HomeMy WebLinkAbout2017-06-05 Board of Selectmen Minutes
BOARD OF SELECTMEN MINUTES June 5, 2017
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 7:05PM 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 22
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 May 16, 2017. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
Recognition
Retirement- Sergeant John Pickard
Sergeant John Pickard was presented a Certificate of Appreciation for his 36 years of service on the
Police Department.
Society for Human Resource Management Certification-Cathy Darby
Chairman Vaillancourt announced that Cathy Darby, Human Resources Director, received certification
HR management.
Completion of Massachusetts Municipal Personnel Association Supervisory Leadership Development
Program-Kathleen Keenan
Chairman Vaillancourt announced Library Director, Kathleen Keenan, completed the MMPA Supervisory
Leadership Development Program, a six day training program for municipal employees to develop and
strengthen their supervisory and management skills.
Update from Planning Board
Planning Board Chairman, John Simons, gave the annual update from the Planning Board.
Update from Board of Health
Board of Health Chairman, Thomas Trowbridge, gave the annual update from the Board of Health. Mr.
Trowbridge announced that Larry Fixler will be the chair of the Board of Health for the upcoming year.
Selectmen meeting schedule July-December 2017
The meeting schedule for July-December was reviewed.
Race Amity Day
Library Director, Kathleen Keenan, provided a mem
proclamation of Race Amity Day in Massachusetts. Clerk Smedile read the proclamation.
Other Communications and announcements
CONSENT ITEMS:
Selectmen DeCologero recused himself from the first two consent items.
Request from the North Andover Merchants Association to use the Town Common and close
Massachusetts Avenue from Osgood Street to Academy Road on Saturday, September 23, 2017 from
9:30am to 4:00pm
Dawn Pease from the North Andover Merchants Association was present to request the use of the Town
Common for their annual Fall Festival on Saturday, September 23, 2017 from 9:30 a.m. to 4:00 p.m. and
to close Mass Ave. from Osgood Street to Academy Road for the same time period. Regina Kean made
a MOTION, seconded by Chris Nobile that the Board of Selectmen approve the request of the
North Andover Merchants Association to use the Town Common and close Massachusetts
Board of Selectmen Minutes June 5, 2017 2
Avenue from Osgood Street to Academy Road for their Fall Festival on Saturday, September 23,
2017 from 9:30 a.m. to 4:00 p.m. Vote approved 4-0.
Request of Chris Allen of the North Andover Farmers Market to place banners on the street light poles
around the Town Common and Osgood Street
Chris Allen of the North Andover Farmers Market was present to request approval to hang banners
around the common and Osgood Street advertising the Farmers Market. A proof of the banner was
included in the packets. The banners would be installed by DPW and would remain up until the beginning
of October.
Chris Nobile made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Chris Allen on behalf of the North Andover Farmers Market to hang
banners around the Town Common and on Osgood and Main Street from June through the
beginning of October. Vote approved 4-0.
Selectman DeCologero returned to his seat.
Acceptance of Grants
The Board was asked to accept two grants from the Commonwealth of Massachusetts. The IT grant will
be used to scan documents to Laserfiche and the disability grant will be used to install automatic door
openers at the rear entrance of town hall.
Community Compact Information Technology grant in the amount of $50,000
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
accept the grant from the Massachusetts Department of Revenue in the amount of $50,000. Vote
approved 5-0.
Massachusetts Office on Disability grant in the amount of $8988
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
accept the grant from the Massachusetts Office on Disability in the amount of $8,988. Vote
approved 5-0.
Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds
In order to reduce interest costs, the Board is being asked to approve the sale of general obligation bonds
and authorize the Treasurer to issue refunding bonds. Rosemary Smedile made a MOTION, seconded
by Phil DeCologero that the Board of Selectmen approve the sale of the $7,135,000 General
to Janney Montgomery Scott LLC at the price of $7,502,735.55 and accrued interest, if any, is
hereby approved and confirmed. The Bonds shall be payable on June 15 of the years and in the
principal amounts and bear interest at the respective rates, as follows:
Interest Interest
Year Amount Rate Year Amount Rate
2018 $600,000 2.00% 2028 $225,000 3.00%
2019 600,000 3.00 2029 225,000 3.00
2020 600,000 3.00 2030 225,000 3.00
2021 600,000 3.00 2031 225,000 3.00
2022 600,000 3.00 2032 225,000 3.00
2023 385,000 3.00 2033 225,000 3.00
2024 375,000 3.00 2034 225,000 3.00
2025 375,000 3.00 2035 225,000 3.00
2026 375,000 3.00 2036 225,000 3.00
2027 375,000 3.00 2037 225,000 3.00
Further approve: that in connection with the marketing and sale of the Bonds, the preparation
and distribution of a Notice of Sale and Preliminary Official Statement dated May 22, 2017, and a
approved by the Town Treasurer, be and hereby are ratified, confirmed, approved and adopted.
Further approve: that the Bonds shall be subject to redemption, at the option of the Town, upon
such terms and conditions as are set forth in the Official Statement.
Board of Selectmen Minutes June 5, 2017 3
Further approve: that the Town Treasurer and the Board of Selectmen be, and hereby are,
authorized to execute and deliver a continuing disclosure undertaking in compliance with SEC
Rule 15c2-12 in such form as may be approved by bond counsel to the Town, which undertaking
shall be incorporated by reference in the Bonds for the benefit of the holders of the Bonds from
time to time.
Further approve: that we authorize and direct the Treasurer to establish post issuance federal tax
compliance procedures in such form as the Treasurer and bond counsel deem sufficient, or if
such procedures are currently in place, to review and update said procedures, in order to monitor
and maintain the tax-exempt status of the Bonds.
Further approve: that each member of the Board of Selectmen, the Town Clerk and the Town
Treasurer be and hereby are, authorized to take any and all such actions, and execute and deliver
such certificates, receipts or other documents as may be determined by them, or any of them, to
be necessary or convenient to carry into effect the provisions of the foregoing votes.
Vote approved 5-0.
Vote to approve letter to Mass Housing Partnership for 505 Sutton Street housing project
Eric Kfoury provided a draft letter from the Board to MHP regarding the proposed 40B development at
505 Sutton Street. The board was asked to vote to accept the letter so it may be submitted to MHP.
Phil DeCologero made a MOTION, seconded by Chris Nobile that the Board of Selectmen approve
the letter to Massachusetts Housing Partnership for the proposed 40B development at 505 Sutton
Street. Vote approved 5-0.
Appointment of Dr. Francis MacMillan as Town Physician
The Board needs to appoint a new Town Physician due to the retirement of the current Town Physician,
Dr. Francis MacMillan. His son and Board of Health member, Dr. Francis MacMillan, Jr. has agreed to
take on the role. Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board
of Selectmen appoint Dr. Francis MacMillan, Jr. as Town Physician. Vote approved 5-0.
LICENSING COMMISSIONERS:
Rosemary Smedile made a MOTION, seconded by Phil DeCologero, to open a meeting of the North
Andover Licensing Commission. Vote approved 5-0.
Request of Kate Bideau on behalf of Stevens-Coolidge Place for a one day wine and malt license for a
picnic and concert on June 24, 2017 from 4:00pm-7:00pm.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen, acting as Licensing Commissioners, approve the one day wine and malt license for
Stevens-Coolidge Place for a picnic on June 24, 2017 from 4:00pm-7:00pm, as presented. Vote
approved 5-0.
Request of Christina Portalla d/b/a Auto Empire Motors for a Class II license at 800 Turnpike Street
The applicant is requesting a Class II license at 800 Turnpike Street. There will be no cars parked at the
site. This will be for an office only. Christina Portalla 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 a Class II license for Christina Portalla
d/b/a Auto Empire Motors. Vote approved 5-0.
Request of Smolak Farms for one day wine and malt licenses for the following events:
1. 90th Farm Anniversary in the Barn on Saturday, June 17, 2017 from 6:00pm-9:00pm
2. Whim Farm to Table in the tent on Wednesday, June 21, 2017 from 6:00pm-9:00pm
3. Whim Farm to Table in the tent on Wednesday, June 28, 2017 from 6:00pm-9:00pm
4. Whim Farm to Table in the tent on Wednesday, July 12, 2017 from 6:00pm-9:00pm
5. Whim Farm to Table in the tent on Wednesday, July 19, 2017 from 6:00pm-9:00pm
6. Whim Farm to Table in the tent on Wednesday, July 26, 2017 from 6:00pm-9:00pm
7. Whim Farm to Table in the tent on Wednesday, August 2, 2017 from 6:00pm-9:00pm
8. Whim Farm to Table in the tent on Wednesday, August 9, 2017 from 6:00pm-9:00pm
9. Whim Farm to Table in the tent on Wednesday, August 16, 2017 from 6:00-9:00pm
10. Whim Farm to Table in the tent on Wednesday, August 23, 2017 from 6:00-9:00pm
11. Whim Farm to Table in the tent on Wednesday, August 30, 2017 from 6:00pm-9:00pm
Board of Selectmen Minutes June 5, 2017 4
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile that the Board of
Selectmen, acting as Licensing Commissioners, approve the 11 one day wine and malt licenses
for events at Smolak Farms, as presented. Vote approved 5-0.
Vote to accept revised Alcoholic Beverages Regulations
Town Counsel, Suzanne Egan, summarized the proposed changes to the Alcoholic Beverages
Regulations first presented at the meeting on May 8, 2017. The Board discussed changes and asked
Attorney Egan to review the changes and provide feedback by the next meeting. The Board took no
action on the item.
Richard Vaillancourt made a MOTION, seconded by Rosemary Smedile to close a meeting of the
North Andover Licensing Commission. Vote approved 5-0.
OLD BUSINESS:
None
NEW BUSINESS:
None
PUBLIC COMMENT:
Chris Nobile stated that Osgood Properties is looking at bring back its marijuana proposal at a future town
meeting.
Rosemary Smedile announced that the Board dedicated a bench to Donald Stewart for all his years of
service.
Town Manager Appointments
The Town Manager provided a memorandum to the Board regarding his appointments to the Planning
Board and Board of Health.
Monthly Reports
Included in the packets were the departmental monthly reports. The Board discussed in depth the Opiate
Overdose Report.
Ask the Manager
Massachusetts Avenue. Mr. Maylor indicated that the state did not approve the location so they would
need to explore another location.
ADJOURNMENT:
Phil DeCologero made a MOTION, seconded by Chris Nobile to adjourn the meeting at 9:50pm.
Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
_______________________________
Rosemary Connelly Smedile, Clerk of the Board
Board of Selectmen Minutes June 5, 2017 5
Documents used at meeting:
Minutes of 5/16/17
Certificate for John Pickard
Certificate for Cathy Darby
Certificate for Kathleen Keenan
Meeting schedule
Planning board presentation
Race Amity Day proclamation
Request for Fall Festival
Request for banners
Grant documents
Bond sale memorandum
MHP letter
Appointment memorandum
Stevens Coolidge Place request
Request of Empire Motors
Request for events at Smolak Farms
Alcoholic Beverages Regulations
Opiate Report
Job posting/vacancy log
Fire Department report
Police Department report
Capital Projects report
Legal report
Library report
IT report
Building department report
Senior Center report
TOWN OF NORTH ANDOVER
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
RichardM. 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, JUNE 5, 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. May 16, 2017 Open Session Minutes, as written
IV. COMMUNICATIONS AND ANNOUNCEMENTS
A. Recognition
1. Retirement-Sergeant John Pickard
2. Society for Human Resource Management Certification-Cathy Darby
3. Completion of Massachusetts Municipal Personnel Association Supervisory Leadership
Development Program-Kathleen Keenan
B. Update from Planning Board
C. Update from Board of Health
D. Selectmen meeting schedule July-December 2017
E. Race Amity Day
V. CONSENT ITEMS
A. Request from the North Andover Merchants Association to use the Town Common and close
Massachusetts Avenue from Osgood Street to Academy Road on Saturday, September 23, 2017 from
9:30am to 4:00pm
B. Request of Chris Allen of the North Andover Farmers Market to place banners on the street light poles
around the Town Common and Osgood Street
C. Acceptance of Grants:
1. Community Compact Information Technology grant in the amount of $50,000
2. Massachusetts Office on Disability grant in the amount of $8988
D. Vote to sell general obligation bonds of the Town and approve refunding of general obligation bonds
E. Vote to approve letter to Mass Housing Partnership for 505 Sutton Street housing project
F. Appointment of Dr. Francis MacMillan as Town Physician
VI. LICENSING COMMISSIONERS
A. Request of Kate Bideau on behalf of Stevens-Coolidge Place for a one day wine and malt license for
a picnic and concert on June 24, 2017 from 4:00pm-7:00pm.
B. Request of Christina Portalla d/b/a Auto Empire Motors for a Class II license at 800 Turnpike Street
C. Request of Smolak Farms for one day wine and malt licenses for the following events:
th
1. 90 Farm Anniversary in the Barn on Saturday, June 17, 2017 from 6:00pm-9:00pm
2. Whim Farm to Table in the tent on Wednesday, June 21, 2017 from 6:00pm-9:00pm
3. Whim Farm to Table in the tent on Wednesday, June 28, 2017 from 6:00pm-9:00pm
4. Whim Farm to Table in the tent on Wednesday, July 12, 2017 from 6:00pm-9:00pm
5. Whim Farm to Table in the tent on Wednesday, July 19, 2017 from 6:00pm-9:00pm
6. Whim Farm to Table in the tent on Wednesday, July 26, 2017 from 6:00pm-9:00pm
7. Whim Farm to Table in the tent on Wednesday, August 2, 2017 from 6:00pm-9:00pm
8. Whim Farm to Table in the tent on Wednesday, August 9, 2017 from 6:00pm-9:00pm
9. Whim Farm to Table in the tent on Wednesday, August 16, 2017 from 6:00pm-9:00pm
10. Whim Farm to Table in the tent on Wednesday, August 23, 2017 from 6:00pm-9:00pm
11. Whim Farm to Table in the tent on Wednesday, July 12, 2017 from 6:00pm-9:00pm
D. Vote to accept revised Alcoholic Beverages Regulations
VII. OLD BUSINESS
VIII. NEW BUSINESS
IX. PUBLIC COMMENT
X.
A. Town Manager appointments
B. Monthly Reports
1. Opiate Overdose Report
2. Job posting/vacancy log
3. Police Department
4. Fire Department
5. Capital Projects
6. Legal
7. Library
8. Senior Center
9. Report It
10. Building Department
C.
XI. NEXT MEETING DATE
June 19, 2017
XII. ADJOURNMENT
BOARD OF SELECTMEN MINUTES May 16, 2017
CALL TO ORDER: Chairman Richard Vaillancourt called the meeting to order at 5:30PM in Room 1108
at the North Andover High School.
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 5 members
of the public were in attendance.
PLEDGE OF ALLEGIANCE
APPROVAL OF MINUTES:
Chris Nobile made a MOTION, seconded by Phil DeCologero, to approve the Open Session
Minutes of May 8, 2017. Vote approved 5-0.
COMMUNICATIONS AND ANNOUNCEMENTS:
None
CONSENT ITEMS:
Appointment of James Stanford as the Greater Lawrence Sanitary District Board of Commissioners
Representative
The appointment subcommittee is recommending DPW Director, James Stanford, be appointed.
Rosemary Smedile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen
appoint James Stanford as the Greater Lawrence Sanitary District Board of Commissioners
representative for a term ending June 30, 2018. Vote approved 5-0.
Vote to surplus nine (9) Accuvote machines to be traded in for new equipment
Assistant Town Manager, Ray Santilli, provide a memorandum to the Board regarding the surplus of
voting machines and the contract for annual maintenance and software.
Phil DeCologero made a MOTION, seconded by Rosemary Smedile that the Board of Selectmen
approve the request of Assistant Town Manager, Ray Santilli, to surplus 9 AccuVote machines to
be used as trade-ins to purchase new digital scan vote tabulators. Vote approved 5-0.
Vote to authorize Town Manager to execute contract in excess of 3 years with LHS Associates for annual
maintenance and software license for voting machines
Rosemary Smedile made a MOTION seconded by Phil DeCologero that the Board of Selectmen
authorize the Town Manager to execute a contract with LHS Associates for a period beginning
June 1, 2017 and ending June 30, 2024 for annual maintenance and software licensing as included
in the Invitation for Bids. Vote approved 5-0.
Discussion of 70 foot steel monopole tower on MBTA property
Included in the packets was information received from the contractor for the MBTA regarding a 70 foot
. Prior to installation,
the MBTA is required to solicit comments regarding the visual impacts on historical structures within ¼ of
a mile. Regina Kean made a MOTION, seconded by Chris Nobile for the Town Manager to write a
letter on behalf of the Board opposing the installation of the monopole tower. Vote approved 5-0.
Town Meeting Warrant recommendations
Article 9-Citizen Petition-Amend Zoning Bylaw-Section 8: Medical Marijuana Treatment Facilities
Chairman Vaillancourt indicated that amendments were received from the petitioner and ask Susan Egan,
Town Counsel if the amendments addressed her concerns. Attorney Egan indicated, although she would
have drafted the language differently, she believes the amendments resolved the major issues. Chairman
Vaillancourt and Ms. Smedile voiced their concerns regarding the process and not having enough time to
completely review the project. Ms. Kean indicated that the petitioner still has to apply for a Special Permit
and in that process the Planning Board will have the opportunity to completely vet the project. Mr. Nobile
and Mr. DeCologero agreed with Ms. Kean and stated that this just allows the petitioner to enter the
process. Rosemary Smedile made a MOTION that the Board of Selectmen recommend unfavorable
action on Article 9. There was no second, motion failed. Phil DeCologero made a MOTION,
seconded by Chris Nobile that the Board of Selectmen recommend favorable action on Article 9.
Vote approved 3-2. Mr. Vaillancourt and Ms. Smedile opposed.
Board of Selectmen Minutes May 16, 2017 2
Article 11-Citizen Petition-Amendment of Zoning Map to Include Expanded Medical Marijuana Overlay
District
The petitioner submitted a revised map to make metes and bounds compliant with what is in the Registry
of Deeds. Petitioner indicated that if Article 9 does not pass, they will withdraw Article 11.
Chris Nobile made a MOTION, seconded by Phil DeCologero, that the Board of Selectmen
recommend favorable action on Article 11. Vote approved 3-2. Mr. Vaillancourt and Ms. Smedile
opposed.
Mr. Vaillancourt raised a concern about Article 10 since the Board of Selectmen already have the
authority to negotiate a Host Agreement and asked the petitioner to consider withdrawing Article 10. Tom
Lee spoke on behalf of petitioner and stated they are willing to withdraw Article 10.
Vote to recess and reconvene in auditorium for 2017 Annual Town Meeting
Chris Nobile made a MOTION, seconded by Phil DeCologero that the Board of Selectmen recess
the meeting and reconvene in the auditorium for 2017 Annual Town Meeting.
The Board moved to the auditorium for the 2017 Annual Town Meeting.
Chris Nobile made a MOTION, seconded by Rosemary Smedile to recommend the petitioner
withdraw Article 10. Vote approved 5-0.
ADJOURNMENT:
Chris Nobile made a MOTION, seconded by Rosemary Smedile to adjourn the meeting at
10:30p.m. Vote approved 5-0.
Laurie A. Burzlaff
Executive Assistant
_______________________________
Rosemary Connelly Smedile, Clerk of the Board
Documents used at meeting:
Minutes of May 8, 2017
Appointment memo
Surplus memo
Monopole tower memo
Revised Town Meeting Warrant articles 9 and 11
TOWN OF NORTH ANDOVER
OFFICE OF
BOARD OF SELECTMEN
120 MAIN STREET
NORTH ANDOVER, MASSACHUSETTS 01845
TEL. (978) 688-9510
Richard M. Vaillancourt, Chairman
FAX (978) 688-9556
Rosemary Connelly Smedile, Clerk
Phil DeCologero
Regina Kean
Chris Nobile
Town of North Andover
Board of Selectmen Meeting Schedule
July December 2017
Monday, July 17, 2017
Monday, August 14, 2017
Monday, August 28, 2017
Monday, September 11, 2017
Monday, September 25, 2017
Monday, October 16, 2017
Monday, October 30, 2017
Monday, November 13, 2017
Monday, November 27, 2017
Monday, December 11, 2017
Please note all meetings begin at 7:00 p.m. at Town Hall, 120 Main Street, North Andover. A notice
will be posted at Town Hall and the Town of North Andover Website under the Municipal Calendar Section and
the Public Notice Section. The Chair may call additional meetings if necessary. If you have any questions,
please contact Laurie A. Burzlaff at 978-688-9510 or e-mail at lburzlaff@northandoverma.gov.
To: Andrew Maylor, Town Manager
From: Kathleen Keenan, Library Director
Date: June 1, 2017
Subject: R.A.I.S.E values
R.A.I.S.E values . While t
thth
lly starts June 19, this proclamation is for Sunday, June 11. The proclamation makes
the second Sunday in June annually Race Amity Day. A copy of the proclamation is attached.
The Stevens Memorial Library and the North Andover Public School District are partnering again this
year to encourage the
Massachusetts public libraries 2017 summer theme. The
own initiative Building a Respectful
Community.
For more information:
Stevens Memorial Library www.StevensMemLib.org
, see the North Andover Public Schools Knightly News,
Volume 2, Issue 10, June 1, 2017
ing :
http://www.northandoverpublicschools.com/departments/raise
: The Collaborative Summer Library Program,
https://www.cslpreads.org/
Race Amity Day: National Center for Race Amity http://ncra.wheelock.edu/
cc:
North Andover Public Schools: Jen Price, Gregg Gilligan, Lorene Marx
Attachments:
MA Race Amity Proclamation 3/23/2017
TOWN OF NORTH ANDOVER
ALCOHOLIC BEVERAGES REGULATIONS
Table of Contents
A. DEFINITIONS ......................................................................................................................... 4
B. GENERAL APPLIES TO ALL LICENSES ........................................................................ 5
1. Regulatory Authority ............................................................................................................................. 5
2. Severability ............................................................................................................................................. 5
3. Discrimination Prohibited ..................................................................................................................... 5
4. Application Process ................................................................................................................................ 5
5. Record of Licensed Premises and Licenses Issued ............................................................................. 6
6. Reapplications ........................................................................................................................................ 6
7. Compliance with All Laws and Regulations ........................................................................................ 6
8. Corporate and Trade Names ................................................................................................................ 6
9. Cessation of Operations ......................................................................................................................... 6
10. Bankruptcy and Court Proceedings ................................................................................................... 6
11. Corporate Transactions ....................................................................................................................... 6
12. Foreclosure on Loans ........................................................................................................................... 6
13. Manager and Alternate Managers ..................................................................................................... 7
14. Employee Consumption Prohibited ................................................................................................... 7
15. Service Prohibited To Certain Individuals ........................................................................................ 7
16. Identification Cards ............................................................................................................................. 7
17. Employee List to Be Maintained ......................................................................................................... 8
18. Employee Training ............................................................................................................................... 8
19. Suspension. Revocation, or Modification of Licenses ....................................................................... 8
20. Display of Licenses ............................................................................................................................... 8
21. Hours of Operation .............................................................................................................................. 8
22. Employees on Premises After Closing Hours .................................................................................... 9
23. Access to Premises By Police and Agents ........................................................................................... 9
24. Inspection of Premises ......................................................................................................................... 9
1
25. Premises' Description .......................................................................................................................... 9
26. Prohibited Activities ............................................................................................................................ 9
27. Posting of Suspension Notice ............................................................................................................... 9
28. Refuse Removal .................................................................................................................................. 10
29. Insurance ............................................................................................................................................ 10
30. Application Process and Fees ............................................................................................................ 10
C. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES ...................... 13
1. Food Service Required ........................................................................................................................ 13
........................................................................................................ 13
3. Interior Lighting, Clear Exits and Lighted Exit Signs, Clear and Unobstructed Interior ............ 14
4. Hours of Operation .............................................................................................................................. 14
5. Hours of Sales Restricted .................................................................................................................... 14
6. Service Limited To Approved Areas .................................................................................................. 14
7. Service Limited To Food Service Areas ............................................................................................. 14
8. Consumption On Premises .................................................................................................................. 14
9. Serving Containers ............................................................................................................................... 15
10. Charge For Alcoholic Beverages ...................................................................................................... 15
11. Service of Alcoholic Beverages Limited ........................................................................................... 15
12. Changes To Premises Or Operation ................................................................................................. 15
13. Permits For Changes To Premises ................................................................................................... 15
14. Entertainment .................................................................................................................................... 15
15. Annual Financial Report ................................................................................................................... 15
D. APPLIES TO RETAIL PACKAGE STORE LICENSES .................................................... 15
1. Hours of Sales ....................................................................................................................................... 15
2. Consumption On Premises Prohibited ............................................................................................... 16
3. Premises' Description ........................................................................................................................... 16
4. Convenience Stores .............................................................................................................................. 16
5. Posting of Prices ................................................................................................................................... 16
6. Deliveries Off Premises ........................................................................................................................ 16
E. APPLIES TO CLUB LICENSES .......................................................................................... 17
1. List of Officers and Members ............................................................................................................. 17
2. Guest Register Book ............................................................................................................................ 17
2
3. Only Members and Guests To Be Served .......................................................................................... 17
4. Hours of Sales ....................................................................................................................................... 17
5. Service Limited To Approved Areas .................................................................................................. 17
6. Clear View of Premises' Interior ........................................................................................................ 17
7. Interior Lighting .................................................................................................................................. 18
8. Consumption on Premises ................................................................................................................... 18
9. Serving Containers ............................................................................................................................... 18
10. Service of Alcoholic Beverages Limited ........................................................................................... 18
11. Changes To Premises ......................................................................................................................... 18
12. Permits For Changes To Premises ................................................................................................... 18
13. Annual Financial Report ................................................................................................................... 18
F. SPECIAL ONE DAY LICENSES ......................................................................................... 18
1. One Day License Required .................................................................................................................. 18
2. Purchase Requirements ...................................................................................................................... 19
3. Applicant Requirements ...................................................................................................................... 19
4. Maximum Number Per Applicant ....................................................................................................... 19
5. Police Details......................................................................................................................................... 19
6. Alcohol Storage Prohibited ................................................................................................................. 19
7. License Posted ...................................................................................................................................... 19
8. Application Process .............................................................................................................................. 19
G. APPLIES TO DRUGGIST LICENSES ................................................................................ 20
1. Not for Beverages Purposes ................................................................................................................ 20
2. Recording Sales .................................................................................................................................... 20
3
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;
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.
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B. GENERAL APPLIES TO ALL LICENSES
1. Regulatory Authority
These regulations are adopted, and may be amended from time to time, by the North Andover
Board of Selectmen (the , pursuant to the provisions of Massachusetts General Laws, c.
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 Commission shall
be governed by these regulations, M.G.L. Chapters 138 and 140, Chapter 204 of the Code of
Massachusetts Regulations and any other statutes, rules and regulations of Commonwealth of
Massachusetts or the Alcoholic Beverages Control Commission (, as the same may
be amended from time to time.
2. Severability
The Boardand 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.
4. Application Process
The Town Clerk is the designated Licensing Agent of the Licensing Commission. All license
applications and required forms for all licenses issued by the Commission must be complete,
legible, and accurate and submitted in a timely manner to ensure proper processing 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, 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,
c. All filing fees charged by the Commission and the ABCC must be paid in full by a
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.
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5. Record of Licensed Premises and Licenses Issued
A record of all licenses issued by the Licensing Commission, both as to premises and owner,
shall be maintained by the Licensing Agent. The record shall contain all applications,
correspondence, decisions regarding the licensed premises, and other written information. The
record shall be reviewed annually at the time of license renewal.
6. 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, may
not be resubmitted for twelve (12) months unless at a meeting of the Licensing Commission a
member, who previously voted against the license application, moves to allow the resubmission
and such motion prevails.
7. 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.
8. 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 it is licensed. Any change in corporate name
or status or any change in trade name (DBA) shall require the prior approval of the Commission.
9. Cessation of Operations
Any licensee intending to close a place of business, whether on a temporary or permanent basis,
must notify the Commission 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.
10. Bankruptcy and Court Proceedings
The licensee shall immediately notify the Commission, 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.
11. 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 Commission. No person may have a direct or
indirect beneficial interest in a license without first obtaining the approval of the Commission.
12. Foreclosure on Loans
Assignment of stock in incorporated licensed establishments for the purpose of safeguarding the
assignee on loans or other legal matters, gives no right to such assignee to conduct the business
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of the licensee; therefore, licensees must notify the Commission immediately when the assignee
forecloses under such assignment of stock.
13. 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 Commission.
a. 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. 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 the Town Clerk, the name of the
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 Commission 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 Commission finds that there were circumstances which excused the non-
compliance.
14. Employee Consumption Prohibited
No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on
duty or after the official closing hour.
15. Service Prohibited To Certain Individuals
No alcoholic beverages shall be sold to anyone under twenty-one (21) years of age.
16. Identification Cards
Only an original motor vehicle driver's license with photograph, a Massachusetts Liquor
Purchase Identification Card, a valid passport issued by the United States government or by the
government recognized by the United States government of a foreign country, or a valid United
States issued active duty Military Identification Car, shall be accepted as proof of age.
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17. 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 Commission.
18. Employee Training
a. Any licensee holding an All Alcohol, including seasonal, or Beer and Wine
license shall participate in a program designed to train employees, who engage in either
package sales or pouring, in methods of observation and detection to avoid selling or
serving intoxicated persons and/or minors that is appropriate to the type of license issued.
b. No program shall be deemed to meet the requirements of this policy unless it is
recognized by the Liquor Joint Underwriters Association or approved by the Licensing
Commissioners.
c. All licensee personnel shall be required to participate in a training program based
upon the type of license issued, as determined by the Licensing Commissioners. New
employees of any licensee will have 45 days from the date of employment to become
certified. All new licensees shall either provide proof of certified training prior to the
issuance of the alcoholic license or within 90 days of issuance of the alcoholic license.
d. A written description of such program, along with a written policy outlining the
employees' responsibilities and the disciplinary measures which will be taken against any
employee for violating said policy, shall be filed with the Commission 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.
19. 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
Commission reserves the right to change or add to any license conditions or any regulations after
notice to the licensee and a hearing thereon.
20. Display of Licenses
All licenses issued by the Commission shall be prominently displayed within the licensed
premises at all times in a conspicuous location, readily visible to the public.
21. Hours of Operation
The hours of operation shall be restricted to those set by the Commission and as required by
M.G.L. c. 138. No patrons shall be on the premises before the official opening hours or after the
official closing hours.
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22. 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.
23. 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 personnel or otherwise, to allow Police and authorized agents of the Commission,
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.
24. Inspection of Premises
The licensed premises shall be subject to inspection by the Police Department, Fire Department,
Building Inspector, the Commission and its agents. Any hindrance or delay of such inspection
caused by an employee of the licensee shall be cause for action against the license.
25. 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 Commission 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.
26. 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 interior corridor, hallway, or other
access or egress.
27. Posting of Suspension Notice
Whenever the Commission suspends the license or licenses of any licensee, the Commission
shall provide the licensee with a sign containing the words "Closed by order of Licensing
Commission 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.
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28. 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
Andover Health Department, and shall be maintained in accordance with the regulations and
conditions of the North Andover Health Department.
29. Insurance
The licensee must at all times maintain the requisite insurance as required by M.G.L. c. 138, §12.
The applicant must annually provide proof of insurance to the Commission.
30. Application Process and Fees
a. A completed and signed Town of North Andover General License Application and an
ABCC application shall be submitted to the Commission through the Licensing Agent
located at the Town Clerk's Office, Town Hall, 120 Main Street, North Andover. The
General License Application The ABCC
application can be found online at www.mass.gov/abcc. Click on forms and applications
and complete the appropriate application. Applications are not complete unless all
required documents are attached. A checklist of required documents is provided with the
ABCC application.
b. A 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.
c. The application must also include an appropriate License Fee by certified check or
money order payable to the Town of North Andover:
$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
d. 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 public hearing to review each
application. The applicant shall be responsible for publication of the notice of public
hearing by paying the local newspaper, The Eagle Tribune, for the cost of publication.
The applicant shall mail a certified copy of notice of the application and hearing to all
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abutters within three (3) days of the publication of the legal notice of the public hearing.
An abutters list
list as the owners of the property abutting on the premises where the license is intended to
be exercised shall be obtained. An affidavit of the person making such publication on
behalf of the Commission, an attested copy of the notice published, and certified receipts
of mailing shall be filed with the Commission 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, § 15A.
1. For purposes of liquor license applications, an abutter is a person whose
property directly touches the proposed premises - not someone across the
street.
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.
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.
f. The applicant must be present or have representation present at the public hearing.
g. Approval of an application by the Commission is the first step in the approval process.
The ABCC must approve the application before the license may be issued by the
Commission. The applicant may not operate under the license until the license is issued.
If the application is for a transfer of a license, the license holder remains responsible for
the operation of the licensed premises until the new license issued. Operation without a
license may be considered in determining an applicant's fitness for a license. Discipline
for operating without a license prior to a transfer or new license issuing may result in the
suspension or revocation of the existing license and possible civil and criminal liability
for both the licensee and the applicant.
31. Renewals
All license holders shall include a Certificate of Occupancy from the Building Inspector with the
renewal application. For all on premise 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 Commission annually in November.
32. Violations
a. Any time the Police are called to a licensed premises, the Licensee shall notify in
writing the Licensing Agent of the incident including the name and address of the
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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 Chief shall also notify in writing the Licensing Agent and the
Town Manager of any alleged violations of these regulations or applicable state laws,
such as the following:
1. Operating under the influence of alcohol arrests when an investigation
indicates that the alcohol was consumed at a licensed establishment.
2. Service or sale of alcoholic beverages to a person under the age of twenty-one
(21).
3. Disturbances or disorderly conduct related to the licensed premises, adjacent
properties and/or parking lots.
4. Protective custody incidents taking place in or adjacent to licensed premises.
The report may note whether the licensee attempted to prevent intoxicated
individuals from driving or creating a risk of harm to themselves or others.
5. Failure to properly train employees as required by Section 16 entitled
b. The Commission shall undertake an investigation of the incident and determine if a
public hearing should be held to consider whether a violation has occurred and the
jurisdiction shall be held, without regard to any separate criminal or civil court
proceedings. The Commission may consider the following factors when determining
the appropriate discipline:
1. number of prior offenses, including ABCC adjudicated violations
2. cooperation of the owner, proprietor or operator with the Town Clerk,
Police Department, inspectors and other town officials in the conduct of its
business
3. severity and type of offense
4. the extent to which Licensee has established procedures to guard against
violations and efforts to identify purchaser, if any, provided that
acceptance of a non-permissible form of identification shall not be a
mitigating factor
5. physical appearance of purchaser in cases of illegal sales
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6. 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
Commission may deem relevant.
c. A Licensee may be subject to the following discipline:
First Offense: Written warning or 1 to 5 day suspension, at the discretion
of the Commission.
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. The Commission may set the day and time that the suspension shall be served, if
the Commission does not set the day, the suspensions shall be served on consecutive business
days beginning on the third Thursday following the imposition of penalties.
C. APPLIES TO COMMON VICTUALLER AND INNHOLDER LICENSES
1. Food Service Required
Licenses under M.G.L. c. 138, § 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. c. 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. C
No advertising matter, screen, curtain, or other obstruction which, in the opinion of the
Commission, prevents a clear view of the interior of the premises shall be maintained in or on
any window or door thereof after the Commission 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.
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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. 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 Commission, subject to the General Laws of the Commonwealth. Last call shall be at least
one-half hour prior to the licensee's closing hour and all patrons must be off the premises by the
closing hour. All tables and bars must be cleared of all glasses, bottles, and containers of
alcoholic beverages within one-half hour after the closing hour. No alcoholic beverages shall be
sold or served prior to 8:00 A.M. on Monday through Saturday and 10:00 A.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 Commission. 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. c.h 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.
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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. 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 Commission and the ABCC.
13. Permits For Changes To Premises
The Building Inspector 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 Commission, he/she shall so
notify the Building Inspector and licensee within ten (10) days of receipt of the copy of the
application and no permit shall be issued until the Commission 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
Commission.
15. Annual Financial Report
Upon request of the Commission, 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.
D. APPLIES TO RETAIL PACKAGE STORE LICENSES
1. Hours of Sales
No sale or delivery of alcoholic beverages shall be made except during the legal hours of sale. A
the
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terms of its license may sell alcohol between eight 8:00) a.m. and eleven
(11:00) p.m., except:
a. On days immediately preceding a legal holiday, alcohol may be sold until eleven
thirty (11:30) p.m.;
b. On Sundays, no alcohol shall be sold prior to 10:00a.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.
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.
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
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not less than one year and must be available for inspection by the Commission and its agents at
all times.
E. APPLIES TO CLUB LICENSES
1. List of Officers and Members
st
The licensee shall submit to the Commission no later than March 31 of each year, a listing of
the names and addresse
January first. The salaries of all employees serving or handling alcoholic beverages shall be
included. Such list shall be maintained current during the year and be available for inspection on
the premises at all times.
2. Guest Register Book
A guest register book shall be maintained which indicates the name of the guest and the member
accompanying the guest. No guest shall be allowed to enter the premises unless he/she is invited
and accompanied by a member and signs the guest register. Such guest register shall be available
for inspection at all times.
3. Only Members and Guests To Be Served
Only members and their properly registered guests 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 Commission, 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, 10:00 a.m. on Sundays, or after
out Commission approval. For special occasions or events, the
Commission 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 Commission. 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
No advertising matter, screen, curtain or other obstruction, which, in the opinion of the
Commission, prevents a clear view of the interior of the premises shall be maintained in or on
any window or door thereof after the Commission 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.
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7. Interior Lighting
All licensees shall keep their licensed premises adequately and properly lighted at all times in a
manner satisfactory to the Commission.
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 Commission and the ABCC.
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 Commission, he/she shall so
notify the Building Inspector and licensee within ten (10) days of receipt of the copy of the
application. No permit for work at a licensed premises shall be issued until the Commission and
ABCC has approved the proposed work.
13. Annual Financial Report
Upon request of the Commission, 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.
F. 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.
18
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 ABCCs website.
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
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
normal meeting schedule does not
accommodate the timing for an applicant, the Chairman of the Licensing Commission
shall have the authority to approve said license.
19
G. APPLIES TO DRUGGIST LICENSES
1. Not for Beverages Purposes
No alcohol shall be sold for beverage purposes.
2. Recording Sales
All sales of alcohol shall be recorded in the same book and in the same manner required for the
sale of alcoholic beverages with the signature and address of the purchaser, and the hours of sale
shall be the same as the hours for the sale of alcoholic beverages not to be consumed on the
premises. No sales shall be made on Sundays or legal holidays without a prescription.
20
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NorthAndover
ReportIt!
April2017
ReportTypeStatusCountofReportType
BuildingandZoningIssues/Concerns InProcess2
DPW-Other InProcess2
DPW-Other Received2
DPW-Other Resolved19
DPW-Tree Received1
DPW-Tree Resolved1TotalReports:67
NotListed-Other Resolved5TotalResolved:60
Pothole Resolved13PercentResolved:89.55224
Trash&Recycling Resolved7
WebsiteQuestion/BrokenLink Resolved3
DPW-CatchBasin Resolved6
SnowIssues Resolved6
CountofReportType
CountofReportType
20
18
16
14
12
10
8
6
4
2
0
InProcessInProcessReceivedResolvedReceivedResolvedResolvedResolvedResolvedResolvedResolvedResolved
BuildingandDPW-OtherDPW-TreeNotListed-OtherPotholeTrash&RecyclingWebsiteQuestion/DPW-CatchBasinSnowIssues
ZoningIssues/BrokenLink
Concerns
ReportTypeStatus
Job Posting/Vacancy Log
May 30, 2017
Date Position Department Hiring Status
Posted Manager
5/23/17 DPW Summer Public Tim Willett Posting on Town website, News and
Laborers Works/WTP Announcements and sent to School District.
Receiving low applicant pool, after posting
closed date applicants will be interviewed.
4/18/17 Support Youth & Rick Gorman References in progress for selected candidate.
Services Recreation Three applicants invited to interview, one
Coordinator withdrew, one was not selected. Posted on
Town website, to be advertised in the Eagle
Tribune on 4/23/17 and on Monster.com for
30 days, close date for resumes is May 5.
4/6/17Electronic Stevens Kathleen Posted on Town website, Merrimack Valley
Resources Memorial Keenan Library Consortium, NH Librarians site,
Librarian Library Simmons College
3/2/17Reference Stevens Kathleen Posted on Town website, Merrimack Valley
Librarian Memorial Keenan Library Consortium, NH Librarians site,
Library Simmons College
1/19/17 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, Ashley Kneeland,
and Cameron Pramas. Civil Service list
generated, 4 applicants signed list by 1/30/17.
Background checks being done.
North Andover Selectmen Meeting
Senior Center Monthly Report FY17
FY 17
TOTALS
In Center Visitors Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun.
Community Education
Book Club 57101414203131011107
Computer Classes 96121387466374
ESA Educational Lectures 1318000019050
Lecture Series 7010966108933765406267717
News & Views 112118107101119108123871021081085
Meetings Held @ Center
Cam Cable Meeting 12121212121212121212120
ESA Group Leaders Meetings 32444444332
ESA Support Group Meetings 16161616161917116
Merrimack Valley Philarmonic 888810200010072
NAMA 666666666660
Women's Veteran's Group 25252525252525252525250
OE Group 75757575757575757575750
Friends Meeting 000000000
Triad 781611141714491
COA Board Meeting 12812961101068
Community Projects
Cuddles 10990118965768697710576865
Flea Market 7878
Mr. Fix-It 57201016151710917126
Selectmen's Breakfast 150150
Congregate Meals 2971973322523223863412892374163069
Fitness/Exercise
General Fitness Classes 611571791551941221942752111081656
Zumba 6455107152143851531141741421189
Health Screenings
Walk In Clinic 60385348432930395233425
Foot Care 19161723191823182311187
Massage Therapist 445463302132
Intergenerational
Nursing Students 454488675
Thompson School Student Social 0
Brooks School Students 0
Legal Assistance 2410400111528
Outreach / Advocacy
Office Consultation 57624344237
Recreation
Art Class 181823270881216130
Bingo 204235187179223175234851261731821
Bowling 121212121212121296
Bridge 2702982842792031662141692142182315
Cards 45464554483748416965498
Chess 0000000000
Computer Lab 33454142464929302231368
Golf 355792
Knitting & Crocheting 1718191724167396136
Mahjong 1010161460000056
Quilting 4572127111191179
Scrabble 131714201832475103
Woodcarving 19182621113022102215194
Shine Counseling 49237044455
FY 17
TOTALS
Outbound Services Jul.Aug.Sep.Oct.Nov.Dec.Jan.Feb.Mar.Apr.MayJun.
Outreach / Advocacy
Brown Bag Program 45363131323138333835350
Housing Outreach Cookouts 32281272
Home Visits/Outreach Visits 41931193812235342430
Meals On Wheels 16401641164016091707167514269241545138015187
Socials / Trips 0
Fresh Table 1031201201173027517
Socials - In House 371153710285757271132135861
Men's Breakfast 2521321328162224181
Day Trip 18202570000070
Supper Club 2412080151001786
Socials - Off Site 8010230260001380
Tax Consultant Preparation 18482086
GRAND TOTALS per Month 354937003811377937673704341526223583336800
Town of North Andover
Fiscal 2017
Legal Summary
Law FirmDescriptionAccountJulyAugSeptOctNovDecJanFebMarAprMayJuneTotal
Urbelis, et. al.General Legal ServicesGF, Gen. Gov't.Legal$94.40$405.00$180.00$679.40
Community PreservationCPA Account*$324.00$882.00$252.00$252.00$108.00$1,818.00
Other Land UseGF, Gen. Gov't.Legal$1,476.00$1,206.00$2,682.00
Planning BoardGF, Gen. Gov't.Legal$1,629.00$2,043.00$3,672.00
ProcurementGF, Gen. Gov't.Legal$1,427.00$144.00$1,571.00
Public SafetyGF, Gen. Gov't.Legal$0.00
Town Meeting/ElectionsGF, Gen. Gov't.Legal$0.00
Water/Sewer EnterpriseGF, Gen. Gov't.Legal$0.00
Zoning Board$144.00$45.00$189.00
Document Request
Historic District Commission
Total Urbelis$5,094.40$4,581.00$576.00$252.00$108.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$10,611.40
Collins, et. al.General Legal ServicesGF, Gen. Gov't.Legal$0.00
Negotiations - FireGF, Gen. Gov't.Legal$0.00
Negotiations - PoliceGF, Gen. Gov't.Legal$0.00
Negotiations - OtherGF, Gen. Gov't.Legal$0.00
Discipline - FireGF, Gen. Gov't.Legal$0.00
Discipline - PoliceGF, Gen. Gov't.Legal$0.00
Discipline- DispatchGF, Gen. Gov't.Legal$0.00
Discipline - OtherGF, Gen. Gov't.Legal$0.00
Promotion Bypass - FireGF, Gen. Gov't.Legal$913.75$913.75
Promotion Bypass - PoliceGF, Gen. Gov't.Legal$0.00
Records RequestsGF, Gen. Gov't.Legal$0.00
Total Collins$0.00$0.00$0.00$0.00$913.75$0.00$0.00$0.00$0.00$0.00$0.00$0.00$913.75
KP LawGeneral Legal ServicesGF, Gen. Gov't.Legal$55.50$55.50
Solar ProjectGF, Gen. Gov't.Legal$1,224.00$900.00$198.00$210.44$2,532.44
Human Resources RelatedGF, Gen. Gov't.Legal$54.00$3,870.00$2,029.50$129.50$2,757.24$203.50$9,043.74
Safe Routes to SchoolGF, Gen. Gov't.Legal$0.00
General Labor ServicesGF, Gen. Gov't.Legal$144.00$864.00$328.50$1,336.50
Documents & postageGF, Gen. Gov't.Legal$30.20$83.25$113.45
Affordable Housing TrustGF, Gen. Gov't.Legal$0.00
Total Kopelman$144.00$1,278.00$5,664.20$2,694.75$210.44$129.50$0.00$2,757.24$0.00$203.50$0.00$0.00$13,081.63
Credit for solar project legal fees-$5,000.00
-$3,767.81
ArbitrationAmerican Arbitration AssociationTown Unions$2,450.00$2,450.00
ConsultantsAugust/Cable TV ContractGF, Gen. Gov't.Legal
ConsultantsEdith M Netter & AssociatesLegal Services -ZBA
Total Consultants$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$0.00$2,450.00$0.00$0.00$2,450.00
In House Counsel$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$5,500.00$44,000.00
TOTAL$5,238.40$5,859.00$6,240.20$2,946.75$2,753.94$5,629.50$5,500.00$8,257.24$5,500.00$8,153.50$5,500.00$5,500.00$67,078.53
Cost Allocations
FY 17 Budget/Running Total$165,000.00$5,238.40$11,097.40$17,337.60$20,284.35$23,038.29$28,667.79$34,167.79$42,425.03$47,925.03$56,078.53$61,578.53$67,078.53$67,078.53
CPA $324.00$1,206.00$1,458.00$1,710.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00$1,818.00
FY17 Net$ 4,914.40 $ 9,891.40$ 15,879.60$ 18,574.35$ 21,220.29$ 26,849.79$ 32,349.79$ 40,607.03$ 46,107.03$ 54,260.53$ 59,760.53$ 65,260.53$ 65,260.53
% of Budget2.98%5.99%9.62%11.26%12.86%16.27%19.61%24.61%27.94%32.89%36.22%39.55%39.55%
FY 16 Budget/Running Total$152,000.00$6,921.64$20,931.78$31,208.15$38,828.15$45,074.15$51,941.15$62,958.15$67,674.31$81,788.84$91,596.47$96,988.87$100,925.18$100,925.18
CPA $0.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$36.00$351.00$513.00$513.00
FY16 Net$ 6,921.64 $ 20,931.78$ 31,172.15$ 38,792.15$ 45,038.15$ 51,905.15$ 62,922.15$ 67,638.31$ 81,752.84$ 91,560.47$ 96,637.87$ 100,412.18$100,412.18
% of Budget4.55%13.77%20.51%25.52%29.63%34.15%41.40%44.50%53.78%60.24%63.58%66.06%66.06%