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.

§ 507-1 Certain premises to be licensed.

A. 
The Licensing Authority will require persons to be licensed who keep open their places of business for the retail sale of beverages derived wholly or in part from cereals or substitutes therefor and containing less than 1/2 of 1% of alcohol, unfermented grape juice, ginger ale, root beer, sarsaparilla, pop, artificial mineral waters, carbonated waters or beverages, and other so-called soft drinks, if the business has the primary purpose of providing an establishment where patrons gather in order to socialize and/or to enjoy some form of entertainment. (See MGL c. 140, § 21A.)

§ 507-2 Sale of soft drinks.

A. 
For purposes of this regulation, a "sale" is defined as the provision of a soft-drink beverage to a patron in or by the establishment in exchange for something of value by means of an in-person exchange or by means of a vending machine exchange or by means of a cover charge which gives the patron the right to obtain drinks without additional payment.

§ 507-3 Violations and penalties.

A. 
Whoever not being licensed as aforesaid keeps open his place of business for the retail sale of any such beverage shall be punished by a fine of not more than $50. This section shall not apply to persons who keep open their places of business on Sunday for the sale of soda water, if they are licensed under MGL c. 136, § 7. (See MGL c. 140, § 21C.)

§ 507-4 Responsibilities of license holder.

A. 
The license holder is responsible for the proper management of the premises so that unlawful acts do not occur on the premises and so that the premises does not become a threat to the public welfare or public safety. When violations of the license or of the law are brought to the attention of the Licensing Authority, a disciplinary hearing will be held and, as a result of evidence brought to the attention of the Licensing Authority at the hearing, the Licensing Authority may modify, suspend or revoke the license.

§ 507-5 Inapplicability to certain persons.

A. 
The provisions of this chapter shall not apply to innholders, common victuallers, or druggists, nor to dealers whose principal business is the sale of groceries and meats or either of said products, nor to the sale of any or all of such beverages when sold not to be drunk on the premises.