Editor's Note: This legislation amended former Part V of the Code in its entirety. The rules and regulations pertaining to alcoholic beverages, formerly in Ch. 501, may now be found in Ch. 502.
In addition to any other pertinent section within Part V of
the Town of Barnstable Code, all licensed businesses are subject to
the following general rules and regulations.
Whenever the word "licensee" is used herein it shall mean an individual
licensee and each member of a partnership licensee and each officer,
director, manager, and stockholder of a corporate licensee and any
agent of a licensee, including those employees who work in the public
areas of the premises.
The term "seasonal" shall mean a business that operates less than
11 months in a calendar year. Seasonal alcohol licenses shall be valid
for any duration between April 1 and January 15 each calendar year.
The term "premises" shall mean a parcel along with other appurtenances
and including all structures, houses or buildings, occupied by a business
or considered in an official context. Specific areas where alcohol
is permitted are defined in a description on a license, approved by
both the Licensing Authority and the ABCC.
All licensees of the Licensing Authority for the Town of Barnstable
shall ensure that a copy of the rules and regulations of the Licensing
Authority is kept on the premises at all times and is immediately
available for inspection upon request by a member of the public or
an agent of the Authority, or any police officer.
The licensee is responsible for ensuring that all employees who work
in the public areas of the premises read the rules and regulations
of the Licensing Authority and comply with all rules and laws.
License holders are required to attend any and all mandatory meetings
held by the Licensing Division or any Town of Barnstable Division
as related to the business operation.
Licensees shall maintain a current list of all of their employees
and shall have it available at all times for inspection upon the request
of a police officer or an authorized agent of the Licensing Authority.
Licensees who contract with entertainment entities to provide entertainers
must maintain a current list of the names of such entertainers, and
said entertainers shall be held to the same rules as other employees
at the premises.
Unless otherwise stated, licenses expire on December 31 of each year.
Applicants are responsible for obtaining an approved license each
year, prior to opening for business. (See Appendix A.[1])
The applicants will be responsible for obtaining any required Town
Board approvals or department permits prior to applying for a new
or transfer license. An exception is made in the event that a Zoning
Board of Appeals appeal made prior is in effect, at which time an
applicant may advertise for a hearing for a license, provided that
the date of the license hearing occurs after the ZBA appeal period
is ended (20 days from the date of filing with the Town Clerk).
Applicants are responsible for providing either a workers' compensation
certificate of liability insurance with the Town of Barnstable Licensing
Authority named as the certificate holder, or a workers' compensation
insurance affidavit. In addition, the applicant is responsible for
completing and submitting all required forms (such as, but not limited
to, application, renewal affidavit, floor plans, certificate of inspection)
prior to being scheduled on the Licensing Authority meeting agenda.
The license holder is responsible for the proper management of the
premises, according to the provisions of relevant General Laws of
the Commonwealth or relevant ordinances or codes of the Town of Barnstable,
any rule or regulation of any Town of Barnstable agency or of the
Alcoholic Beverage Control Commission, any business plan or management
policy of said license holder, or of any other means as determined
by the Licensing Authority, so that unlawful acts or unlicensed activity
does not occur on the licensed premises.
Licensees who use a valet parking service shall be responsible for
ensuring that valet parking is conducted in an orderly manner without
undue noise, without undue blocking of traffic lanes, and without
the violation of any laws or authorized parking programs.
Licensees who have agreed to a parking program as a condition of
their license must adhere to such program except upon exemption by
the Licensing Authority.
Licenses issued by the Licensing Authority, and all other licenses,
permits and certificates affecting the licensed premises, must be
posted in a conspicuous place easily seen by the public where they
can be read without difficulty and without recourse to the assistance
of employees at the premises.
Licensees shall not permit entrance to the premises by more persons
than the number approved by the Building Commissioner for the capacity
of the premises minus the number of employees working in the public
areas at the time. Every room licensed for public occupancy shall
be conspicuously posted at each entrance, clearly visible to patrons
as they enter, with a statement of maximum occupancy. The statement
must be clearly printed on permanent stock with white letters and
numbers, no less than one inch high, printed on a dark contrasting
background. Handwritten statements or statements on paper or cardboard
are not permitted. The statement shall be permanently affixed and
secured and maintained in a clearly visible state. The statement shall
contain the language "MAXIMUM CAPACITY OF THIS ROOM _____ PERSONS."
The number of allowable persons included in the statement shall be
that number approved by the Town of Barnstable Building Department.
Whenever a section of a room is separated by an attached or secured
wall, railing, divider, drink rail, or other partition, it shall be
considered a separate room, and all such sections shall be posted
as separate rooms.
No licensee may require any person to pay a minimum charge or cover
charge unless a sign is conspicuously posted at every entrance to
any dining room or rooms where such charge is required, in letters
no less than one inch in height, stating that a minimum charge or
cover charge shall be charged and also stating the amount of charge;
provided, however, that no such licensee shall require a person under
13 years of age to pay a minimum charge or cover charge. Such cover
charge shall not be collected in advance of gaining entrance to the
licensed premises, and can only be charged upon a written or printed
receipt, permanently recorded and numbered seriatim, presented to
each individual customer or group of customers. Records of such receipts
shall be kept by the licensee for a period not less than two years.
Such charges must also be posted on the outside of the licensed premises.
Nothing in this regulation shall be constructed to prohibit advance
ticket sales.
A licensee who charges a minimum charge for the purchase of food
and/or nonalcoholic beverages shall include a specific statement in
the posting stating that there is no minimum charge for alcoholic
beverages. Such minimum charge for food and/or nonalcoholic beverages
shall not be collected in advance of gaining entrance to the premises.
No signs may be posted which state "Proper dress required" or which
otherwise announce a dress policy without stating specifically, item
by item, what dress is required or what dress is prohibited. (Examples:
"Jackets required," "Ties and jackets required," "Shirts with collars
required," "No sneakers.")
No requirement may be made as to the type of shoes or the height
of heels which may be worn; provided, however, that reference may
be made to the admissibility or nonadmissibility of sneakers or other
soft athletic shoes or open shoes such as sandals.
No licensee may permit any rule, policy, or action, express or implied,
which makes any distinction, discrimination, or restriction on account
of race, color, religious creed, national origin, sex, sexual orientation,
physical or mental disability, or ancestry, or on account of any other
classification relative to the admission or treatment of persons from
the general public or employees at the licenses premises; provided,
however, that premises licensed pursuant to MGL c. 138; § 12,
may make rules regulating the admission of minors to the premises
when such rules are not inconsistent with other rules and regulations
stated herein; provided, further, that private clubs licensees may
not discriminate, as aforesaid, with regard to guests at the licensed
premises or with regard to who may be invited to the premises as a
guest.
The licensee must keep a list of the names and the addresses of all
passholders and must have such list available if requested by the
Licensing Authority.
The licensee is responsible for ensuring that persons are picked
to be passholders on a rational basis and not on any basis that invidiously
discriminates.
Persons who wait inside the premises must be kept in an orderly line
and must not be permitted to block fire aisles or exits. The number
of such persons waiting inside the premises may not exceed the number
of persons allowed as standees.
Persons who are permitted to wait in line outside the premises must
be supervised by an employee of the licensed premises. Such employee
must stand outside with the line during all times when the line exceeds
10 persons and shall announce no further admissions to the premises
if persons in the line are being loud or disorderly or if the line
is blocking the sidewalk or is of a size that could reasonably be
expected to cause noise or other problems for residents of the area
or for passersby. To the extent that lines in front of a licensed
premises become the subject of public complaints, the licensee will
have been deemed to be inviting a public nuisance and will be subject
to disciplinary proceedings for same. Licensees in residential zoning
districts or within 150 feet of a residential zoning district are
not permitted to allow patrons to wait in line outside the premises.
Licensees may refuse entrance to the premises to a person who appears
to be intoxicated or unruly and may evict such a patron, except that
in such a case the licensee will call the police and will offer assistance
to an intoxicated or disruptive patron or person trying to gain entry
when possible, if the employee finds, with reasonable discretion or
opinion, such person poses a risk to the public or himself/herself.
Licensees are not permitted to allow any patron or any guest or any
employee who is not working that shift to enter the premises after
the closing hour posted on the license or prior to the opening hour
posted on the license.
The hours on the license, except that patrons who are already on
the premises at closing hour may remain on the premises for up to
1/2 hour after closing time; provided, however, that no new patrons
are admitted after closing time and that no drinks are served after
closing time and that no food is served after closing time.
The owner, manager, and employees may be on the premises after hours
but only if they are actively engaged in cleaning, making emergency
repairs to, or providing security for such premises or preparing food
for the day's business or opening or closing the business in
an orderly manner. The police must be notified if employees are going
to remain after 2:00 a.m. for closing and/or cleaning. No other persons,
friends, or relatives may be on the premises with the owners, managers
or employees of licensed premises during the hours when the public
is excluded from the premises.
Licenses are granted to serve the public need, and to that end, licensees
are expected to operate the license for a substantial number of hours
on all days when the premises are permitted to be open under the terms
of the license.
Any licensee intending to close its place of business for a short
or long term during regularly scheduled dates of operation must notify
the Licensing Authority in writing before such closing and state the
reason for such closing.
No licenses shall issue or shall be considered in good standing unless
licensed premises comply with all statutory requirements, including
all applicable building codes, fire, health, safety, trash, state
and local tax obligations and other government regulations and laws.
The licensed premises shall conform to the floor plan approved by
the Licensing Authority with regard to the structures and the walls
at the premises, as well as with regard to all tables, chairs, booths,
bars, counters, barstools, dance floors or areas, railing partitions,
and other barriers at the premises. Any changes in the floor plan
or any renovations of any kind may not be made without notification
to the Licensing Authority and the approval of the Licensing Authority.
This includes substantial changes in the arrangement of movable furniture.
The premises shall be lighted in all public areas in a manner sufficient
for the safety of the patrons and in a manner sufficient for the agents
of the Licensing Authority to make observations at the premises without
the need to identify themselves or the need to seek assistance.
The capacity set for the premises by the Building Department constitutes
the maximum potential capacity for the premises, but the actual capacity
of the premises may not exceed the amount approved by the Licensing
Authority and stated on the license.
All licensed premises shall be subject to inspection by the Police
Department of the Town of Barnstable and other duly authorized agents
of the Licensing Authority.
No device or electronic equipment shall be utilized by a licensed
premises for the purpose of signaling employees that police officers
or agents of the Licensing Authority are present.
No employee and/or entertainer shall solicit, induce or request a
patron to purchase any alcoholic or nonalcoholic beverage or any food
for him or her or for any other person. Nothing shall prohibit the
above activity in connection with any contact which such person may
have with a patron to whom they are related by blood or marriage.
Licensees are not permitted to invite the members of the general
public to private areas of the premises which are approved by the
Licensing Authority for storage or for an office or for a kitchen
or for a music or video projection room or for any similar nonpublic
use. Only owners and employees of the licensed premises may be in
these areas.
Any person who hinders or delays a police officer or other authorized
agent of the Licensing Authority in the performance of the agent's
duties or who refuses to admit to, or locks out any such agent from,
any place which such agent is authorized to inspect or who refuses
to give to such agent such information as may be required for the
proper enforcement of the General Laws shall be punished by a fine
of not less than $50 and not more than $200 or by imprisonment for
not more than two months, or both.
The Licensing Authority or its agents or a police officer may, at any time, take samples for analysis from any beverages or alcohol kept on the premises licensed pursuant to the General Laws, Chapter 138, and the vessel or vessels containing samples shall be sealed on the premises in the presence of the license holder or of one of the employees and shall remain so sealed until presented to the state's Department of Public Health for analysis. Duplicate samples shall be left with the license holder.
It is forbidden to employ or to permit any person in or on the licensed
premises while such person is unclothed or in such attire as to expose
to view any portion of the areola of the female breast or any portion
of the pubic hair, cleft of the buttocks, or genitals.
It is forbidden to permit any employee or person in or on the licensed
premises to promise, offer, suggest, or accept sexual acts or favors
in exchange for money or for the purchase of any alcoholic beverages
or other commodities.
It is forbidden to encourage or permit any person in or on the licensed
premises to touch, caress, or fondle the breasts, buttocks or genitals
of any other person.
It is forbidden to employ any person wearing or permit any person
to wear or use any device or covering exposed to view which simulates
the breasts, buttocks, pubic hair, or genitals or any portions thereof.
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
of sexual intercourse, masturbation, sodomy, flagellation, or any
sexual acts prohibited by law; or touching, caressing, or fondling
of breasts, buttocks, or genitals of another or of himself or herself.
Licensees shall make all reasonable and diligent efforts to ensure
that illegal activities do not occur at the licensed premises. Such
efforts will include, but are not limited to:
Paying attention to activities on the premises of known drug users
or drug dealers or prostitutes or others who are known to have been
convicted of crimes which may be conducted at a licensed premises;
Diligence in observing and taking action against persons who make
unusually frequent trips in and out of the premises or in and out
of the restrooms and/or persons who are visited at the premises by
an unusually large number of people or by one or more people at frequent
intervals and/or persons who appear to be making exchanges of small
packages (matchbooks, cigarette packs, bags, paper squares, plastic
or foil containers, or other containers) or payments of money;
Calling for police assistance to protect patrons against injury or
to evict unruly patrons or to uncover unlawful conduct or to give
medical assistance and providing police with requested information;
Hiring security personnel to deal with chronic unlawful activity
at the premises such as prostitution or gambling or larceny from patrons
or assaults and batteries or other problems associated with the premises.
There shall be no disorder, indecency, prostitution, or illegal activity
on the licensed premises or any premises connected therewith by an
interior communication.
Licensees shall instruct their employees and security personnel that
they are not to make bodily contact with a patron unless to protect
other patrons or themselves from being subjected to body blows from
an unruly patron. In all other circumstances, employees and security
personnel will call the police to have patrons removed from the premises
when such patrons are being disruptive and they are unable to convince
the patron to leave the premises voluntarily.
Licensees and employees will call the police and an ambulance and
take all other reasonable steps to assist patrons and persons who
are injured in or on the licensed premises or whose injuries have
occurred outside the premises but have been brought to the attention
of the licensee.
It shall be the obligation of licensees to ensure that supervision
is exercised over the conduct of the licensed establishment at all
times. Each licensee will be held accountable for all violations that
are related to the licensed premises, whether or not the licensee
acted properly in the given circumstances.
Licensees shall act reasonably and diligently to disperse loiterers
or patrons who attempt to congregate in front of or at the licensed
premises. Failure of the licensee to keep persons from congregating
at the licensed premises may lead to disciplinary action against the
licensee for allowing a public nuisance. Reasonable steps to be taken
by the licensee may include:
No licensee may exceed the approved number of occupancy or seats
posted on the license. The seating capacity and occupancy are set
by the Building Commissioner and the Board of Health/Health Director.
The occupancy, and if applicable, the seating capacity and, if applicable,
the theater occupancy shall be posted on the license.
When any noise, disturbance, misconduct, disorder, act or activity
occurs in the licensed premises, or in the area in front of or adjacent
to the licensed premises, or in any parking lot provided by the licensee
for the use of its patrons, which in the judgment of the Licensing
Authority adversely affects the protection, health, welfare, safety
or repose of the residents of the area in which the licensed premises
are located, or results in the licensed premises becoming the focal
point for police attention, or is offensive to public decency, the
licensee may be held in violation of the license and subject to proceedings
for suspension, revocation or modification of the license.
The Licensing Authority may go to a neighborhood to hold a hearing
with regard to a complaint against a licensee by a private citizen
when the complaint is brought to the Board's attention upon a
petition of 25 adult residents who live within a one-mile radius of
the licensed establishment in question; provided, however, that a
spokesperson for the petitioners shall meet with the Licensing Authority's
Chairperson (or duly authorized representative) to explain the case
to be presented.
Assignment of the licenses for purposes of collateralizing loans
or notes, etc., does not give the right to the assignee to conduct
the business of the licenses. The assignee must immediately notify
the Licensing Authority and be heard when the assignee forecloses
under such assignment or when other proceedings are brought which
affect the economic and financial rights and abilities of the licensee.
No person or entity may obtain or renew a license unless the applicant
for such license or for renewal of such license can demonstrate proof
of a legal right to the licensed premises for the term of the license.
Such proof shall include ownership papers or a tenancy document or
a management contract; provided, however, that all parties to such
ownership or leasehold interest or management contract must be known
to the Licensing Authority, and the terms of such agreements or contracts
must be made known to the Licensing Authority. The Licensing Authority
reserves the right to disapprove of such arrangements where it reasonably
finds that such arrangements are not in the public interest.
No licensee may hire any employee or contract for goods or services
in any name other than that of the licensee, nor may the licensee
pay for any such employment, goods, or services by any means other
than its own cash or bank accounts in its own name. Cash transactions
must be recorded in a manner suitable for review by the Licensing
Authority. Such records must be kept for a period of three years.
No licensee shall permit any person to have a direct or indirect
financial or beneficial interest in the licensed business or to receive
any revenue from the business or to manage the premises other than
the persons properly approved of by the Licensing Authority and the
salaried employees of such persons.
No licensee shall permit any person to work at the licensed premises
or to hold himself or herself out as a person in a position of authority
at the premises except for those persons who are owners and officers
or who are salaried employees for whom payroll records are available.
No licensee may pay an employee any percentage of the profits of the
business or pay an employee in any manner other than by salary or
hourly rate except upon approval of the Licensing Authority.
No licensee may pay a landlord or creditor of any kind a percentage
of the profits of the business except upon complete disclosure to
the Licensing Authority and the receipt of the Board's approval.
No licensee shall lease out any part of the premises or any part of the business without the approval of the Licensing Authority. No licensee shall lease out the food or beverage service without the approval of the Licensing Authority. (§ 501-6F)
No licensee shall enter into an agreement with an independent contractor
to provide beverages or food or entertainment or management at the
premises without the approval of the Licensing Authority.
Violation of any provision of this chapter may be prosecuted, as
a criminal matter or as an administrative procedure or by the method
provided in MGL c. 40, § 21D, of the General Laws. Each
violation shall be considered separately.
Whoever violates the provisions of this chapter shall be fined not
more than $300. The Licensing Authority may suspend, revoke or modify
any license issued by it whenever it has reasonable cause to believe
the licensee has violated the terms, conditions or regulations pertaining
to such license. Any violation of this chapter enforced by the methods
provided in MGL c. 40, § 21D, of the General Laws shall
be subject to a fine of $250.
Violation by the licensee of any provision of the relevant General
Laws of the Commonwealth or the relevant ordinances of the Town of
Barnstable or of any rule or regulation of any Town of Barnstable
agency or of the Alcoholic Beverages Control Commission or of any
rule or regulation of the Licensing Authority;
Fraud, misrepresentation, a false material statement, concealment
or suppression of facts by the licensee in connection with an application
for a license or permit or for renewal thereof or in connection with
an application for the renewal of the licensed premises or the alteration
of the premises or in connection with any other petition affecting
the rights of the licensee or in any interview or hearing held by
the Licensing Authority in connection with such petition, request,
or application affecting the rights of the licensee;
Failure or refusal of the licensee to furnish or disclose any information
required by any provision of the General Laws or by any rule or regulation
of the Alcoholic Beverages Control Commission or any rule or regulation
of the Licensing Authority;
Licensees may not give or offer any money or any article of value
or pay for or reimburse or forgive the debt for services provided
to any employee or agent of the Licensing Authority either as a gratuity
or for any service.
Licensees may not fail to comply with any condition, stipulation
or agreement upon which any license was issued or renewed by the Licensing
Authority or upon which any application or petition relating to the
premises was granted by the Licensing Authority. It shall be the duty
of the licensee to ensure that all appropriate personnel at the licensed
premises are familiar with the rules and regulations of the Licensing
Authority and with any conditions on the license.
A license may be suspended or modified or revoked for the refusal
by any licensee and, if a corporation, by a manager, officer, or director
thereof to appear and to testify under oath at an inquiry or hearing
held by the Licensing Authority with respect to any application or
matter bearing upon the conduct of the licensed business or bearing
upon the character and fitness of such person to continue to hold
a license.
Suspended licenses may be surrendered to the Licensing Division for
the time period of suspension if such action is voted by the Licensing
Authority at a show cause hearing.
Suspension orders/signs of the Licensing Authority, as above, shall
remain affixed throughout the entire period of suspension. The removal,
covering, defacement, or obliteration of the order of suspension or
the failure to maintain the order of suspension in the manner and
place required prior to the expiration of the suspension period shall
be deemed the act of the licensee and shall be cause for further suspension,
modification or revocation of the license.
Suspension periods may not be used as a time to do renovations at
the licensed premises unless such renovations have previously been
approved by the Licensing Authority.
Unless otherwise ordered by the Licensing Authority, no members of
the public may be on the licensed premises at any time during the
suspension periods, and the business may not be open for any reason.
If the business is closed by order of the Licensing Authority, the
licensee may be on the premises only if it is in the process of actively
cleaning up or doing office work at the premises. No persons other
than the licensee and its employees may be on the premises during
the period of closure for any reason.