[HISTORY: Adopted by the Town Council of
the Town of Franklin as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-10-1975 as § 22 of Art. IV of the
Bylaws of the Town of Franklin; amended in its entirety 3-5-2008 by Bylaw Amendment
08-615]
No person shall drink or have in his or her
possession an open container of any alcoholic beverages, as defined
in MGL c. 138, § 1, while in or upon any public way or any
way to which the public has a right of access, any municipal building,
facility or land or any place to which members of the public have
access as invitees or licensees, except upon premises or at an event
for which the Town Council has issued an alcoholic beverages license.
The penalty for each violation of this article
shall be $300; the enforcing agent for purposes of MGL c. 40, § 21D,
shall be the Franklin Police Department.
[Adopted 5-25-1983 by Bylaw Amendment 83-41A; amended in
its entirety 3-5-2008 by Bylaw Amendment 08-615]
Pursuant to the powers conferred on the Franklin
Town Council (hereinafter "Council") by the provisions of MGL c. 138,
§§ 12 and 23, and all other powers the Council may
have, the Council, as local licensing authority, hereby adopts the
following rules and regulations for persons holding alcoholic beverage
licenses (hereinafter "licensees") within the Town of Franklin for
on-premises consumption.
A.
The Council shall establish the hours of operation
of licensees as specified on the individual license.
B.
The licensee and his employees may remain on the licensed
premises for up to one hour after the specified closing time for the
purpose of closing the business in an orderly manner.
C.
The so-called "last call" for serving alcoholic beverages
shall be 15 minutes before the specified closing time, and all unconsumed
alcoholic beverages shall be cleared within 15 minutes following said
closing time.
D.
All customers shall leave the licensed premises no
later than 30 minutes following the specified closing time.
No license shall be transferred or surrendered
without authorization of the Council.
Any licensee intending to close his place of
business shall notify the Council in writing before such closing,
stating in such notice the reason and length of such closing.
All licenses, together with all notices from
state or municipal authorities regarding hours of operation or the
sale of alcoholic beverages to minors or intoxicated persons, shall
be posted conspicuously on the licensed premises.
All areas of the licensed premises shall be
subject to inspection at all times by the Council's designated agents;
the licensee's records of sales and purchases of alcoholic beverages
shall also be subject to inspection at reasonable times and places
and in a reasonable manner by the Council's designated agents.
The licensee shall designate a manager or person
in charge of the premises. Such person shall be regularly employed
on the licensed premises, and the licensee shall notify the Council
in writing if such person is absent for a period in excess of seven
consecutive days. Such notice shall state the estimated length of
such absence and shall indicate who will manage or be in charge of
the premises during such absence. If any such absence exceeds 30 consecutive
days, the licensee shall so notify the Council and request approval
of such absence. If such approval is not given, the licensee shall
designate a new manager, subject to approval by the Council.
The manager shall at all times maintain order
and decorum in the premises and the immediately surrounding area of
the premises and shall cooperate in all ways with public officials
in ensuring the safe and orderly operation of the premises.
No alcoholic beverages shall be sold, kept for
sale, served or consumed in or upon any part of the premises which
is not specifically described in the license.
No licensee or any principal or employee of
any licensee shall permit any disorder, disturbance or illegality
of any kind to take place in or upon the licensed premises or participate
therein. The licensee shall be responsible therefor, whether present
or not. The owner and/or manager of record shall be fully responsible
for any violation or infraction of the law, these rules and regulations,
and disorders or disturbances of any kind which take place in or upon
the licensed premises, whether or not they are present, including
the actions of employees and/or entertainers.
[Added 4-27-2016 by Bylaw Amendment
16-754[1]]
The manager, any alternate manager(s), all bartenders, and all
other employees selling or serving alcohol must participate in a safe-service-of-alcohol
training program designed for the specific type of liquor license
held by the licensee (e.g., for on-premises consumption versus for
retail package store sales) to train persons serving or selling alcohol
in methods of observation and detection to avoid serving or selling
alcohol to intoxicated persons and/or minors. Only insurance-industry-approved
and -qualified training programs will satisfy this training requirement.
All managers and alternate managers must receive in-person training
in order to be employed as a manager or alternate manager and shall
complete the training prior to assuming supervisory duties relating
to alcohol sales and/or service. Non-managerial employees selling
or serving alcohol must receive training and shall complete the training
prior to being permitted to sell or serve alcohol; they may satisfy
this training requirement through on-line training. All persons subject
to this training requirement must be retrained every three years in
the manner specified by this section for that position. The licensee
shall maintain on the licensed premises and make available for inspection
at all times by Town Council or its agent(s) a copy of the certification
card and other proof showing that each person subject to this training
requirement has been trained in the manner specified by this section
within the prior three years.
[1]
Editor's Note: This bylaw amendment provided that it
shall become effective on and after 9-1-2016.
All alcoholic beverages sold by licensees must
be opened and consumed on the licensed premises.
No alcoholic beverages shall be sold to a person
whom the server knows or has reason to know is intoxicated.
The degree of illumination of the licensed premises
during business hours shall be subject to review and control by the
Council or its designated agents.
A current list of employees and their residential
addresses shall be made available upon request of the Council or its
designated agents.
[Amended 12-19-2018 by Bylaw Amendment 18-825; 1-30-2019 by Bylaw Amendment 19-835]
Licenses issued under MGL c. 138, § 12,
for restaurant or innholder licenses, shall be issued only to duly
licensed common victualer and innholders who have adequate and sanitary
kitchen and dining room equipment and capacity for preparing, cooking,
and serving suitable food for strangers, travelers and other patrons,
as required by MGL c. 140. It shall be the obligation of all licensees
and managers thereof to ensure continuous compliance with this requirement.
All such licensees are obligated to provide food for the entire time
period during which alcohol of alcoholic beverages may be purchased.
The availability of snack food, such as popcorn, beef sticks, pretzels,
candy and the like, shall not satisfy this requirement. The requirements
contained in this section shall not apply to a theatre, performing
arts center or other venue, the primary use of which is an arts or
cultural facility. The requirements contained in this section shall
also not apply to an establishment which holds an Alcoholic Beverage
Control Commission-issued farmers series license issued pursuant to
MGL c. 138 §§ 19B (winery), 19C(brewery) or 19E (distillery).
Licensee shall not permit alcoholic beverages
to be brought onto the licensed premises by patrons or anyone other
than a licensed distributor and shall not permit patrons to consume
alcoholic beverages on the licensed premises which were not purchased
there.
These regulations are incorporated by reference
into and made a condition of every license for the sale of alcoholic
beverages for on-premises consumption. Each license shall so indicate
and provide that the licensee acknowledges receipt of a copy of these
regulations.
The Franklin Police Chief and all police officers,
the Fire Chief or his designee, the Building Commissioner, and the
Board of Health agent are each designated as agents of the local licensing
authority authorized to enforce both the provisions of this bylaw
and MGL c. 138.
Violation of any of the foregoing regulations
shall be deemed to be a violation of a condition of the licensee's
alcoholic beverages license and may constitute grounds for the local
licensing authority to modify, suspend, revoke or cancel the license
as provided in MGL c. 138, § 64. A violation of any regulation
that does not directly involve the serving or consumption of alcoholic
beverages shall also be punishable by a fine in the amount of $300;
each violative act or omission shall constitute a separate offense.
The Town Council or its designated agent(s), the Town Administrator
or his designated agent, and the Franklin Police Department shall
be the enforcing agents for purposes of MGL c. 40, § 21D.
[Added 2-12-2014 by Bylaw Amendment 14-727]
A.
Guidelines for compliance check violations:
(1)
First offense: three- to five-day suspension, one to three days to
be served, with balance held in abeyance for two years.
(2)
Second offense*: five- to seven-day suspension, three to five days
to be served, with balance held in abeyance for three years.
(3)
Third offense*: seven- to ten-day suspension, five to seven days
to be served, with balance held in abeyance for five years.
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Note:
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*
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Any outstanding prior penalty held in abeyance shall be brought
forward and served.
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All penalties shall be served, at Council's option, commencing
on the day of the week of the violation.
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B.
Other operational violations: The Town Council shall consider each
alleged violation on its facts, on a case-by-case basis and reserves
its statutory right to modify, suspend or revoke a license; however,
it may, in its sound discretion, apply the guidelines for compliance
check violations, as well as aggravating or mitigating factors as
follows:
(1)
Aggravating factors:
(a)
Deliberateness of violation: intentional, willful, or negligent.
(c)
Multiple statutory and/or local bylaw violations.
(d)
Licensee's obstruction of or non-cooperation in investigation.
(e)
Licensee's failure to provide adequate staff training and
oversight procedures.
(f)
Number and frequency of prior violations.
(2)
Mitigating factors:
