[Adopted 10-4-2004]
[Amended 3-27-2019 ATM by Art. 34]
The Select Board is duly authorized by statute
to issue and to regulate alcoholic beverage licenses. As a result,
the Select Board is the primary enforcement agency for compliance
with ABCC, and Town regulations governing alcohol. The Police Department
also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive, but
for education and to ensure these regulations are consistently followed
and applied. It is in the community's best interest for all to understand
the benefits of complying with the laws governing alcohol.
A.
The licensee is responsible, whether present or not,
for ensuring that no disorder, disturbance, or illegality takes place
in or on a licensed premises.
B.
Violations may include, but not be limited to, service
to an underage person, sale or delivery to intoxicated persons, use
of narcotics on the premises, gambling, failure to meet any of the
terms of the regulations of the Select Board.
[Amended 3-27-2019 ATM by Art. 34]
Periodically, the police conduct stings and
checks at licensed locations for compliance. When checks take place,
the police shall use the guidelines from the ABCC for compliance checks.
A.
The following course of action will be taken upon
violations occurring within three years:
(1)
First offense: written warning placed in the licensing
file and required training for personnel involved;
(2)
Second offense: hearing before the Select Board to
determine action including suspension and revocation of license.
[Amended 3-27-2019 ATM by Art. 34]
(3)
Circumstances may necessitate more serious consequences
on any violations.
[Amended 3-15-2010]
B.
Violations of other rules and regulations will be
brought to the attention of the Select Board who shall determine whether
or not a hearing is necessary. In most cases, a hearing will be held
to determine what, if any, action should be taken.
[Amended 3-27-2019 ATM by Art. 34]
All violations and complaints received about
licensed establishments shall be in writing and placed in the file
of the licensee.
[Amended 3-15-2010; 3-27-2019 ATM by Art. 34]
A.
At the time of license renewal and/or changes to the
license, the Select Board will be made aware of any violations or
complaints in the last three years and may use that as a basis for
action on the license renewal or change.
B.
Upon notice of violations or complaints, the license
holder may provide to the Select Board evidence of steps taken to
address the violation or of mitigating circumstances. Failure to respond
could result in revocation or suspension of liquor license. Information
provided to the Board shall be placed in the licensee's file and may
be considered as a basis for action on the license renewal or change.
[Amended 3-27-2019 ATM by Art. 34]
The license holder has the right to appeal any
decision of the Select Board within five days of the decision to ABCC.
[Amended 3-27-2019 ATM by Art. 34]
When violations occur to the rules and regulations
regarding alcohol license, it is the Select Board who is ultimately
responsible for enforcing the regulations in conjunction with the
Police Department. This enforcement policy is intended to provide
guidance to all licensees of their obligations and the consequences
for not following applicable laws and regulations.
