[HISTORY: Adopted by the Town Meeting of the Town of Dartmouth as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-22-1975, approved 1-26-1976; amended 5-25-1982, approved 9-7-1982; 5-15-2001, approved 8-15-2001 (Art. 75 of the 2011 General By-Laws)]
[Amended 6-7-2011, approved 9-15-2011]
Unless otherwise allowed by permit duly issued by the Select Board, consuming alcoholic beverages (as defined by Chapter 138 of the Massachusetts General Laws) or possessing alcoholic beverages in any container which has been opened, or has the seal broken, or the contents of which have been partially removed, while in or upon any public way, public parking lot, any school building or school grounds, library grounds, public park, public playground, conservation area, cemetery, municipal building and the grounds appurtenant, or public boat launching or landing area is prohibited. All alcoholic beverages used in violation of this By-Law shall be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court.
Nothing herein shall be construed to prohibit the duly licensed use and consumption of alcoholic beverages as provided by law or the use and consumption of said alcoholic beverages in or upon private properties or dwellings as may be permitted by law. Any permit issued by the Select Board for the consumption of alcoholic beverages on, about or in public ways, property or buildings shall be valid for a single day only and shall not be issued unless and until the applicant for the same provides documented evidence to the Select Board that sufficient insurance, but in no instance with coverage of less than $1,000,000, has been obtained that indemnifies and holds harmless the Town and its officials and employees from any damages resulting from the any activities undertaken pursuant to said permit.
Any person convicted for violation of any provision of this By-Law shall be punished by a fine not to exceed $300 for each offense.
[Adopted 10-29-1996, approved 2-13-1997; amended 6-7-2011, approved 9-15-2011 (§ 61.3 of the 2011 General By-Laws)]
All applicants and licensees, seeking or holding a yearly or one-day All Alcohol, including Seasonal, Special or Beer and Wine License shall participate in a program designed to train employees in either package sales or pouring in methods of observation and detection to avoid selling to intoxicated persons and/or minors. Said program shall be based on the type of license issued, i.e. package sales or pouring.
All persons employed by a license holder who will sell or serve alcohol shall be required to participate in a program based on the type of license issued. Establishments will have three months to comply with this By-Law from the date of its adoption by the Town. After that time period, any new employees will have 30 days (or such greater period as the Select Board, from time to time, may establish) from the date of employment to complete a qualified training program.
The training program must be insurance certified and offered by certified trainers. Said program should include all aspects of training including education of Massachusetts State Laws pertaining to delivery and sale of alcohol, the chemistry of alcohol, alcohol absorption rate factors, behavioral clues in identifying problem drinkers and also application of intervention methods. A certified program is one or more programs approved by the Select Board as the Licensing Board.
All establishments must maintain in an accessible location, a roster of trained personnel. An updated roster shall be submitted with the annual application for license renewal. The roster shall include:
All personnel shall be required to be re-certified every three years.
Failure to comply with this By-Law may result in revocation of license or denial of issuance of a license. Any licensee violating this By-Law may also be subject to a fine not to exceed $100.