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.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 20.
Licensing Authority jurisdiction — See Ch. 121, § 121-6F.
Outdoor businesses — See Ch. 141.
Sandy Neck alcohol policy — See Ch. 601, § 601-10.
Alcohol on Conservation Commission property — See Ch. 701.
[1]
Editor's Note: This legislation amended former Part V of the Code in its entirety. The rules and regulations pertaining to alcoholic beverages formerly appeared in Ch. 501. The rules and regulations pertaining to secondhand dealers and secondhand collectors formerly appeared in Ch. 502; see now Ch. 508, Secondhand/Junk Dealers.

§ 502-1 General provisions.

A. 
All applicants for the sale of alcoholic beverages are responsible for familiarizing themselves with the General Laws of Massachusetts pertaining to sale of alcoholic beverages: Massachusetts General Laws Chapter 138.
B. 
The licensee is responsible for ensuring that all employees engaged in the service of alcoholic beverages read and understand the Rules and Regulations of the Licensing Authority and comply with all rules and laws.
C. 
Until the application is complete, the application shall not be advertised or presented to the Licensing Board.
D. 
In addition to the state fee, there is a liquor license application fee by the Town of Barnstable of $100 each and a legal advertisement fee, if applicable.
E. 
The Licensing Authority may hold a hearing on an application for a new license location for an all-alcoholic beverages license in the neighborhood in which the applicant seeks to locate the license. For the purposes of this rule, the "neighborhood" shall be defined as the political precinct in which the new location is sought.
F. 
The manager and alternate managers, if any, shall have successfully completed an alcoholic beverage server training program such as the TIPS® program or its equivalent, prior to their appointment. Such training shall also be required of all bartenders in establishments that have a bar. All management personnel and bartenders shall be recertified every three years. All other employees who serve alcoholic beverages or verify identifications shall receive, at a minimum, in-house training similar to that received under the TIPS® program. Verification of such training will be maintained for each employee and available for inspection.
G. 
Employees at premises which sell or serve alcoholic beverages for on-premises consumption or at package stores must be 18 years of age except that such licensee may employ a person under the age of 18 who does not directly handle, sell, mix or serve alcohol or alcoholic beverages.
H. 
Licensees may refuse entrance to the premises to a person who appears to be intoxicated or unruly/belligerent.
I. 
Alcoholic beverages licensees are forbidden to make a sale or delivery of alcoholic beverages or alcohol to a person who is intoxicated or appears to be intoxicated.
J. 
No licensee may pledge the stock in the licensed business or the license itself without the approval of the Licensing Authority.
K. 
Managers of premises, or in the case of special liquor licenses, organizations holding an alcoholic beverage license, must not be changed until the Licensing Authority and, if required, the Alcoholic Beverages Control Commission, have approved such change.
L. 
No licensee may take a loan secured by any equipment at the premises or secured by any direct or indirect interest in the licensed business without the approval of the Licensing Authority. This includes kitchen equipment, video or audio equipment, lighting equipment, furniture, or any other type of equipment.
M. 
No licensee shall contract bills for its licensed premises under any corporation or trade name other than that under which it is licensed.
N. 
Assignment of the stock of corporate licensees for purposes of collateralizing loans or notes, etc., gives no right to the assignee to conduct the business of the licensee. Licensees must immediately notify the Licensing Authority when the assignee forecloses under such assignment of stock or when other proceedings are brought which affect the economic and financial rights and abilities of the licensee.
O. 
No licensee under Chapter 138 of the General Laws may lend or borrow money, directly or indirectly, to or from any other licensee under Chapter 138.
P. 
Alcoholic beverages licensees shall not use any trade name, assumed name, or abbreviated name in connection with the licensed business unless the same appears on the license certificate issued by the Licensing Authority or unless written permission is first obtained from the Licensing Authority. The use of any unauthorized name on the books, records, stationery, or interior or exterior of the licensed premises or for advertising purposes or telephone listing is prohibited unless permission is first obtained from the Licensing Authority.
Q. 
Licensees shall not permit opened alcoholic beverages to be brought onto the licensed premises by patrons or employees.
R. 
No alcoholic beverages will be sold to minors. Licensees are responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises may exclude minors from coming onto the premises in order to meet the burden of ensuring that there are no underage sales or drinking at the premises.
S. 
Any person holding an alcoholic beverages license under MGL c. 138, § 12, § 14, or § 15, who, directly or through any agent, employee or other person, dilutes or changes or substitutes or in any manner tampers with any alcoholic beverages authorized to be sold under such license so as to change their composition or alcoholic content (except that cocktails and other mixed drinks may be prepared on premises so licensed for the sale of alcoholic beverages) shall be punished by a fine, and if any holder of such a license is convicted of a violation of the foregoing, his license shall forthwith be suspended for a period of not less than six months, provided that cocktails and other mixed drinks may be prepared on premises so licensed for the sale of alcoholic beverages. Licensees and their agents are prohibited from refilling any alcoholic beverage container which has a brand identification or a brand label.
T. 
Whoever makes a sale or delivery of any alcoholic beverages or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under MGL c. 138, § 12 or § 15, delivers or procures to be delivered in any public room or area of such establishment any such beverages or alcohol to or for use of a person who he knows or has reason to believe to be under 21 years of age or whoever procures any such beverages or alcohol for a person under 21 years of age in any establishment licensed under MGL c. 138, § 12, or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment that is a package store, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. [NOTE: Alcoholic beverages may be procured for an underage child, ward or spouse in a package store by a parent, guardian or spouse but may not be so procured for such underage person in an on-premises drinking establishment. (MGL c. 138, § 34)]
U. 
Any person under 21 years of age who purchases alcoholic beverages or alcohol or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age with the intent of purchasing alcoholic beverages, either for his or her own use or for the use of any other person, shall be punished by a fine of $300, and whoever knowingly makes a false statement as to the age of a person who is under 21 years of age in order to procure a sale or delivery of such beverages or alcohol to such person under 21 years of age, either for the use of the person under 21 years or for use of some other person, and whoever induces a person under 21 years of age to make a false statement as to his or her age in order to procure the sale or delivery of such beverages or alcohol to such person under 21 years of age shall be punished by a fine of $300. (MGL c. 138, § 34A)
V. 
Any licensee or agent or employee thereof under Chapter 138 who reasonably relies on a Massachusetts liquor purchase identification card or Massachusetts motor vehicle license for proof of a person's identity and age shall not suffer any disciplinary action or any criminal liability for delivering or selling alcohol or alcoholic beverages to a person under 21 years of age. Such licensee shall be presumed to have used due care in making the sale, but such presumption shall be rebuttable. The information on the card or license must clearly match the photograph and description of the card or license holder, and there should be no obvious signs of tampering upon reasonable inspection. (MGL c. 138, § 34B) Any licensee claiming exemption under this section must be able to identify the identification shown, either by picture record, written log or other means deemed appropriate by the Licensing Authority.
W. 
Any person who transfers, alters or defaces any such card, or who makes, uses, carries or sells or distributes a false identification card or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card shall be guilty of a misdemeanor and shall be punished by a fine of not more than $200 or by imprisonment for not more than three months. (MGL c. 138, § 34B)
X. 
Any person who is discovered by a police officer or special police officer in the act of violating the provisions of § 502-1V or W may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him or her for such offense, which complaint shall be made as soon as practicable and in any case within 24 hours, Sundays and legal holidays excepted. (MGL c. 138, § 34B)
Y. 
Whoever being under 21 years of age and unaccompanied by his parent or legal guardian knowingly transports or carries on his person any alcohol or alcoholic beverages shall be punished by a fine of not more than $50, provided that this section shall not apply to any person who is between 18 and 21 who is acting in the course of his or her employment. A police officer may arrest without a warrant any person who violates this section. (MGL c. 138, § 34C)

§ 502-2 Hours of operation.

A. 
No alcoholic beverages licensees may close their place of business for any reason other than the following:
(1) 
Upon written request to the Licensing Authority for closing in order to do renovations after approval by the Licensing Authority for such renovations and for a reasonable time of closing in order to perform the renovations;
(2) 
For all holidays and religious days;
(3) 
A closing of one or more days per week upon approval of the Licensing Authority pursuant to licensee's written request and a showing by licensee that it does not have adequate business upon such days;
(4) 
A closing due to an act of God or an illness or some other business problem for which request has been made in writing to the Licensing Authority and approval granted.

§ 502-3 Additional provisions specific to seasonal on-premises liquor licenses.

A. 
Seasonal on-premises liquor licenses shall be effective from April 1 to January 15.
B. 
Seasonal on-premises liquor licensed establishments may be open for any duration between the effective dates; however licensees must file each year with the renewal application to the Licensing Division their intended opening and closing days.
C. 
Seasonal on-premises liquor licensed establishments who need to close for any duration between their documented "season" require written notice from the owner or manager named on the license, and for the owner or manager named on the license to appear before the Licensing Authority at a public meeting for approval.
D. 
Wholesale licensees may deliver alcoholic beverages (on days other than Sunday) to seasonal retail licensees that have renewed their licenses at the same location during the five days immediately preceding the licensed season. Wholesalers may not deliver alcoholic beverages to new seasonal licensees until the first day of the licensed season.

§ 502-4 Additional provisions specific to annual liquor licenses.

A. 
All types of annual liquor license holders may close for a period of no more than 30 days and require written notice from the owner or manager named on the license to be approved by the Licensing Authority at a public meeting.
B. 
Closure of an annual liquor licensed establishment longer than 30 days requires written notice from the owner or manager named on the license, and for the owner or manager named on the license to appear before the Licensing Authority at a public meeting for approval.
C. 
The Licensing Authority reserves the right to deny or amend a closure request greater than 30 days.
D. 
If a licensee's request for closure for greater than 60 days reoccurs more than two consecutive years, an explanation must be included with the written request as to why the licensee should not consider amending the license to seasonal vs. retaining the annual license.

§ 502-5 Additional provisions for on-premises licenses.

A. 
Licensees shall take such steps as are necessary to ensure that patrons or employees do not leave the premises with alcoholic beverages. Such steps may include:
(1) 
Having an employee stationed at the door to watch patrons as they leave;
(2) 
Refusing to serve beer in bottles;
(3) 
Refusing to serve alcoholic beverages in disposable cups. When patrons are observed leaving the premises with beer bottles, beer cans, or cups or glasses filled with liquids that smell like alcoholic beverages to the Board's agents, it shall be presumed that the vessels contain alcoholic beverages.
B. 
No alcoholic beverages shall be served to a patron, licensee or employee after the closing hours indicated on the license, and all glasses, bottles, or other containers used for or containing alcoholic beverages shall be removed from all tables, bars, counters, patrons and public areas no later than 15 minutes after the approved closing time on the license for the sale of alcoholic beverages. No alcoholic beverages shall be consumed thereafter.
C. 
All patrons must be off the licensed premises within 30 minutes after closing. Employees must be off the premises within 60 minutes after closing except as allowed by law.
D. 
The police must be notified if employees are going to remain after 2:00 a.m. for closing and/or cleaning.
E. 
No minimum alcoholic beverage drinking requirement or minimum charge for the purpose of alcoholic beverages shall be imposed upon any customer.
F. 
No licensee shall impose a minimum charge for food and/or nonalcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or nonalcoholic beverages.
G. 
No alcoholic beverages shall be sold for less than the actual cost of the beverage to the licensee.
H. 
An admission charge shall not be credited towards the purchase price of any alcoholic beverage.
I. 
All licensees shall maintain a schedule of the prices charged for all drinks to be served and drunk on the licensed premises or in any room or part thereof. Such prices shall be effective for not less than one calendar week.
J. 
No licensee or employee or agent of a licensee shall:
(1) 
Offer or deliver any free drinks to any person or group of persons;
(2) 
Deliver more than two drinks to one person at one time;
(3) 
Sell, offer to sell or deliver to any person or group of persons any drinks at a price less or more than the price regularly charged for such drinks to the general public on that day and/or during the same calendar week, except at private functions not open to the general public;
(4) 
Sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
(5) 
Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;
(6) 
Encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes;
(7) 
No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under this section.
K. 
Alcoholic beverages licensees shall enter into no agreement or understanding which sets a minimum requirement for gross sales of food and beverages at the premises.
L. 
All on-premises licensees shall provide to the Licensing Board an accurate floor plan outlining the position of all tables, chairs, booths, bars, counters, stools, barstools, dance floors, or areas, railing partitions, and other barriers at the premises. These plans shall be certified annually with a signature from the owner or manager on record and dated. Substantive renovations of any kind may not be made without notification to the Licensing Authority and the approval of the Licensing Authority. This includes substantial changes in the arrangement of movable furniture.
M. 
Nothing shall be construed to prohibit licensees from offering free food or entertainment at any time; or to prohibit licensees from including a drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit those licensed under MGL c. 138, § 15, from offering free wine tastings; or to prohibit those licensed under MGL c. 138, § 12, from offering room services to registered guests.
N. 
Licensees who choose to permit minors onto the premises, whether pursuant to an "I.D. bracelet" program or otherwise, are held accountable if minors are found to be drinking alcoholic beverages on the premises, whether or not the Board's agents are able to prove that the licensee actually served the drink directly to the minor. Sufficient security personnel should be employed to monitor the premises to ensure that patrons do not pass alcoholic beverages to minors.
O. 
Any establishment licensed to sell alcoholic beverages to be drunk on the premises shall post a copy of the penalties for driving under the influence set forth in MGL c. 90, § 24. Said copies shall be posted conspicuously in said establishments. Said copies are available at the Alcoholic Beverages Control Commission. (MGL c. 138, § 34D)

§ 502-6 Additional provisions for package store licenses.

A. 
Hours of operation:
(1) 
A package store licensee is permitted to make sales between 8:00 a.m. and 11:00 p.m. Monday through Saturday and between 10:00 a.m. and 11:00 p.m. on Sunday.
(2) 
A package store licensee is permitted to make sales until 11:30 p.m. on the day before a legal holiday, and on such other days and times which may be allowed by law and approved by the Licensing Authority.
(3) 
No licensee may sell or deliver any alcoholic beverages on Thanksgiving Day or Christmas Day, or before noon on Memorial Day.
[Amended 2-13-2017]
(4) 
Employees must be paid at a rate not less than 1 1/2 times the employees' regular rate on a Sunday.
(5) 
No employee shall be required to work, and refusal to work on a Sunday shall not be grounds for discrimination, dismissal, deduction of hours, or any other penalty.
B. 
Records of deliveries. Package store licensees are required to keep a written record of the name and address of every person to whom a delivery is made outside of the premises. Additionally, the record must include the information as to the amount of alcoholic beverages that were delivered, the date and time of delivery, and the signature of the person receiving the delivery. If such signature is illegible, the licensee is required to have the patron print his or her name under said signature. Such records must be maintained for a period of not less than one year from the list entry therein and must be available to the Licensing Authority and its agents for inspection at any time in a form suitable for easy inspection.
C. 
Sale of kegs. Licensees shall not sell or deliver malt beverages in kegs to any person unless that person presents a valid identification containing a picture of the holder. Licensees shall record the ID number, the name, address, date of birth, and expiration date from the ID. The date of the transaction and quantity of malt beverages and brand name shall be maintained by the licensee for a period of one year and shall be available for inspection by the Licensing Authority, its agents or the police during usual business hours of the licensee.
D. 
Establishments licensed to sell alcoholic beverages not to be drunk on the premises shall post a copy of the penalties for operating a motor vehicle while drinking from an open container. (MGL c. 90, § 24I) Said copies shall be posted conspicuously in said establishments. Said copies are available at the Alcoholic Beverages Control Commission. (MGL c. 138, § 34D)

§ 502-7 Additional provisions for private or public club licenses.

A. 
Issuance of license.
(1) 
The Licensing Board may grant a license to any organization, LLC, corporation or entity, authorizing it to dispense food and alcoholic beverages to be consumed on its premises.
(2) 
Private clubs licensed for the sale and service of alcoholic beverages may serve such beverages and may serve food to members and to guests of members and to no others.
B. 
Lists of members and employees for private clubs. A current list of employees and members and, if allowed, guests shall be available upon request of authorized agents of the Licensing Board.

§ 502-8 Additional provisions for arts and cultural wine and malt licenses.

A. 
Arts and cultural businesses qualified for this wine and malt general on-premises license category shall be defined as a nonprofit or for-profit business primarily engaged in the following visual and/or performing arts:
(1) 
Galleries which operate as a repository or a collection of works of individual art pieces, not mass produced, consisting of one or more of the following: paintings, drawings, etchings, sculptures, pottery, handmade wearable art and other visual art media; may include the sale of related objects and services.
(2) 
Cultural arts venues which host theater, dance, music or other performing arts that are open to the public.
(3) 
Museums or historic sites established for preserving or exhibiting artistic, historical, scientific, natural or man-made objects of interest, designed to be used by the public for viewing.

§ 502-9 Additional provisions for registered pharmacists' alcoholic beverages licenses.

A. 
Issuance of license. A registered pharmacist who holds a certificate of fitness under MGL c. 138, § 30, may use alcohol for the manufacture of United States Pharmacopeia or National Formulary preparations and all medicinal preparations unfit for beverage purposes, and may sell alcohol and, upon the prescription of a registered physician, wines, malt beverages, and other alcoholic beverages, and a registered pharmacist may be licensed by the Licensing Board to sell alcoholic beverages for medicinal, mechanical or chemical purposes without a physician's prescription.
B. 
Sundays and legal holidays. No licensee under this section shall sell any alcoholic beverages or alcohol without a physician's prescription on Sundays or legal holidays.
C. 
Register to be kept. Licensees under this section shall maintain a book in which each licensee shall enter, at the time of every such sale, the date thereof, the name of the purchaser, the kind, quantity and price of said beverage, the purpose for which it was sold, and the residence by street and number, if any, of a physician; the book shall also contain the name of the physician and shall state the use for which said beverages is prescribed and the quantity to be used for such purpose.

§ 502-10 Special one-day liquor licenses.

A. 
All applicants for a special license are responsible for the General Laws of Massachusetts pertaining to sale of alcoholic beverages: Massachusetts General Laws Chapter 138 and the Barnstable Licensing Authority's Rules and Regulations, Ch. 503.
B. 
No person, corporation, partnership or association may be granted a special license for more than a total of 30 days per calendar year.
C. 
No special license may be granted to any person, corporation, partnership or association while its application for an MGL c. 138, § 12, license is pending.
D. 
No more than one license can be issued for a premises at one time. Therefore, a special license cannot be issued for use in an existing or pending licensed premises.
E. 
Special licenses for the sale of beer and wine may be granted to for-profit and nonprofit organizations.
F. 
Special licenses for the sale of all alcohol beverages may only be granted to nonprofit organizations.
G. 
All applicants are required to purchase alcohol for their event from an authorized source, usually a licensed wholesaler in Massachusetts.
H. 
Application and public hearing requirements:
(1) 
Applications must be submitted no less than 30 days prior to the public hearing.
(2) 
Application as a nonprofit organization must include submission of a copy of Form 501(3)(c).
(3) 
The applicant shall further certify that the Police and Fire Departments have been consulted with respect to the event and have approved said application.
(4) 
A floor plan, approved and signed by the Building Commissioner, shall be submitted with the application, specifying proposed areas of service and consumption, seating, tables, entrances/exits and entertainment (if applicable).
(5) 
A security plan will be submitted with the application.