Regulations and Guidelines of the License Board of Fitchburg, MA

 

1. License Board Functions:

 

1.1 The Fitchburg License Board is responsible for the issuance of licenses, and promulgation of rules and regulations, respecting the sale of alcoholic beverages for consumption or sale; operation of automatic amusement devices such as pin-ball machines, pool tables and video games; operation of lodging houses. The License Board recognizes Chapter 134 of the City Code as the regulation for soliciting/canvassing.

 

1.2 The Board is also responsible for the issuance of Taxi company licenses, driver permits and the establishment of regulations for taxi and livery vehicles.

 

1.3 The Code of the City of Fitchburg 120-13 sets forth the License Board as the licensing authority.

1.4 A copy of the rules and regulations of the License Board of the City of Fitchburg are available in the office of the City Clerk, for a fee. The regulations will also be posted on the City of Fitchburg Web site www.ci.fitchburg.ma.us under the License Board heading.

1.5 The License Board recognizes the Fitchburg Police Department Officers as agents of the License Board with the authority to enforce all regulations of the License Board.

1.6 The Board strives to issue licenses that will be an asset to the community and to ensure that all rules and regulations pertaining to licenses are complied with in order to protect the safety and health of the public. The Fitchburg License Board encourages licensees to be informed and responsible. Our goal is to help prevent problems before they happen.


 

1A. License Board Fees

 

All Alcoholic Common Victualler

$1200

All Alcoholic General On Premise

$1200

All Alcoholic Club

$1200

All Alcoholic Package Store

$1600

All Alcoholic Inn/Hotel

$1200

 

 

Wine & Malt Common Victualler

$750

Wine & Malt General On Premise

$750

Wine & Malt Package Store

$850

Wine & Malt Club

$750

Druggist

         $850

 

 

One Day All Alcohol

$100

One Day Wine & Malt

$50

Common Victualler

$50

Dance

$25

Automatic Amusement Device

$100

Jukebox

$50

Legal Advertising

$60

Taxi Business License

$250

Modification of existing taxi business

$50

Taxi Vehicle License

$50

Taxi Vehicle Lic. replacing vehicle previously. lic. In same calendar year

$20

Taxi Driver Permit  (Good for 2 yrs.)

$25

 

 

2. Meetings:

2.1 The Fitchburg License Board meets the first and third Monday of the month at 6:00 P.M. If a legal holiday is on Monday, the meeting would be held on the following Wednesday. A schedule of meetings is available in the office of the City Clerk. All meetings of the Fitchburg License Board are open to the public. This does not mean that the public participates in all aspects of the meeting.  It simply means that the meeting itself, including all discussions and votes, is open for public view. The meetings may be recorded at the discretion of the Board.

 

2.2 Public hearings are held on various issues such as license issuance, transfers, entertainment permits and violations of rules and laws. To speak at a public hearing you must be recognized by the chairperson, state your name and address and speak only on the public hearing issue for no more than two (2) minutes. The chairperson has the authority to limit the number of speakers during a public hearing. Before a vote is taken, the chairperson will ask for anyone “in favor” or “in opposition” to stand and be recognized.

                                            

2.3 The License Board may request the presence and participation of the City Solicitor for the City of Fitchburg at meetings and public hearings.

 

 

2.4 Executive Session:

The only time a Board meeting can be closed to the public is when the Board votes for Executive Session in order to discuss sensitive matters in private, such as CORI reports.  Any votes by the Board must be taken in open session.

3. Liquor Licenses: GENERAL PROVISIONS APPLICABLE TO ALL LICENSEE AND/OR LICENSES

3.1 These rules and regulations are for the sale of alcoholic, wine and malt beverages governed by the provisions of Chapter 138 of the Massachusetts General Laws, as amended, for common victualers licensed under Chapter 140 of the Massachusetts General Laws, as amended and for said licensees granted entertainment licenses under Chapter 140 of the Massachusetts General Laws as amended. A significant objective of the regulations is the prevention of violations.

3.2 The License Board of the City of Fitchburg recognizes M.G.L. Chapters 138 and 140 as the standards by which liquor licenses are regulated, and expect all license holders in the City of Fitchburg to become familiar with M.G.L. Chapters 138 and 140.  License holders must also be familiar with the local rules and regulations adopted by the Fitchburg License Board and the Rules and Regulations promulgated by the Alcoholic Beverage Control Commission. www.mass.gov/abcc. This link www.mass.gov/abcc/licensing/guide0.htm to the ABCC website offers valuable information for License holders.

3.3 The definitions to words contained within these rules and regulations shall be consistent with those defined within Chapter 138 and 140 of the Massachusetts General Laws as amended, unless the context of these rules otherwise require.

3.4 Every license is, after a public hearing, subject to suspension, modification of laws of operation, revocation or forfeiture for breach of any of the Rules and Regulations of the Board, Rules and Regulations promulgated by the Alcoholic Beverage Control Commission, the General Laws of the Commonwealth of Massachusetts pertaining to the conduct of business.  Every establishment with a liquor license must have a current certificate of inspection signed by the Building Inspector and the Chief of the Fire Department.  The license holder is responsible for contacting the Building Department to schedule an appointment for inspection before the certificate expires.

(Revised May 18, 2009)

 

3.5 All employees engaged in the sale or serving of alcoholic beverages and/or beer and wine (Sec. 12 & 15) must, within six (6) months of initial employment, have attended and successfully completed a TIPS (Training for Intervention Procedures by Servers of Alcohol) or a substantially equivalent alcohol server safety program, the content and standards of which have been accepted by the Commission.  All managers must complete a course before a change of manager is approved by the Alcoholic Beverage Control Commission.  At least one person successfully trained in a server safety program must be on duty at all times an establishment is open.             (Revised June 2, 2008)

3.6 Each license holder shall maintain a detailed list on premise, including name, address, and contact number of all employees. The license holder shall also maintain either the original or a copy of the certificate of training for each employee engaged in the sale or serving of alcoholic beverages and/or beer and wine. Such employee list and certificates of training shall be made available during normal business hours to a police officer and any investigator or agent of the License Board or the Alcoholic Beverages Control Commission.

3.7 Whenever a Liquor License is returned to the City of Fitchburg in a category not over subscribed, the License Board will have the discretion to hold said license or hold a public hearing on all applications for said license. The public hearing will be advertised in the same manner as other notifications such as license transfers. The License Board will make the determination which application best suits the City of Fitchburg.

 

3.8 Police officers working paid details at liquor establishments will not check ID’s to determine if a patron has reached the legal drinking age or as a screening for admission into establishments. The police officer is there to maintain peace and decorum. The licensee is responsible for checking ID’s.

 

3.9 The License Board reserves the right to change, add or amend to the foregoing regulations after notice and public hearing.

 

3.10 If any of the provisions of these Rules and Regulations or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions of such Rules and Regulations, or the application of such other provisions, which can be given effect without the invalid provision or application thereof, and for this purpose the provisions of these Rules and Regulations are severable.

 

 

3.11 Compliance Checks  (Revised March 2, 2009):

These guidelines are intended to provide the basic framework, which will be used when conducting underage drinking compliance checks on licensed premises.

1.                  Notification that a compliance check will be taking place will be made in the media prior to the start date.

2.                  The underage person taking part in the compliance check should reasonably look their age.  Efforts to make them appear older should be avoided.

3.                  A photo of the underage person should be taken and attached to the information requested in #6.

4.                  The underage person should carry their own personal driver’s license or MA State liquor ID when taking part in the compliance checks.

5.                  The underage person should not carry any money with them other than that given by the law enforcement officer supervising them.

6.                  The underage personal shall sign a release form prior to starting participation in this program.  The underage person and a law enforcement officer should also sign and date a copy of these guidelines.

7.                  Unless circumstances warrant, the underage person shall be given a B.A.C. test at the beginning and at the conclusion of the investigation.  They should be informed of this prior to beginning the investigation.

8.                  The underage person shall enter the licensed premises under observation by a law enforcement officer.

9.                  The underage person shall attempt to purchase an alcoholic beverage.  They should attempt to purchase the same thing at each location.

10.              At no time shall the underage person attempt to misrepresent their age.

11.              If asked for identification, the underage person should provide their true license.

12.              If served at any on-premise establishment, the underage person shall remain on the licensed premise for a period of time instructed by the law enforcement officer.  They should then exit the licensed premise leaving the alcoholic beverage.  If served at an off-premise establishment, the underage person shall carry the alcoholic beverage out to the law enforcement officer.

13.              At no time, under any circumstances, shall the underage person consume any alcoholic beverage.

14.              The safety and welfare of all underage participants will be of the utmost importance to the law enforcement personnel.  Underage persons shall not be exposed to any unusual, unnecessary or unreasonable risk.

15.              The underage person will not wear, exhibit or carry any law enforcement identification or falsely represent themselves as an employee of any law enforcement unit while participating in this program.  They shall not under any circumstances carry a weapon.

16.              The law enforcement personnel should only enter the premises to observe on an as needed basis when circumstances warrant.

17.              Notice to licensees of alleged violations will be given upon conclusion of the compliance check.  Official notification of date, time and place of hearing.

 

 

 

 

____________________________________                                                            __________________

Underage Operative Signature                                                                      Date

 

 

 

 

____________________________________                                                            __________________

Law Enforcement Officer Signature                                                               Date

 

 

 

 

 
 
                                       BOARD OF LICENSE COMMISSIONERS

                                            City Hall, 718 Main Street

                                                         Fitchburg MA  01420

                                                                  (978) 345-9557

 

 

PERMISSION OF PARENT/GUARDIAN

 

I,  _________________________________ , am the parent/guardian of  ______________________________.

 

I have discussed his/her participation in an investigation into illegal sales of alcoholic beverages to an underage person with him/her, and have reviewed the release that he/she is executing as part of this matter.

 

I give my permission for _____________________________________ to execute that release and to participate in an investigation undertaken by the Fitchburg Police Department under the supervision of that office.

 

 

 

_______________________________________                              ______________________

Parent/Guardian (Signature)                                                                  Date

 

 

_______________________________________

Parent/Guardian Signature (Print Name)

 

 

 

 

_______________________________________                              _____________________

Witness (Signature)                                                                               Date

 

_______________________________________                              _____________________

Witness (Print Name)                                                                           Date

 

 

 

 

 

 

 

 

 

 

 

 

 
 
                                       BOARD OF LICENSE COMMISSIONERS

                                            City Hall, 718 Main Street

                                                         Fitchburg MA  01420

                                                                  (978) 345-9557

 

 

UNDERAGE BUYER RELEASE FORM

 

 

I, ______________________________ reside at _________________________________________________ and am

 

______________ years of age.  I hereby release and discharge the Fitchburg Police Department, the Fitchburg License Commission and the City of Fitchburg, its agents and insurers from all claims, demands, damages, actions or suits of any kind or nature, on account of any injury or damage to my person or property resulting from or arising out of my participation in any investigation undertaken by the Fitchburg Police Department or Fitchburg License Commission.

 

I hereby state that I have discussed this release and my volunteer association with the Fitchburg Police Department and the Fitchburg License Commission with parent(s)/guardian(s), and that he/she/they have given permission on the attached form indicating that I have their permission to participate in this investigation.

 

I understand that I may be required to offer testimony in court or other legal proceedings as part of my participation in investigations conducted by the Fitchburg Police Department or Fitchburg License Commission and will fully comply with any notice or subpoena I may receive.

 

Signed under pains and penalties of perjury.

 

 

________________________________________                            _____________________

Underage Buyer (Signature)                                                                  Date

 

 

________________________________________

Underage Buyer (Print Name)

 

 

________________________________________                            ______________________

Witness (Signature)                                                                               Date

 

 

________________________________________                           

Witness (Print Name)

 

 

 

 

 

 

Minimum Purchase Law Compliance Check  Activity Report

 

 

 

 

 

 

 

 

 

 

 

Underage Operative Name & Age

 

 

 

 

Police Officer/Investigator

 

 

 

 

City

 

 

 

 

Day and Date

 

 

 

 

 

 

 

 

 

Time

Establishment

Violation           (Sale/No Sale)

Action   (Circle below)

Premise Type

Time IN:                 

Name

    Yes      /          No

Hearing  /  Citation

On Premise

Time OUT:

Address

 Closed   /   Not Attempted

None

Off Premise

 

 

 

 

 

Time

Establishment

Violation           (Sale/No Sale)

Action   (Circle below)

Premise Type

Time IN:                 

Name

    Yes      /          No

Hearing  /  Citation

On Premise

Time OUT:

Address

 Closed   /   Not Attempted

None

Off Premise

 

 

 

 

 

Time

Establishment

Violation           (Sale/No Sale)

Action   (Circle below)

Premise Type

Time IN:                 

Name

    Yes      /          No

Hearing  /  Citation

On Premise

Time OUT:

Address

 Closed   /   Not Attempted

None

Off Premise

 

 

Minimum Purchase Law Compliance Check

Results Tracking Form

 

Underage Operative Name & Age        __________________________________________________       

 

 

Police Officer/Investigator                     __________________________________________________

 

 

City                                                      __________________________________________________                               

 

Day and Date                                       __________________________________________________

 

Outlets Visited

 

__________________                        Number of Liquor Stores Locations Visited (Off-Premise)

 

__________________                        Number of Liquor Stores Asked for ID

__________________                        Number of Liquor Stores Cited

 

__________________                        Number of Restaurants/Bars/Clubs Visited (On-Premise)

 

__________________                        Number of Restaurants/Bars/Clubs Asked for ID

 

__________________                        Number of Restaurants/Bars/Clubs Cited

 

__________________                        Total Number of Alcohol Outlets Surveyed

 

__________________                        Total Number of Violations Issued

 

Other Information or Comments, including dates for violation hearings:

 

_________________________________________________________________________________________

 

_________________________________________________________________________________________

 

_________________________________________________________________________________________

 

_________________________________________________________________________________________

 

_________________________________________________________________________________________

 

 

 
 
                                       BOARD OF LICENSE COMMISSIONERS

                                            City Hall, 718 Main Street

                                                         Fitchburg MA  01420

                                                                  (978) 345-9557

 

Minimum Age Purchase Law Compliance Check Field Report

 

Date:    ____________

To:       Chief of Police

From:   FPD Officer      ___________________________

 

Establishment Investigated

 

Name and Address:____________________________________________________________________

 

Violation?:        (YES) 204 CMR 2.05 (2) Permitting and illegality on the licensed premises, to wit:  Chapter 138, section 3 Sale or delivery of an alcoholic beverage to a person under twenty-one years of age.

                        (NO)

 

Compliance Check operation conducted with the following results being reported:

 

Time Entered _________________                 Time Exited___________________

 

Was Identification requested:                YES                 NO

 

Who requested Identification?               ___________________________________

What type of Alcoholic Beverage?                    ___________________________________

 

Was Alcoholic Beverage purchased?                YES         NO              Was any consumed?      YES          NO

 

How much did it cost?                          _________________________

 

Describe person who sold:                    ______________________________________________________

 

Name of person who sold:                    ______________________________________________________

 

Signed under the pains and penalties of perjury this  ___________________________________

                                                                                                (Date of compliance check)

 

_______________________________________________________________________

Underage Buyer Signature and Printed Name                                       

                                   

DOB:  _____/______/_______      Age: _______

 

Witnessed:        _________________________                      Witnessed:____________________________

                        Investigator/Officer                                                                   Investigator/Officer

 

 

 
 
                                       BOARD OF LICENSE COMMISSIONERS

                                            City Hall, 718 Main Street

                                                         Fitchburg MA  01420

                                                                  (978) 345-9557

 

 

NOTICE OF VIOLATION

 

 

LICENSEE NAME               _______________________________________________________

 

ADDRESS                             _______________________________________________________

 

This is to notify you that on _____________________________ at approximately _____________________

                                                            (Date)                                                                          (Time)

your establishment was investigated by the Fitchburg Police Department during which time it is alleged that you violated:

204 CMR 2.05 (2) Permitting an illegality on the licensed premises, to wit:  Chapter 138, section 34, sale or delivery of an alcoholic beverage to a person under twenty-one years of age.

 

Under MGL, Chapter 30A, you have the right to a hearing on this matter before the License Commission regarding the alleged violation.

 

You will be notified via certified mail to appear for a hearing.

 

 

Service In Hand By:      ______________________________            ______________________

                                      Investigator/Officer                                         Date

 

 

 

Received by:                 ______________________________            ______________________

                                    Licensee Representative                                    Date

3.12  Authority for Release of Information:

 

The following document shall be included in the application package for all liquor license transactions:

 

 

 

 

AUTHORITY FOR RELEASE OF INFORMATION

 

 

 

I,____________________________ do hereby authorize a review of and full disclosure of all records including driving records, or any part thereof, concerning myself, by and to the Board of License Commissioners for the City of Fitchburg, whether said records are public, private or confidential in nature,

 

  The intent of this authorization is to provide full and free access for the specific purpose of providing pertinent data to the Board to determine my suitability to be granted a License or Permit. This information may include but not be limited to a C.O.R.I., Criminal or Civil claims or suits and credit reports.

 

  I agree to indemnify and hold harmless the Board, its agents and employees from any action, claim, suit, demand or damages in relation to such matters. I further understand that the sources of confidential information cannot be revealed to me.

 

  A photocopy, fax, or e-mail of this form will be valid as an original even though they do not contain an original writing of my signature.

 

 

MUST BE SIGNED IN THE PRESENCE OF A NOTARY

 

 

 

Signature_________________________________

 

 

 

Subscribed and sworn before me this___________day of__________year_________

 

 

My commission expires______________year__________

 

 

 

Notary:______________________________ 


 

4. Responsibilities of the Chairperson of License Board:

 

4.1 The Chair shall have the following duties and responsibilities:

 Preside at all meetings of the Board, maintain order in the meeting room by recognizing speakers, calling for votes, and presiding over the discussion of agenda items and generally being guided by Robert’s Rules of Order, except as modified herein.

 Sign official documents when necessary;

 Call special meetings of the Board in accordance with the Open Meeting Law;

 Review and set meeting agendas with the City Clerk;

 Represent the Board at prearranged meetings, conferences, ABCC hearings and other gatherings and report results to the other Board members. The Chair will notify other members in advance, when possible, of prearranged meetings with licensees and others.

5. Action Guidelines for License Violations

5.1 The following are guidelines The Fitchburg License Board will consult to determine consequences of violations of   M.G.L. Chapters 138 and 140 and the rules and regulations of the Fitchburg License Board and the ABCC. These are only guidelines and the Board reserves the right to use discretion in applying them to specific situations.

 

5.2 When the Board is made aware of a violation at a licensed liquor establishment, the license holder will be summons to a public hearing. The summons notice will include the date of the hearing, a description of the violation, the law or regulation violated, the names of the people involved, or a police report number, if appropriate.  Note: only the Fitchburg Police department can release copies of police reports. The summons notice will inform the licensee that they have a right to be represented by an attorney and that there may be action taken against their license. The licensee will be allowed to present a defense of the allegation including presenting witnesses. They will have an opportunity to question witnesses presented by the Board. The License Board may request the City Solicitor to be present and assist in questioning witnesses. Members of the public may be allowed to speak at the hearing after being recognized by the Chairman.

 

First Offense: either action may be taken

  1. Letter of warning placed in Licensee file
  2. License suspension for 1-3 days (Suspension or part of suspension may be held in abeyance for predetermined timeframe pending no further violations)

 

Second Offense within 12 calendar months: either or both actions may be taken

  1. License suspension for 1-4 days plus any days held in abeyance
  2. Change of operating hours

 

Third Offense within 12 calendar months: multiple actions may be taken

  1. License suspension for 3-14 days plus any days held in abeyance
  2. Change of operating hours
  3. Restrictions placed on license for occupancy numbers
  4. Suspension or restrictions placed on entertainment permit

 

Fourth Offense within 12 calendar months: multiple actions may be taken

  1. License suspension for 10-31 days plus any days held in abeyance
  2. Change of operating hours
  3. Restrictions placed on license for occupancy numbers
  4. Suspension or restrictions placed on entertainment permit
  5. Revocation of license

 

Depending on the severity or number of offenses, the Board may use 24 calendar months for determining the number of offenses.

 

These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

Effective 01/01/07

           

6. On Premise “Pouring” Licenses - CH. 138 Section 12

6.1 Premises licensed under the provisions of Chapter 138 Section 12 of the General Laws, can be open to the public Monday through Saturday, 8:00 a.m. to 11:00 p.m., and from 12:00 p.m. to 11:00 p.m. on Sundays.  A late closing permit can be issued, at the discretion of the Board, for the hours between 11:00 p.m. and 2:00 a.m. and must be displayed with the license.

6.2 Any use of any coin operated amusement device for gambling purposes shall result in the suspension and/or revocation of the alcoholic beverage license as well as the license granted for the use of said device.

6.3 Any licensee intending to close his place of business must notify the Board, in writing, before such closing, and state the reason and length of such closing. If the closing is due to unforeseen circumstances or an emergency, the licensee must notify the Board as soon as possible.

6.4 Whenever the Board suspends the liquor license of any licensee, the Board shall provide the licensee with a sign containing the words, “Liquor License suspended by order of the Licensing Board for the City of Fitchburg”. The sign shall be attached in a conspicuous place on the inside, visible from the outside of the licensed premises, and remain in place during the entire period of such suspension.

6.5 No renovations or changes to the premises may be made without prior approval of the License Board.

6.6 The main entrance to the licensed premises must remain unlocked until all patrons have left the premises at closing time. Clubs are exempt from this regulation. All licensed establishments must allow immediate access to License Board members, Police and all agents of the License Board while patrons or employees are on the premise. Employees and management must cooperate while the police investigate disturbance calls. All doors to establishments must remain closed during normal business hours.

6.7 All patrons must be off the licensed premises before the closing time stated on the license or late closing permit.

6.8 Licensees and their employees may remain upon the premises after closing for the purpose of cleaning, making emergency repairs,   providing security for such premises, preparing food for the next day’s business or closing the business in an orderly manner. No alcoholic beverages are to be served or consumed after closing hours.

 

6.9 Employees and management are prohibited from consuming alcohol while on duty.

6.10 In every premise licensed to sell alcoholic beverages in which entertainment known as nude dancing is conducted, there shall be at least a two foot space or separation between dancers and patrons. There will be no touching or physical contact between dancers and patrons.

6.11 Establishments licensed under Ch.138 Sec. 12 shall place a portable sidewalk barrier on the outside of their establishment to maintain a minimum three foot unobstructed pedestrian walkway on the public sidewalk. The license Board may exempt licensees from this requirement due to individual circumstances.

6.12 All establishments will stop serving alcohol at least thirty (30) minutes before closing time.

6.13 These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

Effective 01/01/07

 

 

 

 

 

 

 

7. Off Premise “Package Store” Licenses – CH. 138 Section 15

7.1 Supermarket/variety stores must submit a diagram showing the layout of proposed alcohol area for approval by the License Board. During hours the supermarket/variety is open but alcohol sales are prohibited, the licensee must cover displays and coolers to prevent alcohol sales. ex. early mornings, Sunday mornings

7.2 Each license holder shall maintain a detailed list on premise, including name, address, and contact number of all employees. The license holder shall also maintain either the original or a copy of the certificate of training for each employee engaged in the sale or serving of alcoholic beverages and/or beer and wine. Such employee list and certificates of training shall be made available during normal business hours to a police officer and any investigator or agent of the License Board or the Alcoholic Beverages Control Commission.

7.3 Use of drive-up windows to dispense alcohol is prohibited

7.4. These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

Effective 01/01/07



 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

8. Special “One Day” Licenses – CH. 138 Section 14, 204CMR 7.00

8.1 A complete application must be filed fourteen (14) days prior to the event for which the special license is being requested.

 

8.2 A hearing on the application shall be held by the License Commission at least two weeks prior to the event. A person who is familiar with how the liquor is to be served and purchased must attend the hearing to represent the applicant.

 

8.3 Liquor must be purchased through a wholesaler for one day liquor events. If all liquor is not used during event it must be returned to wholesaler. It is illegal to store the liquor on premises to be used for future events.

 

8.4 Licenses are issued by local licensing authorities and shall not be issued to any person (s), association, partnership or corporation already issued or in the process of being issued a license to sell alcoholic beverages as approved by the commission. A special license cannot cover any area that is included in the description of premise of a currently licensed establishment.

 

8.5 Liquor must be dispensed by someone who has attended and successfully completed a TIPS (Training for Intervention Procedures by Servers of Alcohol) or a substantially equivalent alcohol server safety program and familiar with the laws regarding the service of liquor.

 

8.6 The License Commission shall establish requirements for Police coverage of the licensed event on a case by case basis.

 

8.7 Failure to abide by these regulations, MGL Ch 138 (www.mass.gov/legis/laws/mgl/gl-138-toc.htm) or by any provision of ABCC regulations (www.mass.gov/abcc) pertaining to alcoholic beverages shall be grounds to deny, suspend or revoke any special license issued under MGL CH 138, s 14 and could prohibit future license approvals.

 

8.8 These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

 

Effective 01/01/07

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

9. Club License – CH. 138 Section 12

9.1     The entrances to the premises shall be kept closed and locked.  Admittance to the premises may be by key, card, electronic device or doorbell to be operated by a member of said club.

9.2     The names and addresses of all club members must be provided to the Board as part of the annual renewal application of each present Club licensee on an annual basis.  New applicants for Club licenses must provide a list of charter members names and addresses and update the list annually at renewal time.

9.3     Only club members may be permitted to enter the licensed premises except under the following conditions:

9.3.1   Each guest will sign a register immediately upon entering the Club and will record the date, their name and residential address and the member’s name they are the guest of.  The guest register must be available for Board inspection for at least one year after the final entry.

9.3.2   Each guest must be escorted into the Club by a Club member who shall sign his or her name on the guest register next to the guest’s name. The member must be present for the duration of the guest’s visit. If the member leaves, the guest must leave at the same time. If a guest is renting part of the club premises for a private party, the member must be present during the entire time of the party and the member is responsible for the actions of the party participants.

9.4    Any person who is not made a member of the Club for at least six (6) months, has not paid an annual membership fee and is not recorded in the Club’s log of members is considered to be a “guest” for the purpose of these regulations.

9.5 All establishments will stop serving alcohol at least thirty (30) minutes before closing time.

 

9.6 These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

 

Effective 01/01/07

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

10. Entertainment Permits

 

10.1 An application for an entertainment permit will include a specific description of the type of entertainment provided. Ex.: DJ with amplified sound system, acoustic guitar with no amplifier, three piece band with amplified sound system.

 

10.2 There will be no amplified music outdoors and no speakers from amplified music inside will be placed outdoors except with special permission from the Board on individual days.

 

10.3 Speakers inside the premise will be placed to face into the premise.

 

10.4 All entertainment shall be conducted so that no unreasonable noise shall be audible, under any circumstances, upon the sidewalk adjoining the licensed premises or upon any abutting premises. The Board will determine unreasonable noise.

 

10.5 A permit is necessary for both a raffle and a Las Vegas night event. Permits are issued by the clerk of the municipality in which the winning raffle number is going to be drawn or the event is going to be held. These events are regulated by MGL Chapter 271, Section 7A, “Conduct of Raffles and Bazaars.”

10.6. These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

 

 

 

11. Amusement Device Permits

 

11.1 The maximum number of coin operated amusement devices on one premise is (5) five. A diagram showing the placement of amusement devices in a premise must be presented to the Board for approval.

 

11.2 Any use of any coin operated amusement device for gambling purposes shall result in the suspension and/or revocation of the alcoholic beverage license as well as the permit granted for the use of said device.

 

11.3 No coin operated amusement device will be delivered to a premise before a permit is approved by the Board. Use of devices without a permit could result in the denial of a permit.

11.4 The maximum number pool tables on any premise is (2) two and must be approved for a permit before delivery and use.

11.5 A diagram showing the placement of pool tables in a premise must be presented to the Board for approval. There must be a (4) four foot space on all sides of a pool table.

11.6 A diagram showing the placement of dart boards in a premise must be presented to the Board for approval.. Each dart board must be located on a solid wall with a barrier, on each side of dart board, extending from said wall a minimum of (8) eight feet. The first (5) five feet of barrier will be (8) eight feet high and the last (3) three feet will be at least (4) four feet high.

11.7  Where a “Cover Charge” is required by an establishment, a sign will be conspicuously posted at every entrance in letters no less than one inch in height stating that a “Cover Charge” shall be charged and also stating the amount of the charge and the following statement in letters no less than one quarter inch in height stating the following: “Posting of this sign is required under MGL Ch. 140 s. 183D, ABCC Regulation 204-2.16 and Fitchburg Board of License Commissioners Regulation 11.7.  (Regulation added April 2, 2007)

 

11.8. These rules supersede any prior rules issued by the License Commission and shall remain in effect until canceled or modified.

Effective 01/01/07

12. Regulation for Outdoor Seating for Liquor Licenses in The City of Fitchburg

12.1  The liquor license holder is responsible for obtaining all necessary approvals from any other City Department as required by law when applying for an Alteration of Premise through the License Board. The application description will include the size of the outdoor area and the number of seating available. The License Board may place restrictions on the license based on comments and recommendations of other City Departments.

12.2  The outdoor seating area must be contiguous to the main liquor establishment. There must be an unobstructed view of the outside area from the bar or a door person must be in sight of the seating area.

12.3  The size of the outdoor area must be approved by the License Commission. A minimum (4) foot unobstructed walkway for pedestrian traffic must be provided using temporary barriers.

12.4  Tents or temporary structures, either fully or partially enclosed must be approved by the License Commission. Canopies with all sides open could be allowed if approved by the Building Department and License Commission.  A permanent structure added to the licensee’s establishment, must have three (3) sides open and be approved by the Building Department and License Commission.

12.5  To contain the consumption of alcohol within the outdoor seating area, a system of containment must be in use. No alcohol may be consumed outside of the contained area except inside the licensed establishment.

12.6  The license for outdoor area will be seasonal from April 1st through October 31st. All tables, chairs and accessories used in the outdoor seating area must be removed between November 1st and March 31st.

12.7  The hours of use will be no earlier than 10AM and no later than 1:30 AM. These hours of use, for each establishment, maybe reviewed and amended by the License Board for any reason.

12.8  Liquor License holders who are not in compliance with this regulation could forfeit the use of outdoor seating and may have their Liquor License modified, restricted or revoked.

12.9  These regulations may be modified for individual licensees at the discretion of the Board of License Commissioners.

 

 

Effective 06/05/06