[HISTORY: Adopted by the Licensing Board
of the Town of Deerfield 9-12-1956. Amendments noted where applicable.]
[Amended 6-12-2021 ATM by Art. 15]
The following rules and regulations are adopted
by the Deerfield Selectboard, acting as the Licensing Board under
authority of MGL c. 138, §§ 1, 12 and 23, and effective
this first day of January 1982.
These rules and regulations are minimum regulations,
many of which are existing conditions of outstanding licenses. The
adoption of the following regulations are intended to be Townwide
minimum standards attaching as conditions of all MGL c. 138, § 12,
licenses presently outstanding and from hereafter issued. These rules
and regulations supersede any understanding, verbal or written, made
before this date.
All licenses shall, in all respects, conform to all the provisions of the Liquor Control Act, Chapter 138 of the General Laws, as amended.
[Amended 6-12-2021 ATM by Art. 15]
The premises shall, during licensed hours, be
open to inspection by any police officer of the Town of Deerfield,
by a state police officer, Alcoholic Beverage Control Commission inspector,
Board of Health, Selectboard, Building Commission Inspector and all
other municipal inspectors.
All alcoholic beverages sold must be opened
and consumed on the premises.
No licensee shall keep for sale, store or sell
alcoholic beverages in any part of the premises not specified on their
license.
No alcoholic beverages will be sold on the premises
during any hours other than those specifically listed on the license.
Every establishment wherein a license is exercised
must be in full compliance with the zoning, health and building codes
and bylaws of the Town of Deerfield and the Commonwealth of Massachusetts.
All licenses and building certificates shall
be kept on the premises and shall be available at all times to the
proper authorities.
[Amended 6-12-2021 ATM by Art. 15]
When any entertainment is scheduled at a premise
with a liquor license, one or more police officers shall be present
if deemed necessary by the Selectboard.
All entertainment presented at licensed premises
shall be so conducted that no excessive noise shall be audible, under
any circumstances, upon the street adjoining the licensed premises
or upon any abutting premises. All speakers shall face the licensed
premises and not the street.
All areas where entertainers and/or dancers
perform shall be separated by an area of at least three feet in width
between any stage or platform and areas where drinks are served and
consumed.
No licensee shall allow any entertainers and/or dancers to leave the area described in § 247-12 during the course of their performances.
A.
No employee and/or entertainer shall solicit, induce
or request a patron to purchase any alcoholic beverage for them or
any other person. Nothing shall prohibit the above activity in connection
with any contact which such person may have with a patron to whom
they are related by blood or marriage.
B.
No licensee shall employ, use the services of, or
permit upon his licensed premises any employee, entertainer, or other
person who by his or her attire or conduct violates any general laws
or special acts of the commonwealth or any bylaw of the Town of Deerfield.
The licensee shall not permit any illegality
of any nature to take place on the licensed premises.
In the event of any owner, performer, grantee
of a MGL c. 138, § 12, license, or other affected person
is interested in an interpretation whether any of the rules and regulations
are promulgated under MGL c. 138 above or otherwise are intended to
apply to a certain act or set of facts, that person may request an
opinion from the Licensing Board and the Licensing Board shall issue
an opinion.
A.
A variance from the specific rules and regulations
may be granted any owner, performer, grantee of a MGL c. 138, § 12,
license or other affected person at the discretion of the Deerfield
Selectboard acting as the Licensing Board.
[Amended 6-12-2021 ATM by Art. 15]
B.
A variance must have been granted prior to the performance
or act at issue.
C.
The applicant must show that the public safety and
order will be maintained and that the police protection of the Town
of Deerfield will be preserved in the event that such a variance is
granted.
The license will be suspended or revoked for
noncompliance with any of the laws of the commonwealth or regulations
of the License Board relating to this particular establishment.
The Licensing Board reserves the right to change
or add to any of the above terms and conditions after notice to the
licensees.
