[HISTORY: Adopted by the Board of Selectmen of the Town of
Wakefield as indicated in article histories. Amendments noted where
applicable.]
[Adopted 11-18-2013]
[Amended 11-5-2018 RTM
by Art. 17]
It is the goal of the Town Council ("Board or Council"), as
the local liquor licensing authority, to provide for a reasonable
number and variety of well-run establishments for the sale and service
of food and drink as will meet the public need and serve the common
good. Further, it is the goal of the Board or Council to regulate
such establishments to ensure they are operated responsibly and do
not detract from the quality of life in neighborhoods or in the Town
as a whole. The Board or Council expects and requires that principals
and managers are of sound character and are qualified according to
legal requirements and local regulations. Common victuallers and inn
holders must show the Board or Council that they will operate a closely
supervised, well-managed establishment where the service of alcohol
is a secondary service that supports the primary function of food
service.
Hours of operation shall be regulated so as to protect the quality
of life in neighborhoods and to discourage excessive drinking. Server
training and other conditions shall be imposed to ensure the responsible
service of alcoholic beverages. Entertainment appropriate to a dining
atmosphere or a special event may be approved.
Strong and consistent enforcement of all liquor laws and regulations
shall be maintained. Regular inspections shall be conducted. Violators
shall be subject to possible suspension or revocation of their license.
Discipline for violations may also include reducing hours or imposing
other restrictive conditions.
The rules and regulations that follow have been enacted to achieve
the above-stated goals.
As used herein, with respect to the Board or Council, shall
include the Town Administrator and any member of the Police Department
or any other authorized licensing authority of the Town of Wakefield.
[Amended 11-5-2018 RTM
by Art. 17]
As used herein, shall mean any type of alcoholic beverages,
including wines and malt beverages and spirits.
As used herein, means the Wakefield Town Council.
[Amended 11-5-2018 RTM
by Art. 17]
As used herein, means a revocable privilege granted by the
Board or Council. When used in these regulations, the term collectively
refers to licenses issued under MGL c.138.
[Amended 11-5-2018 RTM
by Art. 17]
As used herein, means an individual licensee, each member
of a partnership or limited-liability company licensee, each officer,
director, member, manager, and stockholder of a corporate licensee
and any agent of a licensee including those employees who work in
the public areas of the premises.
As used herein, means a customer who is legally on the licensed
premises.
As used herein, means the establishment at which the licensed
business is operated, including all land and buildings associated
with the operation of the licensed business.
As used herein, means a retail store selling food products,
not to be consumed on the premises, which shall include but not be
limited to one or more of the following: fresh cheese, fresh meat
or delicatessen products, freshly prepared baked goods or confections,
natural and organic food or beverages, and which may also sell, incidental
to the sale of food products therein, wines and malt beverages, but
not tobacco products, lottery tickets, pharmacy items, toiletries,
personal care products or photographic supplies or services. The term
"retail food establishment," as used herein, shall further comport
with the definition of "establishment" as defined in Chapter 327 of
the Acts of 2008.
Applies to all on-premises liquor licenses (i.e., common victualler,
innholder, and clubs) and all off-premises liquor licenses (i.e.,
retail package stores, supermarkets and convenience stores) (MGL c.
138, §§ 12 and 15).
B.
Legislative authority/compliance with laws, regulations, bylaws and conditions. These regulations are adopted by the Board or Council pursuant to the provisions of the Massachusetts General Laws ("MGL"), Chapters 138 and 140. Any and all licenses issued by the Board or Council shall be governed by, and subject to the licensee's compliance with, all applicable federal, state and local laws, regulations and bylaws, including, but not limited to, the MGL, the regulations of the Alcoholic Beverages Control Commission ("ABCC," at 204 Code of Massachusetts Regulations ("CMR"), these regulations, the Town of Wakefield's bylaws, all applicable building, fire prevention, zoning, health and sanitary codes, and any conditions the Board or Council imposes on specific licenses. Where there is conflict between these regulations and a condition on a license, the condition shall govern unless it is inconsistent with law. The Board or Council reserves the right to modify and supplement these regulations and the conditions on any license after due notice and hearing. (See MGL c. 138, §§ 2, 23, 30H, 62, 64.)
[Amended 11-5-2018 RTM
by Art. 17]
C.
Qualified applicants. No license for the sale of alcoholic beverages shall be issued to any person who is not, at the time of his or her application, a citizen of the United States, or to any agent of any such person, or to any corporation a majority of whose directors are in fact aliens. In addition, persons applying for licenses must be at least 21 years of age and of good character. An applicant for a common victualler or inn holder liquor license must, in addition, be qualified pursuant to § 205-4B of these regulations. An applicant for an off-premises liquor license must, in addition, be qualified pursuant to § 205-5B of these regulations. An applicant for a club liquor license must, in addition, be qualified pursuant to § 205-6B of these regulations. All applicants for any type of liquor license must, in addition, be qualified pursuant to Wakefield Bylaw Chapter 143. (See MGL c. 138, §§ 12, 15, 26, 34 and Wakefield Bylaw Chapter 143.)
D.
Application for a license.
Unless otherwise provided, licenses shall be issued for a twelve-month
calendar year, beginning on January 1. An application for a new license
shall be issued for the remainder of the calendar year. Fees shall
be charged for the entire calendar year even if the license is effective
for only a portion of the calendar year.
All applications must contain complete and truthful information.
Submission of an application containing false information may be cause
for refusing the application or for suspending, canceling or revoking
a license already granted. No application will be accepted for filing
by the Board until it is fully complete in accordance with the Town's
and the ABCC's requirements. Filing fees must be paid prior to
processing of the application by the Board. Annual license fees shall
be payable immediately upon approval of the license by the Board.
All filing fees and license fees shall be paid by cash or check. Filing
fees are non-returnable once an application has been accepted by the
Board. License fees shall not be prorated and are not refundable.
No person or entity shall obtain a license unless the applicant
can demonstrate proof of a legal right to the licensed premises for
the term of the license, such as ownership papers, tenancy documents,
or a management contract.
Applications for a common victualler or innholder liquor license
shall be accompanied by a food and beverages menu (including an alcoholic
beverages menu) and a general description of the operations. Applications
for renewal of such licenses shall be accompanied by a description
of any significant change in operations [such as changes to hours
of food and alcoholic beverages service, and significant changes to
the food and beverages menu (including the alcoholic beverages menu)
and entertainment offerings].
Applications by a common victualler or innholder shall be accompanied by a description of a plan for the control and elimination of litter that complies with Subsection CC.
Where United States citizenship is stated as a qualification
by these regulations, such citizenship shall be proven by a birth
or naturalization certificate or by proof of registered voter status.
The Board reserves the right to request to inspect a copy of such
proof containing an original seal, in the event an applicant supplies
a photocopy not containing such seal.
The Board shall consider the public need and common good in determining whether or not to grant a request for a new liquor license. In considering whether the public need and common good would be served by granting a new license, the Board may consider the number and location of existing licenses, the sort of operation proposed, the qualifications of the applicant and proposed manager, any impact on the community with respect to matters such as noise, traffic, congestion, odors, sanitary and/or nuisance conditions, waste disposal requirements and facilities, parking, dust and fumes, the impact on the character of the neighborhood and the Town, and whether any articulable harm would follow from the granting of the license. The Board may refuse to grant licenses to common victuallers, inn holders and clubs in certain geographic areas of the Town where the character of the neighborhood may warrant such refusal. As part of the licensing application and renewal process, the Board shall seek advisory reports from the Police Department (to include but not limited to the results of adherence to Wakefield Bylaw Chapter 143), Fire Department, Treasurer/Collector, Health Department, Building Department, and Planning Department, as appropriate.
The Board may deny an application for renewal of a license where
there is cause for doing so. Prior to issuing a renewed license, the
Board shall seek advisory reports from the Police Department, Fire
Department, Treasurer/Collector, Health Department, and Building Department.
The applicant's failure to comply with any federal, state
or local law, regulation, or bylaw may be cause for denial of the
application.
[See MGL c. 138, §§ 12, 15, 15A, 16A, 23, 70;
204 CMR 2.01(1), (7) and (8).]
E.
Transfers in ownership or premises and changes to description of
licensed premises. The Board may approve the transfer of a license
to any person or entity who would have been qualified to receive such
license in the first instance, if, in the opinion of the Board, the
transfer is in the public interest. A license may not be transferred
to a new location and the description of the licensed premises may
not be changed except with approval of the Board. (See MGL c. 138,
§ 23.)
F.
Premises' description.
No licensee shall keep for sale, store, or sell alcoholic beverages
in any part of the premises not specified on the license.
No new license shall be issued until an applicant has submitted
to the Board and obtained the Board's approval of a description,
illustration, and/or detailed plan of the premises (drawn to scale
as may be necessary) describing the placement of waiting areas, tables,
chairs, stools, fixed seating, booths, service counters or bars, standing
only areas, entertainment areas, dance floors, kitchen facilities,
bathrooms, hallways, rooms, railing partitions and other barriers,
entrances and exits, and interior doors, and describing the premises'
signage and any other exterior and interior decorations or features.
Applicants must comply with the provisions of the Town of Wakefield's
Sign Bylaws.
Where there are no premises actually in existence at the time
of an application, the applicant shall submit with its application
a detailed description of the premises proposed to be constructed.
A licensee must apply for and obtain the Board's approval
prior to making any a) structural change to the premises, b) change
in Board-approved alcohol service areas, c) physical change that results
in an increase in seating capacity, and d) physical change to the
premises pertaining to the fixed placement of tables, chairs, stools,
fixed seating, booths, service counters or bars, entertainment areas,
dance floors, kitchen facilities, bathrooms, hallways, rooms, railing
partitions and other barriers, entrances and exits, interior doors,
and signage and any other exterior decorations or features. An application
for any such physical change shall be accompanied by a description,
illustration and/or detailed plan (drawn to scale as may be necessary)
describing the premises with such proposed changes.
Subject to their approval by the Board, the Building Commissioner,
the Health Department and the Fire Department shall approve all plans
contemplated by this subsection.
The Board may suspend, cancel or revoke a license in the event
it determines that the licensee constructed or made changes to the
premises in violation of this subsection.
(See MGL c. 138, §§ 2, 12, 15A, 23, 30H.)
G.
Taxes and charges. All taxes and charges owed to the Town must be
paid on a current basis. Failure to make any required payment may
be grounds for denial, suspension or revocation of a license. (See
MGL c. 40, § 57.)
H.
Corporate and trade names. No licensee shall assume obligations for
a licensed premises or conduct business under any corporate or trade
name (DBA) other than that stated on the license. Any change in corporate
name or status or any change in trade name (DBA) from that the Board
previously approved shall require the prior approval of the Board.
I.
Corporate transactions and changes in operations. The licensee shall
not change manager, alternate manager, or corporate directors or officers;
sell or transfer corporate stock, control or ownership interest in
the licensed entity; pledge corporate stock, an ownership interest,
the liquor license, or inventory as security; change the corporate
name; accept a loan or credit from another licensee; or make any significant
change in the operations outside of the scope of the originally approved
license without first obtaining the approval of the Board. No person
may have a direct or indirect beneficial interest in a license without
first obtaining the approval of the Board. (See MGL c. 138, §§ 2,
15A, 23, 25, 26.)
J.
Cessation of operations/permission required. Any licensee intending
to close a place of business or cease sales of alcoholic beverages,
whether on a temporary or permanent basis, must notify the Board in
writing and obtain its prior permission, stating the reason for and
length of such closing or inactivity. Failure to provide such notice
and to obtain such permission may, after hearing or reasonable opportunity
therefor, result in cancellation of the license. (See MGL c. 138,
§§ 23, 77.)
K.
Bankruptcy and court proceedings. The licensee shall immediately
notify the Board in writing of any proceedings brought by or against
the licensee under the bankruptcy laws and of any other court proceedings
which may affect the status of the license.
L.
Foreclosure on loans. Assignment of stock in incorporated licensed
places for the purpose of safeguarding the assignee on loans gives
no right to such assignee to conduct the business of the licensee;
therefore, licensees must notify the Board immediately when the assignee
forecloses under such assignment of stock.
M.
Access to premises, inspections, required documentation on premises,
and requests for information by the Board and its agents.
The Board or its agent, including the Police and other inspectional
departments, may at any time enter upon the premises of the licensee
to ascertain the manner in which the licensee conducts its business
under such license and whether it is in compliance with the conditions
of its license and all applicable federal, state, and local laws,
regulations and bylaws.
Holders of on-premises liquor licenses under §§ 205-3 and 205-5 of these regulations and holders of off-premises liquor licenses under § 205-4 of these regulations shall maintain an employee roster (See Subsection S.) and all documentation required to be kept by such licensees pertaining to the licensee's Safe Service of Alcohol Policy and server training (See Subsections Y and Z, respectively).
Licensees shall supply to the Board or its agent such information
as the Board or its agent may require for purposes of the proper enforcement
of these regulations. Any hindrance imposed by a licensee to an inspection,
or any refusal by a licensee to supply information that is requested
by the Board or its agent pursuant to this section, shall be cause
for action against the license.
(See MGL c. 138, §§ 12, 63, 63A.)
N.
Display of licenses and permits. All licenses and permits issued
by the Town pursuant to these regulations shall be displayed on the
premises in a conspicuous place where they can be easily read. [See
204 CMR 2.01(10).]
O.
Occupancy. No licensee shall vary the occupancy of the licensed premises
as certified by the Building Department. (See MGL c. 138, § 12.)
P.
Hours of operation. The hours of operation shall be restricted to
those set by the Board. No patrons shall be on the premises except
during the hours permitted by the licensee's liquor license,
or by the licensee's common victualler, innholder, club or food
vendor license, if different.
Q.
Manager and alternate managers; responsibilities.
No corporation or other legal entity shall be approved for a
license unless the entity, by vote of its board of directors, has
appointed a manager for the licensed premises whom the Board deems
capable of fulfilling his or her managerial responsibilities as set
forth herein and who is a United States citizen, at least 21 years
of age, and of character satisfactory to the Board, and who has been
vested with full authority and control of the premises and the business
to be licensed as demonstrated by a copy of a vote certified by the
clerk or secretary of the entity. With the approval of the Board or
the Board's designee, a corporation or other legal entity may
appoint an employee (who must be at least 21 years of age) to be in
charge in the absence of the manager. For on-premises liquor licensees,
the manager must be on the premises the lesser of either 50% of the
time the premises are open, or 40 hours per week during operational
hours. For off-premises liquor licensees, the manager must be on the
premises at least 20 hours per week during operational hours. A written
record shall be kept which identifies the employee in charge for each
shift.
The manager shall have total responsibility for the proper operation
of the licensed premises and shall maintain order and decorum within
the premises, whether present or not, and shall cooperate in all ways
with Town officials in ensuring safe and orderly facilities. The manager
shall not permit any illegality, disorder, indecency, prostitution,
lewdness or illegal gambling in or on the premises.
[See 204 CMR 2.01(6).]
R.
Employees on premises after closing hours. A licensee or manager
shall not be prohibited from being on the licensed premises at any
time. Employees, contractors, and subcontractors of the licensee shall
not be prohibited from being on the licensed premises for the purpose
of cleaning, making emergency repairs, providing security for such
premises, preparing food or opening or closing the business in an
orderly manner. (See MGL c. 138, § 12.)
S.
Employee roster and employee minimum age for service of alcohol.
An up-to-date list of all employees, including their ages, shall be
available on the premises at all times for review by the Board and
its authorized agents. A licensee may not permit an employee under
the age of 18 years to handle, sell, mix or serve alcohol. (See MGL
c. 138, § 34.)
T.
Employee consumption prohibited. No manager, alternate manager or
employee of the licensee shall consume any alcoholic beverages while
on duty at the licensed premises, with the exception of minor alcoholic
consumption for staff training and product selection purposes under
the supervision of the manager on duty.
U.
No disorder, disturbance, or illegality on licensed premises. No
licensee shall permit any disorder, disturbance, or illegality of
any kind on the licensed premises. [See 204 CMR 2.05(2).]
V.
Service prohibited to underage and intoxicated individuals. No alcoholic
beverages shall be sold to anyone who is under 21 years of age or
intoxicated. [See MGL c. 138, §§ 34, 69; 204 CMR 2.05(2).]
W.
Identification cards. Licensees may accept as proof of age only those
original documents specified in the most current regulations of the
ABCC and the MGL (See MGL c. 138, § 34B; 204 CMR 2.10.)
X.
Required posting. All licensees shall post conspicuously a copy of
the explanation of the prohibition, and penalties for violation of
the prohibition, applicable to persons under the age of 21 years for
purchasing or attempting to purchase alcohol, misrepresentation of
one's age, and altering, defacing or falsifying identification
with the intent to purchase alcohol, in the form that such posting
is distributed by the Alcoholic Beverages Control Commission. (See
MGL c. 138, § 34A.)
Y.
Safe service of alcohol policy. The licensee shall establish and
maintain a written policy applicable to the manager, any alternate
manager(s) and all employees stating the licensee's prohibition
on the sale or service of alcohol to any person who is under 21 years
of age or who shows signs of intoxication, the proper procedures for
verifying that patrons are at least 21 years of age and not intoxicated,
and the disciplinary measures that will be taken for violating such
policy. The licensee shall provide such written policy to all managerial
personnel and employees. Each manager, alternate manager and employee
shall sign a certification acknowledging the person's receipt,
review, and understanding of the written policy and of the disciplinary
action that will be taken against him or her for a violation, which
certifications shall be maintained on the licensed premises at all
times. A copy of the written policy and of all such certifications
shall be available to the Board and its authorized agents upon demand.
Z.
Server training. All management personnel and employees whose duties
may include the sale or service of alcoholic beverages shall receive
or show proof of certification of safe service of alcohol training
(TIPS, SERVESAFE, or the equivalent) within 30 days of employment.
All such management personnel and employees shall be recertified every
three years. A copy of all certification showing that each such person
has received such training within the prior three years shall be maintained
on the licensed premises and be available for inspection on the licensed
premises at all times. On-line training will satisfy the requirements
of this subsection.
AA.
Charge for alcoholic beverages. No alcoholic beverages shall be sold
for a fee less than the actual cost of the beverage to the licensee
except as specified in MGL c. 138, § 25C(g)(3). 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 except as allowed under
the most current state regulations. (See 204 CMR 2.04, 4.03.)
BB.
Drinking games/donations of alcoholic beverages prohibited.
No licensee shall encourage or permit on the licensed premises
any game or contest which involves drinking or the awarding of drinks
as prizes.
Donations of alcoholic beverages by licensees for the purpose of having the same used as prizes in a game of chance are prohibited. Notwithstanding the foregoing, this subsection does not prohibit donations of alcoholic beverages to the extent permitted by § 205-7D(1) to (4) below.
(See 204 CMR Parts 2.04(2), 4.03(h); 1997 Mass. Acts ch. 153, as amended by 1998 Mass. Acts ch. 450, 2002 Mass. Acts ch. 398, and 2007 Mass. Acts ch. 229.)
CC.
Cleanliness/refuse removal. [Amended 11-5-2018 RTM by Art.
17]
All licensed premises shall be maintained in a clean and sanitary
condition.
All licensees that prepare food for sale or service to the public
shall provide and maintain a sufficient number of closed receptacles,
such as dumpsters, for the storage of all refuse on the premises,
and shall maintain them in accordance with the regulations and conditions
of the Wakefield Health Department, Department of Public Works, and Town
Council. All refuse generated by such licensees on the licensed premises
shall be stored in such covered receptacles. The covered receptacles
shall be constructed and maintained so that refuse is kept within
the receptacle and is not blown or otherwise removed from it by wind,
animals or other cause, other than for removal by authorized persons.
All restaurants and commercial establishments that prepare food
for consumption on or off the premises shall provide for the removal
of all refuse from the premises during each day of operation, and
shall not permit refuse to remain on the premises for more than 24
hours. All other licensees shall remove refuse a minimum of twice
each week, and more often if necessary to prevent any nuisance conditions.
[See 204 CMR 2.05(8).]
DD.
Noise. All licensees shall limit the noise generated by their business,
including, but not limited to, with respect to entertainment, outdoor
seating areas, exterior fans, vents and equipment, and delivery and
loading areas and activity, in order to avoid creating a nuisance.
EE.
Interior lighting. All licensees shall keep the licensed premises
lighted in a manner sufficient for the safety of the patrons and in
a manner sufficient for the Board or its agents to make observations
at the premises without the need to identify themselves or seek assistance.
[See 204 CMR 2.05(10).]
FF.
Discrimination prohibited. No licensee shall engage in unlawful discrimination
on the basis of race, color, national origin, creed, disability, sex,
sexual orientation, or ancestry. (See MGL c. 272, §§ 92A,
98; 204 CMR 10.01.)
GG.
Sanctions.
The Chief of Police and/or Health Director may initiate alcohol
compliance checks at any establishment at any time using ABCC's
compliance check guidelines. Refusal to cooperate with a police officer
designated by the Chief of Police, or a Health Department employee
designated by the Health Director, to perform compliance checks will
be considered a violation of this policy. In the event that the Board
finds, after hearing or reasonable opportunity therefor, that a licensee
has failed to comply with any federal, state or local law, regulation
or bylaw, or with any condition imposed on the license, the Board
shall take such action as it deems appropriate. The following penalties
represent guidelines for action to be taken by the Board for violations
by on-premises or off-premises licensees of the Board's rules
and regulations or the General Laws:
(1)
First offense: warning to two consecutive days' suspension of
license.
(2)
Second offense (occurring within two years of previous violation):
three to seven consecutive days' suspension of license.
(3)
Third and subsequent offenses (occurring within two years of any
previous violations): seven or more consecutive days' suspension
or revocation of license.
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In determining the appropriate sanction to be imposed on the
licensee, the Board shall consider all factors it deems relevant,
which may include, but are not limited to: the past history of findings
of violation(s); the severity of the offense and egregiousness of
the facts found; the culpability of the licensee and/or its manager(s),
employee(s) and agent(s) (including the extent to which it had established
and followed procedures to prevent such violations); the extent of
any threat to public safety and to the public good; any steps by the
licensee to remedy the violation and to prevent any reoccurrence;
and any other additional factors deemed relevant by the Board.
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In addition to the foregoing, where the Board finds that a common
victualler, innholder or club liquor licensee sold alcohol to an under-aged
or intoxicated person, the Board may, in its discretion, require as
a condition precedent to any modification, reinstatement, or renewal
of such license, that if the licensee is required to obtain insurance
under MGL c. 138, § 12, the limits of such insurance may
be increased.
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[See MGL c. 138, §§ 2, 12, 16A, 23, 30H, 64,
64A, 65; 204 CMR 2.01(8), 7.06.]
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(MGL c. 138, § 12.)
A.
Applicability of Town liquor regulations. All licenses issued by the Board under this section are subject to and conditioned on compliance with the regulations contained in this section and in § 205-3.
B.
Qualified applicants. No license shall be issued to any applicant who has been convicted of a violation of a federal or state narcotics law. No license shall be issued to any applicant who is not qualified to receive one pursuant to § 205-3C of these regulations. (See MGL c. 138, § 12.)
C.
Required insurance. No license shall be issued or renewed until the
applicant provides proof of coverage, under a liquor legal liability
insurance policy for bodily injury or death, for the minimum amount
of coverage prescribed by the most current state law or, if none is
prescribed, then as ordered by the Board. Proof shall be made by filing
a certificate of insurance in a form acceptable to the Board. (See
MGL c. 138, § 12.)
D.
Service and consumption limited to approved areas/outdoor seating.
The service and consumption of alcoholic beverages shall be
limited to those dining rooms, patios, sidewalks or other public areas
pertaining to the premises that are approved by the Board.
The Board may, upon written application and after notice and
hearing, grant, upon such terms and conditions as it determines to
be necessary and desirable, the right to use the outdoor portion of
the licensed premises (such as patios and other outdoor areas), and/or
a portion of a Town sidewalk, that is contiguous to the licensed premises
for outside seating for patrons. In considering requests for outdoor
service areas, the Board shall evaluate whether or not the proposed
outdoor dining is safe and sanitary and whether or not it would create
a public nuisance. In these regards, the Board may consider factors
including, but not limited to, the type of neighborhood at issue,
the potential for noise in the environs, any impact on the flow of
pedestrian traffic on the public sidewalk, and the handling of waste
and spills. Prior to issuing such a grant, the Board shall seek advisory
reports from the Planning Department, Building Commissioner, Police
Department, Health Department, Fire Department, and Commissioner of
Public Works, as appropriate. No such grant shall be for more than
six months in any license year. No such grant shall extend beyond
the term of the license. The Board may revoke any such grant if the
exercise of the grant interferes with the public safety and convenience.
In the event of a request to extend the licensed premises to a portion
of a Town sidewalk, the applicant must also apply for and receive
a permit for such extension from the Town's Department of Public
Works.
Town-licensed establishments that have outdoor seating must
comply with all Town bylaws, regulations, rules and conditions. Establishments
that are considering offering outdoor seating must so inform the Board
in writing.
An application to extend the licensed premises outside of the
licensed establishment shall describe the area in detail, including
the dimensions, the number of tables and chairs, any bar(s), cooking
and food preparation and/or storage area, and the occupancy figures
for inside and outside service areas. Approval for such outdoor areas
will be given only upon proof supplied by the applicant that the licensee
has sufficient control of the area to prevent service or delivery
of alcoholic beverages to underaged or intoxicated persons and other
violations. Such outdoor areas must be enclosed by a fence, rope or
other means to prevent patrons or members of the public from wandering
in or out. Adequate exits to the public way from the outdoor area
must be maintained at all times; in no case shall patrons be required
to re-enter the building in order to exit in an emergency situation.
The licensee should have a view of the outside premises from inside
the premises. Egress from the inside to the outside must be clearly
established to assure safe, uninterrupted service of alcoholic beverages.
The outdoor area must not impede egress from the facility. Existing
restroom facilities must be adequate to not only service the existing
facility but the additional patrons in the outside seating area as
well. Outdoor service may occur only to patrons who are seated at
tables where food is also available.
No alcoholic beverages shall be served or consumed in any areas
of the premises that are not included in the approved description
of the licensed premises.
(See MGL c. 138, § 12; ABCC's "Guidelines for
Extension of Premises to Patio and Outdoor Areas.")
E.
Food service required/examination of premises.
Licenses issued under this section may be issued only to duly
licensed common victuallers and innholders that have adequate and
sanitary kitchen and dining room equipment and capacity for preparing,
cooking and serving suitable food for strangers, travelers and other
patrons, as required by Chapter 140 of the Massachusetts General Laws.
All establishments must also obtain applicable permits from the Health
Department. The Board shall not grant any license under this section
until after it or its authorized agent has conducted an examination
of the premises and determined that the business satisfies the requirements
for a restaurant or innholder. No license shall be renewed unless
the licensee has satisfied the Board that it is in good faith operating
a restaurant and has the proper equipment for the service of food.
Food service shall be available and offered in all areas and
seats where alcoholic beverages are served except in an approved waiting
area. Alcoholic beverages may be served to individuals in approved
waiting areas.
The manager on duty shall bear ultimate responsibility for the
strict enforcement of food and beverage service regulations, including,
without limitation, assuring that no patron is over-served alcohol
and that no alcohol is served to or consumed by underage persons.
For the purposes of these regulations, the term "food service"
shall be defined by state regulation 105 CMR 590.000.
(See MGL c. 138, §§ 12, 12A.)
F.
Service of alcoholic beverages limited. No licensee may offer to
sell or deliver alcoholic beverages by the pitcher or carafe, with
the exception of pitchers or carafes of malt or wine beverages served
to two or more persons at one time. With the exception of malt and
wine beverages, no alcoholic beverages shall be served in any container
or glass, the capacity of which is in excess of 16 fluid ounces. No
more than one alcoholic beverage drink shall be served to a patron
at one time for his or her own consumption. (See 204 CMR 4.04.)
G.
Service and consumption of alcoholic beverages on premises.
All alcoholic beverages shall be served directly to the patron in open containers by employees of the licensed establishment who are qualified pursuant to § 205-3Z. No patron shall be allowed to bring alcoholic beverages on the licensed premises for the purpose of consumption on such licensed premises.
The licensee may permit a patron who purchases a bottle of wine
with a meal to take from the licensed premises the unconsumed portion
of one bottle of wine, provided that:
(1)
The licensee securely reseals the bottle.
(2)
The bottle is placed in a one-time use tamper-proof transparent bag
that insures that the patrons cannot gain access to the bottle while
in transit after the bag is sealed.
(3)
The bag is securely sealed.
(4)
A receipt showing the purchase of the meal and the bottle of wine
is provided to the patron and affixed to the bag.
H.
Hours for sale of alcoholic beverages and operation.
The Board shall set a licensee's opening and closing hours
based on the public need and the common good consistent with the law.
In no event shall the Board set an opening hour earlier than 10:00
a.m. on Sundays and 8:00 a.m. on all other days and a closing hour
later than 1:00 a.m., unless otherwise approved by the Board. The
hours for the sale and service of alcoholic beverages shall be further
restricted to the hours during which food service is available, with
the exception of the last hour before the closing hour that is stated
on the liquor license.
"Last call" (a final opportunity to purchase alcoholic beverages)
shall be at least 1/2 hour prior to the closing hour.
No alcohol shall be consumed on the premises after the closing
hour stated on the license. No patrons shall be on the premises more
than 15 minutes after the stated closing hour. All tables and bars
must be cleared of all glasses, bottles and containers containing
alcoholic beverages within 1/2 hour after the closing hour.
(See MGL c. 138, §§ 12, 33, 33A.)
I.
Bar seats limited. With respect to applications for a new liquor license or for a change to the premises, the ratio of bar seats to table seats is subject to the review and approval of the Board. In connection with such applications, the Building Commissioner shall bring to the Board's attention a proposal, description, illustration, and/or detailed plan of a premises submitted pursuant to § 205-3F that evidences a ratio of more than one bar seat per 10 table seats.
J.
Tastings. A licensee may provide on premises tastings of sample wine
(up to one-ounce serving), malt (up to two-ounce serving), or other
alcohol (up to one-quarter-ounce serving) if served with food and
the licensee does not solicit orders for off-premises consumption.
(See MGL c. 138, § 12.)
K.
Price schedules. Licensees shall maintain a price schedule showing
charges for all drinks and shall make sales at the prices stated.
[See 204 CMR 2.02(1), 4.02.]
L.
Required posting.
All licensees shall post conspicuously a copy of the penalties
set forth in MGL c. 90, § 24(1) for operating a motor vehicle
under the influence of alcohol in the form that such posting is distributed
by the Alcoholic Beverages Control Commission.
Licensees shall maintain a written list of the telephone numbers
of local taxicab companies next to the public telephone. If there
is no public telephone, the list should be available for patrons when
requested.
(See MGL c. 138, § 34D.)
M.
Clear view of premises' interior. No advertising matter, screen,
curtain, or other obstruction which, in the opinion of the Board,
prevents a clear view of the interior of the licensed premises from
outside the premises shall be maintained in or on any window or door
thereof after the Board has ordered the removal of such obstruction
and has afforded the licensee a reasonable opportunity to comply.
(See MGL c. 138, § 1.)
N.
Special additional rules for common victuallers without a license
to serve alcoholic beverages. Patrons are not permitted to bring alcoholic
beverages on the premises for their own consumption. Licensees are
not permitted to keep alcoholic beverages on the premises except for
a reasonably small quantity that is used in the preparation of certain
specialty foods.
(MGL c. 138, § 15)
A.
Applicability of Town liquor regulations. All licenses issued by the Board under this section are subject to and conditioned on compliance with the regulations contained in this section and in § 205-3.
B.
Qualified applicants - prior convictions/citizenship/residency. The Board shall not grant any license under this section to an applicant who has been convicted of a felony. In addition to the qualification requirements set forth in § 205-3C of these regulations, an applicant for an off-premises liquor license under this section must be a resident of Massachusetts, or a partnership composed solely of citizens and residents, or a corporation organized under Massachusetts laws of which all directors are citizens and a majority are residents of Massachusetts, or a limited-liability company organized under Massachusetts law. (See MGL c. 138, § 15.)
C.
Limitation on licensed premises. No premises licensed under this
section shall have direct, physical access to premises that are licensed
as a common victualler, innholder, or club to sell alcoholic beverages.
D.
License number limitation. No person, firm, corporation, association,
or other combination of persons, directly or indirectly, shall be
granted more than one off-premises liquor license in Wakefield, nor
will they be allowed to exceed limits set by the most current state
law. (See MGL c. 138, § 15.)
E.
Hours and days of sales. The Board shall set a licensee's opening
and closing hours based on public need and common good, and consistent
with the most current state law. [See MGL c. 138, §§ 15,
33; MGL c. 136, §§ 5 and 6(52).]
F.
Prohibition on exposing alcoholic beverages for sale during non-licensed
hours. No business with an off-premises liquor license shall expose
alcoholic beverages for sale during hours or days when it is not licensed
to sell alcoholic beverages.
G.
Consumption on premises prohibited except sample tastings. No alcoholic
beverages shall be sold to be consumed on the premises, except that
licensees may provide without charge on their premises sample wine
or malt beverage tasting of products available for sale on their premises.
Each "taste" shall be limited to one ounce of wine or two ounces of
malt beverage, and, if licensed for tastings of cordials and liqueurs
and other alcoholic beverages, 1/4 ounce of such other beverage. (See
MGL c. 138, § 15.)
H.
Posting of prices/original packaging. 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 price charged
to customers. Sales by licensees shall be made only in the original
package of the manufacturer, wholesaler or importer. (See MGL c. 138,
§ 15.)
I.
Posting of penalties for operating while drinking from open container.
Every licensee shall post conspicuously a copy of the penalties set
forth in MGL c. 90, § 24(1), for operating a motor vehicle
while drinking from an open container in the form that such posting
is distributed by the Alcoholic Beverages Control Commission. (See
MGL c. 138, § 34D.)
J.
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 was delivered, the date and time of delivery, and the signature of the person receiving the delivery. Such records shall be maintained for a period of not less than one year and must be available for inspection by the Board and its authorized agents at all times. All deliveries shall be made in vehicles permitted by the Alcoholic Beverages Control Commission and by persons at least 18 years of age who have received training and certification as required by § 205-3Z above. The person in charge of such vehicle used for delivery shall carry an invoice or sales slip stating the name(s) and address(es) of the purchaser(s), the date and amount of the purchase, and an itemization of the number of containers of each kind, the quantities, and the brands of the alcoholic beverages purchased. Verification pursuant to § 205-3Z above that the person receiving the delivery is at least 21 years of age must be made prior to delivery. [See MGL c. 138, § 22; 204 CMR 2.05(3).]
(MGL c. 138, § 15)
A.
Applicability of Town liquor regulations. All licenses issued by the Board under this section are subject to and conditioned on compliance with the regulations contained in this section and in § 205-3, and, in addition, with the following regulations contained in § 205-4 ("common victuallers and innholders"): § 205-4B ("Qualified applicants"), § 205-4C ("Required insurance"), § 205-4D ("Service and consumption Limited to Approved Areas/Outdoor Seating"), § 205-4E ("Service of alcoholic beverages limited"), § 205-4K ("Price schedules"), § 205-4L ("Required posting"), and § 205-4M ("Clear view of premises' interior").
B.
Qualified applicants. No license shall be issued to any applicant who has been convicted of a violation of a federal or state narcotics law. No license shall be issued to any applicant who is not qualified to receive one pursuant to § 205-3C of these regulations. (See MGL c. 138, § 12.)
C.
Hours for sale of alcoholic beverages and operation.
The Board shall set a licensee's opening and closing hours
based on the public need and the common good consistent with the law.
In no event shall the Board set an opening hour earlier than 10:00
a.m. on Sundays and 8:00 a.m. on all other days and a closing hour
later than 1:00 a.m., unless otherwise approved by the Board.
"Last call" (a final opportunity to purchase alcoholic beverages)
shall be at least 1/2 hour prior to the closing hour. All patrons
must be off the premises by the closing hour. All tables and bars
must be cleared of all glasses, bottles and containers containing
alcoholic beverages within 1/2 hour after the closing hour.
Licensees shall maintain a written list of the telephone numbers
of local taxicab companies next to the public telephone. If there
is no public telephone, the list should be available for patrons when
requested.
(See MGL c. 138, §§ 12, 33, 33A.)
D.
Service and consumption of alcoholic beverages on premises. All alcoholic
beverages shall be served in open containers by wait or bartender
staff of the licensed establishment directly to the patron. No alcoholic
beverages served on the premises shall be allowed to be removed from
the premises, except as permitted by 204 CMR 2.18. No patron shall
be allowed to bring alcoholic beverages on the licensed premises for
the purpose of consumption on such licensed premises. (See MGL c.
138, § 1.)
E.
Only members and guests to be served. Only members and their properly
registered guests shall be served alcoholic beverages.
A.
Applicability of Town liquor regulations. Unless otherwise specified, all licenses and permits issued by the Board under this section are subject to and conditioned on compliance with the regulations contained in this section, and, in addition, with the following regulations contained in § 205-3 ("general") and § 205-4 ("common victualler and innholder licenses"): § 205-3B ("Legislative authority/compliance with laws, regulations, bylaws and conditions"), § 205-3C ("Qualified applicants") (except that U.S. citizenship requirements are applicable to applicants for Section 14 temporary licenses and farmer-winery licenses only), § 205-3M ("Access to premises, inspections, required documentation on premises, and requests for information by the Board and its agents"), § 205-3N ("Display of licenses and permits"), § 205-3O ("Occupancy"), § 205-3T ("Employee consumption prohibited"), § 205-3U ("No disorder, disturbance, or illegality on licensed premises"), § 205-3V ("Service prohibited to certain individuals"), § 205-3W ("Identification cards"), § 205-3AA ("Charge for alcoholic beverages"), § 205-3EE ("Interior lighting"), § 205-3FF ("Discrimination Prohibited"), and § 205-4F ("Service of alcoholic beverages limited").
B.
Section 14 temporary licenses to sell alcohol.
Pursuant to MGL c. 138, § 14, the Board may grant
a temporary license a) to the responsible manager of any non-profit
organization conducting any indoor or outdoor activity or enterprise,
for the sale of all alcoholic beverages or of wine and malt beverages
only, or either of them, b) to the responsible manager of any indoor
or outdoor activity or enterprise, for the sale of wine and malt beverages
only, or either of them, or c) for the sale of wine and malt beverages
in the dining halls maintained by private educational institutions.
(Hereinafter, licenses issued pursuant to this subsection are referred
to as "Section 14 temporary licenses.")
A Section 14 temporary license may not be granted to a person who has a pending application for a liquor license as a common victualler, innholder, or club under § 205-4 or § 205-6, or for any premises that already has a liquor license under § 205-4 or § 205-6 in effect for the time period for which the Section 14 temporary license is sought.
No Section 14 temporary license shall permit sales on more than
30 days, nor may any person or organization be granted Section 14
temporary licenses permitting sales on an aggregate of more than 30
days in any calendar year.
The Board shall fix and shall specify on the license the hours
during which a Section 14 temporary licensee may sell or furnish alcohol,
but in no event shall a Section 14 temporary licensee sell or deliver
alcoholic beverages between the hours of 1:00 a.m. and 8:00 a.m. or
the hours specified on the temporary license.
(See MGL c. 138, §§ 14, 26; 204 CMR 7.02, 7.03,
7.04.)
C.
Section 15F farmer-winery temporary licenses. Pursuant to MGL c.
138, § 15F, the Board may issue to an applicant authorized
to operate a farmer-winery under MGL c. 138, § 19B, or in
any other state, a temporary license for the sale of wine produced
by or for the licensee in sealed containers for off-premises consumption
at an indoor or outdoor agricultural event ("farmer-winery license").
A farmer-winery license may be granted for an indoor or outdoor agricultural
event that takes place on multiple dates and/or times during a single
calendar year, but no such license shall be granted for an agricultural
event that will not take place within one calendar year. Such licenses
shall be non-transferable and shall clearly be marked non-transferable
on the face. (See MGL c. 138, § 15F.)
D.
Licenses for the sale of wine for charitable purposes and/or at auction.
To the extent permitted by 1997 Mass. Acts ch. 153, as amended, the
Board may issue the following temporary licenses for the sale of alcoholic
beverages:
(1)
Sales by charities of donated wine to be consumed on premises: For the sale of wine to be consumed on the premises, to applicants which are nonprofit charitable corporations organized under Chapter 180 of the Massachusetts General Laws and registered with the Public Charities Division of the Office of the Attorney General. Any wine sold under this Subsection shall be donated at no charge to the licensee, and all proceeds shall be used for the licensee's charitable purposes. Any wine so donated may be dispensed by the employees or agents of the donor(s) of the wine, without compensation for the dispensing services provided. The licensed premises must be either the principal place of business or headquarters of the applicant which is legally zoned to allow such sales, or the premises of a common victualler, innholder or club liquor licensee licensed pursuant to § 205-4 or § 205-6 above. No such temporary license shall be for a duration of more than 10 consecutive calendar days, and no holder shall be granted more than two such licenses in a calendar year. The fee charged shall not exceed the minimum fee established for holders of licenses to sell wine. The hours shall be as set by the Board, but in any event shall be limited to those permitted by § 205-4H. (See Section 3 of 1997 Mass. Acts ch. 153, as amended by 1998 Mass. Acts ch. 450, 2002 Mass. Acts ch. 398, 2007 Mass. Acts ch. 229.)
(2)
Joint sales by a charity together with a common victualler, innholder, and/or club primarily for charitable purposes of wine to be consumed on the premises. For the sale of wine to be consumed on the premises, to joint applicants which consist of one or more nonprofit charitable corporations organized under Chapter 180 of the Massachusetts General Laws and registered with the Public Charities Division of the Office of the Attorney General together with a common victualler, innholder or club liquor licensee licensed pursuant to § 205-4 or § 205-6 above. Any wine sold under this subsection may be donated at no charge to the licensee. A majority of the proceeds from such sales shall be used for the nonprofit charitable corporation licensee's charitable purposes. Any wine sold under this subsection may be dispensed by the employees or agents of the donor of the wine, without compensation for the dispensing services provided. The licensed premises must be the premises of the joint applicant that is a common victualler, innholder or club liquor licensee. No such temporary license shall be for a duration of more than 10 consecutive calendar days and no holder shall be granted more than 20 such licenses in a calendar year. The fee charged shall not exceed the minimum fee established for holders of licenses to sell wine. The hours shall be as set by the Board, but in any event shall be limited to those permitted by § 205-4H. (See Section 4 of 1997 Mass. Acts ch. 153, as amended by 1998 Mass. Acts ch. 450, 2002 Mass. Acts ch. 398, 2007 Mass. Acts ch. 229.)
(3)
Auctions by charities of donated wine to be consumed off premises. For the sale at auction of wine not to be consumed on the premises, to applicants which are nonprofit charitable organizations organized under Chapter 180 of the Massachusetts General Laws and registered with the Public Charities Division of the Office of the Attorney General. Any wine sold under this subsection shall be donated at no charge to the licensee, and all proceeds shall be used for the licensee's charitable purposes. The licensed premises must be either the principal place of business or headquarters of the applicant that is legally zoned to allow such sales or a location owned or leased by the applicant from which the applicant regularly conducts business that is legally zoned to allow such sales, or the premises of a common victualler, innholder, club or retail package store liquor licensee licensed pursuant to § 205-4, § 205-5 or § 205-6 above. No such temporary license shall be for a duration of more than 10 consecutive calendar days and no holder shall be granted more than five such licenses in a calendar year. The fee charged shall not exceed the minimum fee established for holders of licenses to sell wine. The hours shall be as set by the Board but in any event shall be limited to those permitted by § 205-4H. (See Section 1 of 1997 Mass. Acts ch. 153, as amended by 1998 Mass. Acts ch. 450, 2002 Mass. Acts ch. 398, 2007 Mass. Acts ch. 229.)
(4)
Auctions by retail package stores of wine to be consumed off premises. For the sale at auction of wine not to be consumed on the premises, to applicants which are off-premises liquor licensees licensed pursuant to § 205-5 above. The licensed premises must be either the principal place of business or headquarters of the applicant that is legally zoned to allow such sales, or the premises of a common victualler, innholder, club or retail package store liquor licensee licensed pursuant to § 205-4, § 205-5 or § 205-6 above. No such temporary license shall be for a duration of more than 10 consecutive calendar days, and no holder shall be granted more than two such licenses in a calendar year. The fee charged shall not exceed the minimum fee established for holders of licenses to sell wine. The hours shall be as set by the Board but in any event shall be limited to those permitted by § 204-5E. [See Section 2 of 1997 Mass. Acts ch. 153, as amended by 1998 Mass. Acts ch. 450, 2002 Mass. Acts ch. 398, 2007 Mass. Acts ch. 229 (containing sunset date of January 1, 2013), and as may be further amended.]
E.
Hours and days of sales or delivery. The hours and days of sales or delivery of alcoholic beverages under any license or permit issued pursuant to this section are subject to Board approval based on the public need and common good. See Subsections B through D and Subsection L for further limitations applicable to specific types of licenses and permits. (See MGL c. 138, § 23.)
F.
On-site responsible manager/responsible individual. A responsible
manager who is at least 21 years of age shall be physically present
on the premises at all times during the day(s) and hours for which
a license, or permit is sought and granted pursuant to this section.
He or she shall be responsible for ensuring compliance with all applicable
federal, state and local laws, regulations, bylaws and conditions
of the license, including, but not limited to, compliance with the
prohibition against sale or delivery of alcoholic beverages to persons
who are under the age of 21 years old or intoxicated. In addition,
the responsible manager shall be responsible for maintaining order
and decorum upon the licensed premises. In the alternative, a licensee
may designate any individual who is at least 21 years of age to fulfill
the responsibilities of the responsible manager. (Hereinafter, such
designee is referred to as the "responsible individual.") (See MGL
c. 138, § 14.)
G.
Minimum age for service of alcohol/service to intoxicated persons.
No licensee under this section shall permit sales or service of alcoholic
beverages to persons under the age of 21 years old or who are intoxicated.
(See MGL c. 138, §§ 2, 30H, 34, 69.)
H.
Applications/fees.
All applications for licenses and permits under this section
must contain complete and truthful information. Submission of an application
containing false information shall be cause for refusing the application
or for suspending, canceling or revoking a license or permit already
granted. No application will be accepted for filing by the Board until
it is fully complete. Fees shall be payable immediately upon approval
of the license or permit by the Board.
Applications for licenses and permits under this section shall
be in writing stating, as for each person who will be selling or serving
alcohol, the person's age and whether or not the person has received
training on the safe service of alcohol, with a description of the
training received and the date of training. Applications shall be
accompanied by documentation of the training of each person(s) selling
or serving alcohol. Applications shall also be accompanied by a description
of the portion(s) of the premises where the sale, storage and/or furnishing
of alcoholic beverages will take place, including a specification
and description of all indoor and any outdoor portion(s) of the premises
(e.g., in the case of a function, table areas, bars, dance floors,
tented areas, etc.; in the case of an agricultural event, the specific
premises).
An application shall identify 1) the name of the responsible
manager of the requesting organization or enterprise, and, if different,
the responsible individual, 2) the responsible manager's and
any responsible individual's twenty-four-hour contact information,
and 3) the date of birth of the responsible manager and any responsible
individual. The Board may, at its discretion, require the filing of
references as part of the application. The United States citizenship
of an applicant for a Section 14 temporary license or farmer-winery
license shall be proven by a birth or naturalization certificate or
by proof of registered voter status.
In the event that the application is for a license or permit
to sell or furnish alcoholic beverages on Town property, the application
shall be accompanied by proof that the applicant has the permission
of any municipal board, agency or department that has jurisdiction
over the Town property to use the Town property for such purpose.
In addition, the application shall be accompanied by proof of the
existence of a general liability policy in effect during all days
and times for which a license or permit is sought, naming the Town
as an additional insured (and, if any general liability policy in
effect exempts alcohol-related incidents or occurrences, a liquor
liability policy naming the Town as an additional insured), in a form
and for an amount approved by the Town. In addition, the applicant
must sign an agreement absolving the Town, its officials, officers,
and employees from all liability in connection with the proposed use,
agreeing to indemnify the Town for any damage to the Town's personal
and real property resulting from the use, and agreeing to indemnify
the Town for any expenses the Town incurs in restoring the property
to its condition prior to the use (in excess of any routine cleaning
and maintenance service the Town would ordinarily have performed irrespective
of the use).
Applications for farmer-winery licenses under Subsection C above shall be accompanied by proof of certification from the Massachusetts Department of Agricultural Resources that the event is an agricultural event.
All applications shall be accompanied by a fee in an amount
determined by the Board.
The Board reserves the right to decline to consider any application
filed later than 21 days before the proposed sale or delivery of alcoholic
beverages.
[See MGL c. 138, §§ 14, 15F, 70; 204 CMR2.01(1).]
I.
Premises description. No licensee under this section shall keep for
sale, sell, store or furnish alcoholic beverages in any part of the
premises not specified on the license or permit. The Board shall specify
on the license or permit the specific premises covered by the license
or permit. (See MGL c. 138, §§ 2, 15F, 30H.)
J.
Tastings. Tastings offered by farmer-winery licensees shall be offered
free of charge, may be delivered only to persons at least 21 years
of age by persons at least 18 years of age, and shall be consumed
in the presence of the licensee's employee, agent, representative
or solicitor. Tastings offered by farmer-winery licensees shall not
exceed one ounce of wine, and no more than five samples shall be served
to an individual prospective customer. All other licensees under this
section are prohibited from offering tastings. [See 204 CMR 4.03(1);
MGL c. 138, §§ 12, 15, 15F (restricting tastings).]
K.
Section 14 temporary licenses - authorized suppliers. No Section
14 temporary licensee may sell alcoholic beverages other than those
purchased from an ABCC-licensed wholesaler or importer under MGL c.
138, § 18, an ABCC-licensed manufacturer under MGL c. 138,
§ 19, an ABCC-licensed farmer-winery under MGL c. 138, § 19B,
an ABCC-licensed farmer-brewery under MGL c. 138, § 19C,
or such other person or entity who has received from the ABCC a permit
to sell alcohol under MGL c. 138, § 22A. (See 204 CMR 7.05.)
L.
Compliance with Bylaws, policies, procedures and guidelines applicable
to Town property. All licensees under this section who are using Town
property shall abide by all applicable Town bylaws, policies, procedures,
guidelines and conditions of any municipal board, commission, agency
or department with jurisdiction over the property, including any applicable
Department of Public Works policies and Police Department guidelines
pertaining to the application process, applicable fees, use of the
property and conduct of licensees and their customers or guests. (See
Town of Wakefield Bylaws.)
M.
Board discretion to deny application to use Town property. The granting
or denial of a license or permit under this section is within the
sole discretion of the Board. Without limiting the generality of the
foregoing, the Board may deny a request for a license or permit under
this section if, in its opinion and after proper investigation, it
appears that a public disturbance or annoyance may be created thereby,
or that the public welfare, convenience or necessity will not be served
thereby, or if it is not satisfied that the applicant will comply
with applicable state and local laws, regulations, bylaws, or conditions
on the license or permission, or applicable Town policies, procedures
or guidelines. (See Town of Wakefield Bylaws.)
N.
Sanctions. Whenever the Board determines that a licensee under this
section has failed to comply with applicable federal, state or local
laws, regulations or bylaws or conditions on the license or permit,
the Board may refuse to issue or reissue to any applicant a license
or permit and it may modify, suspend, cancel or revoke a license or
permit already granted (in the case of farmer-winery and Section 14
temporary licenses, only after a hearing or the opportunity therefor),
and shall mail notice of such modification, suspension, cancellation
or revocation to the licensee. (See MGL c. 138, §§ 2,
23, 30H, 64; 204 CMR 7.06.)
