[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.
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.
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.
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.
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.