[Adopted 11-15-2006 STM by Art. 14]
To protect the health, safety, and welfare of its inhabitants, this bylaw shall permit the Town of Hadley to regulate the possession of kegs containing malt beverages and the dispensing of malt beverages from kegs.
- ALCOHOLIC BEVERAGES
- All liquids intended for human consumption as a beverage which contain 1/2 of 1% or more of alcohol by volume at 60° F., including malt beverages.
- To transfer or exchange alcoholic beverages, including pouring and the providing of access to such beverages, whether or not for monetary consideration.
- Any metal, wooden, plastic, paper or other container designed to hold 5.5 or more gallons of liquid and actually containing some amount of a malt beverage.
- KEG LICENSE
- A special license issued by the Select Board of the Town of Hadley to permit the possession of malt beverage in a keg and the dispensing of malt beverages from kegs within the Town of Hadley.
- LICENSED ACTIVITY
- An indoor or outdoor activity or enterprise for which a special license has been issued to a responsible manager, pursuant to MGL c. 138, § 14.
- LICENSED ESTABLISHMENT
- A retail establishment holding a license pursuant to MGL c. 138, § 15 which sells alcoholic beverages for consumption off of the premises and an establishment licensed pursuant to MGL c. 138, § 12 which sells alcoholic beverages to be consumed on the premises.
- Any person, club, partnership, corporation or other entity licensed under the provisions of MGL c. 138 to sell alcoholic beverages, including malt beverages.
- MALT BEVERAGES
- All alcoholic beverages 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 beer.
- An individual, firm, association, partnership, corporation, or other combination of persons and their agents, servants, employees, stockholders, officers or other person or any subsidiary whatsoever.
- Any transfer or exchange of alcoholic beverages in any manner or by any means whatsoever for direct or indirect consideration.
The Select Board of the Town of Hadley is authorized to issue keg licenses for the possession and dispensing of malt beverages in kegs within the Town of Hadley. The terms and conditions and fees for licenses granted under this section shall be determined by the Select Board as the licensing authority pursuant to this bylaw.
A keg license shall be required for the possession of a keg containing malt beverage, and for the dispensing of a malt beverage from a keg, at any place other than a licensed establishment.
A separate keg license shall not be required if the establishment or activity at which malt beverages will be dispensed is licensed pursuant to MGL c. 138.
Within the Town of Hadley, it shall be unlawful for any person other than a licensee at a licensed establishment or activity to sell or dispense a malt beverage from a keg, or otherwise to possess a keg, unless such person has been issued a valid keg license.
This bylaw shall be enforced by criminal complaint in the District Court. In the alternative, it may be enforced by the noncriminal disposition process of MGL c. 40, § 21D. For the purpose of noncriminal enforcement, the enforcing persons shall be police officers of the Town of Hadley.
[Amended 5-6-2010 ATM by Art. 9]
Any person who violates this bylaw shall be fined $300 for the first and subsequent violations.
If any section, paragraph or provision of this bylaw is held to be invalid or unenforceable, such invalidity or unenforceability of such section, paragraph or provision shall not affect any remaining provisions of this bylaw, which shall remain in full force or effect.