[Added 5-22-2012 by Ord. No. 2012-18]
Responsible beverage service training would inform alcohol servers and sellers of the consequences of the illegal sale of alcohol to persons underage or who have consumed too much alcohol. Alcohol servers and sellers who receive responsible beverage training should be less likely to sell alcohol to persons underage or who have consumed too much alcohol by virtue of their training in identifying false age documents and recognition of characteristics of intoxicated persons.
As used in this article, the following terms shall have the meanings indicated:
LICENSED ESTABLISHMENT
An establishment issued a license under MGL c. 138, § 12 or 15.
LICENSING AUTHORITY
The local licensing authority as defined in MGL c. 138, § 1.
RESPONSIBLE BEVERAGE SERVICE TRAINING PROGRAM
A training program that provides the necessary knowledge and techniques needed to be a responsible server of alcohol to employees or agents of pouring and non-pouring establishments.
A. 
All agents and employees of a licensed establishment involved in the sale or service of alcoholic beverages shall attend either 21 Proof, Alcohol Servers Awareness Program (ASAP), Responsible Alcohol Service, ServSafe Alcohol, STOP Program, Servers and Managers Alcohol Responsibility Training (S.M.A.R.T.), Training for Intervention Procedures (TIPS), Alcohol Intervention Methods or Alcohol Awareness Training within 30 days of the date of hire and shall be retrained every three years.
B. 
No liquor license shall be issued or reissued to a licensed establishment which does not verify that all of the licensee's employees and agents involved in the sale or service of alcoholic beverages have successfully completed one of the beverage service training programs listed in Subsection A.
C. 
A signed certification of each agent or employee which indicates that said agent or employee received the responsible beverage service training shall be maintained on the employer's premises. Copies of each signed certification shall be available to the licensing authority, or any authorized agent thereof, upon demand.
The Chief of Police or the Health Director by his/her designee may initiate alcohol compliance checks at any licensed establishment at any time. Refusal to cooperate will constitute a violation of this Article XXI.
A. 
Any liquor licensee who fails to comply with any provision of this Article XXI shall be subject to the following sanctions:
(1) 
An initial written warning for the first violation;
(2) 
A fine not to exceed $250 for a second violation;
(3) 
Three to seven consecutive days' suspension of license for a third violation; and
(4) 
Revocation of license for a fourth violation.
B. 
In the event that there are no offenses within 36 successive months from the date of the last offense, then the next offense shall be treated as the first offense.
Prior to imposing a penalty for a third or fourth violation, the licensing authority shall conduct a hearing. The hearing notice shall be given to the licensee at least 10 days prior to the hearing. The notice will include the date, time, and place of the hearing, and state the nature of the charges against the licensee.
A licensee who receives a penalty for a third or fourth violation pursuant to this Article XXI may appeal the decision of the licensing authority to the Alcoholic Beverages Control Commission pursuant to MGL c. 138, § 67.