[Adopted 11-8-2004; 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
package store licenses.
The alcoholic beverage license must be prominently
displayed and available for public viewing inside the premises.
[Amended 3-15-2010]
All employees must be 18 years of age or older.
Package stores may not sell or deliver alcoholic
beverages on Memorial Day, Thanksgiving, or Christmas (or the next
day if Christmas occurs on a Sunday).
[Amended 3-27-2019 ATM by Art. 34]
Unless the Select Board elects to reduce such
hours as a condition of a license, the hours for selling alcoholic
beverages shall not exceed the following:
A.
No package store license shall be issued to any applicant
who has been convicted of a felony.
B.
Package store licenses shall be issued only to retail
establishments that specialize in the sale of alcoholic beverages.
Such licenses shall not be issued to grocery stores or convenience
stores. For purposes of this regulation, retail establishments in
which alcoholic beverages constitute 75% or more of their annual sales
shall be considered eligible for a package store license. Upon request
from the Select Board, applicants and/or license holders shall furnish
proof of compliance with this regulation.
[Amended 3-27-2019 ATM by Art. 34]
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."
Licenses shall not be issued to establishments
located within a residential neighborhood area.
Package store licensees must conspicuously post
a list of prices for all alcoholic beverages being sold on the premises
in each room where alcoholic beverages are displayed or sold.
[Amended 3-27-2019 ATM by Art. 34]
No license shall be sold, transferred or surrendered
without the prior approval of the Select Board.
Pursuant to state law, each applicant, whether
an individual, partnership or corporation (including its affiliated
entities), is eligible to receive no more than one package store license
in Lexington.
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.
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 who is 21 years of age or older, and shall have
vested in him by properly authorized and executed written delegation
full authority and control over all business relative to alcoholic
beverages which takes place on the premise.
B.
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 A, is present in the premises and acting in the place of such manager or principal representative.
C.
The licensee shall have a manager or an assistant
manager in charge during open hours who is a responsible person of
good moral character, satisfactory to the licensing authorities.
D.
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.
E.
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]
All alcoholic beverage licenses 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.
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 sales area and storage area
in which approval of the Select Board for the sale or storage 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.
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.
For a new license or change of license, an administrative
fee of $100 is due at the time of application.
I.
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]
