[HISTORY: Adopted by Town Meeting as indicated
in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Peace and good order — See Ch. 314.
[Adopted 6-7-1993 ATM, Art. 5 (Section 24.02A of the 1993
General Bylaws); amended 5-5-2008 ATM, Arts. 29 and 31]
No person shall drink or have possession of
any opened can, bottle or container of alcoholic beverages as defined
in MGL c. 138, § 1, while on, in or upon any public way,
or upon any way to which the public has a right of access, or any
place to which members of the public have access as invitees or licensees,
park or playground, or private land or place without the consent of
the owner or person in control thereof. All alcoholic beverages being
used in violation of this bylaw shall be seized and safely held until
final adjudication of the charge against the person or persons arrested
or summoned before the court.
Any person violating any of the provisions of
this bylaw, the punishment for which is not likewise provided, shall
be punished by a fine of not more than $300 for each offense.
[Adopted 6-7-1993 ATM, Art. 5 (Section 28.04 of the 1993
General Bylaws)]
Any retail establishment holding a license pursuant
to MGL c. 138, § 15, which sells malt beverage by the keg
or partial keg shall be required to keep a record of the purchases.
A.
KEG
MALT BEVERAGE
Definitions.
A keg is defined as any metal, wooden, plastic, paper or
other container designed to hold malt beverages.
A malt beverage is defined as any alcoholic
beverage manufactured or produced by the process of brewing or fermentation
of malt, with or without cereal grains or fermentable sugars, or of
hops, and containing not more than 12% of alcohol by weight, including
sugar.
B.
The record kept by the retailer shall include the
name and address of retailer, date or purchase, name and address or
purchaser, size of keg and a number identifying the container.
C.
Such record shall be kept on file at the retailer
for a period of not less than one year.
Every keg shall be visibly and permanently marked with the same number as on the record described in § 171-3B above. In addition, the name and the address of the retailer shall be permanently marked on the keg.
[Amended 5-5-2008 ATM, Art. 31]
Any establishment that violates this bylaw shall
be fined $200 for the first offense and $300 for any subsequent offense.
