[Adopted as Art. 47 of the 1990 Bylaws]
No person shall use or consume an alcoholic
beverage, as defined by MGL c. 138, § 1, as amended, or
possess an open container of such beverage, including any person in
a motor vehicle, while such person is in or upon any public 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, building, structure, sidewalk, beach, or any public
building owned or under the control of the Town of Amesbury; provided,
however, that notwithstanding any ordinance to the contrary, the Municipal
Council or designee may authorize any organization using a public
building or grounds, with its permission, to possess and sell alcoholic
beverages therein or thereon, provided that such organization or person
is properly licensed under the provisions of MGL c. 138, § 14
or other applicable provision. All alcoholic beverages being used
in violation of this section shall be seized and held in evidence
at the Amesbury Police Department until final adjudication of the
case, upon which they will be destroyed. Whoever violates the provisions
of this section shall be subject to a fine of $200.
It shall be unlawful for any person, business, corporation or
partnership to sell or cause to be sold to any person under the age
of 21 nonalcoholic beer or any malt beverage with any alcoholic content,
however much reduced. Whoever violates this section shall be subject
to a fine of $100.
A.
It shall be unlawful for any person maintaining, owning
or operating a commercial establishment located within the Town of
Amesbury at which alcoholic beverages are consumed or offered for
sale for consumption on the premises to suffer or permit:
(1)
Any female person, while on the premises of the commercial
establishment, to expose to the public view that area of the female
breast at or below the areola thereof.
(2)
Any female person, while on the premises of the commercial establishment, to employ any device or covering which is intended to give the appearance of or simulate such portions of the female breast as described in Subsection A(1) above.
(3)
Any person, while on the premises of the commercial
establishment, to expose to the public view his or her genitals, pubic
area, anus, anal cleavage or anal cleft.
(4)
Any person, while on the premises of the commercial
establishment, to employ any device or covering which is intended
to give the appearance of or simulate the genitals, pubic area, anus,
anal cleavage, or anal cleft.
B.
It shall be unlawful for any female person, while
on the premises of a commercial establishment located within the Town
of Amesbury at which alcoholic beverages are consumed or are offered
for sale for consumption on the premises, to expose to the public
view that area of the female breast at or below the areola thereof
or to employ any device or covering which is intended to give the
appearance of or simulate portions of the female breast as described
herein.
C.
It shall be unlawful for any person, while on the
premises of a commercial establishment located within the Town of
Amesbury at which alcoholic beverages are consumed or are offered
for sale for consumption on the premises, to expose to the public
view his or her genitals, pubic area, anal cleavage, or anal cleft.
D.
A violation of this section by the owner or operator
of business licensed to sell alcoholic beverages shall be punishable
by a fine of $500 for the first offense and/or the suspension or revocation
of said liquor license. Any subsequent violation within three years
after a conviction for the same or similar violation shall be punishable
by a fine of $1,000 and/or the suspension or revocation of said liquor
license.[1]
