As most recently amended
DATE: March 26, 1986
1.0 GENERAL PURPOSES
1.1 The License Board of the City of Marlborough has determined that the adoption of Rules and Regulations pertaining to licenses granted under their authority are consistent with the Board’s legal authority to regulate conduct which is in the best interest of the Public and are intended to protect the public welfare and safety to the inhabitants of the City of Marlborough. 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.
1.2 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.
1.3 Nothing contained within these rules and regulations are intended to limit the authority of the License Board of the City of Marlborough in enforcing any provision of the Massachusetts General Laws the Board has authority over, under powers conferred to it by applicable State Statute.
2.0 GENERAL PROVISIONS APPLICABLE TO ALL LICENSEE AND/OR LICENSES
2.1 No license can be transferred or surrendered without prior authority of the Board. Controlling stock in a corporation shall not be transferred or pledged without prior permission from the Board.
2.2 Pursuant to Chapter 138, Section 23 of the General Laws, as amended, no renovations or changes in the description of the premises may be taken without prior approval of the Board.
2.3 Every applicant shall file an application or a form prescribed by the Board.
2.3.1 Every applicant for a license or permit, either individually or as a member of a partnership or association, shall furnish proof of his citizenship by production of a certificate of birth, naturalization or as a registered voter.
2.3.2 Every application for a license or permit made by an individual shall be signed by the applicant therefore, who shall give his or her full name and residential address.
2.3.3 Every application for a license or permit made by a partnership shall state the full names and have addresses for all the members of the partnership and shall be signed by a majority thereof.
2.3.4 Every application for a license or permit made by an association shall be signed by a majority of the members of the governing body thereof, who shall state their full names and residential addresses.
2.3.5 Every applicant for a license or permit required by the provisions of Section 5 of Chapter 110 of the General Laws to file a certificate stating the real name of a person conducting a business shall file with his application a certified copy thereof.
2.3.6 Every application for a license or permit made by a corporation shall state the full names and have addresses of the president, treasurer, clerk and members of the Board of Director.
2.3.7 All application for licenses and permits shall be made upon blanks prescribed and furnished by the License Board, shall be fully answered in detail and shall be typewritten or legibly written in ink. Applications submitted in a fashion as otherwise provided for shall not be accepted.
2.3.8 All applications shall be made under the pains and penalties of perjury and any false statement contained in any application shall be a cause or ground for refusing to grant the license or permit or for suspending, canceling or revoking a license or permit already granted by the Board.
2.3.9 Notification of every new application made pursuant to these Rules and Regulations shall, upon receipt by the Board, be made to the Mayor of the City of Marlborough and to the City Councilor who Ward the proposed licenses premises is to be located.
2.4 All licenses must be posted under glass or a similar material on the premises specified in a pubic area so that the same may be easily observed by members of the general public.
2.5 Accessibility to records of all alcoholic beverages sold and purchased only the licensee for resale must be available for inspection during business hours, by the Board or their agents.
2.6 A current list of employees of any licensee shall be available upon request of the Board or their agents.
2.7 The premises so licensed by the Board shall reasonable be subject to inspection b the Police of the City of Marlborough, members of the Board or their agents, the Alcoholic Beverage Control Commission, The Board of Health of the City of Marlborough and Building Department of the City of Marlborough to ascertain the manner in which the respective licensee conducts business.
2.8 (Not assigned)
2.9 Each license held by a corporation, partnership, trust or association must appoint a manger satisfactory to the Commission by a written vote of said organization, giving such manager full authority and control of the premises.
2.9.1 In the event there is a vacancy in the position of manager referenced in paragraph 2.9, the Commission must be notified in writing forthwith, and a new manager consistent with paragraph 2.9 must be appointed.
2.9.2 The manager of the licenses premises shall be held responsible for all violations or infractions of law of these Rules and Regulations occurring on the premises.
2.10 The licensed premises shall at all times be kept clean, neat and sanitary in accordance with all applicable ordinances of the City of Marlborough, State Sanitary Code and Rules and Regulations of the Alcoholic Beverage Control Commission.
2.11 The Licensee shall, if charging a minimum or cover charge, post said charge consistent with Section 183D of Chapter 140 of the General Laws, as amended.
2.11.1 No inn holder, common victualer or person owning, managing or controlling a café, restaurant, or other eating and drinking establishment shall require any person to pay a minimum charge or cover charge unless a sign is conspicuously posted at every entrance to any dining room or rooms where such charge is required in letters no less than one inch in height, stating that a minimum charge or cover charge shall be charged, and also stating the amount of such charge. Whoever violates this section shall be punished by a fine as provided for in Chapter 140, Section 183D of the General Laws.
2.11.2 A licensee possessing a Common victualer License shall not deny admission to any member of the public not partaking of said entertainment and said licensee shall provide to said member of the public adequate seating in a public area being served by any bar-lounge area of the premises.
2.12 The use of booths, stalls or enclosures of any description whatever which are so closed by curtains, screens or other devices so that the persons therein cannot be seen at all times by persons in such restaurant, taverns, or other premises licensed to sell to the public alcoholic beverages, unless such enclosure is approved by the Board and the use of the barred or barricaded entrances or exits thereto or other devised or appliances designed to impede thereto by anyone by anyone authorized under these Rules are violations of Section 25 of Chapter 272 of the General Laws as amended.
2.12.1 Any booth or enclosure as provided for herein shall be limited in height to forty (40) inches.
2.13 No structural renovations to any licensed premises shall be made unless a plan of said renovations shall be submitted and approved by the Board.
2.13.1 No increase in the capacity of the licensed premises will be valid unless an application is duly filed by the licensee and approved by the Board.
2.14 Every licensed premises, except those licensed to sell packaged goods, shall provide separate toilet facilities for men and women patrons.
2.14.1 Any premises licensed other than those licensed to sell packaged goods, hereunder after the effective date of these Rules and Regulations shall provide separate toilet facilities for their employees. This provision shall also apply to those premises already n existence prior to the adoption of these Rules and Regulations which have undertaken to renovate the premises to a substantial degree or have added substantially to the licensed premises.
2.15 When an area is being used to serve the public, the area must be illuminated to the degree of not less than one (1) foot candle (measured 30 inches from the floor) except those portions of the room under furniture.
2.16 There shall be no unlicensed gambling on any licensed premises.
2.16.1 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.
2.16.2 Any person under the age of twenty (20) years of age who intends upon using any automatic amusement device in any part of the premises licensed hereunder, shall comply with the applicable ordinances of the City of Marlborough or any rule or regulation which may from time to time be promulgated by the Board.
2.17 No license for the sale of alcoholic beverages shall be granted for that portion of any building or premises licensed for the purpose of bowling or any game similar thereto pursuant to Section 16D of Chapter 138 of the General Laws.
2.18 All licensees, except those licensed to sell packaged goods, are prohibited from purchasing alcoholic beverages other than wine and malt in bottles or original containers holding less than 1/5 of a gallon or .75 liters.
2.18.1 All licenses, except those licensed to sell packaged goods, are prohibited from selling alcoholic beverages to be taken from the licensed premises.
2.18.2 All licensees, except those licensed to sell packaged goods are prohibited from allowing the removal of any alcoholic beverages from the licensed premise.
2.19 The sale, delivery, furnishing or procuring alcoholic beverages to or for persons under twenty-one (21) years of age or as amended by the General Laws, is prohibited.
2.19.1 No Licensee may employ an individual to handle or sell alcoholic beverages who is by law prohibited by General Laws.
2.20 Any applicant for a special license granted under the authority of Chapter 138 of the General Laws, claiming to represent a non-profit organization as defined under said General Laws shall present satisfactory evidence to the Board of its “non-profit” status.
2.21 Any licensee intending to close his place of business must notify the Board, in writing, before such closing, unless said closing is unanticipated and because of any emergency, and they shall state in their notice the reason and length of such closing.
2.22 NO licensee shall contract bills for his licensed place under any corporate or trade name other than that under which he is licensed.
2.23 Every licensee shall immediately notify the Board of any proceedings brought against them or any proceedings brought by themselves under the Bankruptcy Laws.
2.23.1 Every licensee shall immediately notify the Board of any court proceeding which may reasonable affect the status of their respective license.
2.24 No licensee shall make any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex or ancestry relative to the admission or treatment of any person.
2.25 Any complaints filed by the Police Department of the City of Marlborough in connection with the operation of the licensed premises presently in file, shall continue in force until disposed of by this Board after the adoption of these rules and regulations.
2.26 Whenever the Board suspends the license or licenses of any licensee, the Board shall provide the licensee with a sign containing the words, “Closed by Order of the Licensing Board for the City of Marlborough”, which sign shall be attached on the inside but visible from the outside of the licensed premises, in a conspicuous place during the entire period of such suspension.
2.27 The hours of operation of any licensee for the sale of alcoholic beverages shall be as provided for within these Rules and Regulations and consistent with Chapter 138 of the General Laws as amended.
2.27.1 All patrons must be off the licensed premises at the time of closing as required by these rules and regulations.
2.27.2 All licensees and their employees may remain upon the premises after closing for the purpose of cleaning, making emergency repairs to, or providing security from such premises or preparing food for the next day’s business or opening or closing the business in an orderly manner.
2.27.3 The licensee is required to notify the Marlborough Police Department of their conduct under paragraph 2.27.2 above.
2.27.4 The main entrance to the licensed premises must remain unlocked until all patrons have left the premises, after closing hours.
2.28 Every license is 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 conducting of business so licensed whether to the licensee or to the premises so licensed of any ordinance of the City of Marlborough pertaining thereto.
2.29 TIPS TRAINING: Effective January 1, 1996, every holder of a license to sell or pour alcoholic beverages and/or beer and wine must comply with the following:
2.29.1 All employees engaged in the sale or serving of alcoholic beverages and/or beer and wine must have attended and successfully completed a training program within six (6) months of initial employment. All managers within sixty (60) days of employment in 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.
2.29.2 Each license holder shall maintain a detailed list of all employees engaged in the sale or serving of alcoholic beverages and/or beer and wine and shall also maintain either the original or a copy of the certificate of training for each employee. Such employee list and certificates of training shall be made available for examination, during normal business hours, by the Chief of Police and his/her designee and any investigator or agent of the License Commission of the Alcoholic Beverages Control Commission.
2.29.3 Whenever a license holder is not in compliance with the percentage of trained servers required by this section, the license holder shall immediately, in writing, notify the Commission of such non-compliance. At the next regular or special meeting of the Commission, the license holder must submit a written plan to achieve compliance within one hundred twenty (120) days. Acceptance of such plan by the Commission shall act as a waiver of the percentage requirement for a one hundred twenty (120) day period.
2.29.4 Any applicant for the issuance or transfer of a license shall, as part of the application process, submit a detailed plan to achieve compliance with the required percentage of trained sellers and/or servers. Upon acceptance by the Commission, compliance with such plan shall be considered a condition of the license.
2.29.5 Any license holder may apply, in writing, to the Commission for a determination of substantial equivalency for any alcohol safety program. Such application must be accompanied by supporting material or documentation detailing he content, format, standards and hours of such training program. Determination of substantial equivalency shall be at the sole discretion of the Commission.
3.0 APPLICABLE PROVISIONS FOR RETAIL PACKAGE GOODS STORE LICENSE
3.1 The premises licensed under the provisions of Section 3.0 of the Rules and Regulations and Chapter 138 of the General Laws, can be open to the public Monday through Saturday, 8:00 a.m. to 11:00 p.m., and closed on Sundays.
3.2 No retail sale of alcoholic beverages be conducted on the licensed premises on Sunday.
3.2.1 Alcoholic beverages should be separated from the food area in supermarket stores.
3.3 No deliver of alcoholic beverages shall be made except during the legal hours of sale.
3.4 No alcoholic beverages shall be sold to be drunk on premises.
AMENDMENT TO SECTION 3.0 APPLICABLE PROVISIONS FOR RETAIL PACKAGE GOOD STORE LICENSE, OF THE RULES AND REGULATIONS OF THE MARLBOROUGH LICENSING BOARD (September 29, 1993).
3.5 Retail Sale of Malt Beverages in Kegs
3.5.1 In General: No licensee under MGL Chapter 158, Section 15 shall sell malt beverages at retail in a container having a capacity by volume of more than two gallons of liquid (“keg”) except in compliance with the requirements of this regulations.
3.5.2 Label Required: Each keg sold at retail shall be labeled with the name and address of the retail licensee, and an identifying serial number. The Commission (ABCC) may prescribe the form of labels to be used for this purpose.
3.5.3 Purchaser Identification: The retail licensee shall require each keg purchaser to present positive identification at the time of purchase.
3.5.4 Fee Payments: The retail licensee shall require the purchaser to pay, in addition to the purchase price:
126.96.36.199 A container fee of not less than $10.00 for each keg having a capacity of six or more gallons and of not less than $1.00 for each container having a capacity of less than six gallons.
188.8.131.52 A registration fee of $10.00 for each keg having a capacity of six or more gallons and of $4.00 for each keg having a capacity of less than six gallons.
3.5.5 Fee Refunds: Upon return of a keg sold by the licensee, the licensee shall pay the container fee to the person returning the keg. Upon return of a keg sold by the licensee within sixty (60) days of the purchase and with the correctly numbered label legible and properly attached thereon, and only on such return, the licensee shall pay the registration fee to the person returning the keg.
3.5.6 Non-redeemed Registration Fees: Any registration fee not refunded within 60 days of the purchase shall be forfeit. All forfeit registration fees shall be paid over to the local licensing authority of the City or Town where the licensee’s premises are located with the ninety (90) days of such forfeit. Non-refundable container fees paid pursuant to 204 CMR 9.00 shall belong to the licensee.
3.5.7 Records: The licensee shall record, for each keg sale, the date of sale, size of keg, keg identification number, amount of container fee and registration fee, and name and address of the purchaser. The purchaser shall sign a statement at the time of purchase attesting under penalty of perjury to the accuracy of the purchaser’s name and address shown, and acknowledging that misuse of the keg or its contents may result in civil liability, criminal prosecution or both. The licensee shall record the date and amount of each container and registration fee refund. The records shall be kept by the licensee for not less than three years from the date of making. The Commission (ABCC) may prescribe a form or forms for use in recording the information (as may be) required by 204 CMR
3.5.8 Severability: The provisions of this regulation are severable, and if any provision of any application thereof is held by a court or competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 9.00.
3.5.9 City or Town Laws to the Contrary: No city or town, or local licensing authority, shall impose requirements with respect to keg fees or registration inconsistent with 204 CMR 9.00
4.0 RESTAURANT ALCOHOLIC BEVERAGES LICENSE
4.1 The premises licensed under the provisions of Section 4.0 of the Rules and Regulations and consistent with Chapter 138 of the General Laws, can be open to the public Monday through Saturday, 8:00 a.m. to 2:15 a.m., and from 11:00 a.m. to 2:15 a.m. on Sundays. All sales must cease at 1:45 a.m.
4.2 The provisions of Section 4.0 shall apply to those licensees licensed to serve all alcoholic beverages or wine and malt beverages.
4.3 No licensee shall keep for sale, store or sell beverages in any part of the premises not specified on said license.
5.0 APPLICABLE PROVISIONS TO INNHOLDER LICENSE – HOTEL LICENSE
5.1 The premises licensed under the provisions of Section 5.0 can be open to the public Monday through Saturday 8:00 a.m. to 2:15 a.m. and from 11:00 a.m. to 2:15 a.m. on Sunday. All sales must cease at 1:45 a.m.
5.2 Any sales of alcoholic beverages to registered guests of the licensee by bottles shall be with their seals unbroken and delivered only to their registered rooms.
5.2.1 All other alcoholic beverages served on the premises must be opened and consumed on the premises.
6.0 GENERAL ON PREMISE LICENSE
6.1 The premises licensed under the provisions of Section 6.0 of these rules and regulations, and consistent with Chapter 128 of the General Laws, can be open to the public Monday through Saturday 8:00 a.m. to 2:15 a.m. and from 11:00 a.m. to 2:15 a.m. on Sundays. All sales must cease at 1:45 a.m.
6.2 The Board has determined by these rules and regulations, as most recently amended, that there are a sufficient number of General On-Premise Licenses issued with the City of Marlborough to meet the needs of the public and for their convenience.
6.2.1 Nothing in this section shall prohibit a transfer of a license issued under this section which was in existence prior to the adoption of these rules and regulations.
6.2.2 Prior to any change and/or amendments to paragraphs 6.2,6.2.2, or 6.2.3 of these rules and regulations, the Board shall notify the Mayor of the City of Marlborough and City Council of its intention to effectuate a proposed change at least seven (7) days prior to the date of the meeting scheduled to discuss said change.
6.2.3 Any change made by the Board on paragraphs 6.2, 6.2.2, or 6.2.3 shall require a unanimous vote of said Board.
7.0 CLUB LICENSES
7.1 The premises licensed under the provisions of Section 7.0 of these Rules and Regulations, and consistent with Chapter 138 f the General Laws, can be opened to club members Monday through Saturday 8:00 a.m. to 2:15 a.m. and from 11:00 a.m. to 2:15 a.m. on Sundays. All sales must cease at 1:45 a.m.
7.2 The entrances to the premises shall be kept closed and locked. The entrance on the premises may be by key, card, electronic device or doorbell to be operated by a member of said club.
7.3 The names and addresses of all club members must be provided to the Board as part of the 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.
7.4 NO persons who are not listed as Club members may be permitted to enter the licensed premises except under the following conditions:
7.4.1 Each guest will sign a register immediately upon entering the Club and will record the date and his or her residential address. The guest register must be available for Board inspection for at least one year after the final entry.
7.4.2 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.
7.4.3 Any guest fees must be charged to and paid for by the Club member who has sponsored the guest’s visit to the Club. Guests are not permitted to pay money to the Club for any services whatsoever, including entrance, food or drink, or entertainment.
7.5 Any person who is not made a member of the Club for at least six (6) months and 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.
7.6 Club members may be assessed an annual fee and may be assessed surcharges from time to time, such surcharges to be divided equally among the membership. Club members may not be charged a fee for entrance into the Club on any particular occasion, unless written notice has been sent to each Club member at least one week prior to the particular occasion informing the membership that there will be an entrance charge for the particular occasion.
7.6.1 Nothing in this section shall prohibit a transfer of a license issued under this section which was in existence prior to these Rules and Regulations.
8.0 SEASONAL ALCOHOLIC LICENSES
8.1 Those individuals licensed under this paragraph and consistent with Chapter 138 of the General Laws, shall be open to the public during the same times as are provided for in 8.0 for a premises license.
8.1.1 The holders of seasonal licenses, consistent with Chapter 138 of the General Laws are only allowed to sell alcoholic beverages to the public from April 1st through and including January 15th. From January 16th through March 31st, no alcoholic beverages will be consumed on the premises.
8.2 The Board ahs determined by these Rules and Regulations, as most recently amended, that there are a sufficient number of Seasonal Licenses issued within the City of Marlborough to meet the needs of the public and for their convenience.
8.3 Nothing in this section shall prohibit a transfer of a license issued under this Section which was in existence prior to the adoption of these Rules and Regulations.
8.4 If a licensee under this Section turns in the license for any reason or if the license reverts to the City of Marlborough for any reason, then the Board shall not issue said license to any new applicant.
8.5 Prior to any changes and/or amendments to any provisions of Section 8.0 of these Rules and Regulations, the Board shall notify the Mayor of the City of Marlborough and City Council of its intention to effectuate a proposed change at least seven (7) days prior to the date of the meeting scheduled to discuss said change.
8.5.1 Any changes made by the Board concerning Section 8.0 shall require a unanimous vote of said Board.
9.0 COMMON VICTUALER LICENSES
9.1 All licenses hereunder are bound by the Massachusetts General Laws which control their respective activities.
9.2 Every license of a common victualer shall specify the street and number, if any, of the building where the business is to be carried on or give some other particular description thereof and the license shall not protect a licensee who carries on his business in any other place. Such licenses shall expire on December 31st of each year; but they may be granted during December to take effect on January 1st following.
9.3 Every common victualer shall provide suitable food for strangers and travelers during business hours.
9.4 If, in the opinion of the licensing authorities, a licensee as a common victualer ceases to be engaged in the business he is licensed to pursue, or fails to maintain upon his premises the implements and facilities required by this Chapter, they shall immediately revoke his license. If a licensee at any time conducts his licensed business in an improper manner, the licensing authorities, after notice to the licensee and reasonable opportunity for a hearing, may upon satisfactory proof thereof, suspend or revoke his license.
9.5 Every common victualer shall at all times have a board or sign affixed to his house, shop, cellar or store, or in a conspicuous place near the same with the business name inscribed thereon, in large letters and the business for which he is licensed inscribed thereon and upon neglect thereof shall forfeit twenty dollars ($20.00).
9.6 Patrons are not permitted to ring alcoholic beverages on the premises for their own consumption. Licensees are not permitted to keep alcoholic beverages unless otherwise licensed by this Board, on the premises except for a reasonably small quantity that is used in the preparation of certain specialty cooked foods. The Board will, in its discretion, determine what is reasonable for this purpose and whether or not it is customary in the preparation of such specialty foods. Any police complaints and/or reports, presently on file, shall continue in force until disposed of by this Board. The Licensing Board reserves the right to change or add the foregoing terms and conditions after notice of a hearing to the licensee. Whenever the Board suspends the license or licenses of any
licensee, the Board shall provide the licensee with a sign containing the words, “Closed by Order of Licensing Board for the City of Marlborough”, which sign shall be attached on the inside but visible from the outside of the licensed premises in a conspicuous place during the entire period of such suspension.
10.0 ENTERTAINMENT LICENSES
10.1 Entertainment within the licensed premises as provided for in these Rules and Regulations and consistent with Chapter 138 and 140 of the General Laws as amended, may be licensed as is provided in said General Laws and in the Ordinances of the City of Marlborough.
10.2 The application for such licenses shall be issued according to the procedure of Chapter 140, section 183A as amended, and shall be consistent with said Chapter 140, section 183A of the General Laws.
10.3 All entertainment shall be so conducted that no unreasonable noise shall be audible, under any circumstances, upon the sidewalk adjoining the licensed premises or upon any abutting premises. All amplifiers shall face the licensed premises and not the street.
10.4 The entertainment and dancing must be confined to same place provided for the purpose.
10.5 The type and hours of entertainment shall be subject to change by the Board at any time upon notice to said licensee, after a hearing.
11.1 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.
11.2 The License Board reserves the right to change or add or amend to he foregoing terms and conditions after notice and hearing to the licensees.