Town of Salisbury, MA Chapter 450 Licensing Board

[HISTORY: Adopted by the Town of Salisbury. Amendments noted where applicable.]

§ 450-1 Meetings.

The Licensing Board for the Town of Salisbury shall convene for its regular meeting at least once every month and may hold such additional meetings, including regular meetings, special meetings and hearings, as it deems fit. The dates of any such regular meetings shall be posted in the Town Hall and the Town Clerk shall be notified. In the event of any postponement, special meeting or hearing, notice of the date, time and place shall be posted in Town Hall at least 48 hours in advance, as well as any other notice required by law.

§ 450-2 Procedure.

A. From time to time as it deems fit, the Board shall elect from its membership a Chairman, Vice Chairman, and Clerk. The Chairman or any two members of the Board may place a matter on the agenda for the Board's consideration, provided no such matter may be placed on the agenda within 48 hours of the meeting unless it is done so by majority vote of the Board. The first item on the agenda shall be the acceptance of the minutes of the previous meeting as presented by the Clerk. No meeting attended by sufficient membership shall close or adjourn without acting upon its agenda or any new business brought before such meeting.

B. The Chairman or one acting in his place shall call the meeting to order, provided there is a simple majority of the Board's members present. Otherwise, such meeting shall be recessed or postponed to the next regular meeting or to such other earlier date as a majority of the Board may subsequently agree upon. The Chairman shall recognize motions from the membership and shall seek a second prior to any discussion by the Board of any issues before it. Approval of any action of the Board shall be by majority vote of the Board and shall be duly recorded by the Clerk. The Board shall employ Robert's Rules of Order in the conduct of its regular and special meetings. The Chairman or his nominee shall convene and preside over any hearings the Board may hold.

C. The Board shall take no action on any matter other than setting a date for a meeting or hearing, unless such action is taken at a regular or special meeting or hearing for which public notice has been given as herein prescribed or as otherwise provided by law. All meetings shall be open to the public except where, upon motion made, seconded and approved, the Board votes to meet in executive session.

D. The Board may from time to time change or adopt forms for the transaction of business before the Board.

§ 450-3 Regulations.

A. Building and fire. All licensees shall maintain and use their premises in conformance with state and local fire and building laws. Repeated failure to comply with state and/or local fire and building codes is cause for suspension or revocation of a license.

B. Discrimination. Discrimination in employment, pricing of beverages or service to customers on the basis of race, color, creed, national origin or sex is cause for suspension or revocation of a license.

C. Gambling. Gambling or wagering or the allowance of any gambling or wagering scheme upon a licensed premises is cause for suspension or revocation of a license, except in the case of licensed charitable organizations approved by the Board.

D. Unlawful conduct. Repeated unlawful and illegal conduct upon a licensed premises, with or without the approval or consent of the licensee, shall be cause for suspension or revocation of a license.

E. Not properly licensed. Serving alcoholic beverages to any person for immediate consumption or allowing the consumption of alcoholic beverages on premises not properly licensed is cause for suspension or revocation of any license in effect for the licensee of such premises.

F. After closing. Consumption of alcoholic beverages on a licensed premises more than 15 minutes after legal closing is cause for suspension or revocation of a license.

§ 450-4 Matters to be regulated.

The Board shall regulate the following matters such that a failure to comply with specific instructions of the Board shall be cause for a suspension and, in repeated instances, a revocation of the license:

A. All licenses shall be posted in a conspicuous place together with the occupancy certificate setting forth the seating or other crowd capacity of the premises.

B. Outdoor or exterior advertising is permitted only with the approval of the Board, after submission of a written statement and plan describing such advertising signs or other devices.

C. Alterations which would substantially change the licensed premises are permitted only with the approval of the Board after submission of a plan showing the proposed alteration.

D. Interior and exterior lighting, including parking areas and the entrances and exits thereto shall be adequately lighted. The Board may make orders relative thereto as a specific case may warrant.

E. Sound devices shall be controlled to keep sound emanating from the premises within normal and tolerable limits outside the premises. The Board may make orders relative thereto as a specific case may warrant.

F. A licensee may be required by the Board to employ, at his own expense, one or more police officers to ensure that no disturbance or unlawful activity is carried on upon the licensed premises, if in the opinion of the Board the preservation of public order and safety so warrants.

G. Entertainment, as permitted by law and approved by the appropriate licensing authority, where such approval is required, shall be regulated by the Board only to the extent that such entertainment gives rise to complaints from abutters or the Police or Fire Department as to noise, litter, and overcrowding, in which case the Board may hold a hearing to determine whether or not it should make any orders limiting in time or place or otherwise restricting such entertainment to accommodate the needs of public peace, order and safety. Entertainment not permitted by law or the appropriate licensing authority upon a licensed premises shall be cause for suspension or revocation of a license.

H. Every licensed premises, and all portions thereof, shall, during regular business hours, be open for inspection by the licensing board or its representative.

§ 450-5 Hearings.

On a complaint presented to the Board, the Board may vote to hold a hearing to determine what, if any, action it shall take relative to the licensee complained of. If the Board determines to hold a hearing, it shall do so only after serving written notice of such hearing upon the licensee at the licensee's address as set forth on the last license application by certified mail, at least 14 days in advance of such hearing date. Any such notice must contain the following:

A. The date, time and place of such hearing.

B. The substance of the complaint, including the date, time, place and specific activity or failure complained of.

C. Whether or not the complaint was brought by a public official or agency of the Town, an abutter, a private party, or the Licensing Board.

D. A statement indicating that the licensee may be represented by an attorney and that such attorney will be heard by the Board.

E. A statement that the licensee may inspect evidence and examine any witnesses offering testimony as well a present evidence and witnesses on his own behalf.

F. A statement that the license held may be suspended or revoked as a result of such hearing.