[Adopted 6-13-1967; amended in its entirety 2-15-2005]
[Amended 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 for
all alcohol licenses by clubs, including posts of war veterans organizations.
Unless otherwise specified, "club," when used in these regulations,
includes posts of war veterans organizations.
A.
The issuance of an all alcohol license is an accommodation to a duly licensed club, as defined in Massachusetts General Laws Chapter 138, § 1, and to posts of war veterans organizations.
B.
Only clubs providing food service are eligible to
receive alcoholic beverages licenses. "Food service" is defined as
the service of any food, including appetizers, desserts and snacks.
[Amended 3-15-2010]
A.
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 3-15-2010; 3-27-2019 ATM by Art. 34]
(1)
Monday through Saturday: 11:00 a.m. to 12:00 midnight
seven days a week.
(2)
Holiday hours are to be determined by the Select Board.
Clubs 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 a 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.
The hours during which sales of alcoholic beverages
may be made in a club are further limited to the times when food service
is available. No alcoholic beverages shall be sold or served before
the club is open and food service is available, nor after food service
has ended.
C.
No member, guest or employee shall be served alcoholic
beverages after the hour when legal sales of alcoholic beverages must
be concluded.
D.
All tables shall be cleared of alcoholic beverages
within one-half hour after the hour when legal sales of alcoholic
beverages must be concluded.
A.
The club licensee shall have a manager approved by
the Select Board or a supervisor designated by the manager in charge
during open hours who is a responsible person of good moral character.
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
B.
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.
C.
Such manager or other principal 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 B, is present in the premises and acting in the place of such manager or principal representative.
D.
The manager listed on the license, approved by the
Board, 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)]. Bartenders
must complete similar in-house training within 30 days of hire.
[Amended 3-15-2010]
E.
The manager or supervisor 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.
[Amended 3-15-2010]
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
A current list of members, associate members
and guests shall at all times be available to the Select Board (the
Licensing Board) or its representatives.
Members in licensed clubs who do not meet standard
membership criteria as set forth in the club license application shall
be subject to the approval of the licensing authority.
A.
Alcoholic beverages may be sold to club members and
guests introduced by members, but to no others.
B.
The bartender shall refuse to serve any member or
guest under the age of 21. A bartender may be held criminally responsible
for the sale of any alcoholic beverage to any person under the age
of 21 years. When in doubt of age, the bartender shall require a Massachusetts
driver’s license, official Massachusetts RMV drinking age identification
card, United States passport or military identification card as proof
of age.
[Amended 3-15-2010]
C.
The bartender shall refuse to serve a member or guest
who is in a condition of intoxication.
The bartender and manager shall make an effort
to prevent a member or guest from operating a motor vehicle if said
member or guest appears to be "under the influence" of alcohol.
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
All alcoholic beverages must be bought, served
and drunk inside the building, except as otherwise approved by the
Select Board and the Alcohol Beverage Control Commission.
No alcoholic beverage license shall be granted
unless toilet facilities are generally available to the patrons of
the club.
The interior and exterior of the premises must
be well lit at all times.
There shall be no indecent or immoral entertainment
or behavior on or in the licensed premises.
[1]
Editor's Note: Former § 187-37, Cocktail lounges
and service bars, was repealed 3-15-2010.
No alcoholic beverage shall be served without
charge.
No sale of alcoholic beverages by the bottle
or case shall be made and removed from the premises.
[Added 3-15-2010; amended 3-27-2019 ATM by Art. 34]
No live entertainment or D.J. (disc jockey) is permitted without express approval and authorization of the Select Board. Every effort must be taken to avoid noise levels exceeding allowable levels as provided in Chapter 80 Noise Control, of The Code of Lexington.
[Added 3-15-2010]
These regulations apply to any function or rental conducted
on the club premises.
Automatic amusement devices in compliance with
M.G.L. 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."
[1]
Editor's Note: Former § 187-41, 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.
The alcoholic beverage license must be prominently
displayed and available for public viewing inside the premises.
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.
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
The Select Board reserves the right to amend
these rules and regulations provided by law and ABCC regulations.
A.
Alcoholic beverage licenses are issued for one year
only, subject to annual review and renewal by the Board.
B.
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.
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.
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.
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.
All applicants shall submit with their application
the criteria for membership and a list of club members, including
name, home address, and initial date of membership in club. The Select
Board reserves the right to make further inquiry into how listed members
meet the criteria for club membership.
[Amended 3-27-2019 ATM by Art. 34]
G.
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.
The annual license fee is due at the time of applying
for or renewing an alcoholic beverage license. Annual fees for clubs
are: $400.
I.
For a new license or change of license, an administrative
fee of $100 is due at the time of application.
J.
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]
Club licenses in Lexington are granted to organizations
for the benefit of their members and guests. Clubs shall not be used
as a bar or cocktail lounge as they are strictly prohibited in Lexington.
