[HISTORY: Adopted by the Town Meeting of the Town of Mansfield 5-19-2015 ATM by Art. 21. Amendments noted where applicable.]
No person shall use or consume, or attempt to use or consume, any alcoholic beverages as defined in MGL c. 138, § 1, in or upon any public place or place to which the public has a right of access as invitees or licensees, including, but not limited to, all public ways, roads, sidewalks, parking lots, parks and commons, cemeteries, municipal buildings and the grounds appurtenant thereto, and schools and the grounds and athletic fields appurtenant thereto and which shall include any motor vehicle or bicycle when parked or moving upon any of the aforementioned places or locations. A violation of this bylaw shall be deemed a breach of the peace.
No common victualler shall permit alcoholic beverages to be consumed in a restaurant that is owned, operated, leased, maintained or otherwise controlled by the common victualler except pursuant to a valid license issued under Chapter 138 of the General Laws or pursuant to permission issued by the Select Board pursuant to this bylaw.
This bylaw allows the Select Board to grant permission only to allow alcoholic beverages to be brought by customers into and consumed in a restaurant which is owned, operated, leased, maintained or otherwise controlled by the common victualler.
The establishment requesting to be allowed to serve alcohol under this "BYOB" bylaw agrees to abide by all legal standards to ensure safe and proper service to patrons in accordance with all the guidelines and laws set forth by Massachusetts General Laws; the Alcoholic Beverages Control Commission and the rules and regulations of the Town of Mansfield governing establishments pursuant to MGL c. 138 and this BYOB bylaw.
The Select Board shall promulgate rules and regulations for the administration and enforcement of this BYOB bylaw. The failure of the Select Board to promulgate such rules and regulations shall not affect the validity or enforceability of this BYOB bylaw.
Whoever violates this BYOB bylaw shall forfeit and pay for each offense a fine of $100. The Select Board may also withdraw permission for alcoholic beverages to be brought by customers into and consumed in a restaurant which is owned, operated, leased, maintained or otherwise controlled by the common victualer. The Select Board shall provide notice and an opportunity for a public hearing to the common victualer before so withdrawing such permission.
As an alternative to the initiation of criminal proceedings, the Town Manager, as enforcing person, or their agent may seek enforcement of this BYOB bylaw through a noncriminal proceeding in the District Court pursuant to the provisions of MGL c. 40, § 21D, in which case the penalty for each violation shall be $100.
Such proceeding shall be initiated by giving to the offender a written notice to appear before the clerk of the District Court during normal business hours, not later than 21 days following the date of such notice. Such notice shall be in triplicate and shall contain the name and address, if known, of the offender, the specific offense charged, and the time and place for their required appearance. Such notice shall be signed by the offender whenever practicable in acknowledgment that such notice has been received.
Nothing herein shall be construed to prohibit the duly licensed use and consumption of said liquors as provided by law or the use and consumption of said liquors in or upon private property or dwellings as may be permitted by law.
The Select Board, acting as the licensing commission, may grant a temporary permit for such consumption if it is related to a Town or civic sponsored event, subject to any conditions the Select Board may impose and in accordance with all applicable General Laws.
Except as set forth in § 85-2 for violations of the BYOB provisions, any person convicted of violating this bylaw shall be punished by a fine not to exceed $50 for each offense.