[HISTORY: Adopted by the Licensing Authority of the Town
of Barnstable 10-17-2016. Amendments
noted where applicable.]
A.
The Licensing Authority will require persons to be licensed who keep
open their places of business for the retail sale of beverages derived
wholly or in part from cereals or substitutes therefor and containing
less than 1/2 of 1% of alcohol, unfermented grape juice, ginger ale,
root beer, sarsaparilla, pop, artificial mineral waters, carbonated
waters or beverages, and other so-called soft drinks, if the business
has the primary purpose of providing an establishment where patrons
gather in order to socialize and/or to enjoy some form of entertainment.
(See MGL c. 140, § 21A.)
A.
For purposes of this regulation, a "sale" is defined as the provision
of a soft-drink beverage to a patron in or by the establishment in
exchange for something of value by means of an in-person exchange
or by means of a vending machine exchange or by means of a cover charge
which gives the patron the right to obtain drinks without additional
payment.
A.
Whoever not being licensed as aforesaid keeps open his place of business
for the retail sale of any such beverage shall be punished by a fine
of not more than $50. This section shall not apply to persons who
keep open their places of business on Sunday for the sale of soda
water, if they are licensed under MGL c. 136, § 7. (See
MGL c. 140, § 21C.)
A.
The license holder is responsible for the proper management of the
premises so that unlawful acts do not occur on the premises and so
that the premises does not become a threat to the public welfare or
public safety. When violations of the license or of the law are brought
to the attention of the Licensing Authority, a disciplinary hearing
will be held and, as a result of evidence brought to the attention
of the Licensing Authority at the hearing, the Licensing Authority
may modify, suspend or revoke the license.
A.
The provisions of this chapter shall not apply to innholders, common
victuallers, or druggists, nor to dealers whose principal business
is the sale of groceries and meats or either of said products, nor
to the sale of any or all of such beverages when sold not to be drunk
on the premises.
