[HISTORY: Adopted by the Licensing Board of the Town of Deerfield 9-12-1956. Amendments noted where applicable.]
The following rules and regulations are adopted by the Deerfield Board of Selectmen, acting as the Licensing Board under authority of MGL c. 138, §§ 1, 12 and 23, and effective this first day of January 1982.
These rules and regulations are minimum regulations, many of which are existing conditions of outstanding licenses. The adoption of the following regulations are intended to be Townwide minimum standards attaching as conditions of all MGL c. 138, § 12, licenses presently outstanding and from hereafter issued. These rules and regulations supersede any understanding, verbal or written, made before this date.
All licenses shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended.
The premises shall, during licensed hours, be open to inspection by any police officer of the Town of Deerfield, by a state police officer, Alcoholic Beverage Control Commission inspector, Board of Health, Selectmen, Building Commission Inspector and all other municipal inspectors.
All alcoholic beverages sold must be opened and consumed on the premises.
No licensee shall keep for sale, store or sell alcoholic beverages in any part of the premises not specified on their license.
No alcoholic beverages will be sold on the premises during any hours other than those specifically listed on the license.
Every establishment wherein a license is exercised must be in full compliance with the zoning, health and building codes and bylaws of the Town of Deerfield and the Commonwealth of Massachusetts.
All licenses and building certificates shall be kept on the premises and shall be available at all times to the proper authorities.
When any entertainment is scheduled at a premise with a liquor license, one or more police officers shall be present if deemed necessary by the Board of Selectmen.
All entertainment presented at licensed premises shall be so conducted that no excessive noise shall be audible, under any circumstances, upon the street adjoining the licensed premises or upon any abutting premises. All speakers shall face the licensed premises and not the street.
All areas where entertainers and/or dancers perform shall be separated by an area of at least three feet in width between any stage or platform and areas where drinks are served and consumed.
No licensee shall allow any entertainers and/or dancers to leave the area described in § 247-12 during the course of their performances.
No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic beverage for them or any other person. Nothing shall prohibit the above activity in connection with any contact which such person may have with a patron to whom they are related by blood or marriage.
No licensee shall employ, use the services of, or permit upon his licensed premises any employee, entertainer, or other person who by his or her attire or conduct violates any general laws or special acts of the commonwealth or any bylaw of the Town of Deerfield.
The licensee shall not permit any illegality of any nature to take place on the licensed premises.
In the event of any owner, performer, grantee of a MGL c. 138, § 12, license, or other affected person is interested in an interpretation whether any of the rules and regulations are promulgated under MGL c. 138 above or otherwise are intended to apply to a certain act or set of facts, that person may request an opinion from the Licensing Board and the Licensing Board shall issue an opinion.
A variance from the specific rules and regulations may be granted any owner, performer, grantee of a MGL c. 138, § 12, license or other affected person at the discretion of the Deerfield Board of Selectmen acting as the Licensing Board.
A variance must have been granted prior to the performance or act at issue.
The applicant must show that the public safety and order will be maintained and that the police protection of the Town of Deerfield will be preserved in the event that such a variance is granted.
The license will be suspended or revoked for noncompliance with any of the laws of the commonwealth or regulations of the License Board relating to this particular establishment.
The Licensing Board reserves the right to change or add to any of the above terms and conditions after notice to the licensees.