HomeMy WebLinkAboutRegulation-AlcoholicBeverages-Enforcement-031510BOARD OF SELECTMEN REGULATION
ALCOHOLIC BEVERAGES – ENFORCEMENT
Date Approved by BOS: Signature of Chair:
March 15, 2010 Norman P. Cohen
I. PURPOSE AND SCOPE
The Board of Selectmen is duly authorized by statute to issue and to regulate alcoholic
beverage licenses. As a result, the Board of Selectmen is the primary enforcement agency
for compliance with ABCC, and town regulations governing alcohol. The Police
Department also conducts compliance checks on all establishments that hold alcohol
beverage licenses. The purpose of enforcement is not punitive, but for education and to
ensure these regulations are consistently followed and applied. It is in the community’s
best interest for all to understand the benefits of complying with the laws governing
alcohol.
II. APPLICATION
1. The licensee is responsible, whether present or not, for ensuring that no
disorder, disturbance, or illegality takes place in or on a licensed premises.
2. Violations may include, but not be limited to, service to an underage person,
sale or delivery to intoxicated persons, use of narcotics on the premises,
gambling, failure to meet any of the terms of the regulations of the Board of
Selectmen.
3. Periodically, the police conduct stings and checks at licensed locations for
compliance. When checks take place, the police shall use the guidelines from
the ABCC for compliance checks.
4. The following course of action will be taken upon violations occurring within
3 years: 1st offense – written warning placed in the licensing file and required
training for personnel involved; 2nd offense – hearing before the Board of
Selectmen to determine action including suspension and revocation of license.
Circumstances may necessitate more serious consequences on any violations.
5. Violations of other rules and regulations will be brought to the attention of the
Board of Selectmen who shall determine whether or not a hearing is
necessary. In most cases, a hearing will be held to determine what, if any,
action should be taken.
6. All violations and complaints received about licensed establishments shall be
in writing and placed in the file of the licensee.
7. At the time of license renewal and/or changes to the license, the Board of
Selectmen will be made aware of any violations or complaints in the last three
years and may use that as a basis for action on the license renewal or change.
8. Upon notice of violations or complaints, the license holder shall provide to the
Board of Selectmen evidence of steps taken to address the violation or of
mitigating circumstances. Failure to respond could result in revocation or
suspension of liquor license. Information provided to the Board shall be
placed in the licensee’s file and may be considered as a basis for action on the
license renewal or change.
9. The license holder has the right to appeal any decision of the Board of
Selectmen within five (5) days of the decision to ABCC.
III. BACKGROUND
When violations occur to the rules and regulations regarding alcohol license, it is the
Board of Selectmen who is ultimately responsible for enforcing the regulations in
conjunction with the Police Department. This enforcement policy is intended to provide
guidance to all licensees of their obligations and the consequences for not following
applicable laws and regulations.
IV. REFERENCE
Adopted by the Board of Selectmen October 4, 2004.
This regulation was amended by the Board of Selectmen on March 15, 2010.
MGL Chapter 138
ABCC Guide to Liquor Laws of the Commonwealth