[HISTORY: Adopted by the Licensing Authority
of the Town of Barnstable 10-17-2016.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 20.
Outdoor businesses — See Ch. 141.
Alcohol on Conservation Commission property — See Ch. 701.
[1]
Editor's Note: This legislation amended former Part V of the Code in its entirety. The rules and regulations pertaining to alcoholic beverages formerly appeared in Ch. 501. The rules and regulations pertaining to secondhand dealers and secondhand collectors formerly appeared in Ch. 502; see now Ch. 508, Secondhand/Junk Dealers.
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)
A.
No alcoholic beverages licensees may close their place of business
for any reason other than the following:
(1)
Upon written request to the Licensing Authority for closing in order
to do renovations after approval by the Licensing Authority for such
renovations and for a reasonable time of closing in order to perform
the renovations;
(2)
For all holidays and religious days;
(3)
A closing of one or more days per week upon approval of the Licensing
Authority pursuant to licensee's written request and a showing
by licensee that it does not have adequate business upon such days;
(4)
A closing due to an act of God or an illness or some other business
problem for which request has been made in writing to the Licensing
Authority and approval granted.
A.
Seasonal on-premises liquor licenses shall be effective from April
1 to January 15.
B.
Seasonal on-premises liquor licensed establishments may be open for
any duration between the effective dates; however licensees must file
each year with the renewal application to the Licensing Division their
intended opening and closing days.
C.
Seasonal on-premises liquor licensed establishments who need to close
for any duration between their documented "season" require written
notice from the owner or manager named on the license, and for the
owner or manager named on the license to appear before the Licensing
Authority at a public meeting for approval.
D.
Wholesale licensees may deliver alcoholic beverages (on days other
than Sunday) to seasonal retail licensees that have renewed their
licenses at the same location during the five days immediately preceding
the licensed season. Wholesalers may not deliver alcoholic beverages
to new seasonal licensees until the first day of the licensed season.
A.
All types of annual liquor license holders may close for a period
of no more than 30 days and require written notice from the owner
or manager named on the license to be approved by the Licensing Authority
at a public meeting.
B.
Closure of an annual liquor licensed establishment longer than 30
days requires written notice from the owner or manager named on the
license, and for the owner or manager named on the license to appear
before the Licensing Authority at a public meeting for approval.
C.
The Licensing Authority reserves the right to deny or amend a closure
request greater than 30 days.
D.
If a licensee's request for closure for greater than 60 days
reoccurs more than two consecutive years, an explanation must be included
with the written request as to why the licensee should not consider
amending the license to seasonal vs. retaining the annual license.
A.
Licensees shall take such steps as are necessary to ensure that patrons
or employees do not leave the premises with alcoholic beverages. Such
steps may include:
(1)
Having an employee stationed at the door to watch patrons as they
leave;
(2)
Refusing to serve beer in bottles;
(3)
Refusing to serve alcoholic beverages in disposable cups. When patrons
are observed leaving the premises with beer bottles, beer cans, or
cups or glasses filled with liquids that smell like alcoholic beverages
to the Board's agents, it shall be presumed that the vessels
contain alcoholic beverages.
B.
No alcoholic beverages shall be served to a patron, licensee or employee
after the closing hours indicated on the license, and all glasses,
bottles, or other containers used for or containing alcoholic beverages
shall be removed from all tables, bars, counters, patrons and public
areas no later than 15 minutes after the approved closing time on
the license for the sale of alcoholic beverages. No alcoholic beverages
shall be consumed thereafter.
C.
All patrons must be off the licensed premises within 30 minutes after
closing. Employees must be off the premises within 60 minutes after
closing except as allowed by law.
D.
The police must be notified if employees are going to remain after
2:00 a.m. for closing and/or cleaning.
E.
No minimum alcoholic beverage drinking requirement or minimum charge
for the purpose of alcoholic beverages shall be imposed upon any customer.
F.
No licensee shall impose a minimum charge for food and/or nonalcoholic
beverages upon any customer who incurs charges for alcoholic beverages
equal to or greater than the posted minimum charge for food and/or
nonalcoholic beverages.
G.
No alcoholic beverages shall be sold for less than the actual cost
of the beverage to the licensee.
H.
An admission charge shall not be credited towards the purchase price
of any alcoholic beverage.
I.
All licensees shall maintain a schedule of the prices charged for
all drinks to be served and drunk on the licensed premises or in any
room or part thereof. Such prices shall be effective for not less
than one calendar week.
J.
No licensee or employee or agent of a licensee shall:
(1)
Offer or deliver any free drinks to any person or group of persons;
(2)
Deliver more than two drinks to one person at one time;
(3)
Sell, offer to sell or deliver to any person or group of persons
any drinks at a price less or more than the price regularly charged
for such drinks to the general public on that day and/or during the
same calendar week, except at private functions not open to the general
public;
(4)
Sell, offer to sell or deliver malt beverages or mixed drinks by
the pitcher except to two or more persons at any one time;
(5)
Increase the volume of alcoholic beverages contained in a drink without
increasing proportionately the price regularly charged for such drink
during the same calendar week;
(6)
Encourage or permit, on the licensed premises, any game or contest
which involves drinking or the awarding of drinks as prizes;
(7)
No licensee shall advertise or promote in any way, whether within
or without the licensed premises, any of the practices prohibited
under this section.
K.
Alcoholic beverages licensees shall enter into no agreement or understanding
which sets a minimum requirement for gross sales of food and beverages
at the premises.
L.
All on-premises licensees shall provide to the Licensing Board an
accurate floor plan outlining the position of all tables, chairs,
booths, bars, counters, stools, barstools, dance floors, or areas,
railing partitions, and other barriers at the premises. These plans
shall be certified annually with a signature from the owner or manager
on record and dated. Substantive 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.
M.
Nothing shall be construed to prohibit licensees from offering free
food or entertainment at any time; or to prohibit licensees from including
a drink as part of a meal package; or to prohibit the sale or delivery
of wine by the bottle or carafe when sold with meals or to more than
one person; or to prohibit those licensed under MGL c. 138, § 15,
from offering free wine tastings; or to prohibit those licensed under
MGL c. 138, § 12, from offering room services to registered
guests.
N.
Licensees who choose to permit minors onto the premises, whether
pursuant to an "I.D. bracelet" program or otherwise, are held accountable
if minors are found to be drinking alcoholic beverages on the premises,
whether or not the Board's agents are able to prove that the
licensee actually served the drink directly to the minor. Sufficient
security personnel should be employed to monitor the premises to ensure
that patrons do not pass alcoholic beverages to minors.
O.
Any establishment licensed to sell alcoholic beverages to be drunk
on the premises shall post a copy of the penalties for driving under
the influence set forth in MGL c. 90, § 24. Said copies
shall be posted conspicuously in said establishments. Said copies
are available at the Alcoholic Beverages Control Commission. (MGL
c. 138, § 34D)
A.
Hours of operation:
(1)
A package store licensee is permitted to make sales between 8:00
a.m. and 11:00 p.m. Monday through Saturday and between 10:00 a.m.
and 11:00 p.m. on Sunday.
(2)
A package store licensee is permitted to make sales until 11:30 p.m.
on the day before a legal holiday, and on such other days and times
which may be allowed by law and approved by the Licensing Authority.
(3)
No licensee may sell or deliver any alcoholic beverages on Thanksgiving
Day or Christmas Day, or before noon on Memorial Day.
[Amended 2-13-2017]
(4)
Employees must be paid at a rate not less than 1 1/2 times the
employees' regular rate on a Sunday.
(5)
No employee shall be required to work, and refusal to work on a Sunday
shall not be grounds for discrimination, dismissal, deduction of hours,
or any other penalty.
B.
Records of deliveries. Package store licensees are required to keep
a written record of the name and address of every person to whom a
delivery is made outside of the premises. Additionally, the record
must include the information as to the amount of alcoholic beverages
that were delivered, the date and time of delivery, and the signature
of the person receiving the delivery. If such signature is illegible,
the licensee is required to have the patron print his or her name
under said signature. Such records must be maintained for a period
of not less than one year from the list entry therein and must be
available to the Licensing Authority and its agents for inspection
at any time in a form suitable for easy inspection.
C.
Sale of kegs. Licensees shall not sell or deliver malt beverages
in kegs to any person unless that person presents a valid identification
containing a picture of the holder. Licensees shall record the ID
number, the name, address, date of birth, and expiration date from
the ID. The date of the transaction and quantity of malt beverages
and brand name shall be maintained by the licensee for a period of
one year and shall be available for inspection by the Licensing Authority,
its agents or the police during usual business hours of the licensee.
D.
Establishments licensed to sell alcoholic beverages not to be drunk
on the premises shall post a copy of the penalties for operating a
motor vehicle while drinking from an open container. (MGL c. 90, § 24I)
Said copies shall be posted conspicuously in said establishments.
Said copies are available at the Alcoholic Beverages Control Commission.
(MGL c. 138, § 34D)
A.
Issuance of license.
(1)
The Licensing Board may grant a license to any organization, LLC,
corporation or entity, authorizing it to dispense food and alcoholic
beverages to be consumed on its premises.
(2)
Private clubs licensed for the sale and service of alcoholic beverages
may serve such beverages and may serve food to members and to guests
of members and to no others.
B.
Lists of members and employees for private clubs. A current list
of employees and members and, if allowed, guests shall be available
upon request of authorized agents of the Licensing Board.
A.
Arts and cultural businesses qualified for this wine and malt general
on-premises license category shall be defined as a nonprofit or for-profit
business primarily engaged in the following visual and/or performing
arts:
(1)
Galleries which operate as a repository or a collection of works
of individual art pieces, not mass produced, consisting of one or
more of the following: paintings, drawings, etchings, sculptures,
pottery, handmade wearable art and other visual art media; may include
the sale of related objects and services.
(2)
Cultural arts venues which host theater, dance, music or other performing
arts that are open to the public.
(3)
Museums or historic sites established for preserving or exhibiting
artistic, historical, scientific, natural or man-made objects of interest,
designed to be used by the public for viewing.
A.
Issuance of license. A registered pharmacist who holds a certificate
of fitness under MGL c. 138, § 30, may use alcohol for the
manufacture of United States Pharmacopeia or National Formulary preparations
and all medicinal preparations unfit for beverage purposes, and may
sell alcohol and, upon the prescription of a registered physician,
wines, malt beverages, and other alcoholic beverages, and a registered
pharmacist may be licensed by the Licensing Board to sell alcoholic
beverages for medicinal, mechanical or chemical purposes without a
physician's prescription.
B.
Sundays and legal holidays. No licensee under this section shall
sell any alcoholic beverages or alcohol without a physician's
prescription on Sundays or legal holidays.
C.
Register to be kept. Licensees under this section shall maintain
a book in which each licensee shall enter, at the time of every such
sale, the date thereof, the name of the purchaser, the kind, quantity
and price of said beverage, the purpose for which it was sold, and
the residence by street and number, if any, of a physician; the book
shall also contain the name of the physician and shall state the use
for which said beverages is prescribed and the quantity to be used
for such purpose.
B.
No person, corporation, partnership or association may be granted
a special license for more than a total of 30 days per calendar year.
C.
No special license may be granted to any person, corporation, partnership
or association while its application for an MGL c. 138, § 12,
license is pending.
D.
No more than one license can be issued for a premises at one time.
Therefore, a special license cannot be issued for use in an existing
or pending licensed premises.
E.
Special licenses for the sale of beer and wine may be granted to
for-profit and nonprofit organizations.
F.
Special licenses for the sale of all alcohol beverages may only be
granted to nonprofit organizations.
G.
All applicants are required to purchase alcohol for their event from
an authorized source, usually a licensed wholesaler in Massachusetts.
H.
Application and public hearing requirements:
(1)
Applications must be submitted no less than 30 days prior to the
public hearing.
(2)
Application as a nonprofit organization must include submission of
a copy of Form 501(3)(c).
(3)
The applicant shall further certify that the Police and Fire Departments
have been consulted with respect to the event and have approved said
application.
(4)
A floor plan, approved and signed by the Building Commissioner, shall
be submitted with the application, specifying proposed areas of service
and consumption, seating, tables, entrances/exits and entertainment
(if applicable).
(5)
A security plan will be submitted with the application.
