Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Licensing Authority of the Town of Barnstable 10-17-2016. Amendments noted where applicable.]
GENERAL REFERENCES
Licensing Authority jurisdiction — See Ch. 121, § 121-6F.

§ 503-1 Definitions.

A. 
"Entertainment" is defined by MGL c. 140, §§ 177A, 181 and 183A, and shall be understood to include all uses listed below:
(1) 
Concert.
(2) 
Dance.
(3) 
Exhibition.
(4) 
Cabaret or public show of any description.
(5) 
Dancing by patrons.
(6) 
Dancing by entertainers or performers.
(7) 
Darts.
(8) 
Karaoke.
(9) 
Recorded or live music.
(10) 
Use of an amplification system.
(11) 
Theatrical exhibition or play.
(12) 
Moving picture show.
(13) 
Floor show of any description.
(14) 
Light show of any description.
(15) 
Other dynamic audio or visual show, whether live or recorded.
(16) 
Automatic amusement or gambling device (meaning a mechanism whereby, upon the deposit of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the playing, including, but not exclusively, such devices as are commonly known as pinball machines, including free-play pinball machines).
(17) 
Pool tables.
(18) 
Ping pong tables.
B. 
Activities required to be included on a nonlive entertainment license, however not defined by MGL as entertainment, and which require a general fee include:
(1) 
Ambient sound or background music such as piped-in radio, satellite radio, CDs or stereo.
(2) 
Television.

§ 503-2 General provisions.

A. 
No entertainment shall be permitted without a valid entertainment license on the premises.
B. 
The type of entertainment shall be specific on the application, and on any special license request. The following information shall be included: hours of entertainment, days of the week, description of the entertainment, use of amplification or not, contact person, and a program if possible.
C. 
No licensee may provide entertainment of any kind unless the licensee holds an entertainment license issued pursuant to the MGL c. 140, § 183A. Such license must be held in the same name, by the same owners, and with the same manager as the food or beverage licensee; provided, however, that in cases where entertainment on the premises is to be conducted by a person or entity who is an independent contractor at the premises, the food or beverage licensee may seek the approval of the Licensing Authority for an exemption from this rule based upon a written contract with the independent contractor which gives control of the premises to the food or beverage licensee while allowing the independent contractor to book and/or to produce the entertainment. The food or beverage licensee shall be responsible for the actions of such independent contractor on the premises in addition to the responsibility held by the independent contractor pursuant to the entertainment license. The food or beverage licensee shall pay the independent contractor a fee according to the written contract, said fee to be commensurate with the market value of the services, and the independent contractor shall not be given any direct or indirect interest in the licensed premises other than the fee set out in the contract. Said fee shall not be based upon the number of patrons attending an entertainment event. The food or beverage licensee shall provide in the contract for removing the independent contractor in the event that the entertainment is poorly managed or causes violations to occur at the licensed premises. Any food or beverage licensee who permits entertainment at the licensed premises pursuant to a license held by a person in violation of this rule will be subject to disciplinary action by the Licensing Authority.
D. 
No entertainment at the licensed premises may be conducted in a manner such that the noise from the entertainment can be heard outside the boundaries of the premises.
E. 
No dancing by patrons is permitted except upon proper licensing pursuant to MGL c. 140, § 183A, and confined to a particular dance floor area which has been approved by the Licensing Authority and which is not inconsistent with the entertainment license requirements.
F. 
No entertainment may take place at a licensed premises and no member of the public may be at the licensed premises except during the hours and days when the Licensing Authority has approved the premises to be open to the public. It shall be a violation of the food or beverage license if entertainment is conducted on the premises prior to the opening hour set by the Licensing Authority or subsequent to the closing hour set by the Licensing Authority for the exercise of the food or beverage license or during any period when the food or beverage license has been suspended.
G. 
All areas where entertainers perform, including stages and platforms, shall be separated by a walkway of at least two feet in width from any area where drinks are served and consumed if the entertainment includes performers who are unclothed or substantially unclothed pursuant to § 501-11B.
H. 
No licensee may permit any electronic games or coin-operated amusement devices to be on the premises unless such machines are properly licensed pursuant to the MGL c. 140, § 177A.
I. 
Licensees shall not permit any games to be played at the premises for money or for a prize of alcoholic beverages or for any other prize or prizes; provided, however, that games may be played for money at certain fund-raising activities which have been approved by the Licensing Authority and for which the licensee holds other appropriate licenses.
J. 
Licensees who hold licenses under MGL c. 138, § 12, to serve alcoholic beverages for on-premises consumption may petition the Licensing Authority for approval to allow dancing on Sundays between the hours of 12:00 midnight and 1:00 a.m. for the same hours for which the licensee is authorized to sell alcoholic beverages. (MGL c. 138, § 33)
K. 
All applications for entertainment licenses must be submitted in writing and shall fully and specifically describe the conditions of the proposed entertainment, including the names and addresses of the entertainers. The application shall include the hours of entertainment, days of the week of the entertainment, and the address of the premises on which the entertainment will take place. A statement as to the location on the premises of the entertainment must be included. The application must be submitted 75 days prior to the date of the proposed entertainment to the Licensing Authority. The Licensing Authority will, within 30 days of receipt of the complete application, either grant the license or order a hearing to be held, which hearing shall be preceded by at least 10 days' written notice to the applicant.
L. 
When a hearing is held, the Licensing Authority will, within 45 days following the close of the hearing, either grant or deny the license.
M. 
Licensees shall not permit any games to be played at the premises for money or for a prize of alcoholic beverages or for any other prize or prizes; provided, however, that games may be played for money at certain fund-raising activities which have been approved by the Police Chief and the Licensing Authority and for which the licensee holds other appropriate licenses.
N. 
All applications for entertainment licenses must be submitted in writing and shall fully and specifically describe the conditions of the proposed entertainment and the address of the premises on which the entertainment will take place. No entertainment shall be permitted without a valid entertainment license on the premises.
O. 
Any premises providing adult entertainment as defined in Barnstable Zoning Bylaws must conspicuously post at the entrance that "adult entertainment" is within.
P. 
Alcoholic beverages licensees may not close the licensed business on any days for which their entertainment license has been suspended unless they make such request to the Licensing Authority based upon the licensee's allegation that its primary business comes from the entertainment at the premises and that there would be little or no business or public reason to keep the premises open during the days when entertainment cannot be provided at the premises. Such requests may be granted by the Licensing Authority where the entertainment is a primary attraction for the public at the licensed premises. Licensees not requesting to close the premises during days on which their entertainment licenses are suspended shall remain open to the public for the sale and service of alcoholic beverages and food but may not conduct any type of entertainment on the premises during the suspension period.

§ 503-3 Special one-day entertainment licenses.

A. 
Applications must be submitted no less than 30 days prior to the public meeting.
B. 
New applications for events being held inside a structure and with greater than 100 estimated attendees must be submitted no less than 60 days prior to the public meeting.
C. 
Application as a nonprofit organization must include submission of a copy of Form 501(3)(c).
D. 
The applicant shall further certify that the Police and Fire Departments have been consulted with respect to the event and have approved said application.
E. 
The Licensing Authority does not have the authority to overturn or reverse a Zoning Board condition placed on an existing annual license holder's special permit.
F. 
Licensees shall not permit any games to be played at the premises for money or for a prize of alcoholic beverages or for any other prize or prizes; provided, however, that games may be played for money at certain fund-raising activities which have been approved by the Police Chief and the Licensing Authority and for which the licensee holds other appropriate licenses.
G. 
No person, corporation, partnership or association may be granted a special license for more than a total of 30 days per calendar year.
H. 
No annual licensees seeking a one-time expansion of their licensure will be granted more than three such one-time approvals in a calendar year without filing an application to amend their annual license.