[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.
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.
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.
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.
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.
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.
A.Â
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.
B.Â
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.
C.Â
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.
