[HISTORY: Adopted by the Board of Selectmen
of the Town of Yarmouth 4-25-1995. Amendments noted where applicable.]
A.
All licensees of the licensing authority for the Town
of Yarmouth shall ensure that a copy of the rules and regulations
of the licensing authority is kept on the premises at all times and
is immediately available for inspection upon request by a member of
the public, a member of the licensing authority, an agent of the licensing
authority or any police officer. These rules and regulations are to
be kept at the front door area where patrons pay their entrance fees
or their checks or else at the main cash register.
B.
The rules and regulations need not be posted but must
be readily available to a requesting party.
C.
The licensee is responsible for ensuring that all
employees who work in the public areas of the premises read the rules
and regulations of the licensing authority and comply with all rules
and laws.
A.
Licenses issued by the licensing authority must be
posted in a conspicuous place easily seen by the public where they
can be read without difficulty and without recourse or the assistance
of employees at the premises.
B.
All other licenses, permits and certificates affecting
the licensed premises must be posted conspicuously; provided, however,
that no such document shall be posted in such a way as to cover over
any part of the license issued by the licensing authority.
A.
No licensee shall permit any rule, policy or action,
expressed or implied, which makes any distinction, discrimination
or restriction on account of race, color, religious creed, national
origin, sex, physical or mental disability or ancestry or on account
of any other classification relative to the admission or treatment
of persons from the general public or employees at the licensed premises.
Licensees may make rules regulating the admission of minors to the
premises when such rules are not inconsistent with other rules and
regulations stated herein; provided, further, that private club licensees
may not discriminate, as aforesaid, with regard to guests at the licensed
premises or with regard to who may be invited to the premises as a
guest.
B.
C.
Licensees may require a person to pay a minimum cover
charge if a sign is conspicuously posted at the entrance of the establishment
stating the amount of the charge.
D.
In accordance with MGL c. 138, § 12, no
minimum charge for the purpose of alcoholic beverages or minimum alcoholic
beverage drinking requirement shall be imposed upon any customer.
E.
A licensee may impose a minimum charge for the purpose of food and/or nonalcoholic beverages if there is a posting which includes a specific statement stating that there is no minimum charge for alcoholic beverages (MGL c. 138, § 12, Subsection C). Such minimum charge for food and/or nonalcoholic beverages shall not be collected in advance before gaining entrance to the premises. No licensee shall impose a minimum charge for food and/or nonalcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or nonalcoholic beverages (204 CMR 2:16).
F.
Licensees should refuse entrance to the premises to
a person who appears intoxicated or unruly.
G.
Licensees shall not permit entrance to the premises
by more persons than the number approved by the Building Commissioner
for the capacity of the premises. It is the responsibility of the
licensee to meet with the Building Commissioner to accurately define
the parameters of individual rooms within the establishment.
H.
Licensees who permit persons to wait in line for a
table or a seat or for entrance to the premises must obey the following
rules:
(1)
Persons who wait inside the premises must not be permitted
to block fire aisles or exits. No more than 10% of the occupancy load
determined under Massachusetts State Building Code, Section 606, shall
be assigned to standing space in any place of assembly licensed to
sell alcoholic beverages.
(2)
Persons who are permitted to wait in line outside
the premises must be supervised by an employee of the licensed premises.
A.
Employees and/or patrons are only permitted on the
premises during the hours of operation of the licensee with the following
exceptions:
(1)
Patrons already on the premises may remain for up
to 1/2 hour after closing time. No new patrons may be allowed into
the premises after closing.
(2)
The owner, manager and employees may be on the premises
after hours for purposes of cleaning, making repairs, providing security
or preparing food.
B.
Alcoholic beverage licensees in the Town of Yarmouth
are normally licensed until 1:00 a.m.
C.
Any licensee who serves after 1:00 a.m. or allows
any person to consume alcoholic beverages on the premises after 1:15
a.m. shall be subject to the penalties outlined in MGL c. 138.
D.
It is the responsibility of the licensee to remove
all glasses, bottles or other containers used for or containing alcoholic
beverages from all tables, bars, counters, patrons and public areas
no later than 1:15 a.m.
E.
All patrons must be off the licensed premises no later
than 1:30 a.m.
F.
The Yarmouth Board of Selectmen has authorized the
Town Administrator to grant licensees a one-hour extension for the
purposes of selling alcoholic beverages on New Year's Eve only. This
extension is subject to MGL c. 138 and will only be granted to establishments
that have no record of violations of overcrowding, excessive noise
or other violations in the calendar year preceding the extension request.
If the extension is denied by the Town Administrator, the licensee
may appeal to the full licensing authority.
A.
No licenses shall issue or shall be considered in
good standing unless licensed premises comply with all statutory requirements,
including all applicable building codes, fire, health, safety, trash,
state and local tax obligations and other government regulations and
laws.
B.
The licensed premises shall conform to the floor plan
approved by the licensing authority with regard to the structures
and the walls at the premises, as well as with regard to all tables,
chairs, booths, bars, counters, bar stools, dance floors or areas,
railing partitions and other barriers at the premises. Any permanent
changes in the floor plan or any significant renovations may not be
made without notification to and approval of the licensing authority
per Alcoholic Beverages Control Commission (ABCC) regulation.
C.
All premises covered by the license shall be kept
in a clean and sanitary condition.
D.
No outside area shall be used as a gathering place
for patrons unless approved by the licensing authority.
E.
The premises shall be lighted in all public areas
in a manner sufficient for the safety of the patrons and in a manner
sufficient for the agents and/or members of the licensing authority
to make observations at the premises without the need to identify
themselves or the need to seek assistance.
F.
The capacity set for the premises by the Building
Department constitutes the maximum potential capacity of the premises,
but the actual capacity of the premises must not exceed the amount
approved by the licensing authority and stated on the license.
A.
The licensee must provide the licensing authority
with the following information:
B.
No licensee shall lease out any part of the premises
or any part of the business without first notifying the Chairman of
the licensing authority via the Town Administrator's office.
C.
No licensee shall lease out the beverage service without
the approval of the licensing authority.
A.
No alcoholic beverages shall be sold for less than
the actual cost of the beverage to the licensee. An admission charge
shall not be credited towards the purchase price of any alcoholic
beverage.
B.
All licensees shall maintain a schedule of the prices
charged for all drinks to be served and drunk on the licensed premises
or in any room or part thereof. Such prices shall be effective for
not less than one calendar week.
C.
No licensee or employee or agent of a licensee shall:
(1)
Offer or deliver any free drinks to any person or
group of persons.
(2)
Deliver more than two drinks to one person at one
time.
(3)
Sell, offer to sell or deliver to any person or group
of persons any drinks at a price less than the price regularly charged
for such drinks during the same calendar week, except at private functions
not open to the public.
(4)
Sell, offer to sell or deliver to any person an unlimited
number of drinks during a set period of time for a fixed price except
at private functions not open to the public.
(5)
Sell, offer to sell or deliver drinks to any person
or group of persons on any one day at prices less than those charged
the general public on that day, except at private functions not open
to the public.
(6)
Sell, offer to sell or deliver malt beverages or mixed
drinks by the pitcher except to two or more persons at any one time.
(7)
Increase the volume of alcoholic beverages contained
in a drink without increasing proportionately the price.
(8)
Encourage or permit, on the licensed premises, any
game or contest which involves drinking or the awarding of drinks
as prizes.
D.
Nothing contained in the preceding Subsection C shall be construed to prohibit licensees from offering free food or entertainment at any time; or to prohibit licensees from including a drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit those licensed under MGL c. 138, § 15, from offering free wine tasting; or to prohibit those licensed under MGL c. 138, § 12, from offering room service to registered guests.
E.
Patrons of common victualers are not permitted to
bring alcoholic beverages on the premises of such common victualers
for their own consumption.
F.
Licensees are responsible for ensuring that minors
are not served alcoholic beverages and are not drinking alcoholic
beverages on the licensed premises, whether served to them by an employee
or handed to them by another patron.
A.
It shall be the obligation of licensees to ensure
that a high degree of supervision is exercised over the conduct of
the licensed establishment at all times. Each licensee will be held
accountable for all violations that are related to the licensed premises.
B.
Licensees shall maintain compliance with all health
and safety laws for the areas outside and contiguous to the licensed
premises.
C.
The licensee is responsible for activities that occur
on the property, including any and all parking lots.
Prior to an individual being hired as a manager,
supervisor or bartender, it is suggested that this individual complete
an alcoholic beverage server training program. All other employees
should, at a minimum, receive in-house training.
The local licensing authority has authorized
the Town Administrator to approve the temporary closing of an annual
licensee under MGL c. 138, § 12. The request by the licensee
should include the exact date of anticipated closing, exact date of
reopening and a person for the Town of Yarmouth to contact in the
event of an emergency.
A.
No licensee shall provide entertainment of any kind
unless the licensee holds an appropriate entertainment license issued
pursuant to MGL c. 140, § 183A. (This does not apply to
private functions such as wedding receptions where the function is
not open to the public and there is no charge for admission.)
B.
The licensee must ensure that all noise from the entertainment
is confined to the building.
C.
No dancing by patrons is permitted except upon proper
licensing pursuant to MGL c. 140, § 183A.
D.
Entertainment is restricted to the hours stated on
the license.
E.
All electronic games must be licensed pursuant to
MGL c. 140, § 177A.
F.
A licensee shall not permit any games to be played
at the premises for a prize of alcoholic beverages.
G.
The premises shall be open at all times to inspection
by any police officer of the Town or by a state police officer, license
agent or ABCC inspector or member of the Town's licensing authority.
H.
No person or persons under the influence of drugs
or alcohol, or having the appearance thereof, shall be granted admittance
to the premises.
I.
No employee and/or private contractor of the licensee
shall conduct any performance or present any matter or visual material which displays
and/or encourages nudity or sexual conduct or sexual excitement or is obscene, as such italicized terms are defined in MGL c. 272, § 31.
J.
Rooms used for dining rooms and/or dancing shall be
so lighted as to render it possible to see all individuals occupying
the room.
K.
No license is required for televisions or radios.
L.
Failure to comply with these regulations will be sufficient
reason for the licensing authority to conduct a show-cause hearing
for the purpose of determining whether the license should be modified,
suspended or revoked.
A.
The licensing authority may deny, revoke or suspend
any license or permit, including renewals and transfers, of any party
or agent thereof whose name appears on said list furnished to the
licensing authority from the Town Collector of individuals delinquent
on their taxes and/or water bills. Written notice must be given to
the party by the Tax Collector, as required by applicable provision
of law, and the party must be given the opportunity for a hearing
not earlier than 14 days after said notice.