These regulations are adopted, and may be amended from time to time, by Orleans Board of Selectmen, pursuant to the provisions of Massachusetts General Laws, Chapter 138 and Chapter 140. All licenses for the sale of alcoholic beverages on and off premises as well as common victualler, club and innholder licenses issued by the Board shall be governed by these regulations, M.G.L. Chapter 138 and Chapter 140, and by the rules and regulations of the Alcoholic Beverage Control Commission (ABCC) of the Commonwealth of Massachusetts.
All license applications must be completed before being submitted
to the Board of Selectmen. Action will follow a public hearing when
required. The office of the Selectmen has provided an instruction
form for the filing of applications which lists the required information
as well as the specific forms required. An applicant wishing to withdraw
his application must do so in writing.
Filing fees must be paid at the time an application is filed
at the office of the ABCC. Fees will vary depending upon the type
of application submitted. Town of Orleans filing fees, if paid for
by check, must have check made payable to: Town of Orleans. Filing
fees required by the Alcoholic Beverage Control Commission must be
made payable to: Alcoholic Beverage Control Commission and must be
a certified check, money order or bank treasurer's check. Filing
fees are not returnable once an application has been accepted by the
offices of the town and/or the ABCC.
Annual license fees must be paid prior to the issuance of the
license. License fees shall be for the benefit of the licensee and
no portion of said fee shall be refunded or transferred as a credit
upon the sale of the establishment for which the license was granted.
All licensees shall maintain their premises and operations in
full compliance with all applicable state and local building codes,
all health and sanitary codes, laws and regulations including but
not limited to Article V of the Orleans Code "Grant or Renewal of
License or Permit as Affected by Nonpayment of Local Taxes and Fees."[1] Failure to comply with any of these laws and regulations
shall be sufficient cause for revocation, suspension or modification
of license.
No licensee shall keep for sale, store or sell alcoholic beverages
in any part of the premises not specified in the license. Any change
in description of the licensed premises requires the filing of a petition
by the licensee and approval of the new plans by the Board of Selectmen
and the Alcoholic Beverage Control Commission. Every license of a
common victualler, club, and/or innholder shall specify the street
and number of the building where the business is to be carried on
or give some other particular description thereof, and the license
shall not protect a licensee who carries on his business in any other
place. Such licenses shall expire on December thirty-first of each
year.
No licensee shall assume obligations for a licensed premises
under any corporate or trade name other than that under which he/she
is licensed. Any change in corporate name or any change in trade name
(DBA) shall require the prior approval of the Orleans Board of Selectmen
and the ABCC.
A.
Any business intending to close a place of business on a temporary
basis, must notify the Board of Selectmen and request approval for
said closure, in writing, one month prior to the requested temporary
closing date. A business may request to close anytime during the period
December 1 through March 31 for an extended period not to exceed thirty
(30) days. All requests will be considered on an individual basis
and on the public need in a given area and individual license holder's
circumstances.
B.
Unless an establishment has been granted a temporary closing by the
Board of Selectmen they shall be open to the public as follows:
(2)
Seasonal alcoholic license holders.
(a)
May be open from April 1 to November 30. Upon written request
the Board may extend the November 30 date up to January 15th.
(b)
Shall have their establishments open to the public at least
six (6) days each week from the last Saturday in June to the first
Monday in September.
(c)
At least three (3) days a week during all other times.
The licensee shall immediately notify, in writing, the Board
of Selectmen of any proceedings brought by or against the licensee
under the bankruptcy laws or of any other court proceedings which
may affect the status of the license.
The licensee shall not change manager, corporate officers, sell
or transfer corporate stock, pledge corporate stock or a liquor license
as security, or accept a loan or credit from another licensee, without
first obtaining the approval of the Selectmen.
Assignment of corporate stock of a license holder licensee for
the purpose of collateralizing loans or notes, etc., gives no right
to such assignee to conduct the business of the licensee; therefore,
licensees must notify the Board of Selectmen immediately when the
assignee forecloses under such assignment of stock.
No corporation shall be approved for a license unless the corporation,
by vote of its Board of Directors, has appointed a manager who is
a United States citizen and who has been vested with full authority
and control of the premises and the business to be licensed. The Manager
of Record, as registered with the Board of Selectmen must be on the
premises at least forty (40) percent of the time the premises is open.
The manager shall have total responsibility for the proper operation
of the licensed premises, whether present or not. No appointment of
a manager shall be effective unless and until approved by the Board
of Selectmen.
The manager shall at all times maintain order and decorum on
the premises and in the immediately surrounding area accessory to
said premises. The manager shall cooperate with town officials in
every way so as to provide safe and orderly facilities. There shall
be no disorder, indecency, prostitution, lewdness or illegal gambling
on the licensed premises. The Orleans Board of Selectmen reserves
the right to condition any license to ensure same.
No alcoholic beverages shall be sold to anyone under twenty-one
(21) years of age. No service of alcoholic, wine/malt beverages shall
be made to anyone under twenty-one (21) years of age.
In accordance with M.G.L. Chapter 138, Section 34B, any licensee who reasonably relies on a liquor purchase identification card, motor vehicle license issued by the Massachusetts Registry of Motor Vehicles, valid passport issued by the U.S. or a foreign government recognized by the U.S. or a valid (interpreted as active service) military ID for proof of a person's identity and age shall be presumed to have exercised due care in making a delivery or sale of alcohol or alcoholic beverages to a person under twenty-one (21) years of age and shall not suffer any modification, suspension, revocation or cancellation of such license. Said presumption is rebuttable however. A licensee is at his/her own risk if licensee or employee accepts any other type of I.D.
No licensee shall make any distinction, restriction or otherwise
discriminate on account of race, color, creed, sex, sexual orientation
or ancestry relative to the admission or treatment of any person.
All licenses are subject to suspension, revocation or modification
for breach of any condition, regulation or law of the town or state.
The Board of Selectmen reserves the right to change or add to any
license conditions or any regulations after notice to the licensee.
All licenses and permits issued by the town shall be displayed
on the premises in a conspicuous place where the public has access
and is able to read same.
A.
No alcoholic beverages shall be served after the closing hours indicated
on the license and all glasses, bottles or other containers used for
or containing alcoholic beverages shall be removed from all tables,
bars, counters, patrons and public areas no later than fifteen minutes
after the approved closing time on the license for the sale of alcoholic
beverages. No alcoholic beverages shall be consumed thereafter.
B.
No patron, licensee, or employee shall be served any alcoholic beverages
after the legal hour for sale of same.
C.
All patrons must be off the licensed premises within twenty (20)
minutes after closing, employees must be off the premises within sixty
(60) minutes after closing except for the purpose of cleaning, making
emergency repairs to, or providing security for, such premises or
preparing for the day's business or opening and closing the business
in an orderly manner.
D.
In regards to opening hours, no alcoholic beverages shall be sold
or served prior to 8:00 a.m. on secular days and 12:00 noon on Sundays.
A.
Licenses issued under M.G.L. 138, Section 12, which are restaurant licenses, may be issued only to those who have been granted a common victualler license under M.G.L. Chapter 140. Common victuallers must have adequate and sanitary kitchens and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons as required by M.G.L. Chapter 130, Sections 5 and 6. This section also applies to holders of innholder licenses. An innholder shall also have upon his premises suitable rooms, with beds and bedding, for the lodging of his guests.
B.
If a licensee as a common victualler, club or innholder ceases to be engaged in the business he is licensed to pursue, or fails to maintain upon his premises the implements and facilities required by M.G.L. Chapter 138 and 140, the licensing authority shall immediately revoke his license. If a licensee at any time conducts his licensed business in an improper manner, the licensing authority, after notice to the licensee and reasonable opportunity for a hearing, may suspend or revoke the license.
In any establishment licensed to serve alcoholic beverages under the provisions of Massachusetts General Laws Chapter 138, Section 12 (pouring license) all alcoholic beverages shall be served in open containers and no such beverages shall be allowed to be removed from the premises. Further, no patron or customer of such an establishment shall be allowed to bring alcoholic or wine/malt beverages on the premises for the purpose of consumption on the premises.
No alcoholic beverages shall be sold for a fee less than the
actual cost of the beverages to the licensee. An admission charge
shall not be credited toward the purchase price of any alcoholic beverage.
The price charged for alcoholic beverages shall not be discounted
for any particular hour(s) of the day or day(s) of week. No minimum
charge shall be made for alcoholic beverages.
Prior to being appointed as manager and/or bartender, the person
shall have successfully completed an alcoholic beverage server training
program such as the Intervention Procedures by Servers of Alcohol
Programs (TIPS), or its equivalent. Such programs are sponsored by
the Barnstable's Sheriff Department on an annual basis (early
spring) and agencies. Such training shall be required for all managers
and/or bartenders, employed prior to December 21, 1994, within one
year of this date, at all establishments with a bar or if hired after
December 21, 1994, prior to April 30th. All other employees who serve
alcoholic beverages shall receive, at a minimum, in-house training
similar to that received under the TIPS program. A current list of
employees shall be made available upon the request of authorized agents
of the Board of Selectmen.
Verification for "server training" shall be maintained for each
employee and shall be available for inspection on the premises at
all times.
No licensee may have upon the premises any automatic amusement machines unless same has been approved and licensed by the Town of Orleans. Licenses for all types of machines and their location on the premises must be approved by the Board of Selectmen. The licensee, not the distributor, must make application under M.G.L. Chapter 140, Section 177A.
Copies of all police reports indicating a pattern of fights/disturbances/problems
in the vicinity of a licensed establishment shall be forwarded to
the Board of Selectmen annually, by the Police Chief, in conjunction
with license renewals.
A.
Whenever a license holder is convicted of a crime involving the use,
possession, sale or distribution of a controlled substance as defined
in Chapter 94C of the Massachusetts General Laws or a felony involving
injury to a person or property of another, it shall be considered
grounds to revoke the license.
B.
Whenever a manager named on a license is convicted of a crime involving
the use, possession, sale or distribution of a controlled substance
as defined in Chapter 94C of the Massachusetts General Laws or a felony
involving injury to a person or property of another, it may be considered
grounds to remove the manager and to suspend or revoke the license
as the Selectmen shall determine.
No application for any new alcoholic common victualler license
or for the transfer of such a license shall be approved by the Local
Licensing Board unless the Board determines that the licensed premises
are accessible to the public. Factors to be considered by the Licensing
Board shall include, without limitation, whether such premises have
handicapped accessible ramps, toilets and parking spaces which comply,
at a minimum, with applicable requirements, and have appropriate signs
which designate such parking spaces.
