[HISTORY: Derived from Chapter 183, Art. XI, of the prior Code. Amendments noted where applicable.]
A. 
Between September 1 and December 1 of each year, an inspection of all places of business holding a liquor or common victualer license in the Town of Northborough must be made by the Fire Department and the Building Inspector. Upon completion of said inspections, a report shall be sent to the Board of Selectmen and the business establishments holding either or both of said licenses with regard to their findings.
B. 
Should the findings of either of the inspectors be that violations to statute laws of the commonwealth, town codes or bylaws are in evidence, said offender would have until December 15 of that year to correct such violations. Failure to comply would leave the Board of Selectmen no alternative but to disapprove the granting of a renewal license for the ensuing year.
C. 
Upon request for a new all alcoholic, beer and wine or common victualer license, an inspection of the establishment in which said license would be used shall be made by the officials named in Subsection A, and a report shall be sent to the Board of Selectmen with regard to their findings within a month after said request. A license can then be issued if all laws and code regulations conform.
D. 
Before granting a one day beer and wine or common victualer license, a favorable report from the Building Inspector and Police Chief as to the adequacy and safety of the premises or place where said license will be used shall be presented to the Board of Selectmen in writing within one week of said request.
E. 
The Building Inspector may ask the Plumbing, Wire and Sanitation Inspectors to inspect said premises and report if he deems it necessary.
F. 
Upon receipt of an application for an annual liquor license, excluding those for package stores, the Selectmen’s Secretary shall forward said application to the Planning Board for consideration. Upon receipt of the Planning Board’s decision, if an appeal to the Board of Appeals is required, said applicant shall make application to the Board of Appeals regarding this matter. The Board of Selectmen shall only take action on the application after receiving the decision of the Board of Appeals.
G. 
No application for any new alcoholic and any other common victualer license or for transfer of such a license shall be approved by the Board of Selectmen unless the Board determines that the licensed premises are accessible to the public. Factors to be considered by the Board of Selectmen shall include, without limitation, whether such premises have handicapped accessible ramps, toilets and parking spaces which comply, at a minimum, with applicable requirements and have appropriate signs which designate such parking spaces. Exceptions may be granted by the Board of Selectmen if it finds that such access is architecturally impossible or economically infeasible.
[Added 2-26-1990]
[Added 3-12-1990]
A. 
Any licensee holding an all alcohol, including seasonal, or beer and wine license shall participate in a program designed to train employees who engage in either package sales or pouring in methods of observation and detection to avoid selling or serving to intoxicated persons and/or minors. This program will be based on the type of license issued.
B. 
Listed below are programs that are currently available which meet the requirements of this policy:
(1) 
Techniques of Alcohol Management (T.A.M.) sponsored by the Massachusetts Package Store Association.
(2) 
Training for Intervention Procedures by Servers of Alcohol (TIPS) offered by Health Communications.
(3) 
Any insurance industry approved and qualified program offered by a certified trainer and approved by the Board of Selectmen.
C. 
All personnel shall be required to participate in a training program based on the type of license issued. Establishments will have six-months to comply with this policy from the date of its adoption or by the 1991 license renewal by having 75% of their eligible employees trained and certified. After that time, new employees of any establishment will have 60 days from the date of employment to complete one of the training programs. Each establishment must have all personnel trained and certified by the 1992 license renewal.
D. 
All establishments must maintain during operating hours, in an accessible place, a roster or certificate of trained personnel. An updated roster shall be submitted with the annual application for renewal of the license. The roster shall include:
(1) 
Employee name.
(2) 
Employee date of birth.
(3) 
Employee social security number.
(4) 
Type of training (license).
(5) 
Date valid.
(6) 
Date of expiration.
(7) 
Date of hire.
E. 
All personnel shall be required to be recertified once every three years by an approved program above noted.
F. 
Failure to comply with this policy may result in revocation of the license. Fines may also be levied against the license holder should any violation of this policy occur.
[Amended 1-22-1990; 3-12-1990; 9-11-1995; 4-22-2002 ATM; 10-22-2007]
Fees for certain licenses shall be as follows:
Type of License
M.G.L.
Fee effective 11-1-2007
Pkg. Store All Alcoholic
C138,s15
$2,250*
Pkg. Store Beer and Wine
C138,s15
$1,750*
Rest. – All Alcoholic
C138,s12
$2,250*
Rest. – Beer and Wine
C138,s12
$1,750*
Veterans Club
C138,s12
$450
One Day Special License
C138,s14
$100
Class I (new)
C140,s59
$100
Class II (used)
C140,s59
$100
Class III (junk)
C140,s59
$100
Entertainment
C140,s183A
$100
Auctioneer – One Day
C100,s10
$50
Auctioneer – Annual
C100,s10
$100
Taxi (transportation)
C40,s22
$100
Carnival
C140,s181
$500
Junk Collector
C140,s54
$100
Billiards (per table)
C140,s177
$25
Innholder
C140,s2
$50
Common Victualler
C140,s2
$50
Auto Amusement (per mach)
C140,s177A
$100
Bowling Alley
C140,s177
$100
Fortune Teller
C140,s185I
$50
Fuel Storage Permit
C148,s10A
$10
Filling Fee
N/A
$150**
* Licenses that received fee increases effective 11-1-2007.
** A $150 filing fee shall be added to all applications requiring the advertisement of a public hearing and/or abutter notification.
[Amended BOS 12-17-2012]
A. 
Policy statement. It shall be the policy of the Town of Northborough to allow a patron, customer, or other person to bring wine and/or malt beverages onto the premises of a restaurant establishment operating with a common victualler license, solely for the purpose of personal consumption thereon; provided, that the establishment has been issued a carry-in wine and malt permit in accordance with this policy. The principal goal of this policy is to promote responsible alcohol consumption at “carry-in” establishments.
The Town recognizes that an establishment operating under a carry-in wine and malt permit issued by the Board of Selectmen differs from establishments serving alcoholic beverages pursuant to a license issued under MGL C. 138. Establishments licensed under MGL C. 138 are subject to specific statutory requirements, and are further subject to the rules and regulations of the Alcoholic Beverages Control Commission (ABCC). Establishments operating under a carry-in wine and malt permit are not subject to MGL C. 138. The intent of this policy is to ensure that “carry-in” establishments that do not operate under the rules and regulations of the ABCC will be subject to the same level of responsibility as licensed establishments with respect to the consumption of alcohol by their patrons.
The issuance of a carry-in wine and malt permit is permissive and shall be at the sole discretion of the Board of Selectmen.
B. 
General provisions.
(1) 
An establishment that wishes to apply for a carry-in wine and malt permit must have a common victualler license in good standing. Action on permit applications shall be taken at a public hearing held by the Board of Selectmen, following submission of a complete application.
(2) 
All restaurants that allow carry-in wine and malt consumption are subject to this policy and must have an active carry-in wine and malt permit in order to allow consumption of wine and malt beverages on the premises. A restaurant holding a permit shall post a sign at the entry area indicating that it is a carry-in wine and malt restaurant and is subject to all applicable town and state laws and regulations.
(3) 
Wine and malt beverages consumed on site shall be limited to those alcoholic beverages allowed under a wine and malt license for restaurants issued under MGL C. 138.
(4) 
The hours in which wine and malt beverages may be consumed by patrons shall be determined by the Board of Selectmen. The Board may take into consideration recommendations from the Fire and Police Departments.
(5) 
In accordance with MGL C. 138, § 34, no carry-in wine and malt beverages shall be consumed by any person under the age of 21. It will be the responsibility of the appointed manager to ensure that patrons who consume alcoholic beverages on the premises are 21 years of age or older.
(6) 
Carry-in wine and malt beverages shall not be consumed by intoxicated persons. The establishment shall immediately report to the Northborough Police Department any situation in which patrons consuming alcohol in the restaurant appear to present a danger to themselves or others, either in the restaurant or on the public ways, by virtue of the consumption of alcoholic beverages.
(7) 
Only establishments in which table service is provided by wait staff shall be allowed to obtain a carry-in wine and malt permit. Only patrons who are seated in a designated supervised area and who have ordered food for consumption on the premises shall be allowed to consume wine and malt beverages. No wine and malt beverages shall be consumed by patrons in a waiting area.
(8) 
All wine and malt beverages consumed shall be from glasses provided by the restaurant wait staff. No wine and malt beverages may be served or handled by employees. This includes opening, pouring, storing or refrigerating carry-in wine and malt beverages. Restaurant employees may provide bottle openers and glass ware.
(9) 
A patron may take with him/her from the establishment no more than one bottle of wine which has not been totally consumed on the premises, provided that the bottle has been properly sealed and bagged in accordance with the method designated in the regulations of the ABCC and 204 CMR 2.18 or successor regulation. Partially consumed malt beverage bottles or cans may not be taken from the premises by patrons. Remaining unused wine and malt beverages not removed by patrons must be disposed of by the restaurant staff in an acceptable manner that meets all applicable state laws and regulations. Unused wine and malt beverages may not be consumed by any other party, including restaurant staff.
(10) 
No staff under the age of 18 shall be allowed to clear from the tables or premises containers from which carry-in wine and malt beverages were poured or consumed.
(11) 
No establishment operating with a carry-in wine and malt permit shall charge patrons, either directly or indirectly, to consume wine and malt beverages on the premises, including but not limited to a service fee, glass fee, table fee or corking fee.
(12) 
All carry-in wine and malt restaurants shall comply with Section 9-44-010, Alcoholic, beer, wine and common victualler licenses; inspections.
(13) 
All employees serving the public in carry-in wine and malt restaurants shall comply with Section 9-44-020, All alcohol and beer and wine license training.
(14) 
Carry-in wine and malt permits shall not be transferable between persons, establishments or locations, except with the approval of the Board of Selectmen given at a public meeting; and then only if consistent with the public interest.
(15) 
Carry-in wine and malt permits shall expire on December 31st of the year of issue, and may, upon written request of the permit holder, be renewed for the following calendar year by vote of the Board of Selectmen. Without exception, all annual carry-in wine and malt permit holders are required to request renewal of their permits by November 30th of each year.
C. 
Enforcement.
(1) 
Establishments operating with a carry-in wine and malt permit may be monitored for compliance with this policy, with or without notice, by agents of the Town of Northborough.
(2) 
If an establishment operating with a carry-in wine and malt permit is not doing so in a manner consistent with this policy, the Board of Selectmen may, after written notice to the permit holder and reasonable opportunity for a hearing, suspend, revoke, or refuse to renew a carry-in wine and malt permit.
(3) 
The Board of Selectmen may suspend, revoke, or refuse to renew a carry-in wine and malt permit and/or the common victualler license held by the permit holder in the event the permit holder has committed multiple, willful, or repeated violations of this policy or any regulation promulgated by the Board of Selectmen pursuant to this policy.
(4) 
In case of suspension, revocation, or refusal to renew a carry-in wine and malt permit, no abatement or refund of any part of the fee paid therefor shall be made.
D. 
Application procedure.
(1) 
The applicant shall complete a Town of Northborough carry-in wine and malt permit application form.
(2) 
The applicant must meet the requirements of any applicable town and state laws and regulations; and must not have ever been convicted of a violation of a federal or state narcotic drugs law.
(3) 
A carry-in wine and malt permit shall not be granted to any applicant whose license for sale of alcohol at a restaurant issued under the provisions of MGL C. 138 has been suspended or revoked, or to any person, firm, corporation, association or other combination of persons affiliated, directly or indirectly, with such applicant through any agent, employee stockholder, officer or other person, or any subsidiary whatsoever.
(4) 
The application must include the name and qualifications of the person who will be the on-site manager of the establishment. The appointed manager must be at least 21 years of age.
(5) 
A copy of the carry-in wine and malt permit application shall be forwarded to the Town of Northborough Police, Fire and Building Departments for review and recommendation.
(6) 
The Board of Selectmen will conduct a public hearing on the application, after advertising the hearing in a local newspaper and notifying by certified mail the direct abutters, as well as churches and schools within 500 feet of the premises, at least 10 days prior to the date of the hearing.
(7) 
At the public hearing, the Board of Selectmen will consider the input of any interested members of the public, as well as the recommendations of the Police, Fire and Building Departments. The Board of Selectmen may continue the public hearing if it determines that additional information is necessary to act on the application.
(8) 
The applicant shall be responsible for the payment of a $100 application fee upon submission of the initial application and a $350 annual permit fee. Annual permits shall be issued for the period January 1st through December 31st.
[1]
Editor’s Note: Former § 183-44, Gas-fitting permit fee schedule, was removed and placed in Ch. 2-16, Building and Fire Prevention, at the request of the town. See § 2-16-190 for current provisions.
[1]
Editor’s Note: Former § 183-45, Plumbing inspection fee schedule, was removed and placed in Ch. 2-16, Building and Fire Prevention, at the request of the town. See § 2-16-200, for current provisions.