[Adopted 6-13-1967; amended in its entirety 2-15-2005]
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
The Select Board is duly authorized by statute
to issue and to regulate alcoholic beverage licenses. These regulations
set the standards by which the Select Board will review requests by
holders of common victualler licenses for all alcohol and for wine
and malt only licenses. It is the intent of the Select Board that
alcoholic beverage service in restaurants should be incidental to
food service and that establishments whose primary purpose is the
service of alcoholic beverages will not be licensed.
A.Â
The issuance of an all alcohol or a wine and malt
beverage only license is an accommodation to a duly licensed common
victualler who serves food to the public in a restaurant.
B.Â
An alcoholic beverage license shall not be issued
to any applicant unless such applicant is the licensee named and operating
the dining facility identified in the common victualler license.
C.Â
An alcoholic
beverage license shall not be granted to establishments that have
their primary business derived from fast-food service, as defined
in the Zoning Bylaw.
[Added 3-15-2010]
[Amended 3-15-2010]
A.Â
Unless the Select Board elects to reduce such hours
as a condition of a license, the hours for serving alcoholic beverages
shall not exceed the following:
[Amended 3-27-2019 ATM by Art. 34]
(1)Â
11:00 a.m. to 12:00 midnight, seven days a week.
(2)Â
Restaurants may serve alcoholic beverages past 12:00
midnight on New Year's Eve until 1:00 a.m. on January 1, subject to
a written request to and the prior approval in writing from the Town
Manager. In determining whether to approve such request, the Town
Manager shall take into consideration any objections or complaints
concerning club operations that may have been received by the Town
or the Town police.
B.Â
The hours during which sales of alcoholic beverages
may be made in a restaurant are further limited to the times when
the dining room is open and food service is available. No alcoholic
beverages shall be sold or served in a restaurant before it is open
and food service is available, nor after the restaurant has been closed
or food service has ended. "Food service" is defined as the service
of any food, including appetizers, desserts and snacks.
[1]
Editor's Note: Former § 187-11, Cocktail lounges
and service bars, was repealed 3-15-2010.
Automatic amusement devices in compliance with
MGL c. 140, § 177A, may be kept in licensed premises, provided
that each such device is properly licensed by the Town of Lexington
as an automatic amusement device, and is installed on the premises
so as to be kept in open view at all times while in operation, and
shall at all times be available for inspection. No device designed
or intended for gambling, gaming or betting for money or property
shall be permitted in a licensed premises, nor shall any other automatic
amusement device be permitted to be used for such purpose. The term
"automatic amusement device" shall mean any mechanism whereby, upon
the deposit therein 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 player, including but not limited to such devices
commonly known as "pinball machines" and "video or electronic games."
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
All alcoholic beverages must be bought, served
and drunk on the premises. No person shall be allowed to take or consume
alcoholic beverages on the sidewalks of any licensed establishment
or on the public sidewalks, unless an application to extend the licensed
premises has been approved by the Select Board of. Such extension
must meet guidelines for extension of premises to patio and outdoor
areas established by the ABCC.
[Amended 3-27-2019 ATM by Art. 34]
No license shall be sold, transferred or surrendered
without the prior approval of the Select Board.
[1]
Editor's Note: Former § 187-15, Cordials and liqueurs,
was repealed 3-15-2010.
All alcoholic beverage licenses are conditioned
on the compliance with all applicable state and local laws, including
but not limited to MGL c. 138 and 140, the State Building Code, the
ABCC Regulations and Lexington's bylaws and regulations.
A.Â
No corporation, organized under the laws of the commonwealth
or any other state or foreign country, shall be issued a license to
sell in any manner any alcoholic beverages unless such corporation
shall have first appointed, by vote of its Board of Directors or other
similar board, as manager or other principal representative, a citizen
of the United States, and shall have vested in him by properly authorized
and executed written delegation full authority and control of the
premises described in the license of such corporation and of the conduct
of all business therein relative to alcoholic beverages nor unless
such manager or representative is, with respect to his character,
satisfactory to the licensing authorities.
B.Â
Such manager or representative shall be present in the licensed premises and shall be available to the licensing authorities at all times during which alcoholic beverages are being sold pursuant to the license of such corporation, unless some other person, similarly qualified, authorized and satisfactory to the licensing authorities, and whose authority to act in place of such manager or principal representative shall first have been certified to the licensing authorities as set forth in Subsection C, is present in the premises and acting in the place of such manager or principal representative.
[Amended 3-15-2010]
C.Â
All managers listed on the license must provide the
Board with proof of successful completion of an accredited alcoholic
beverage server training program [such as Training for Intervention
Procedures by Servers (TIPS)]. All other employees must complete similar
in-house training within 30 days of hire.
No alcoholic beverage license shall be granted
unless toilet facilities are generally available to the patrons of
the restaurant.
The alcoholic beverage license must be prominently
displayed and available for public viewing inside the premises.
The manager or representative is responsible
for the order and decorum kept in the premises and in the immediate
surrounding exterior area and must cooperate with Town officials.
The property is subject to inspection by appropriate Town officials.
If the licensed establishment is closed for
more than seven consecutive days or 10 days in a calendar year without
prior approval, it shall be considered abandonment of the alcoholic
beverage license and is cause for the suspension or revocation of
the license.
[Amended 3-27-2019 ATM by Art. 34]
Alcoholic licenses issued shall be conditioned
on strict compliance with these regulations, and any failure to comply
may be cause for refusing to grant or renew a license or for suspending,
canceling, or revoking a license already granted, at the discretion
of the Select Board after consideration of all relevant circumstances.
A.Â
Alcoholic beverage licenses are issued for one year
only, subject to annual review and renewal by the Board.
B.Â
No action shall be taken by the Select Board on an
application until the information requested on the application form
is complete and all license fees are paid.
[Amended 3-27-2019 ATM by Art. 34]
C.Â
All applicants must submit to the Select Board with
the application a floor plan of the building on which is clearly marked
and designated the location of proposed service bars and the dining
rooms, function rooms, restrooms, or other rooms in which approval
of the Select Board for the sale of alcoholic beverages is requested.
Sales and service of alcoholic beverages are prohibited in any areas
or locations not expressly approved by the Select Board, and no change
in such area or location may be made without prior approval of the
Select Board.
[Amended 3-27-2019 ATM by Art. 34]
D.Â
Every application for an alcoholic beverage license
made by a corporation shall state the full names and home addresses
of the president, treasurer, clerk and secretary, directors and manager
or other principal representative of the corporation. The application
shall be signed by a corporate officer duly authorized by a vote of
the corporation's board of directors or other similar board. A copy
of such vote certified by the clerk or secretary of the corporation,
together with a copy of the certificate of its organization, shall
be submitted with the application. A copy of the vote appointing the
corporation's manager or other principal representative shall also
be submitted with the application.
E.Â
All applications for licenses shall be made upon blanks
furnished by the licensing authorities, shall be fully answered in
detail and shall be typewritten or legibly written in ink. Applications
written in pencil, in whole or in part, will not be accepted.
F.Â
Statements and information provided in all applications
shall be made under the pains and penalties of perjury, and any false
statement contained in any application shall be cause for refusing
to grant or renew the alcoholic beverage license or for suspending,
canceling or revoking an alcoholic beverage license already granted.
H.Â
For a new license or change of license, an administrative
fee of $100 is due at the time of application.
I.Â
If an applicant is denied a license, a new application
shall not be received for 12 months unless a Select Board member,
who previously voted against the application, moves to allow resubmission
and such motion prevails.
[Amended 3-27-2019 ATM by Art. 34]
The Town of Lexington, by a vote of its citizens,
had earlier established alcoholic beverage licenses for restaurants
with a minimum seating capacity of 99. In 2002, the Lexington Center
Committee began to discuss ways to attract more businesses to the
commercial district. It found that surrounding communities such as
Arlington and Waltham had revitalized their commercial areas by attracting
smaller chef-owned restaurants. The ability to sell alcohol made these
restaurants economically viable. Town Meeting passed a home rule petition
seeking to eliminate the ninety-nine-seat minimum seating capacity.
That petition was approved by the Legislature and then overwhelmingly
approved by the citizens on March 2, 2004, by a vote of 7022 to 1224.