[HISTORY: Adopted by the Licensing Authority of the Town
of Barnstable 10-17-2016. Amendments
noted where applicable.]
A.
"Entertainment" is defined by MGL c. 140, §§ 177A,
181 and 183A, and shall be understood to include all uses listed below:
(1)
Concert.
(2)
Dance.
(3)
Exhibition.
(4)
Cabaret or public show of any description.
(5)
Dancing by patrons.
(6)
Dancing by entertainers or performers.
(7)
Darts.
(8)
Karaoke.
(9)
Recorded or live music.
(10)
Use of an amplification system.
(11)
Theatrical exhibition or play.
(12)
Moving picture show.
(13)
Floor show of any description.
(14)
Light show of any description.
(15)
Other dynamic audio or visual show, whether live or recorded.
(16)
Automatic amusement or gambling device (meaning a mechanism
whereby, upon the deposit of a coin or token, any apparatus is released
or set in motion or put in a position where it may be set in motion
for the purpose of playing any game involving, in whole or in part,
the skill of the playing, including, but not exclusively, such devices
as are commonly known as pinball machines, including free-play pinball
machines).
(17)
Pool tables.
(18)
Ping pong tables.
A.
No entertainment shall be permitted without a valid entertainment
license on the premises.
B.
The type of entertainment shall be specific on the application, and
on any special license request. The following information shall be
included: hours of entertainment, days of the week, description of
the entertainment, use of amplification or not, contact person, and
a program if possible.
C.
No licensee may provide entertainment of any kind unless the licensee
holds an entertainment license issued pursuant to the MGL c. 140,
§ 183A. Such license must be held in the same name, by the
same owners, and with the same manager as the food or beverage licensee;
provided, however, that in cases where entertainment on the premises
is to be conducted by a person or entity who is an independent contractor
at the premises, the food or beverage licensee may seek the approval
of the Licensing Authority for an exemption from this rule based upon
a written contract with the independent contractor which gives control
of the premises to the food or beverage licensee while allowing the
independent contractor to book and/or to produce the entertainment.
The food or beverage licensee shall be responsible for the actions
of such independent contractor on the premises in addition to the
responsibility held by the independent contractor pursuant to the
entertainment license. The food or beverage licensee shall pay the
independent contractor a fee according to the written contract, said
fee to be commensurate with the market value of the services, and
the independent contractor shall not be given any direct or indirect
interest in the licensed premises other than the fee set out in the
contract. Said fee shall not be based upon the number of patrons attending
an entertainment event. The food or beverage licensee shall provide
in the contract for removing the independent contractor in the event
that the entertainment is poorly managed or causes violations to occur
at the licensed premises. Any food or beverage licensee who permits
entertainment at the licensed premises pursuant to a license held
by a person in violation of this rule will be subject to disciplinary
action by the Licensing Authority.
D.
No entertainment at the licensed premises may be conducted in a manner
such that the noise from the entertainment can be heard outside the
boundaries of the premises.
E.
No dancing by patrons is permitted except upon proper licensing pursuant
to MGL c. 140, § 183A, and confined to a particular dance
floor area which has been approved by the Licensing Authority and
which is not inconsistent with the entertainment license requirements.
F.
No entertainment may take place at a licensed premises and no member
of the public may be at the licensed premises except during the hours
and days when the Licensing Authority has approved the premises to
be open to the public. It shall be a violation of the food or beverage
license if entertainment is conducted on the premises prior to the
opening hour set by the Licensing Authority or subsequent to the closing
hour set by the Licensing Authority for the exercise of the food or
beverage license or during any period when the food or beverage license
has been suspended.
G.
All areas where entertainers perform, including stages and platforms, shall be separated by a walkway of at least two feet in width from any area where drinks are served and consumed if the entertainment includes performers who are unclothed or substantially unclothed pursuant to § 501-11B.
H.
No licensee may permit any electronic games or coin-operated amusement
devices to be on the premises unless such machines are properly licensed
pursuant to the MGL c. 140, § 177A.
I.
Licensees shall not permit any games to be played at the premises
for money or for a prize of alcoholic beverages or for any other prize
or prizes; provided, however, that games may be played for money at
certain fund-raising activities which have been approved by the Licensing
Authority and for which the licensee holds other appropriate licenses.
J.
Licensees who hold licenses under MGL c. 138, § 12, to
serve alcoholic beverages for on-premises consumption may petition
the Licensing Authority for approval to allow dancing on Sundays between
the hours of 12:00 midnight and 1:00 a.m. for the same hours for which
the licensee is authorized to sell alcoholic beverages. (MGL c. 138,
§ 33)
K.
All applications for entertainment licenses must be submitted in
writing and shall fully and specifically describe the conditions of
the proposed entertainment, including the names and addresses of the
entertainers. The application shall include the hours of entertainment,
days of the week of the entertainment, and the address of the premises
on which the entertainment will take place. A statement as to the
location on the premises of the entertainment must be included. The
application must be submitted 75 days prior to the date of the proposed
entertainment to the Licensing Authority. The Licensing Authority
will, within 30 days of receipt of the complete application, either
grant the license or order a hearing to be held, which hearing shall
be preceded by at least 10 days' written notice to the applicant.
L.
When a hearing is held, the Licensing Authority will, within 45 days
following the close of the hearing, either grant or deny the license.
M.
Licensees shall not permit any games to be played at the premises
for money or for a prize of alcoholic beverages or for any other prize
or prizes; provided, however, that games may be played for money at
certain fund-raising activities which have been approved by the Police
Chief and the Licensing Authority and for which the licensee holds
other appropriate licenses.
N.
All applications for entertainment licenses must be submitted in
writing and shall fully and specifically describe the conditions of
the proposed entertainment and the address of the premises on which
the entertainment will take place. No entertainment shall be permitted
without a valid entertainment license on the premises.
O.
Any premises providing adult entertainment as defined in Barnstable
Zoning Bylaws must conspicuously post at the entrance that "adult
entertainment" is within.
P.
Alcoholic beverages licensees may not close the licensed business
on any days for which their entertainment license has been suspended
unless they make such request to the Licensing Authority based upon
the licensee's allegation that its primary business comes from
the entertainment at the premises and that there would be little or
no business or public reason to keep the premises open during the
days when entertainment cannot be provided at the premises. Such requests
may be granted by the Licensing Authority where the entertainment
is a primary attraction for the public at the licensed premises. Licensees
not requesting to close the premises during days on which their entertainment
licenses are suspended shall remain open to the public for the sale
and service of alcoholic beverages and food but may not conduct any
type of entertainment on the premises during the suspension period.
A.
Applications must be submitted no less than 30 days prior to the
public meeting.
B.
New applications for events being held inside a structure and with
greater than 100 estimated attendees must be submitted no less than
60 days prior to the public meeting.
C.
Application as a nonprofit organization must include submission of
a copy of Form 501(3)(c).
D.
The applicant shall further certify that the Police and Fire Departments
have been consulted with respect to the event and have approved said
application.
E.
The Licensing Authority does not have the authority to overturn or
reverse a Zoning Board condition placed on an existing annual license
holder's special permit.
F.
Licensees shall not permit any games to be played at the premises
for money or for a prize of alcoholic beverages or for any other prize
or prizes; provided, however, that games may be played for money at
certain fund-raising activities which have been approved by the Police
Chief and the Licensing Authority and for which the licensee holds
other appropriate licenses.
G.
No person, corporation, partnership or association may be granted
a special license for more than a total of 30 days per calendar year.
H.
No annual licensees seeking a one-time expansion of their licensure
will be granted more than three such one-time approvals in a calendar
year without filing an application to amend their annual license.
