[HISTORY: Adopted by the Licensing Authority of the Town of Barnstable 10-17-2016. Amendments noted where applicable.]
A common victualler license is issued under MGL c. 140, § 2, by the Licensing Authority on an annual basis, and a common victualler is a food service establishment with seats for patrons.
Every food service establishment in the Town of Barnstable with capabilities for cooking, preparing and serving food, with seating and/or eating on the premises, is required to have a common victualler license.
All common victualler licensees must have kitchen facilities at a standard determined by the Board of Health.
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. The Licensing Authority will, in its discretion, determine what is reasonable for this purpose and whether or not it is customary in the preparation of such specialty foods.
Reasonable food service, with suitable food, must be available upon the request of a patron at a premises with a common victualler license during all operating hours.
The full dining room menu must be available at least 75% of the operating hours. The Licensing Authority will, in its discretion, determine what is reasonable food service based upon the Licensing Authority's intent on granting the license.
Any minimum requirement for a nonalcoholic beverage shall be clearly and conspicuously posted.
Premises licensed for the consumption of food or beverages at the premises are public places where members of the public are invited and expect to be treated in the same manner as in other public places with regard to the provision of a decent and nonoffensive environment. Food and beverage licensees are not permitted to have, create, produce, or tolerate any environment at the premises which is intended to hold any person or any group of people up to ridicule or derision such that said person or said group of persons would not feel comfortable at the premises.