[HISTORY: Adopted by the Annual Town Meeting of the Town of Whately 4-24-1982 by Art. 19.[1] Amendments noted where applicable.]
[1]
Editor's Note: This article was originally promulgated by the Selectboard and carried the following preamble: "The following rules and regulations are adopted by the Whately Board of Selectmen, acting as the licensing board under authority of MGL c. 138, §§ 1, 12 and 23, and effective this 10th day of February, 1982. These rules and regulations are minimum regulations, many of which are existing conditions of outstanding licenses. The adoption of the following regulations is intended to be town-wide minimum standards attaching as conditions of all MGL c. 138, § 12, licenses presently outstanding and from hereafter issued. These rules and regulations supersede any understanding, verbal or written, made before this date."
[Amended 11-12-2024 STM by Art. 8]
The premises shall be open during regular business hours to inspection by any police officer of the Town of Whately, by a state police officer, ABCC inspector, Board of Health inspector or Building Inspector.
At least one police officer shall be on duty when any entertainment is scheduled at a premises with a liquor license. The police officer shall be approved by the Chief of Police of Whately. Upon notice, in writing, by the Selectboard, additional officers shall be employed by the licensee. Unless otherwise notified by the Selectboard, a licensee need not employ a police officer to be present if the only entertainment is a band, vocalist, instrumentalist or the operation of a jukebox.
All entertainment presented at licensed premises shall be so conducted that no noise shall be audible, under any circumstances, upon the street adjoining the licensed premises or upon any abutting premises. All speakers shall face the licensed premises and not the street.
The licensee shall keep a true record of all entertainers that are permitted to perform in or on the licensed premises. The record shall be available for inspection by the licensing board and the Police Department at all times. The record shall contain the full name, place and date of birth, social security number, residence and date and time of performance of such entertainer, signed under the pains and penalties of perjury by the entertainer and verified to be true to the best personal knowledge and belief of the license holder and signed by the license holder under the pains and penalties of perjury. The name and address of employment agencies used to hire entertainers shall be listed in the record.
A. 
No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic beverage for him/her or any other person. Nothing shall prohibit the above activity in connection with any contract which such person may have with a patron to whom he/she is related by blood or marriage.
B. 
It is forbidden to employ or to permit any person in or on the licensed premises to perform any act or acts or to simulate any act or acts of human masturbation, sexual intercourse or any touching of the genitals, pubic areas, breasts or buttocks of any other person.
C. 
It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts or to simulate any act or acts which would constitute dissemination of obscene matter pursuant to MGL c. 272, §§ 29 and 31.
D. 
No licensee shall employ, use the services of or permit upon his/her licensed premises any employee, entertainer or other person who, by his or her attire or conduct, violates any General Laws or Special Acts of the commonwealth or any bylaw of the Town of Whately.
The vehicles of the patrons will be parked on the premises. The licensee shall stop admitting patrons to the licensed premises if vehicles from which patrons are arriving are parked on the roads or shoulders thereof in proximity to the establishment or if vehicles are parked in areas not under the control of the licensee. The licensee shall employ parking attendants if that is necessary to comply with this provision.
If any of the provisions of these rules and regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of such rules and regulations or the application of such other provisions which can be given effect without the invalid provision or application thereof, and for this purpose, the provisions of these rules and regulations are severable.
In the event that any owner, performer, grantee of a license pursuant to MGL c. 138, § 12, or other affected person is interested in an interpretation whether any of the rules and regulations as promulgated under Chapter 138 of the General Laws above or otherwise are intended to apply to a certain act or set of acts, that person may request an opinion from the licensing board, and the licensing board shall issue an opinion.
A variance from the specific rules and regulations may be granted any owner, performer, grantee of a license pursuant to MGL c. 138, § 12, or other affected person at the discretion of the Whately Selectboard, acting as the licensing board. A variance must have been granted prior to the performance or act at issue. The applicant must show that the public safety and order will be maintained and that the police protection of the Town of Whately will be preserved in the event that such a variance is granted.
The license will be suspended for noncompliance with any of the laws of the commonwealth or regulations of the licensing board relating to this particular establishment and may, after a hearing, be revoked.
Noncompliance with the provisions of any of the above regulations will be sufficient cause for suspension, and, after a hearing, the license may be revoked.
The licensing board reserves the right to change or add to any of the above terms and conditions after notice to the licensees.
[Added 12-13-1983[1]]
No exotic dancers, strippers or nude dancers of the opposite sex may perform on the stage together at the same time.
[1]
Editor's Note: This amendment was adopted by the Selectboard.