A.
All applicants for the sale of alcoholic beverages are responsible for familiarizing themselves with the General Laws of Massachusetts pertaining to sale of alcoholic beverages: Massachusetts General Laws Chapter 138.
B.
The licensee is responsible for ensuring that all employees engaged in the service of alcoholic beverages read and understand the Rules and Regulations of the Licensing Authority and comply with all rules and laws.
C.
Until the application is complete, the application shall not be advertised or presented to the Licensing Board.
D.
In addition to the state fee, there is a liquor license application fee by the Town of Barnstable of $100 each and a legal advertisement fee, if applicable.
E.
The Licensing Authority may hold a hearing on an application for a new license location for an all-alcoholic beverages license in the neighborhood in which the applicant seeks to locate the license. For the purposes of this rule, the "neighborhood" shall be defined as the political precinct in which the new location is sought.
F.
The manager and alternate managers, if any, shall have successfully completed an alcoholic beverage server training program such as the TIPS® program or its equivalent, prior to their appointment. Such training shall also be required of all bartenders in establishments that have a bar. All management personnel and bartenders shall be recertified every three years. All other employees who serve alcoholic beverages or verify identifications shall receive, at a minimum, in-house training similar to that received under the TIPS® program. Verification of such training will be maintained for each employee and available for inspection.
G.
Employees at premises which sell or serve alcoholic beverages for on-premises consumption or at package stores must be 18 years of age except that such licensee may employ a person under the age of 18 who does not directly handle, sell, mix or serve alcohol or alcoholic beverages.
H.
Licensees may refuse entrance to the premises to a person who appears to be intoxicated or unruly/belligerent.
I.
Alcoholic beverages licensees are forbidden to make a sale or delivery of alcoholic beverages or alcohol to a person who is intoxicated or appears to be intoxicated.
J.
No licensee may pledge the stock in the licensed business or the license itself without the approval of the Licensing Authority.
K.
Managers of premises, or in the case of special liquor licenses, organizations holding an alcoholic beverage license, must not be changed until the Licensing Authority and, if required, the Alcoholic Beverages Control Commission, have approved such change.
L.
No licensee may take a loan secured by any equipment at the premises or secured by any direct or indirect interest in the licensed business without the approval of the Licensing Authority. This includes kitchen equipment, video or audio equipment, lighting equipment, furniture, or any other type of equipment.
M.
No licensee shall contract bills for its licensed premises under any corporation or trade name other than that under which it is licensed.
N.
Assignment of the stock of corporate licensees for purposes of collateralizing loans or notes, etc., gives no right to the assignee to conduct the business of the licensee. Licensees must immediately notify the Licensing Authority when the assignee forecloses under such assignment of stock or when other proceedings are brought which affect the economic and financial rights and abilities of the licensee.
P.
Alcoholic beverages licensees shall not use any trade name, assumed name, or abbreviated name in connection with the licensed business unless the same appears on the license certificate issued by the Licensing Authority or unless written permission is first obtained from the Licensing Authority. The use of any unauthorized name on the books, records, stationery, or interior or exterior of the licensed premises or for advertising purposes or telephone listing is prohibited unless permission is first obtained from the Licensing Authority.
Q.
Licensees shall not permit opened alcoholic beverages to be brought onto the licensed premises by patrons or employees.
R.
No alcoholic beverages will be sold to minors. Licensees are responsible for ensuring that minors are not served alcoholic beverages and are not drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. Licensees who do not have the ability to keep track of the drinking activity of minors at the premises may exclude minors from coming onto the premises in order to meet the burden of ensuring that there are no underage sales or drinking at the premises.
S.
Any person holding an alcoholic beverages license under MGL c. 138, § 12, § 14, or § 15, who, directly or through any agent, employee or other person, dilutes or changes or substitutes or in any manner tampers with any alcoholic beverages authorized to be sold under such license so as to change their composition or alcoholic content (except that cocktails and other mixed drinks may be prepared on premises so licensed for the sale of alcoholic beverages) shall be punished by a fine, and if any holder of such a license is convicted of a violation of the foregoing, his license shall forthwith be suspended for a period of not less than six months, provided that cocktails and other mixed drinks may be prepared on premises so licensed for the sale of alcoholic beverages. Licensees and their agents are prohibited from refilling any alcoholic beverage container which has a brand identification or a brand label.
T.
Whoever makes a sale or delivery of any alcoholic beverages or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under MGL c. 138, § 12 or § 15, delivers or procures to be delivered in any public room or area of such establishment any such beverages or alcohol to or for use of a person who he knows or has reason to believe to be under 21 years of age or whoever procures any such beverages or alcohol for a person under 21 years of age in any establishment licensed under MGL c. 138, § 12, or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment that is a package store, shall be punished by a fine of not more than $1,000 or by imprisonment for not more than six months, or both. [NOTE: Alcoholic beverages may be procured for an underage child, ward or spouse in a package store by a parent, guardian or spouse but may not be so procured for such underage person in an on-premises drinking establishment. (MGL c. 138, § 34)]
U.
Any person under 21 years of age who purchases alcoholic beverages or alcohol or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age with the intent of purchasing alcoholic beverages, either for his or her own use or for the use of any other person, shall be punished by a fine of $300, and whoever knowingly makes a false statement as to the age of a person who is under 21 years of age in order to procure a sale or delivery of such beverages or alcohol to such person under 21 years of age, either for the use of the person under 21 years or for use of some other person, and whoever induces a person under 21 years of age to make a false statement as to his or her age in order to procure the sale or delivery of such beverages or alcohol to such person under 21 years of age shall be punished by a fine of $300. (MGL c. 138, § 34A)
V.
Any licensee or agent or employee thereof under Chapter 138 who reasonably relies on a Massachusetts liquor purchase identification card or Massachusetts motor vehicle license for proof of a person's identity and age shall not suffer any disciplinary action or any criminal liability for delivering or selling alcohol or alcoholic beverages to a person under 21 years of age. Such licensee shall be presumed to have used due care in making the sale, but such presumption shall be rebuttable. The information on the card or license must clearly match the photograph and description of the card or license holder, and there should be no obvious signs of tampering upon reasonable inspection. (MGL c. 138, § 34B) Any licensee claiming exemption under this section must be able to identify the identification shown, either by picture record, written log or other means deemed appropriate by the Licensing Authority.
W.
Any person who transfers, alters or defaces any such card, or who makes, uses, carries or sells or distributes a false identification card or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card shall be guilty of a misdemeanor and shall be punished by a fine of not more than $200 or by imprisonment for not more than three months. (MGL c. 138, § 34B)
X.
Any person who is discovered by a police officer or special police officer in the act of violating the provisions of § 502-1V or W may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him or her for such offense, which complaint shall be made as soon as practicable and in any case within 24 hours, Sundays and legal holidays excepted. (MGL c. 138, § 34B)
Y.
Whoever being under 21 years of age and unaccompanied by his parent or legal guardian knowingly transports or carries on his person any alcohol or alcoholic beverages shall be punished by a fine of not more than $50, provided that this section shall not apply to any person who is between 18 and 21 who is acting in the course of his or her employment. A police officer may arrest without a warrant any person who violates this section. (MGL c. 138, § 34C)