[HISTORY: Adopted by the Town Meeting of the Town of Hopkinton 3-6-1944 ATM by Art. 1; amended 5-4-2009 ATM by Art. 20; 5-2-2011 ATM by Art. 41; 5-7-2012 ATM by Art. 41; 5-6-2014 by Art. 25. Subsequent amendments noted where applicable.]
A. 
Except as otherwise provided in this Chapter, no person shall consume an alcoholic beverage, as defined by Chapter 138, Section 1 of the General Laws; or possess an opened container of such beverage; or smoke, ingest or otherwise use or consume marijuana or tetrahydrocannabinol, as defined by Chapter 94C, Section 1 of the General Laws, within the limits of any park, playground, public building or any public land (but not including a public way) owned or under the control of the Town of Hopkinton. Nor shall any person consume an alcoholic beverage or smoke, ingest or otherwise use or consume marijuana or tetrahydrocannabinol, as previously defined, on any public way or way to which the public has a right of access as invitees or licensees, including any person in a motor vehicle while it is in, on or upon any public way or any way to which the public has a right of access as aforesaid within the limits of the Town of Hopkinton. Nor shall any person consume an alcoholic beverage, as previously defined, in, or upon any private land or place without the consent of the owner or person in control of such private land or place.
B. 
Subsection A of this Section shall not be construed to apply to the consumption or possession on public land of samples of wine provided, without charge, to prospective customers at an agricultural event authorized pursuant to Chapter 138, Section 15F of the General Laws; provided, however, that no such sample may exceed one ounce of wine and no more than five such samples may be served to an individual prospective customer.
C. 
Notwithstanding the proscriptions set forth in Section 58-1A, the Select Board may authorize events during which alcoholic beverages may be served, possessed, sold, or consumed in a public building or on public land, excluding (1) a public way, (2) property under the care, custody or control of the School Department, or (3) public buildings or public lands within 500 feet of an elementary or secondary school, public or private, giving not less than the minimum instruction and training required by Chapter 71 of the General Laws to children of compulsory school age, and as measured under 204 CMR 2.11, and provided that:
(1) 
A non-profit organization hosts the event during which alcoholic beverages may be served, possessed, sold, or consumed;
(2) 
The net proceeds raised from such service, possession, sale, or consumption are used in a manner that directly and specifically benefits the Town or its residents;
(3) 
The event marks a special occasion for the non-profit organization or the Town; and
(4) 
Consumption does not occur outside the hours of 10:00 a.m. – 1:00 a.m.
In granting its approval, the Select Board may impose such terms and conditions as it deems reasonable for the protection of health and safety. Permission to host an event under this Section shall not relieve the non-profit organization from obtaining any required permits or licenses to serve alcoholic beverages pursuant to Chapter 138 of the General Laws.
Whoever violates the provisions of this chapter as it pertains to alcoholic beverages shall be punished by a fine not exceeding one hundred ($100) dollars for such offense. Whoever violates the provisions of this chapter as it pertains to marijuana or tetrahydrocannabinol shall be punished by a fine not exceeding three hundred ($300) dollars for such offense, in addition to any civil penalty imposed under Chapter 94C, Section 32L, of the General Laws.
[Amended 5-7-2018 ATM by Art. 41]
A. 
Use of Tobacco and Products Containing Tobacco or Nicotine.
(1) 
The Board of Health shall issue regulations prohibiting the consumption and use of tobacco and products containing tobacco or nicotine in a public outdoor place by a person under the age of 21.
(2) 
All tobacco and products containing tobacco or nicotine used in violation of the Board of Health’s regulations by a person under the age of 18, shall be confiscated and the parent(s) or legal guardian(s) of the person shall be notified of such violation and provided with (1) educational materials on the health issues related to tobacco and nicotine and (2) information on cessation programs. No individual under the age of 18 years shall be subject to a monetary penalty.
(3) 
Individuals 18 years of age and over who use tobacco and products containing tobacco or nicotine in violation of the Board of Health’s regulations may be penalized by non-criminal disposition as provided by § 1-4 and M.G.L. c. 40, § 21D.
B. 
Sale of Tobacco and Products Containing Tobacco or Nicotine.
(1) 
The Board of Health shall issue regulations governing the sale of tobacco and products containing tobacco or nicotine to individuals under the age of 21.
(2) 
Individuals who sell tobacco and products containing tobacco or nicotine in violations of the Board of Health’s regulations may be penalized by non-criminal disposition as provided by § 1-4 and M.G.L. c. 40, § 21D.
C. 
Nothing in this section shall be construed to limit the authority of the Board of Health to adopt reasonable regulations relating to tobacco or products containing tobacco or nicotine pursuant to M.G.L. c. 111, § 31.
Consistent with M.G.L. c. 94G, § 3(a)(2), all types of "marijuana establishments," as defined in M.G.L. c. 94G, § 1(j) and as may otherwise be defined by Massachusetts law or regulation, shall be prohibited within the Town of Hopkinton; provided, however, that Registered Marijuana Dispensaries, as expressly authorized by the provisions of Chapter 369 of the Acts of 2012 and 105 CMR 725.000, as it may be amended from time to time, and Marijuana Testing Laboratories and Marijuana Research Facilities, including those that develop detection systems for cannabinol compounds, both as defined in M.G.L. c. 94G, § 1(j), shall not be deemed to be marijuana establishments for purposes of this provision.