The possession
and/or consumption of carry-in alcoholic beverages, as defined below,
by a person of lawful age at those commercial food establishments
which have a common victualler license under MGL c. 140 shall be permitted,
provided that a valid license is issued under the provisions of this
section.
“Carry-in
alcoholic beverages” shall be defined as wine and malt beverages
only in previously unopened containers. No other alcoholic beverages
shall be allowed to be possessed or consumed on the premises of commercial
food establishments with a valid carry-in alcoholic beverages license
from the Commission.
The Haverhill
License Commission is authorized to establish reasonable rules and
regulations to implement this policy and to address any and all public
health and safety concerns. Any license issued under this section
shall be at the sole discretion of the Commission. Any establishment
so issued such a license shall at all times be in strict conformity
with the rules and regulations of the Haverhill License Commission.
A carry-in
alcoholic beverages license shall be issued for no more than one year
and must be reapplied for annually at the time of renewal of the common
victualler's license. The hours during which the consumption of carry-in
alcoholic beverages is allowed shall be at the discretion of the Commission
and shall be specified on the license. A carry-in alcoholic beverages
license shall be issued in the name of the manager at the establishment
and shall not be transferred to a new manager of the establishment
without the prior approval of the Commission.
Only those
applicants operating with 30 or fewer seats or operating a bona fide
nonprofit arts and cultural organization are eligible for a carry-in
alcoholic beverages license. The Commission may consider the character
of a neighborhood and/or compliance with the City's Zoning Code in
determining whether or not to issue a carry-in alcoholic beverages
license. The applicant may seek a license for a food establishment
with more than 30 seats by requesting authorization from the City
Council at the same time that the application is filed with the License
Commission.