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.