[HISTORY: Adopted by the Town Council of the Town of West Springfield as indicated in article histories. Amendments noted where applicable.]
[Adopted as Ch. 7, § 7-400, of the Codified Ordinances]
It shall be unlawful for any person to possess, consume from and/or transport an open container of an alcoholic beverage on any public street, public sidewalk, public park, public playground, or public way or on any grounds owned by the Town within the limits of the Town.
This article shall not apply at events or festivals duly licensed by the License Commission and approved in writing by the board, commission, department or official of the Town of West Springfield having the care and custody of the premises so licensed, to the extent of such license and approval.
The fine for an unlawful act as provided in this article shall be $15.
Possession of an open can, bottle or other container, which upon analysis by the Police Department is determined to contain an alcoholic beverage as defined in MGL c. 138, § 1, shall be prima facie evidence of a violation of this article. All containers of alcoholic beverages being used in violation of this article shall be seized and safely held until final adjudication of the charge against the person or persons summoned before the court.
[Adopted 2-13-2004 by Ord. No. 117 (Ch. 10, § 10-206, of the Codified Ordinances)]
This article shall be entitled the "BYOB Ordinance."
The purpose of this article shall be to establish a BYOB permit to be utilized by holders of common victualler licenses as a means of expanding their marketability by allowing alcohol brought in by patrons to be consumed on the licensed premises.
Upon approval of the License Commission following a hearing, a holder of a common victualler-restaurant license may allow customers to consume alcoholic beverages on their premises subject to the following requirements:
A. 
Beverages must be brought in by the customer for consumption while dining.
B. 
The standards and practices for the issuance of a BYOB permit shall mirror those in place for the issuance of an annual restaurant wine and malt license.
C. 
Permitted beverages shall be limited to those normally covered under a "wine and malt" alcohol license. No other alcoholic beverages (spirits, liqueurs, etc.) shall be permitted for BYOB consumption in any location.
D. 
Patrons who bring alcohol for consumption at an establishment must be seated in a dining area and have ordered food. At least one food order must be placed per table per visit. No alcoholic beverages may be consumed by patrons in a waiting area or unsupervised outdoor dining area (i.e., picnic table). The premises covered by the BYOB permit shall be designated during the application process. All outdoor and/or secondary dining areas included in the premises covered under this permit shall be accessible only by first passing through the main lobby of the establishment. If these areas are not directly supervised by a staff member they must be monitored while patrons are present and consuming alcohol.
E. 
It shall be the responsibility of the BYOB permit holder to ensure all federal, state, and local laws with regard to overconsumption of alcohol, proper training of staff for identification of overconsumption and standards for verification of age are followed.
F. 
No permit holder shall handle, pour, hold, or otherwise aid in the consumption of the alcohol brought onto the premises. Permit holders may provide glassware, bottle openers, corkscrews or similar for patrons to use.
G. 
Unopened or resecured containers of alcohol must be transported in accordance with the Massachusetts General Laws and the Alcoholic Beverages Control Commission's regulations at 204 CMR 2.18.
H. 
The permit holder may charge no fee for the service of facilitating the consumption of alcohol in accordance with this article. Any service fee, glass fee, table fee, or corkage fee, etc. would be considered an indirect sale and is illegal without an alcoholic beverages license.
I. 
No drinking games or contests shall be allowed.
J. 
Any violation of this article may result in restriction, suspension or revocation of the BYOB permit and/or the common victualler's license.
K. 
The fee for a BYOB permit shall be $500 annually, with permits eligible for renewal in July of each year.
L. 
The holder of the permit shall have no property right in said permit and it may be revoked at the discretion of the License Commission by majority vote.
By exercising the privilege of allowing patrons to BYOB, the licensee is potentially exposed to significant liability for injuries and damages to the persons consuming alcohol or to others who are injured or damaged by the persons consuming alcohol. Acceptance and exercise of BYOB will be deemed to be acknowledgment of awareness of this potential liability. Licensees are encouraged to discuss the risks associated with exercising the privileges of BYOB and the appropriate precautions to avoid injuries, damage and liability to others with their legal advisor. The Town of West Springfield and the License Commission acting as the Local License Authority shall not be liable to the licensee or to others if injury or damage shall result from the exercise of BYOB practice. By allowing BYOB on the licensed premises, the licensee acknowledges that he/she understands and will comply with all applicable liquor regulations set forth by the Alcoholic Beverages Control Commission and the licensing authority.