[HISTORY: Adopted by the Annual Town Meeting of the Town
of Belchertown 5-11-2009 by Art. 29. Amendments noted where applicable.]
In accordance with the Town of Belchertown Home Rule Authority,
and to protect the health, safety, and welfare of the inhabitants
of the Town, this chapter shall permit the Town to impose liability
on owners and other responsible persons for allowing, encouraging
or contributing to the consumption of alcoholic beverages by underage
persons at gatherings on private property.
As used in this chapter, the followingy terms shall have the
meanings indicated:
Ethyl alcohol, hydrated oxide of ethyl, or spirits of wine,
from whatever source or by whatever process produced.
All liquids intended for human consumption as a beverage
which contain 1/2 of 1% or more of alcohol by volume at 60° F.,
including malt beverages.
Actively trying to evict a tenant from a premises by delivery
of a notice to quit and subsequent court proceedings, if a tenant
fails to vacate the premises.
A party, gathering, or event, where a group of persons have
assembled or are assembling for a social occasion or social activity.
A person who is a natural parent, adoptive parent, foster
parent, or stepparent of another person.
Any residence or other private property, place, or location,
including any commercial or business property.
The legal owner of record as listed by the tax assessors
records.
A gathering of persons on any premises in a manner which
constitutes a violation of law. Unlawful conduct includes, but is
not limited to, obstruction of public streets by crowds or vehicles,
illegal parking, public urination, the service of alcohol to underage
persons, fights, disturbances of the peace, and litter.
The costs associated with responses by law enforcement, fire,
and other emergency response providers to a gathering as set forth
in a schedule of costs established by the Select Board.
Any person under 21 years of age.
Except as permitted by state law, it is unlawful for any underage
person to:
A.
Consume at any public place or any place open to the public any alcoholic
beverage; or
B.
Consume at any place not open to the public any alcoholic beverage,
unless in connection with the consumption of the alcoholic beverage
the underage person is being supervised by his or her parent or legal
guardian.
A.
It is the duty of any person having control of any premises who knowingly
hosts, permits, or allows a gathering at said premises to take all
reasonable steps to prevent the consumption of alcoholic beverages
by any underage person at the gathering. Reasonable steps include,
but are not limited to, controlling access to alcoholic beverages
at the gathering; controlling the quantity of alcoholic beverages
present at the gathering; verifying the age of persons attending the
gathering by inspecting driver's licenses or other government-issued
identification cards to ensure that underage persons do not consume
alcoholic beverages while at the gathering; and supervising the activities
of underage persons at the gathering.
B.
A gathering constituting a public nuisance may be abated by all reasonable
means, including, but not limited to, an order by the police requiring
the gathering to be disbanded and citation and/or arrest of any persons
under any applicable provision of local or state law.
C.
It is unlawful for any person having control of any premises to knowingly
host, permit, or allow a gathering to take place at said premises
where at least one underage person consumes an alcoholic beverage,
provided that the person having control of the premises either knows
an underage person has consumed an alcoholic beverage or reasonably
should have known that an underage person consumed an alcoholic beverage
and the person having control of said premises failed to take all
reasonable steps to prevent the consumption of an alcoholic beverage
by an underage person.
D.
This section shall not apply to conduct involving the use of alcoholic
beverages that occurs exclusively between an underage person and his
or her parent or legal guardian.
E.
This section shall not apply to any Massachusetts Alcoholic Beverages
Control Commission licensee at any premises regulated by the Massachusetts
Alcoholic Beverage Control Commission.
Notice of response by police or other local officials to a gathering
shall be mailed to any property owner listed on the Town of Belchertown
property tax assessment records and shall advise the property owner
that the third such response on the same premises within a one-year
period, as measured from the date of the first notice, shall result
in liability of the property owner for all penalties associated with
such response as more particularly described below.
If the Police Department is required to respond to a gathering
constituting a public nuisance on the premises, the following persons
shall be jointly and severally liable for fines as set forth below.
Response costs may also be assessed.
If the Police Department is required to respond to a gathering
constituting a public nuisance on the premises more than twice in
any one-year period, as measured from the date of the first response,
the following persons shall be jointly and severally liable for fines
as set forth below. Response costs may also be assessed.
A.
The person or persons who own the property where the gathering constituting
the public nuisance took place, provided that notice of the first
and second responses has been mailed to the owner of the property
as set forth herein and the gathering occurs at least 14 days after
the mailing of the second such notice. The owner of the property shall
not be held responsible for any violation and penalties if they are
actively trying to evict a tenant from the property. The one-year
time period for violations for a property shall pertain only to the
same residents occupying the property who have had the prior violation(s).
New residents shall start a new time cycle of one year should they
violate this chapter.
B.
The person or persons residing on or otherwise in control of the
property where such gathering took place.
C.
The person or persons who organized or sponsored such gathering.
D.
All persons attending such gatherings who engage in any activity
resulting in the public nuisance.
A.
This chapter shall be enforced by criminal complaint in the District
Court. Violations shall be punishable by a fine of $300. In the alternative,
it may be enforced by the noncriminal disposition process of MGL c.
40, § 21D. For the purpose of noncriminal enforcement, the
enforcing persons shall be any police officer of the Town of Belchertown.
If enforced pursuant to noncriminal disposition, the following fines
shall apply:
C.
Sections 83-3 and 83-4 shall not limit the authority of police officers to make arrests for any criminal offense arising out of conduct regulated by §§ 83-3 and 83-4, nor shall they limit the Town of Belchertown's or the Commonwealth of Massachusetts' ability to initiate and prosecute any criminal offense arising out of the same circumstances necessitating the application of §§ 83-3 and 4.
No provision of this chapter shall apply where prohibited or
preempted by state or federal law. If any provision of this chapter,
or the application thereof to any person or circumstances, is declared
invalid, that invalidity shall not affect other provisions or applications
of this chapter which can be given effect without the invalid provisions
or application, to this end the provisions of this chapter are severable.
