Town of Watertown, MA
Middlesex County
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Table of Contents
Table of Contents
[Ord. O-2015-57, passed 9-22-2015]
The purpose of this chapter is to allow restaurants in Watertown that do not have an alcohol license to apply for a "Bring Your Own Bottle" permit, and thereby allow patrons and customers to consume their own alcoholic beverages at the restaurant's premises.
[Ord. O-2015-57, passed 9-22-2015]
The following words shall, unless the context clearly requires otherwise, have the following meanings:
ESTABLISHMENT
Any full service commercial enterprise licensed to sell food to the public.
FULL SERVICE
A commercial enterprise whose operations include a full wait staff, sit down and eat-in dining services for the vast majority of patrons, and any other criteria the License Board deems necessary or appropriate to be in compliance with this chapter.
[Ord. O-2015-57, passed 9-22-2015]
(A) 
No common victualler shall permit alcoholic beverages to be consumed in an establishment which is owned, operated, leased, maintained, or otherwise controlled by the common victualler except pursuant to a valid license issued under the provisions of Mass. Gen. Law Ch. 138 or pursuant to this chapter.
(B) 
"Bring Your Own Bottle" permits may be issued to an establishment that has held a common victualler license in good standing for at least six months prior to application for the permit.
(C) 
No "Bring Your Own Bottle" permit shall be issued to any establishment with an alcohol license issued under the provisions of Mass. Gen. Law Ch. 138.
(D) 
No "Bring Your Own Bottle" permit shall be issued to any establishment that, under the provisions of Mass. Gen. Law Ch. 138, has had an alcohol license suspended or revoked, or to any person, firm, corporation, association, or other combination of persons affiliated, directly or indirectly, with such license through any agent, employee, stockholder, officer, or other person, or any subsidiary whatsoever.
(E) 
No "Bring Your Own Bottle" permit shall be issued to a fast food restaurant, defined herein as a restaurant with seating but without full service.
(F) 
An establishment holding a "Bring Your Own Bottle" permit must comply with all conditions of the permit and applicable laws with respect to hours and days during which alcoholic beverages may be sold for on-premises consumption.
(G) 
The "Bring Your Own Bottle" permit is not transferable.
(H) 
The "Bring Your Own Bottle" permit must be renewed annually.
(I) 
The cost of the permit will be $1,000, payable as a condition of issuance and for each renewal.
[Ord. O-2015-57, passed 9-22-2015]
(A) 
The issuance of a "Bring Your Own Bottle" (BYOB) permit is subject to and at the sole discretion of the Watertown Licensing Board, which shall be the issuing authority, and which may adopt such regulations as it deems reasonable or necessary for administration of this chapter.
(B) 
A condition of the issuance of the permit is compliance with this chapter, and the Licensing Board may impose such other conditions on a permit as it deems necessary or appropriate.
(C) 
The alcoholic beverages may only be consumed inside the premises of the establishment and may not be consumed in any outdoor space. Alcoholic beverages as permitted by BYOB shall only be consumed by a patron of the establishment that has been served a food item from the menu (i.e. appetizers, sides and or entrees as they appear on the menu).
(D) 
Only beer and wine may be consumed pursuant to a BYOB permit.
(E) 
No person under the age of 21 may consume alcoholic beverages pursuant to a BYOB permit, sale or delivery of alcohol to such a person being in violation of Mass. Gen. Law Ch. 138, § 34. It is the responsibility of the establishment to ensure that patrons who consume alcohol are at least 21 years of age. The establishment shall verify age under ABCC guidelines which allows for six valid forms of identification to be accepted for the purchase and consumption of alcohol, i.e. a valid MA License, Valid MA Liquor ID, Valid MA ID, US Passport OR Passport from a country formally recognized by the US, Passport ID Card, or Valid Military ID.
(F) 
It is the responsibility of the establishment to not permit alcoholic beverages to be consumed by an intoxicated person.
(G) 
The employees of the establishment who will have responsibility for the use and exercise of the BYOB permit must obtain alcohol service training from a third-party training provider, and submit certification of such training to the Licensing Board.
(H) 
"Corkage" fees or other similar charges are made at the discretion of the establishment.
(I) 
All alcohol shall be consumed from glasses provided by the establishment. No alcohol shall be consumed out of original containers. It is the responsibility of the establishment staff to physically pour all alcoholic beverages and to dispose of all empty bottles at their own expense.
(J) 
A patron who wishes to remove a partially consumed bottle of wine from the establishment must have the establishment securely reseal the bottle or risk violation of the Massachusetts open container laws. No partially consumed beer bottles may be removed from the establishment. The establishment must also post the Massachusetts open container laws in a visible location on premise.
(K) 
All alcoholic beverages must be removed by the same person who brought them in.
(L) 
The establishment must provide evidence of alcohol liability insurance as a condition of issuance of the BYOB permit.
(M) 
An establishment holding a "Bring Your Own Bottle" permit shall post a sign at the entry area indicating that it is a "Bring Your Own Bottle" establishment and is subject to all applicable town and state laws and regulations.
[Ord. O-2015-57, passed 9-22-2015]
(A) 
This section may be enforced through any lawful means in law or in equity, including, but not limited to, non-criminal disposition under Mass. Gen. Law Ch. 40, § 21D pursuant to the town's ordinances. If non-criminal disposition is elected, then any establishment which violates any provision of this chapter shall be subject to the following penalties:
(1) 
First offense: $100.
(2) 
Second offense: $200.
(3) 
Third and subsequent offenses: $300 each.
(B) 
Additionally, any offense may result in a temporary or complete revocation of the "Bring Your Own Bottle" permit, based on the sole discretion of the Watertown Licensing Board.
(C) 
Each day or portion thereof that a violation exists shall constitute a separate offense. If more than one condition of a permit is violated, each violation shall constitute a separate offense.