Town of Yarmouth, MA Chapter 155 Liquor License Regulations

[HISTORY: Adopted by the Board of Selectmen of the Town of Yarmouth 4-25-1995. Amendments noted where applicable.]

§ 155-1 Availability of rules and regulations.

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.

D. No business requiring a license from the licensing authority shall operate without a valid license posted as required in § 155-2.

§ 155-2 Posting of licenses.

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.

§ 155-3 Admissions to the premises.

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. Special admission passes.

(1) Any special admission passes or VIP cards must meet the following criteria:

(a) The special pass must state the calendar year in which the card is valid.

(b) The pass shall not entitle the passholder to free alcoholic beverages or to any discounts on alcoholic beverages.

(2) Nothing in this subsection is meant to prevent license holders from offering dinner clubs or other promotions which are allowed by Massachusetts General Laws and the Massachusetts Alcoholic Beverages Control Commission.

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.

§ 155-4 Hours of operation.

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.

§ 155-5 General regulations for premises.

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.

§ 155-6 Business arrangements of licensees.

A. The licensee must provide the licensing authority with the following information:

(1) The name(s) of manager(s).

(2) The name(s) of any individuals who the licensee anticipates will be in a position of authority and/or will be responsible for closing the establishment at night.

(3) The names of landlord(s) and/or owners of the building.

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.

§ 155-7 Sale of alcoholic beverages.

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.

§ 155-8 Responsibilities of licensee.

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.

§ 155-9 Server training.

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.

§ 155-10 Seasonal closing policy.

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.

§ 155-11 Entertainment.

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.

§ 155-12 Nonpayment of taxes.

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.

B. See §§ 95-1 through 95-5 of this Code for specific language on the effect of nonpayment of taxes.