[Ord. No. 973, § I, 12-13-2005]
Whereas, the City of Pittsfield finds desirable a vibrant and economically healthy downtown district; and
Whereas, the City of Pittsfield seeks to encourage economic development in its downtown district, with special emphasis upon retail, culture, arts, and entertainment venues; and
Whereas, the City of Pittsfield acknowledges that the availability in the downtown district of support services and amenities, such as restaurants, bars, coffee houses, and retail, will be synergistic with existing and planned arts and entertainment venues in the downtown district and will help encourage additional downtown development; and
Whereas, the City of Pittsfield wishes to establish a sensible and efficient protocol for issuing special liquor licenses for newly developing qualified downtown restaurants; and
Whereas, the City of Pittsfield seeks to avoid impacting and/or influencing the natural economic market forces of the local economy, including the benefits of fair competition; and
Whereas, the City of Pittsfield recognizes the valuable contributions to the City's inhabitants, and the investments made in existing liquor licenses, by existing license holders in the City of Pittsfield; and
Whereas, the Mayor's Ad Hoc Committee on Alcoholic Beverages Licenses has studied the subject matter of this article, and has recommended its passage;
Now, therefore, the City of Pittsfield approves and enacts this article.
[Ord. No. 973, § I, 12-13-2005]
As used in this article, the following terms shall have the meanings indicated:
DOWNTOWN DEVELOPMENT ZONE
Shall be defined as meaning the amended Downtown Pittsfield EOA that is on file with the City of Pittsfield Licensing Board.
LICENSING BOARD DATA BANK
Shall mean the public record maintained by the Pittsfield Licensing Board which contains the information described in Section 11-49.
QUALIFIED DOWNTOWN RESTAURANT
[Ord. No. 1267, § I, 6-13-2023]
A. 
A qualified downtown restaurant (QDR) shall meet the following criteria. The Licensing Board shall revoke (or not issue in the first instance, as the case may be) the special liquor license of any QDR that fails to meet these criteria:
(1) 
A QDR must be either a brewpub holding a pub brewery license or a bona fide restaurant having as its primary mission the provision of restaurant goods and services in the Downtown Development Zone. A QDR's primary mission shall not be barroom nor dance hall goods and services.
(2) 
A QDR, other than a brewpub, shall not provide direct bar service to patrons, except if they are waiting to be seated for a meal, or if the requirements of Subsection A(3) and (4) of this definition, as applicable, have been fulfilled on the day in question.
(3) 
An all-alcohol special liquor licensee shall be deemed to meet the definitional requirements of Subsection A(1) of this definition if it operates a full kitchen a minimum of eight hours per day or, if it is open for fewer than eight hours per day, it operates a full kitchen for the entire period that it is open.
(4) 
A special beer and malt licensee shall be deemed to meet the definitional requirements of Subsection A(1) of this definition if the licensee also holds a pub brewery license for the same premises or it operates an on-premises kitchen for a minimum of eight hours per day or for the entire period it is open for business.
B. 
The Pittsfield Licensing Board shall determine reasonably whether an applicant or licensee meets the aforementioned criteria to qualify as a QDR.
SPECIAL LIQUOR LICENSES
A "special liquor license" is an all-alcohol liquor license or a wine and malt beverage license issued by the Pittsfield Licensing Board that grants to the license holder all the rights, privileges, and responsibilities of an all-alcohol liquor license or a wine and malt beverage license issued in the ordinary course of MGL c. 138, § 12, with the following special limitations, restrictions, and contingencies:
A. 
Special liquor licenses came into existence by Chapter 71 of the Acts of 2005 approved by the Massachusetts General Court, and totals five all-alcohol and four beer and malt special liquor licenses for sale on premises. The fourth all-alcohol special license shall be reserved solely for a QDR (as defined herein) to be located in the same building as the Downtown Movie Theatre Project. The fifth all-alcohol special liquor license shall be reserved solely for the Colonial Theatre Association. The Colonial Theatre Association shall not be required to meet the criteria contained in the definition of the QDR. The Special Act also creates four beer and malt special liquor licenses for sale on premises, subject to the terms of this article.
[Ord. No. 1332, 11-13-2025]
B. 
Special liquor licenses may be issued only for premises located in the Downtown Development Zone as established by the Pittsfield City Council.
C. 
Special liquor licenses shall not be transferable, nor shall they be marketed for sale, sold, pledged, nor encumbered, except for government encumbrances.
D. 
Special liquor licenses, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the City of Pittsfield Licensing Board (the "Licensing Board"), forthwith.
E. 
The Licensing Board shall revoke special liquor licenses if the license holder falls into substantial arrears on any and all business related tax obligations.
F. 
Except for the all-alcohol special liquor licenses for the Colonial Theatre and the Downtown Movie Theatre Project, special liquor licenses may be issued only to qualified downtown restaurants (QDR); the license holder on behalf of said QDR shall be a natural person whose current addresses and telephone numbers shall be on file with the Licensing Board. Said license holder shall have a direct management role in the day-to-day operation of the restaurant.
G. 
Special liquor licenses shall be issued without a purchase cost, but the Licensing Board may charge an application fee calculated to defray the Licensing Board's costs associated with processing the application. Said special liquor licenses shall incur an annual fee of $1,500 more than the annual fee of all other existing all-alcohol or beer and malt liquor licenses, as applicable, in the City of Pittsfield.
[Ord. No. 1332, 11-13-2025]
[Ord. No. 973, § I, 12-13-2005]
This article shall be construed liberally in favor of the responsible development of restaurants in the Downtown Development Zone. This article shall not change, amend, nor diminish the force of any City ordinance or state or federal law.
[Ord. No. 973, § I, 12-13-2005]
A. 
The Licensing Board shall maintain in one place at the City Clerk's office a data bank of existing liquor licenses and special liquor licenses. This data bank shall include:
(1) 
The identity, address, and business name of all premises licensed to serve alcoholic beverages in the City of Pittsfield.
(2) 
The type of licenses issued to said premises.
(3) 
The name and address of the manager of said premises.
(4) 
The identity and address of the person who may be contacted concerning the potential sale or transfer of said licenses.
(5) 
Notations as to whether the license holder has chosen to market the license for sale and the listing price for the transfer of said license, exclusive of other assets.
B. 
The Licensing Board shall, upon request of any member of the public, promptly distribute the information contained in the data bank.
C. 
Upon enactment of this article, the Licensing Board shall mail a copy of this article to each license holder.
D. 
Any license holder may, but shall not be so required to, give notice to the Licensing Board of its intention to market its license pursuant to this section. Said notice shall be in writing and shall contain the information mentioned above. Said notice shall be fully revocable (in writing) and shall not constitute an offer to sell or transfer.
[Ord. No. 973, § I, 12-13-2005]
There shall be created, only by Act or Special Act of the General Court, a total of five all-alcohol liquor licenses and four special beer and malt liquor licenses. Said licenses shall be controlled or possessed by the Licensing Board, ad infinitum. The Licensing Board may, subject to this article, issue a special liquor license to a qualified downtown restaurant.
[Ord. No. 973, § I, 12-13-2005]
A proposed QDR may apply for a special liquor license exclusively through the application procedures set forth as follows:
A. 
The QDR shall review the Licensing Board's data bank for licenses listed for sale pursuant to Section 11-49.
B. 
If the data bank lists a license for sale pursuant to Section 11-49, the QDR shall first seek to purchase an existing license through the ordinary marketplace by making a written offer to purchase a license so listed in the data bank, by certified mail to the license holder, with a copy to the Licensing Board. Any such offer to purchase shall be a bona fide offer without extraordinary contingencies designed to undermine the offer. If, through no fault of the applicant QDR, there are no licenses for sale in the data bank or a license cannot be obtained reasonably for a price less than or equal to $25,000 for an all-alcohol liquor license or $15,000 for a wine and malt liquor license (the threshold amount), then the QDR may apply for a special liquor license. The threshold amount may be changed by the City Council once every two years by a supermajority vote.
C. 
The QDR's application to the Licensing Board shall be in writing, certified by the proposed license holder under oath, and shall contain an affidavit demonstrating (incorporating relevant attachments):
(1) 
Compliance with the application procedure, and
(2) 
That the QDR meets the definition of this article.
D. 
The QDR shall present itself to the Licensing Board upon reasonable notice, given no later than seven days before the Licensing Board's meeting. At said meeting, the Licensing Board shall, in public, after properly publishing notice of its agenda, including reference to said application of the QDR, determine whether:
(1) 
The applicant meets the definitional requirements of this article as a QDR;
(2) 
The QDR is in fact to be located in the Downtown Development Zone;
(3) 
The QDR has complied with this article and its protocol and procedures;
(4) 
The QDR furthers the policies enunciated in the Preamble, and
(5) 
The QDR meets the general requirements under law applicable to any liquor license holder.
E. 
The Licensing Board shall report its findings (and recommendation, if it so chooses) in writing to the City Clerk, who shall inform in writing to the Mayor, City Council, Police Department, Fire Department, Community Development Board, and Building Commissioner, with a copy to the applicant QDR.
F. 
Upon issuance of said license, the Licensing Board shall assume all of its usual enforcement and prudential powers. Additionally, if the Licensing Board determines that the QDR has materially violated the terms of this article or the special liquor license, then the Licensing Board may take all disciplinary action allowed by law, up to and including revocation.
G. 
In the event of revocation, the special liquor license shall be returned physically to the Licensing Board, and the Licensing Board shall retain such special liquor license for future use consistent with this article.
[Ord. No. 1317, § I, 5-13-2025]
A. 
Definitions. As used in this section, the following terms shall have the following respective meanings:
OUTDOOR TABLE SERVICE
Restaurant service that includes food prepared on-site and under a food establishment permit issued by a municipal authority pursuant to 105 CMR 590.00 that is served to seated diners outside the restaurant building envelope, whether on a sidewalk, patio, deck, lawn, parking area, or other outdoor space.
OUTDOOR TABLE SERVICE AREA
Any outdoor area situated on a public sidewalk or other portion of the public right-of-way (hereinafter referred to as a "public access area"), patio, deck, lawn, parking area, or other outdoor space that has been designated for the sale of food, refreshments, beverages and/or alcoholic beverages at three or more tables or in such other configuration providing for the serving of 10 or more people adjacent to and in association with a legally permitted business (hereinafter referred to as the "operating establishment").
B. 
Application requirements.
(1) 
Applications for an outdoor table service license shall be made to the Licensing Board in a format and with the number of copies established by the Licensing Board for that purpose. applicants must appear before the Licensing Board regardless of the intent to serve alcoholic beverages within the outdoor table service area. Applicants must receive approval from the Department of Public Works, the Department of Community Development, the Health Department, the Building Commissioner, the Police Department, and the Fire Department (hereinafter referred to as "interested City Departments").
(2) 
If the applicant serves alcoholic beverages, the application shall include a copy of the current alcohol license.
(3) 
Applications shall be accompanied by a copy of the current permit to operate a food establishment issued by the City of Pittsfield Board of Health.
(4) 
If the applicant does not own the building in which the operating establishment is located, the applicant must submit a letter from the owner of the building authorizing the applicant to apply for the outdoor table service license, and the application shall be signed by both the building owner and the owner of the operating establishment. Sufficient documentation, as determined by the Licensing Board, demonstrating the right of the licensee to occupy or use a proposed outdoor table service area as well as the right to transport alcoholic beverages over public property, if applicable, shall accompany an application for outdoor table service licenses.
(5) 
If the proposed outdoor table service area is located on City property or within a City-maintained right-of-way, the applicant must also complete and submit a permit application for the right to use said City property or City-maintained right-of-way, available from the Department of Public Works.
(6) 
The application shall be accompanied by a site plan drawn to a scale of not more than 20 feet to one inch, showing the entire outdoor table service area, including the area from the building façade to the curbline, and illustrating the area intended to be used for outdoor table service, its dimensions, the intended layout of tables and chairs, the proposed location of barriers, fences, or partitions and the spatial relation to the entrance to the operating establishment for the outdoor table service area. If the outdoor table service area is located on City property or in a City-maintained right-of-way, the site plan shall also show the dimension of the remaining public access area, demonstrating that this area meets the requirements of this section.
(7) 
The applicant shall transmit the application to the interested City Departments for review and approval. Interested City Departments shall have 14 days to review the application and provide comments to the applicant and the Licensing Board, suggest additional conditions and/or changes to the proposed site plan, and/or sign off on the application.
(8) 
Once approved, the Licensing Board shall provide copies of the approved license to the Police Department, Department of Public Works, Fire Department, and Building Commissioner.
(9) 
An application for renewal of an outdoor table service license shall be made to the Licensing Board. If no complaints have been made to the Licensing Board, renewal will be allowed as an administrative process requiring the sign-off from each interested City Department.
(10) 
At least 10 days prior to any hearing on an outdoor table service license application, the Licensing Board Clerk shall create a legal notice and the applicant shall send said notice by mail, postage prepaid, to residents of the City of Pittsfield who are abutters, owners of land directly opposite a public or private street or way, and abutters to the abutters within 300 feet of the property line as they appear on the most recent applicable tax list. The Assessors Office shall certify to the Licensing Board the names and addresses of said parties in interest and such certification shall be conclusive for all purposes. The Licensing Board may accept an affidavit by the applicant that the required notice has been given as conclusive evidence that this section has been complied with.
C. 
Dimensional and location standards.
(1) 
Pedestrian and vehicular traffic shall not be impeded or obstructed by the outdoor table service area.
(2) 
No part of an outdoor table service area shall encroach upon any part of the public access area fronting on any adjacent premises unless the application includes documentation of written approval from the owner(s) of the adjacent premises and building owner.
(3) 
If the outdoor table service area is located on City property or in a City-maintained right-of-way, an unobstructed public access area shall be maintained along the length of the outdoor table service area, the width of which shall not be less than that required by the Massachusetts Architectural Access Board (MAAB) and the Americans with Disabilities Act (ADA) or their successors. This distance shall be measured from the outermost edge of the barrier located on the outdoor table service area to the inside edge of the curb or the closest obstacle (e.g., trash receptacle, light pole, bicycle rack, fire hydrant, newspaper box, etc.), whichever is more restrictive.
(4) 
Outdoor table service areas that are noncontiguous to the building where the operating establishment is located are permitted. The outdoor table service area must be in the immediate vicinity of, and within clear and direct view of, the existing operating establishment. An outdoor table service license may be denied if it is determined that a proposed noncontiguous outdoor table service area is in an unsuitable location.
(5) 
An noncontiguous outdoor table service area where alcoholic beverages are served must have an adequate number of employees that are physically present in the outdoor table service area at all times when said alcoholic beverages are being sold or consumed.
(6) 
The layout of tables and chairs within an outdoor table service area shall meet the minimum requirements of the Massachusetts Architectural Access Board (MAAB) or the Americans with Disabilities Act (ADA) or their successors, whichever is greater.
(7) 
Tables and chairs in an outdoor table service area must be placed so that there is at least one foot of setback from any adjacent building. There must also be one foot of clearance between tables and chairs and any exterior doorways.
(8) 
If the outdoor table service area is located on City property or in a City-maintained right-of-way, the holder of an outdoor table service area license shall provide and maintain movable barriers which shall be no higher than four feet in height, approved as to size and style as part of the application approval process, to separate the outdoor table service area from the unobstructed remaining area of the public access area.
(9) 
If the outdoor table service area is located on City property or in a City-maintained right-of-way, the layout of the outdoor table service area and required barrier(s) shall be placed in such a manner so as not to impeded pedestrian access to the operating establishment while ensuring control of access and providing visual oversight of the outdoor table service area by the operating establishment.
D. 
Operational requirements.
(1) 
An owner of an outdoor table service license shall not serve patrons in the outdoor table service area later than 11:00 p.m.
(2) 
No operating establishment shall sell, serve or allow consumption of alcoholic beverages in an outdoor table service area without obtaining the required approval and license from the Licensing Board and, if necessary, the Alcoholic Beverages Control Board. Notwithstanding any contrary or different hours of operation in its alcoholic beverages license, the operating establishment shall not sell, serve or allow consumption of alcoholic beverages in the outdoor table service area after 11:00 p.m.
(3) 
The following are prohibited in an outdoor table service area: cooking of food, unshielded trash or refuse storage, advertisements (exclusive of menus intended to be read on the premises of the operating establishment) and outdoor entertainment unless allowed as a result of a separate entertainment license.
(4) 
Outdoor table service areas shall comply with all applicable building, health, safety, fire, zoning and environmental standards. The seating provided in an outdoor table service area located on City property or a City-maintained right-of-way shall be considered temporary and shall not be counted toward City requirements such as off-street parking.
(5) 
Outdoor table service areas must have barriers, fences, or partitions, as applicable, that will be used to maintain control of access to the area and to provide a safe environment for patrons.
(6) 
The combined occupancy of the operating establishment, including open indoor space and outdoor table service area, shall not exceed the total allowed occupancy of the operating establishment based on the certificate of occupancy, and any applicable state orders and regulations, including minimum public toilet room facilities required by the State Plumbing Code, 248 CMR 10.00 and 521 CMR 30.00
(7) 
Waivers. Except for the requirements of the MAAB, ADA, Licensing Board, and ABCC, other requirements of this section may be waived by the Licensing Board if deemed to be in the best interest of the City to do so.
E. 
Insurance requirements.
(1) 
The holder of an outdoor table service license located on City property or a City-maintained right-of-way shall full insure, indemnify, defend, and hold harmless the City and, in their capacity as such, the officers, agents and employees thereof, from and against any and all claims and damages in any way arising out of or through the acts or omissions of the license holder or its employees in the construction, operation, maintenance, use, placement or condition of the outdoor table service area.
(2) 
If the outdoor table service area is located on City property or on a City-maintained right-of-way, the application must include a comprehensive general liability certificate(s) of insurance which names the City as an additional insured. Such certificate(s) shall provide that it may not be canceled or terminated without 30 days' advance notice to the City or the Licensing Board.
(3) 
The following insurance shall be required for all outdoor table service licensees, at a minimum:
(a) 
Workers' compensation shall be carried for all employees and by contractors and subcontractors;
(b) 
Public liability and property damage liability insurance;
(c) 
Property damage liability insurance; and
(d) 
The Licensing Board may require additional insurance. Where alcoholic beverages will be sold, served or consumed, the amount of the insurance shall be determined by the Licensing Board and/or ABCC.
(4) 
The holder of an outdoor table service license shall provide the Licensing Board with a copy of all required insurance prior to commencing services authorized under the license.
F. 
Fee; license duration.
(1) 
An outdoor table service license shall be in effect beginning January 1 and ending on December 31.
(2) 
The application for an outdoor table service license or renewal shall be accompanied by an application fee as stated in Chapter 24, Schedule of Fees, of this Code.
[Ord. No. 1332, 11-13-2025]
(3) 
If applicable, prior to issuance of the license or renewal, the applicant shall pay any fees due to the Department of Public Works for a right-of-way permit.
G. 
Violations; enforcement. The provisions of this section shall be enforced by the Police Department. A person who fails to cure a violation of this section after a written request to take corrective action shall be fined no less than $50 per day for each infraction until the violation(s) is remedied. In addition, the Licensing Board may omit, revoke or suspend a license issued under § 11-53 upon a second or subsequent infraction under this section as well as criminal and noncriminal penalties as indicated in Chapter 4 1/2, §§ 4 1/2-1 and 4 1/2-2.