commissioner shall, upon receipt of any permit application for work at
prefn at a licensed premise, immediately forward a copy of such application to the Town
Manager. If the Town Manager determines that such work requires prior approval of the Board
he shall so notify the Building Inspector and licensee within ten days of receipt of the copy of the
application by the Building Inspector and no permit shall be issued until the Board and ABCC
has approved the proposed work.
13. Annual Financial Report
Upon request of the Board, all licensees shall furnish an annual financial report from a certified
public accountant indicating the gross sales for food and gross sales for alcoholic beverages for
the preceding calendar year.
Section E. APPLIES TO DRUGGIST LICENSES
1. Not For Beverages Purposes
No alcohol shall be sold for beverage purposes.
2. Recording Sales
All sales of alcohol shall be recorded in the same book and in the same manner required for the
sale of alcoholic beverages with the signature and address of the purchaser, and the hours of sale
shall be the same as the hours for the sale of alcoholic beverages not to be consumed on the
premises. No sales shall be made on Sundays or legal holidays without a prescription.
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