Loading...
HomeMy WebLinkAbout2017-05-08 Board of Selectmen Minutes BOARD OF SELECTMEN MINUTES May 8, 2017 CALL TO ORDER Chairman Richard Vaillancourt called the meeting to order at 7:00PM in the Town Hall Meeting Room. The meeting was recorded. ATTENDANCE The following were present: Chairman Richard Vaillancourt, Clerk Rosemary Smedile, Licensing Commissioner, Phil DeCologero, Regina Kean, Chris Nobile, Town Manager Andrew Maylor, Assistant Town Manager Ray Santilli and Executive Assistant, Laurie Burzlaff. Approximately 14 members of the public were in attendance. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Chris Nobile made a MOTION, seconded by Rosemary Smedile, to approve the Open Session Minutes of April 24, 2017. Vote approved 5-0. COMMUNICATIONS AND ANNOUNCEMENTS rd 3 Quarter FY 2017 Budget Status Report-Lyne Savage, Finance Director/Town Accountant rd Finance Director, Lyne Savage, presented the FY17 3 Quarter Budget Status Report. Other communications and announcements Regina Kean announced that the PTO groups have entered into an agreement with Baystate Textiles. Bins are at every school for residents to drop off. This is different than the curbside textile recycling which th begins May 15. th May 18. Phil D th . st Chairman Vaillancourt announced the annual Sheep Shearing Festival is on May 21 at the Common. CONSENT ITEMS Request of Christopher Marshall to hold the annual North Andover 4th of July Road Races on July 4, 2017 starting at 7:00AM th Christopher Marshall of the Borderline Running Club presented the request to hold the 4 of July Road Races beginning at 7:00AM. There are three races- kid- that start and finish at the Common. The routes are outlined on the maps in your packets. All relevant departments have reviewed and have no issues. Rosemary Smedile left the room to attend to her cough. Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen approve th the request of Christopher Marshall of the Borderline Running Club to hold the 4 of July Road Races beginning at 7:00 a.m. at the Town Common, as presented. Vote approved 4-0. Accept donation in the amount of $6,000 from the Friends of the North Andover Senior Center to be used th for the 4 of July Fireworks display Christopher Marshall on behalf of the Friends of the North Andover Senior Center asked the Board to th accept a donation of $6,000 to be used for the 2017 4 of July Fireworks display. Rosemary Smedile returned to her seat. Regina Kean made a MOTION, seconded by Phil DeCologero that the Board of Selectmen accept the donation of $6,000 from the Friends of the North Andover Senior Center to be used toward the th 4 of July Fireworks display. Vote approved 5-0. Acceptance of Grants Dept. of Energy Resources Green Communities grant in the amount of $169,390 Dept. of Environmental Protection MassEVIP grant in the amount of $15,000 Dept. of Energy Resources MAPC Streetlight Rapid Retrofit grant in the amount of $100,087.95 The Board was asked to accept the grants awarded by the DOER and DEP. Board of Selectmen Minutes May 8, 2017 2 Phil DeCologero made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen accept the grants from the Dept. Of Energy Resources in the amount of $169,390 and $100,087.95 and the grant from the DEP in the amount of $15,000. Vote approved 5-0. Appointment of Daniel Moore to Youth and Recreation Council The Appointment subcommittee recommended Daniel Moore be appointed to the Youth and Recreation Council. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the appointment of Daniel Moore to the Youth and Recreation Council for a term ending June 30, 2019. Vote approved 5-0. Request of Anant Shah, Eagle Scout Candidate, to build a pergola at The Stevens Estate In December of last year, the Board approved a request of Anant Shah to build a gazebo at The Stevens Estate. After reviewing with his troop leader, it was determined the project was too complex; therefore, he is requesting to build a pergola instead. Rosemary Smedile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen approve the request of Anant Shah to build a pergola and deck at The Stevens Estate and waive any building permit fees. Vote approved 5-0. Town Meeting Warrant recommendations Article 11-Citizen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay District Article 9-Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities Tom Lee of 96 Woodcrest Drive read a statement on behalf of the petitioner. Mr. Lee indicated the owners would guarantee there would be no dispensary on the Rosen, stated that the ability to do research falls under the recreational piece of legislation and not the medical. Phil DeCologero made a MOTION, seconded by Regina Kean that the Board of Selectmen take no action on both Articles 9 and 11. Phil DeCologero offered an amendment to his motion, seconded by Regina Kean, to amend motion to apply to only Article 9. Amendment approved 5-0. Motion to take no action approved 3-2. Ms. Smedile and Mr. Nobile opposed. Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen recommend unfavorable action on Article 11. Vote approved 4-1. Mr. Nobile opposed. LICENSING COMMISSIONERS Phil DeCologero made a MOTION, seconded by Rosemary Smedile, to open a meeting of the North Andover Licensing Commission. Vote approved 5-0. Armen Jeknavorian of St. Gregory Armenian Apostolic Church requests a one day all alcohol license for th the 7 Annual Cigar Night and Dinner on Thursday, June 15, 2017 from 6:00PM-11:30PM and request to waive the fee Mr. Jeknavorian was present to answer any questions. Rosemary Smedile made a MOTION, seconded by Richard Vaillancourt, that the Board of Selectmen, acting as Licensing Commissioners, approve the one day all alcohol license request of Armen Jeknavorian of St. Gregory Armenian Apostolic Church for a Cigar Night and Dinner on June 15, 2017 from 6:00PM-11:30PM and waive the fee for the license. Vote approved 5-0. Jade Group, Inc. d/b/a Jade North Andover requests an all alcohol general on premises license and an entertainment license for a restaurant at 24 High Street Attorney Brian Vaughn spoke on behalf of the applicants. Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile, that the Board of Selectmen, acting as Licensing Commissioners, approve the all alcohol general on premises license and entertainment license for Jade Group, Inc. d/b/a Jade North Andover, as presented. Vote approved 5-0. Paul Gallant of Merrimack College requests: One day wine and malt license for Education Dept. Awards at Cascia Hall on Wednesday, May 17, 2017 from 11:00AM-6:00PM One day wine and malt license for Criminology Dept. Awards at Deegan West 47 Lounge on Thursday, May 18, 2017 from 5:00PM-8:00PM One day all alcohol license for Alumni Reunion Reception at the Rogers Center on Saturday, June 3, 2017 from 5:30PM-10:30PM One day all alcohol license for Alumni Reunion Reception at Honors Lounge on Sunday, June 4, 2017 from 2:00PM-9:00PM Board of Selectmen Minutes May 8, 2017 3 One day all alcohol license for Alumni Reunion Dinner at Deegan West 47 Lounge on Sunday, June 4, 2017 from 6:30PM-9:30PM One day all alcohol license for Alumni Reunion Dinner at Sanctuary Café on Sunday, June 4, 2017 from 6:30PM-9:30PM One day all alcohol license for Alumni Reunion Reception at Rogers Center on Sunday, June 4, 2017 from 6:30PM-9:30PM One day all alcohol license for Alumni Reunion at Mendel Building on Sunday, June 4, 2017 from 6:30PM-9:30PM One day all alcohol license for Alumni Reunion Dessert at SAK Patio on Sunday June 4, 2017 from 8:30PM-10:30PM One day wine and malt license for Alumni Reunion Reception at McQuade Library on Sunday, June 4, 2017 from 5:30PM-10:30PM Richard Vaillancourt made a MOTION, seconded by Chris Nobile that the Board of Selectmen, acting as Licensing Commissioners, approve the 10 one day license requests of Merrimack ththrdth College for events on May 17 and 18 and June 3 and 4, as presented. Vote approved 5-0. Discussion regarding updated Alcoholic Beverages Regulations Included in the packets was a draft of changes to the Alcoholic Beverages Regulations as recommended th by Town Counsel. The Board will be asked to vote on these changes at their meeting on June 5. Rosemary Smedile made a MOTION, seconded by Chris Nobile to close a meeting of the North Andover Licensing Commission. Vote approved 5-0. OLD BUSINESS None NEW BUSINESS None PUBLIC COMMENT None TOWN MANAG Job posting/vacancy log Included in the packets was the job posting/vacancy log provided by Human Resources. Ask the manager 2 questions were received. What is the status of the electric service supplier for the town that you spoke about and was passed at the last town meeting that would reduce the service supply to customers? Town Manager, Andrew Maylor, explained that the Town is moving through the regulatory process. Should have state approval in 2-3 months. What is the status of the Bradstreet project, is it on schedule? The front building has a roof, siding & any businesses lined up for the front when completed? Mr. Maylor explained that the project is behind schedule but still moving forward. Owners are working on securing tenants for the first floor. Rosemary Smedile received a letter about litter on Route 125. Mr. Maylor will contact DOT to ask for it to be cleaned up. Rosemary Smedile asked the Town Manager to contact National Grid about poles in library area before another petition is submitted. Mr. Maylor indicated he communicates regularly with National Grid about issues with poles throughout town. The Town Manager updated the Board on the Merrimack College/Route 114 project. Regina Kean suggested the Board pick a different department report each meeting to discuss in more detail. Board of Selectmen Minutes May 8, 2017 4 ADJOURNMENT Rosemary Smedile made a MOTION, seconded by Phil DeCologero to adjourn the meeting at 9:32PM. Vote approved 5-0. Laurie A. Burzlaff Executive Assistant _______________________________ Rosemary Connelly Smedile, Clerk of the Board Documents used at meeting: Minutes of April 24, 2017 rd 3 Quarter 2017 Budget Status Report th Request for 4 of July Road Race Donation letter Grant memorandum Appointment memorandum Eagle Scout request Town Meeting warrant Articles 9 and 11 Jade Group, Inc. license application Merrimack College requests Draft of Alcoholic Beverages Regulations Job Posting/Vacancy Log TOWN OF NORTH ANDOVER BOARD OF SELECTMEN 120 MAIN STREET NORTH ANDOVER, MASSACHUSETTS 01845 Richard M. Vaillancourt, Chairman TEL. (978) 688-9510 Rosemary Connelly Smedile, Clerk FAX (978) 688-9556 Phil DeCologero Regina Kean Chris Nobile BOARD OF SELECTMEN & LICENSING COMMISSIONERS AGENDA MONDAY, MAY 8, 2017 7:00 PM OPEN SESSION TOWN HALL MEETING ROOM 120 Main Street I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. APPROVAL OF MINUTES A. April 24, 2017 Open Session Minutes, as written IV. COMMUNICATIONS AND ANNOUNCEMENTS rd A. 3 Quarter FY2017 Budget Status Report-Lyne Savage, Finance Director/Town Accountant V. CONSENT ITEMS th A. Request of Christopher Marshall to hold the annual North Andover 4 of July Road Races on July 4, 2017 starting at 7:00AM B. Accept donation in the amount of $6,000 from the Friends of the North Andover Senior Center to be th used for the 4 of July fireworks display C. Acceptance of Grants 1. Dept. of Energy Resources Green Communities grant in the amount of $169,390 2. Dept. of Environmental Protection MassEVIP grant in the amount of $15,000 3. Dept. of Energy Resources MAPC Streetlight Rapid Retrofit grant in the amount of $100,087.95 D. Appointment of Daniel Moore to Youth and Recreation Council E. Request of Anant Shah, Eagle Scout candidate, to build a pergola at The Stevens Estate F. Town Meeting Warrant Article Recommendations: 1. Article 11-Citzen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay District 2. Article 9-Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities VI. LICENSING COMMISSIONERS A. Armen Jeknavorian of St. Gregory Armenian Apostolic Church requests a one day all alcohol th license for the 7 Annual Cigar Night and Dinner on Thursday, June 15, 2017 from 6:00PM- 11:30PM and request to waive the fee B. Jade Group, Inc. d/b/a Jade North Andover requests an all alcohol general on premises license and an entertainment license for a restaurant at 24 High Street C. Paul Gallant of Merrimack College requests: 1. One day wine and malt license for Education Dept. Awards at Cascia Hall on Wednesday, May 17, 2017 from 11:00AM-6:00PM 2. One day wine and malt license for Criminology Dept. Awards at Deegan West 47 Lounge on Thursday, May 18, 2017 from 5:00PM-8:00PM 3. One day all alcohol license for Alumni Reunion Reception at the Rogers Center on Saturday, June 3, 2017 from 5:30PM-10:30PM 4. One day all alcohol license for Alumni Reunion Reception at Honors Lounge on Sunday, June 4, 2017 from 2:00PM-9:00PM 5. One day all alcohol license for Alumni Reunion Dinner at Deegan West 47 Lounge on Sunday, June 4, 2017 from 6:30PM-9:30PM 6. One day all alcohol license for Alumni Reunion Dinner at Sanctuary Café on Sunday, June 4, 2017 from 6:30PM-9:30PM 7. One day all alcohol license for Alumni Reunion Reception at Rogers Center on Sunday, June 4, 2017 from 6:30PM-9:30PM 8. One day all alcohol license for Alumni Reunion at Mendel Building on Sunday, June 4, 2017 from 6:30PM-9:30PM 9. One day all alcohol license for Alumni Reunion Dessert at SAK Patio on Sunday June 4, 2017 from 8:30PM-10:30PM 10. One day wine and malt license for Alumni Reunion Reception at McQuade Library on Sunday, June 4, 2017 from 5:30PM-10:30PM D. Discussion regarding updated Alcoholic Beverages Regulations VII. OLD BUSINESS VIII. NEW BUSINESS IX. PUBLIC COMMENT X. A. Job posting/vacancy log B. XI. NEXT MEETING DATE May 16, 2017 (Town Meeting) XII. ADJOURNMENT TOWN OF NORTH ANDOVER ALCOHOLIC BEVERAGES REGULATIONS TABLE OF CONTENTS PAGE Section A. Definitions Section B. General Rules and Regulations For All LicensesSection A. GENERAL APPLIES TO ALL LICENSES .................................................................................................................. 111 1. Legislative Authority ............................................................................................................. 331 2. Filing of Applications ............................................................................................................ 331 3. ReapplicationsReapplication ................................................................................................ 441 4. Compliance With All Laws and Regulations ...................................................................... 551 5. Corporate and Trade Names ................................................................................................ 551 6. Cessation of Operations ........................................................................................................ 551 7. Bankruptcy and Court Proceedings .................................................................................... 552 8. Corporate Transactions ........................................................................................................ 552 9. Foreclosure on Loans ............................................................................................................ 662 10. Manager and Alternate Managers ....................................................................................... 662 11. Manager's Responsibilities ................................................................................................... 662 121. Employee Consumption Prohibited ..................................................................................... 772 132. Service Prohibited To Certain Individuals.......................................................................... 772 143. Identification Cards ............................................................................................................... 772 154. Discrimination Prohibited .................................................................................................... 773 165. Employee List To Be Maintained ......................................................................................... 773 176. Employee Training ................................................................................................................ 773 187. Suspension. Revocation. or Modification of Licenses ......................................................... 883 198. Display of Licenses and Permits ........................................................................................... 883 2019. Hours of Operation ................................................................................................................ 993 210. Employees On Premises After Closing Hours ..................................................................... 993 221. Access To Premises By Police and Agents ........................................................................... 994 232. Inspection of Premises ........................................................................................................... 994 243. Premises' Description ........................................................................................................ 10104 254. Prohibited Activities .......................................................................................................... 10104 i 265. Posting of Suspension Notice ............................................................................................ 10104 276. Refuse Removal ................................................................................................................. 10104 27. Insurance 5 28.28. One-Day Liquor Licenses ..................................................... Error! Bookmark not defined.115 29. Sunday Package Store Openings .......................................... Error! Bookmark not defined.125 30. Application Process; Fees ................................................................................................. 11125 2931. Scheduling of Public Hearings.......................................................................................... 15167 302. Violations ............................................................................................................................ 16177 Section CB. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 18208 1. Food Service Required ...................................................................................................... 18208 2. ..................................................................................... 19208 3. Interior Lighting ................................................................................................................ 19208 4. Hours of Operation ............................................................................................................ 19218 5. Hours of Sales Restricted .................................................................................................. 20219 6. Service Limited To Approved Areas................................................................................ 20219 7. Service Limited To Food Service Areas........................................................................... 20219 8. Consumption On Premises ............................................................................................... 20219 9. Serving Containers ............................................................................................................ 20229 10. Charge For Alcoholic Beverages ...................................................................................... 21229 11. Service of Alcoholic Beverages Limited ........................................................................... 21229 12. Changes To Premises Or Operation .............................................................................. 212210 13. Permits For Changes To Premises ................................................................................. 212210 14. Entertainment .................................................................................................................. 212310 15. Annual Financial Report................................................................................................. 222310 Section DC. APPLIES TO RETAIL PACKAGE STORE LICENSES .......................... 222310 1. Hours of Sales .................................................................................................................. 222310 2. Consumption On Premises Prohibited .......................................................................... 222410 3. Premises' Description ...................................................................................................... 232410 4. Convenience Stores .......................................................................................................... 232410 5. Posting of Prices ............................................................................................................... 232410 6. Deliveries Off Premises ................................................................................................... 232411 Section E. SPECIAL ONE DAY LICENSES Section ED. APPLIES TO CLUB LICENSES ................................................................ 232411 ii 1. List of Officers and Members ......................................................................................... 232511 2. Guest Register Book ........................................................................................................ 242511 3. Only Members and Guests To Be Served ...................................................................... 242511 4. Hours of Sales .................................................................................................................. 242511 6. Clear View of Premises' Interior .................................................................................... 242611 7. Interior Lighting .............................................................................................................. 252612 8. Consumption on Premises............................................................................................... 252612 9. Serving Containers .......................................................................................................... 252612 10. Service of Alcoholic Beverages Limited ......................................................................... 252612 11. Changes To Premises....................................................................................................... 252712 12. Permits For Changes To Premises ................................................................................. 262712 13. Annual Financial Report................................................................................................. 262712 Section F.E. APPLIES TO DRUGGIST LICENSES ...................................................... 272912 1. Not For Beverages Purposes ........................................................................................... 282913 2. Recording Sales ................................................................................................................ 282913 iii A. Section A. DEFINITIONS As used throughout these regulations, the terms contained within Massachusetts General Laws chapters 138 and 140 will have the meaning as defined by statute. In addition and to the extent not inconsistent with the General Laws of the Commonwealth, specifically chapters 138 and 140, the following terms shall have the following meanings: ABCC-the Alcoholic Beverages Commission of the Commonwealth of Massachusetts; Abutters- persons or entities listed on the who are owners of real property which physically touch the real estate of the proposed licensed premises excluding record owners of real property located across a public way; Commission- pursuant to Chapter 5, Paragraph 3-5-1 of the North Andover Home Rule Charter, the Board of Selectmen shall act as the licensing authority of the Town and shall be referred to herein as the Licensing Commission, or Commission; Club- an entity licensed under M.G.L. c. 138, §12, that has been granted a license by the Commission and the ABCC to restrict admission to the licensed premises to its members and to guests introduced by members, and to no other persons; Common Victualler- the keeper of a restaurant or public eating house where food is prepared and served to be consumed on the premises; Licensed Premises- the area designated by the Commission upon which a license may conduct business as licensed under these Regulations; Licensee- any person or entity granted a license by the licensing authority; Licensing Agent- the Town of North Andover Town Clerk; Licensing authority the Licensing Commission, Commission or the ABCC, as appropriate; 1 Manager- a responsible person designated by the licensee vested with full authority and control of the license premises and of the conduct of all business therein who directs and controls the day to day operation of the business of the licensed premises; Retail Package Store- an establishment that offers alcoholic beverages for retail sale, not to be consumed on the premises. 2 A.B. GENERAL APPLIES TO ALL LICENSES 1. Regulatory Legislative Authority These regulations are adopted, and may be amended from time to time, by the North Andover Board of Selectmen (hereinafter referred to asthe , pursuant to the provisions of Massachusetts General Laws, c.Chapter 138, § 23 and c. 140, § 2, 177A, 183A.. The Board is designated by Chapter 5, § 3-5-1 of the North Andover Charter as the local licensing authority known as the Licensing Commission. Any and all alcoholic beverages and common victualler licenses issued by the BoardCommission shall be governed by these regulations, M.G.L. Chapters 138 and 140, Chapter 204 of the Code of Massachusetts Regulations and any other the statutes, rules and regulations of Commonwealth of Massachusetts or the Alcoholic Beverages Control Commission (hereinafter referred to as ABCC, as the same may be amended from time to time. 2. Severability The Boardregulations are severable, and if any section, paragraph or any part or provision of the application thereof is held by a court of competent jurisdiction to be invalid, or rendered invalid by an amendment to the General Laws of the Commonwealth, such invalidity will not affect any other regulation of the Board which shall remain in full force and effect. 3. Discrimination Prohibited No licensee, employee, or manager may make any rule or policy that makes any distinction, discrimination or restriction on account of race, color, creed, sex, sexual orientation, gender identification or ancestry relative to the admission or treatment of any person. 42. Filing of Application Processs The Town Clerk is the designated Licensing Agent of the Licensing Commission.Board. All license applications and required forms for all licenses issued by the Commission must be must be "completecomplete, legible, and accurate and submitted in a timely manner " to ensure proper processing be processed by the Licensing Agent. It is the sole responsibility of the applicant to fully and accurately complete all applications and forms as required. Failure to complete applications according to this section may result in sanctions up to and including denial, 3 modification, revocation or cancellation of the license. A complete application shall include the following: a) Fully complete, accurate and executed Licensing Commission and ABCC application forms, attachments and procedural requirements, plus any additional information or documentation or approvals required by the Commission, Town, or the ABCC ; b) All taxes and charges owed the Town must be paid on a current basis; and,. b)c) 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. All Ffiling fees charged by the Commission and the ABCC must be paid in full at the time of filing the application with the Licensing Agent. Once an application has been accepted by the Licensing Agent, filing fees are non-refundable. Aupon approval of the license and no license shall issue until all license fee are paid. License fees shall not be prorated and are not refundable and, 5. Record of Licensed Premises and Licenses Issued A A record of all liquor licenses issued by the Licensing CommissionLicensing Commissioners, both as to premises and owner, shall be maintained in by the Licensing Agent. The record the office of the Town Clerk. Said file shall contain all applications, correspondence, decisions regarding the licensed premises, and other written information. TThe record he file of each owner and premises shashall be reviewed annually at the time of license renewal. 63. Reapplications No application by the same applicant for the same type of license to be exercised on the same premises may be filed within one year of the date of his/her last application. The Commission cannot receive more than two applications for the same premises in the same license year. This provision does not apply to One Day Special Licenses. An application that has been denied,Once denied, applications may not be resubmitted for twelve (12) months unless at a 4 meeting of the Licensing Commission a Board member, who previously voted against the license application, moves to allow the resubmission and such motion prevails. 74. Compliance with All Laws and Regulations Licensees shall maintain their premises and operations in compliance with all applicable state and local building, fire safety and sanitary codes, laws and regulations. All taxes and charges owed the Town must be paid in a timely manner. Failure to comply with any of these laws and regulations shall be sufficient cause for revocation, suspension, or modification of license. 85. Corporate and Trade Names No licensee shall conduct business or assume obligations for a licensed premises under any corporate or trade name other than that under which ithe/she is licensed. Any change in corporate name or status or any change in trade name (DBA) shall require the prior approval of the CommissionBoard. 96. Cessation of Operations Any licensee intending to close a place of business, whether on a temporary or permanent basis, must notify the CommissionBoard 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. 107. Bankruptcy and Court Proceedings The licensee shall immediately notify the CommissionBoard, in writing, of any proceedings brought by or against the licensee under the bankruptcy laws or of any other court or administrative proceedings which may affect the status of the license. 118. 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 CommissionBoard. No person may have a 5 direct or indirect beneficial interest in a license without first obtaining the approval of the CommissionBoard. 129. Foreclosure on Loans Assignment of stock in incorporated licensed establishmentsplaces for the purpose of safeguarding the assignee on loans or other legal matters, etc., gives no right to such assignee to conduct the business of the licensee; therefore, licensees must notify the CommissionBoard immediately when the assignee forecloses under such assignment of stock. 130. 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. All managers and alternate managers must submit fingerprints in accordance with the Town of North Andover Bylaws, Article 6, Chapter 103. No appointment of a Manager or Alternate Manager shall be effective unless and until approved by the BoardCommission. a. 11a. 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. b. b. Change of Manager By the close of the next business day following the termination of employment of the Manager, for any reason, the licensee must file with notify the Town Clerk, in writing, of the name of the 6 person who will discharge the duties of Manager pending selection and approval of a new Manager. If, at any time, there is a change in the Manager of Record for the licensed premises, an application for change of Manager must be filed no later than thirty (30) days after the effective date of the change. The CommissionBoard may impose a penalty for failure to file a timely application for change of Manager, which may include a penalty of suspension that may be up to one day of suspension for each day of noncompliance, unless the CommissionBoard finds that there were circumstances which excused the non-compliance. 1241. Employee Consumption Prohibited No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty or after the official closing hour. 1352. Service Prohibited To Certain Individuals No alcoholic beverages shall be sold to anyone under twenty-one (21) years of age. 1463. 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. 154. 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. 16517. 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 BoardCommission. 1786. Employee Training 7 Aa. 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. Bb. 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. Cc. 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. Dd. 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 BoardCommission 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. 1897. 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 BoardCommission 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. 20198. Display of Licenses and Permits 8 AAll licenses and permits issued by the TownCommission shall be prominently displayed within the licensed premises at all times in a conspicuous location, readily visible to the public. displayed on the premises in a conspicuous place where the public has access and may read. 202119. Hours of Operation The hours of operation shall be restricted to those set by the BoardCommission and as required by M.G.L. c. 138. No patrons shall be on the premises before the official opening hours nor after the official closing hours. 2120. 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 (60) 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. 2231. 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 security personnela doorman or otherwise, to allow Police and authorized agents of the BoardCommission, 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. 2342. Inspection of Premises The licensed premises shall be subject to inspection by the Police Department, Fire Department, Building Inspector, the the BoardCommission and its /or any duly authorized agentss of the 9 Board. Any hindrance or delay of such inspection caused by an employee of the licensee shall be cause for action against the license. 2453. 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 BoardCommission and approved by the ABCC and no alcoholic beverages may be sold or stored in said area prior to the issuance of an amended license that shows the modifications or additions to the licensed premises. 2564. 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 interiorim corridor, hallway, or other access or egress. 267.5. Posting of Suspension Notice Whenever the BoardCommission suspends the license or licenses of any licensee, the BoardCommission shall provide the licensee with a sign containing the words "Closed by order of Licensing BoardCommission 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. 2786. 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 prior to 10:00 A.M. or after 10:00 P.M. Refuse shall be removed a minimum of twice each week, and more often if necessary, to prevent any nuisance conditions. All refuse shall be stored in a dumpster or in such other manner as approved by the North 10 Andover Health Department, and shall be maintained in accordance with the regulations and conditions of the North Andover Health Department. 297. Insurance The licensee must at all times maintain the requisite insurance as required by M.G.L. ch. 138, §12. The applicant must annually provide proof of insurance to the CommissionLicense Commission. 3030. Application Process Process;and Fees 1. 1.a. Applicant must file a completed and signed Town of North Andover General License aApplication and an ABCC application shall be submitted to with the Licensing Commissioners Commission through the Licensing Agent located at the at the Selectmen's Office (Town Clerk's Office), Town Hall, 120 Main Street, Town Hall. North Andover. The General License ApplicationApplication may be obtained from the The ABCC application can be found online at www.mass.gov/abcc. Click on forms and applications and complete the appropriate application. , 1. b. Applications are not complete unless all required documents are attached. A checklist of required documents is provided with the ABCC application. 2. c. Fees: 1. Applicant must include the filing fee of $200.00 made payable to the Alcoholic Beverage Control Commission and $100 made payable to the Town of North Andover shall be submitted with the application. Payment may be made by certified check or money order. shall consist of the following: a. Five (5) page application form. b. Form 983 or 983A - if transfer of license c. or money order made payable to Alcoholic Beverage Control Commission (Filing Fee), and $100 filing fee made payable to the Town of North Andover. 11 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 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. 3. iThe .2. All applications must also include an the appropriate License Fee by (Ccertified check 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. l. License renewals are subject to review by the Board annually in the month of November. 12 4. d2. Within ten (10) days of receipt of a complete application, the Commission, through its licensing agent shall publish notice, at the expense of the applicant. The notice shall set forth the name of the applicant, the kind of license applied for, a description of the location, and area where the license is intended to be exercised, including the street and number. After such publication the date and newspaper of the publication shall be noted on the application. The Commission shall hold a A public hearing to review each application. shall be scheduled before the North Andover Licensing Commissioners and must be advertised in the local newspaper.The applicant shall be responsible for publication of the notice of public hearing by paying the local newspaper, tThe Lawrence Eagle Tribune, for the cost of publication. The 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 shall 's responsibility to mail a certified copy of notice of the application and hearing to all abutters within three (3) days of the publication of the legal notice of the public hearing. ad appearing. An abutters list of each of the recent valuation list as the owners of the property abutting on the premises where the license is intended to be exercised shall be obtained. may be obtained through the Assessor's Office. An affidavit of the person making such publication on behalf of the Commission, Aan attested copy of the notice published, andad and certified receipts of shallmailing shall be filed with the Licensing CommissionersCommission at or before the public hearing. The public hearing shall be held not sooner than ten (10) days after publication according to Massachusetts General Laws, Chapter 138, §Section 15A. aa.1. For purposes of liquor license applications, an abutter is a person whose property directly touches the proposed premises - not someone across the street. bb.2. Churches, synagogues, hospitals and public or private elementary or secondary Schools located within five hundred (500) feet of the premises of a liquor serving establishment must be notified by registered or certified mail. 13 35.e. The applicant shall contact the Board of Health, Building Inspector, Fire Chief, Police 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. 46.f. The applicant must be present or have representation present at the public hearing. 5e. If approved, the application shall be forwarded to the Alcoholic Beverages Control Commission for approval prior to the issuance of the license. 67.g. Approval of an application by the Local BoardCommission is only the first step in the approval process. If approved, the application shall be forwarded to the ABCC for approval.The second step is approval by the Commonwealth of Massachusetts ABCC. If tThe ABCC must approve the application before the he ABCC approves, the final step is issuance of the license may be issued by the Local BoardCommission. The applicant may not operate under the license Uuntil and unless the a license is issued. If the application is for a transfer of a license, the , the new owner may not take part in the operation of the premises and thlicense holder remains responsible for the operation of the licensed premises until the new license issued.e 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 14 is a possibility that a license may not be issued. Operation without a license may can be considered in determining evidence of thatan applicant's unfitness for a license. Discipline for operating without a license prior to a transfer or new license issuing may result in It can also lead to revocation ofthe suspension or revocation of the existing license and possible civil and criminal liability for both the licensee and the applicant.a buyer and seller. 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 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. 31., Renewals All license holders Renewal applications shall include a Certificate of Occupancy from the Building Inspector with the renewal application.for all license holders. For all on premise 15 license holders that also have entertainment licenses, a Certificate of Inspection from the Fire Department must be included with the renewal application. License renewals are subject to review by the BoardCommission annually in November. 32. Violations 1. Any time the Police are called to a licensed premises, Tthe Licensee shall notify in writing the Licensing Agent of the incident including the name and address of the individual involved, the date and time of the incident, the name of the manager, the reason for the police call, the resolution of the call and whether the Licensee placed the call. The Licensee shall provide notice within twenty four (24) hours of the incident. The Police Police Chief shallshall also notify in writing the Licensing Agent and the Town Manager of any alleged possible violations of these regulations or applicable state laws, such as the following including, but not limited to: a. Operating Under the Influence of alcoholLiquor Aarrests when an investigation indicates that the alcohol was consumed at a licensed establishment. b. SMinors being serviceed or sold or sale of alcoholic beverages to a person under the age of twenty-one (21). c. Disturbances or disorderly conduct related to reports on the the licensed premises, or adjacent properties and/or parking lots. d. Protective custody incidents taking place in or adjacent to licensed the premises. The report may note whether the licensee investigation of these types of incidents shall address sattempted to prevent intoxicated individuals from ituations where the licensed establishment management acted properly by stopping a potentially hazardous driver from leaving the propertydriving or creating a risk of harm to themselves or others. e. Failure to properly train employees as required by Section 16 Non-adherence to entitled 2. The Commission shall undertake an investigation of the incident and determine if a public hearing should be held to consider whether a Upon receipt of a report of possible 16 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. violation has occurred and the disciplinary action to be taken. The disciplinary process under the Commission, without regard to any separate criminal or civil court proceedings. 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. TWhen, after a hearing, he it is determined by the Board that a violation of the liquor law has occurred or a licensee has failed to comply with the conditions of the license, these policies and/or any applicable codes or regulations, the BoardCommission mayshall consider the following factors when determining the appropriate discipline:the appropriate disciplinary action. In determining the appropriate disciplinary action to be taken, the Board shall consider the following: a. number of prior offenses, including ABCC adjudicated violations b. b. degree of inspection, etc. exhibited by Licenseecooperation of the establishment owner, proprietor or operator with the Town Clerk, Police Department, inspectors and other town officials in the conduct of its business c. severity and type of offense d. the extent to which Licensee has established procedures to guard against violationsinfractions and efforts to identify purchaser, if any, provided that acceptance of a non-permissible form of identification shall not be a mitigating factor e. physical appearance of purchaser in cases of illegal sales f. quality of evidence the particular merits of the case presented at the hearing inclusive of such factors as intent, culpability of the parties, and such other factors as the Board Commission may deem relevant. 17 A g. general reputation of Licensee 3. 4. Licensee may be subject to the following discipline: 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. 3. First Offense: Written warning or 1 to 5 day suspension, at the discretion of the BoardCommission. 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 Commission may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or severe than that suggested by the guidelines. 5.4. The Commission may set the day and time that the suspension shall be served, if the Commission does not set the day, the Licensee shall serve suspensions shall be served on consecutive business days beginning on the third Thursday following the imposition of penalties. by the Board. B. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES 1. Food Service Required 18 Licenses under M.G.L. c.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 M.G.L., Cchapter. 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. No advertising matter, screen, curtain, or other obstruction which, in the opinion of the BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the BoardCommission 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, Clear Exits and Lighted Exit Signs, Clear and Unobstructed Interior At all times when people are present within or upon the licensed premises, the interior of the licensed premises shall be safely and sufficiently illuminated and all exits will at all times remain clear and unobstructed and be in proper working order providing for immediate emergency egress. All exits will be properly designated by lighted exit signs in proper working order and in proper locations at all times. All aisles, interior and exterior stairways, fire escapes, means of egress, hallways, corridors and vestibules shall remain clear and unobstructed at all times. licensees shall keep their licensed premises adequately and properly lighted at all times in a manner satisfactory to the Board. 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 BoardCommission, 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 19 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 120:00 PA.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 BoardCommission. 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 (i.e., patios or outdoor areas). 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 (2) 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. Cc.hapter 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. Serving Containers 20 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 (16) fluid ounces. 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 more than one (1) alcoholic beverage drink shall be served to a patron at one time. No patron th shall be served a fourth (4) alcoholic beverage drink without the prior approval of the Manager. 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 BoardCommission and the ABCC. 13. Permits For Changes To Premises The Building CommissionerInspector 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 BoardCommission,. Hhe/she shall so notify the Building CommissionerInspector and licensee within ten (10) days of receipt of the copy of the application by the Town Manager and no permit shall be issued until the BoardCommission 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 BoardCommission. 21 15. Annual Financial Report Upon request of the BoardCommission, 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 stated by the terms of its license may sell alcohol between eight a.m. (8:00) and eleven p.m. (11:00), except: a. On days immediately preceding a legal holiday, alcohol may be sold until eleven thirty p.m. (11:30), b. On Sundays, no alcohol shall be sold prior to 10:00 a.m.. Package stores employing more than seven employees, shall pay all employees working on a Sunday at a rate of not less than one and one half times the employee's regular rate. 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, reduction of hours, or any other penalty; c. On Memorial Day, no alcohol shall be sold prior to 12:00 p.m. (noon), d. On Thanksgiving and Christmas, no alcohol shall be sold. e. The Commission may require an earlier closing by regulation or under the terms of an individual license. 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 free tastings as permitted by law or by regulation of the ABCC. 22 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 BoardCommission and its agents at all times. Section D. APPLIES TO CLUB LICENSES 1. List of Officers and Members st Annually tThe licensee shall submit to the boardCommission no later than March 31 of each year within three months after January first directors or officers, members, and employees, as of January first. The salaries of all employees 23 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 over the age of twenty-one (21) shall be served alcoholic beverages. 4. Hours of Sales The official closing hour, which shall be set by the BoardCommission, 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, 120:00 pa.m. on Sundays, or after and out BoardCommission approval. For special occasions or events, the boardCommission 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 BoardCommission. 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 (i.e., patios or outdoor areas). 6. Clear View of Premises' Interior 24 No advertising matter, screen, curtain or other obstruction, which, in the opinion of the BoardCommission, prevents a clear view of the interior of the premises shall be maintained in or on any window or door thereof after the BoardCommission 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 All licensees shall keep their licensed premises adequately and properly lighted at all times in a manner satisfactory to the BoardCommission. 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 (16) fluid ounces. 10. Service of Alcoholic Beverages Limited No more than one (1) alcoholic beverage drink shall be served to a member or guest at one time. th No member or guest shall be served a fourth (4) 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 BoardCommission and the ABCC. 25 12. 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 BoardCommission, he/she shall so notify the Building Inspector and licensee within ten (10) days of receipt of the copy of the application. by the Building Inspector and nNo permit for work at a licensed premises shall be issued until the BoardCommission and ABCC has approved the proposed work. 13. Annual Financial Report Upon request of the BoardCommission, 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. E. Special One Day Licenses 1. One Day License Required A Special One Day License shall be required for all indoor or outdoor events or enterprises that sell alcohol except those held in a private residence. M.G.L. c. 138, §14. A One Day License may be issued for up to 30 thirty days. It is recommended that an applicant apply for a One Day License for three or four days to allow for proper delivery, storage and disposal of all alcoholic beverages purchased. 2. Purchase Requirements All alcohol offered for sale under a One Day License must be purchased from a licensed Massachusetts wholesaler, or a caterer licensed under M.G.L. c. 138, §12C. A list of wholesalers is available e and on the ABCC. 3. Applicant Requirements A One Day License may only be issued to a natural person, a natural person may be a manager of a business, organization or non-profit organization. The person requesting to be named on the One Day License must sign the application for the license and is responsible for management of the license and shall be on the premises for the entire event. A One Day license shall not be granted to a person that has an on premises application pending before the Commission or for 26 any premises that has an alcoholic beverage license. An all alcohol One Day License is only available to non-profit entities. A wine and malt beverage One Day License is available to any enterprise. 4. Maximum Number Per Applicant A One Day License will not be issued to a person for more than thirty days or more than thirty days in aggregate per calendar year. 5. Police Details A police detail is required for all One Day License events, except for weddings and church functions held during the day. If the event also requires a one-day gambling license and/or raffle and bazaar permit, such as Las Vegas event a police detail is required. 6. Alcohol Storage Prohibited No alcohol may be stored on any unlicensed premises. Alcohol shall not be delivered to the premises until the One Day License is operative and shall be removed from the premises after the event and at the expiration of the One Day License. 7. License Posted The licensee shall post the One Day License in a conspicuous location during the event. 8. Application Process a) Applications for a One Day License are available at website. b) later than thirty (30) days prior to the event and must include the appropriate fee of $100.00 for All Alcohol or $75.00 for Wine and Malt. c) When an application for a One Day License has not been submitted in a timely manner and the Board of Selectmen/Licensing Commissionnormal meeting schedule does not accommodate the timing for an applicant, the Chairman of the Licensing Commission shall have the authority to approve said license. Section FE. APPLIES TO DRUGGIST LICENSES 27 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. 28 Job Posting/Vacancy Log May 3, 2017 Date Position Department Hiring Status Posted Manage 4/18/17 Support Youth & Rick Gorman Posted on Town website, to be advertised in Services Recreation the Eagle Tribune on 4/23117 and on Coordinator Monstencorn for 30 days, close date for resumes is May 5. 4/6/17 Electronic Stevens Kathleen Posted on Town website, Merrimack Valley Resources Memorial Keenan Library Consortium, NH Librarians site, Librarian Library Simmons College 3/7/17 Public Health Health Brian Hired Caroline Ibbitson, she will be working a Nurse LaGrasse few hours a week starting May 9 and begins regular hours on May 22, 2017. Additional interviews scheduled through 4/20/17. Interviews scheduled through April 14, 2017. Posted on Town website, ad run in Sunday Eagle Tribune on 3/12, posted on Monster.com for 30 days, posted on MA Association of Public Health Nurses, and on MA Health Officers Association. 3/6/17 Conservation Conservation Jennifer Hired Judith Kalloch-Getman who will be Agent Hughes working a few hours a week starting May 9, and begins working regular hours on May 22, 2017. Second interviews held the week of 4/17. Posted on Town website and on Ma Association of Conservation Commissions. Interviews scheduled through April 10, 2017. 3/2/17 Reference Stevens Kathleen Posted on Town website, Merrimack Valley Librarian Memorial Keenan Library Consortium, NH Librarians site, Library Simmons College 2/19/17 Police Sergeant NAPD Chief Charles Exam date is 9/16117. There is no active list. Gray Officer Katherine Gehrke was appointed a Provisional Sergeant on 2/17/17. 1/19117 Permanent NAPD Chief Charles The next series of pre-employment testing Reserve Police Gray Physical Abilities Test is on a rolling basis. Officer Pre-employment testing scheduled through 4/18/17. Conditional offers of appointment made to Conor Tierney, Astley Kneeland, and Cameron Pramas. Civil Service list generated, 4 applicants signed list by 1130/17. Background checks being done.