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Liquor Licenses

City of Medford
Board of License Commissioners
Application/Instruction/Rules and Regulations
pertaining to ‘All Alcohol’ Licenses

The following instructions and rules and regulations for all alcohol licenses were amended by the Board of License Commissioners on March 20, 2013.

PREAMBLE

The Board of License Commissioners, by exercising its licensing authority, intends to secure for the benefit of the City of Medford inhabitants a quality restaurant in an appropriate facility which shall be given the privilege to serve alcohol.

I. GENERAL

1. Authority

The License Commission is authorized to issue licenses in the City of Medford for the sale of alcoholic beverages by restaurants having a seating capacity of not less than 50 persons not including function rooms: Acts of the City of Medford, Chapter 285. Passed September 13, 2012. Approved on September 20, 2012.

2. Rules and Regulations

Any license issued by the City of Medford Board of License Commissioners under the above authority shall be processed in accord with the procedures listed herein and shall be subject to the rules and regulations of such licenses attached to these instruments. The Board of License Commissioners may from time to time adopt further rules and regulations, and all such changes shall apply to existing license holders from the date of adoption. The Board of License Commissioners may attach such conditions and restrictions to each such license as it deems to be in the public interest. No license can be transferred or surrendered without authority of the Commission. No stock in a corporation holding an on-the-premises liquor license of any kind shall be transferred, pledged, assigned or issued without first obtaining a hearing before and approval of the Licensing Commission.

3. State Statutes: ABCC Regulations

License holders shall also be subject to the statutes of Commonwealth of Massachusetts and the rules and regulations of the Alcoholic Beverage Commission Control as applicable.

4. Local Laws

All such licenses shall also be issued contingent upon the continued compliance with all appropriate state and municipal licenses and permits which may pertain to the operation of premises including but not limited to the State Building Code, Common Victualler License requirements, police, fire, off street parking, signage requirements, food handlers permit, and all other applicable licenses.

5. Compliance by Property Owner

Property occupied by the licensee, whether owned or leased by the licensee, shall conform to all ordinances and laws of the City of Medford. Failure to comply with the same shall be sufficient cause for revocation or suspension of said license by the Board of License Commissioners.

6. Filing of Application

All license applications must be complete before being processed by the Board of License Commissioners. An application shall be considered complete and therefore accepted by the Board of License Commissioners when it has been filed in accord with these procedural instructions and all forms required have been fully completed and executed. Filing fees must be paid prior to acceptance of the application by the Board of License Commissioners. Annual license fees shall be payable immediately upon approval of the license by the Board of License Commissioners. Filing fees and license fees shall be paid by certified check. Filing Fees are nonrefundable once an application has been accepted by the Board of License Commissioners.

7. Public Hearing – Abutter Notification

Upon acceptance of an application (a preliminary determination having been made that the tendered documents are sufficiently complete so as to warrant consideration of the merits of application); the Board of License Commissioners will hold at least one public hearing. The public hearing shall be conducted within thirty (30) days of acceptance of a complete application.

The applicant shall within three (3) days after publication cause a copy of the notice to be sent by registered mail, return receipt requested, to each abutting property owner, said list to be secured from Assessors most recent valuation list. Registered mail, return receipts are to be filed with the Medford License Commission.

The applicant shall present evidence to the Medford License Commission of his or her compliance with this notification requirement at least ten days before said hearing.

The applicant shall notify all abutters of the public hearing and its intention to seek an all alcohol license from the board of License Commissioners. Prior to the public hearing the applicant shall present evidence to the Board of License Commissioners of its compliance with this notification requirement.

8. Non-compliance

Any license issued for the sale in any manner of any alcohol shall be issued on the condition that there shall be strict compliance with all the rules and regulations of the Board of License Commissioners as described herein. Failure to comply with these rules and regulations shall be sufficient cause or grounds for refusing to grant the license or permit, or for suspending, canceling, or revoking a license or permit already granted after giving said licensee due notice of the alleged non-compliance and an opportunity to be heard.

II. CONTENT OF APPLICATION

1. Standard Forms

Applications shall be made on forms provided by the Board of License Commissioners.

2. Building and Site Plans

In addition to the above forms each application must contain the following information, shown on a plan drawn to scale by an architect or engineer.

Building Plans

a. The net floor area* and the dimensions of each room or rooms requested to be licensed, including dining room and all rooms in which alcoholic beverages are to be stored. (*Net floor area shall be the area of the room(s) measured between the interior walls exclusive of stairways, service bars, hallways, etc.)

b. Location of any proposed service bars.

c. The area in which seats or benches are to be securely fastened to the floor and/or walls forming what are commonly called booths (table and booths only-no counter service).

d. The area in which there are to be moveable or unsecured seats and tables.

e. Total number and arrangement of seats.

f. Restaurants must provide a clear view of the interior (chapter 138 sec. 1 of the general laws).

g. Entrance and exits.

h. All rooms not being requested to be licensed. If said rooms are to be on the same floor as those rooms to be licensed, the rooms shall be labeled as to their function, such as kitchen, coat rooms, toilets, rest rooms, lobby etc.

3. Menus and Operations

The Board of License Commissioners may, in considering a license application or at any other time, request for review purposes copies of proposed menus and description of food to be served and the manner in which such food shall be served. Licensees are required to offer a full service menu. Appetizers and snacks do not constitute a full meal. The Board of License Commissioners may also examine the experience and qualifications of the manager and other principal operators of the licensed premises prior to the issuance or renewal of said license.

III. AUTHORITY AND QUALIFICATION OF LICENSEE’S REPRESENTATIVE

No individual, partnership, limited liability company, business entity, association or Corporation organized under the laws of the Commonwealth or of any other state or foreign country shall be given a license to sell, in any manner, alcoholic beverages unless such individual, partnership, limited liability company, business entity,
association or corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States and shall have management authority vested in him or her, by properly authorized and executed written designation as full authority and control of the premises described in the license application of such individual, partnership, limited liability company, business entity, association or corporation and of all business therein relative to alcoholic beverages as the licensee itself could, in any way, have or exercise if it were a natural person resident in the Commonwealth.

IV. LICENSES AND FEES: RENEWAL, etc.

Fees are subject to change at any time.

1. Filing Fee

Filing Fee of $450.00 will be required and must be paid at time of original application for all alcoholic restaurant licenses. The filing fee shall not be refundable in the event the Board of License Commissioners approves or denies the license applied for.

2. License Fee

The annual license fee for the all alcohol license shall be $2,000.00. The fee for any short year malt beverage and wine license shall be prorated based upon number of months in the year actually licensed.

3. Renewals

A filing fee of $50.00 will be required and must be paid at the time of any renewal application.

All licenses once issued are valid until December 31 of each year and must be renewed prior to that date. It shall be the responsibility of the licensee to file a renewal application at least 30 days prior to the expiration of the existing license.

Renewal applications shall require updating of all previously filed statements and plans. Licensee shall provide the board of license commissioners with a copy of
certificate of liability insurance upon the issuance of the renewal of a license.

Failure to timely renew prior to expiration shall result in a loss of license, and any subsequent license request must be then treated as a completely new application.

V. RULES AND REGULATIONS

1. Hours Generally

The hours during which sales of alcohol may be made by any licensee shall be from Monday – Saturday 11:00 a.m. – 1:00 a.m., Sunday 12:00 noon – 1:00 a.m. Subject to any restrictions as reflected on the licensee common victualler license.

2. Hours – Dining Room

The hours during which the sale of alcohol may be made in a dining room are further limited to the time when the dining room is open and full food service is available. No licensee shall close business operations for a period of seven or more consecutive days without written consent of the liquor commission.

3. Bar Service

a. Alcoholic beverages may be served at a bar as long as a meal is also served. Customers waiting for tables may be seated at the bar, designated waiting area or standing immediately adjacent to the bar and served a maximum of two drinks prior to service of food or seating. A drink for this purpose does not include a pitcher or carafe container. The licensed premises must offer a full service menu for food service at the bar. [Amended March 20, 2013].

b. Location of the bar, shall not be changed unless approved by the liquor commission and an amended plan is submitted to the board showing the proposed changes.

c. Minimum seating of 60 is required for a bar. [Amended March 20, 2013].

d. The maximum number of allowable seats at the bar shall not exceed 15% of the total seating capacity of the dining area or 15% of actual seating, whichever is less, not to exceed 25 bar stools.

4. Cocktail Lounges

Cocktail lounges are prohibited.

5. Dining Rooms

a. Sale or service of alcohol is prohibited in any area not licensed by the Board of License Commissioners, and no change in such area or location shall be made without prior approval of the Board of License Commissioners, and unless an amended plan is presented to the Board.

b. Service of food is required in all areas where alcohol is to be served.

c. Licenses shall be granted only to establishments where a full meal is served by wait staff and consumed by the seated customers. Take out service limited to food only.

d. Only one drink at a time shall be served to each customer and such drink shall be removed before another drink is served

e. No coin operated games allowed unless permitted by the City Council.

f. No alcohol shall be sold to be taken away from the premises.

6. Supervision

Manager

The manager or representative of the licensee shall, at all times when alcoholic beverages are being sold pursuant to the license, be present in the licensed premises and shall be available to the licensing authorities during all times unless some other person similarly qualified, authorized, and satisfactory to the licensing authorities, and whose authority to act in place of such manager aforesaid, is present in the premises and is acting in place of such manager or principal representative.

The full name, residential address, business and home telephone numbers of said manager or representative must be on file with the Board of License Commissioners. Failure to have such information on file and current shall alone be sufficient cause of revocation of suspension of such license.

Order

The manager or representative shall at all times maintain order and decorum in the premises and in the immediately surrounding areas of the premises, and shallmcooperate in all ways with the Board of License Commissioners and City of Medford officials including but not limited to representatives from the Building Department, Board of Health, and Fire and Police Department in ensuring safe and orderly facilities.

7. Violation of Rules and Regulations

Any license issued under these rules and regulations may be suspended or revoked by the Board of License Commissioners when any of the rules and regulations are violated. Suspension or revocation shall be initiated by the Board by written notification to the license holder and the Board shall hold a public hearing upon such suspension or revocation. The hearing shall be commenced within two weeks of the notice of intent to suspend or revoke said license.

Guidelines on Disciplinary Sanctions

It is the policy of the Licensing Commission of the City of Medford that the following guidelines shall be considered when contemplating sanctions as a result of disciplinary actions for violations of the Rules and Regulations of the License Commission or for violations of applicable Massachusetts General Laws:

Offense: first
Type: major/minor
Suspensions: 1 day to 3 days
Roll back in hours: Warning to 7 days

Offense: second
Type: major/minor
Suspensions: 3 days to 14 days
Roll back in hours: 7 days to 21 days

Offense: third
Type: major/minor
Suspensions: 14 days to 30 days
Roll back in hours: 21 days to 35 days

Offense: fourth
Type: major/minor
Suspensions: 30 days to revocation
Roll back in hours: 35 days to permanent

In addition, the Commission may modify any license under its jurisdiction in a manner allowed by applicable law and as it determines to be appropriate.

These are intended as guidelines only. They are not mandatory. Discretion remains with the Commission to consider all factors, including but not limited to the seriousness of the offense, safety concerns, the past disciplinary record of the licensee including sanctions by the Alcoholic Beverages Control Commission, the responsiveness of the licensee, etc. The Commission may deviate from these guidelines as they determine appropriate.

* Within the previous three year period.

8. True Names of Owners

The licensee shall disclose in its application the true business name of the applicant, its state or organization, and the names and addresses of its current officers, managers or partners. It shall indicate the true names and residential addresses of any owners holding 5% or more of the beneficial equity of such business entity. If the licensed business entity is owned or controlled by another business entity, the true names, addresses of 5% or more of the controlling business entity shall also be listed. Failure to notify the Board of License Commissioners of any changes in the 5% owners of a controlling business entity within seven days of the occurrence shall be deemed a violation of the license and be sufficient cause for its revocation.


Application/Instructions/Rules and Regulations Pertaining to Malt Beverage and Wine Licenses
City of Medford

The following instructions and rules and regulations for the malt beverage and wine licenses were adopted by the Board of License Commissioners on June 30, 2009, and further amended on March 20, 2013.

PREMABLE

The Board of License Commissioners, by exercising its licensing authority, intends to secure for the benefit of the City of Medford inhabitants a quality restaurant in an appropriate facility which shall be given the privilege and license to serve malt beverages and wine.

I. GENERAL

2. AUTHORITY

The Board of License Commissioners is authorized to issue up to twenty-five (25) licenses in the City of Medford for the sale of malt beverages and wine by restaurants having a seating capacity of not less than 19 persons. (Authority: City of Medford Home Rule Petition).

2. Rules and Regulations

Any license issued by the City of Medford Board of License Commissioners under the above authority shall be processed in accord with the procedures listed herein and shall be subject to the rules and regulations of such licenses attached to these instruments. The Board of License Commissioners may from time to time adopt further rules and regulations, and all such changes shall apply to existing license holders from the date of adoption. The Board of License Commissioners may attach such conditions and restrictions to each such license as it deems to be in the public interest.

3. State Statutes: ABCC Regulations

License holders shall also be subject to the statutes of the Commonwealth of Massachusetts and the rules and regulations of the Alcoholic Beverage Control Commission as applicable.

4. Local Laws

All such licenses shall also be issued contingent upon the continued compliance with all appropriate State and Municipal licenses and permits which may pertain to the operation of premises including but not limited to the State Building Code, Common Victualler License requirements, food handlers permit, and all other applicable licenses.

5. Compliance by Property Owner

Property occupied by the licensee, whether owned or leased by the licensee, shall conform with all ordinances and laws of the City of Medford. Failure to comply with the same shall be sufficient cause for revocation or suspension of said license by the Board of License Commissioners.

6. Filing of Application

All license applications must be completed before being processed by the Board of License Commissioners. An application shall be considered complete and therefore accepted by the Board of License Commissioners when it has been filed in accord with these procedural instructions and all forms required have been fully completed and executed. Filing fees must be paid prior to acceptance of the application by the Board of License Commissioners. Annual license fees shall be payable immediately upon approval of the license of Board of License Commissioners. Filing fees and license fees shall be paid by certified check. Filing fees are nonrefundable once an application has been accepted by the Board of License Commissioners.

7. Public Hearing

Upon acceptance of an application (a preliminary determination having been made that tendered documents are sufficiently complete so as to warrant consideration of the merits of application), the Board of License Commissioners will hold at least one public hearing. The public hearing shall be conducted within thirty (30) days of acceptance of a complete application. The applicant shall notify all abutters of the public hearing and its intention to seek a malt beverage and wine license from the Board of License Commissioners.

The applicant shall within three (3) days after publication cause a copy of the notice to be sent by registered mail, return receipt requested, to each abutting property owner, said list to be secured from Assessors most recent valuation list.

Registered mail, return receipts are to be filed with the Medford License Commission.

The applicants shall present evidence to the Medford License Commission of his or her compliance with this notification requirement at least ten days before said hearing.

The applicant shall notify all abutters of the public hearing and its intention to seek a beer and wine license from the board of License Commissioners. Prior to the public hearing the applicant shall present evidence to the Board of License Commissioners of its compliance with this notification requirement.

Prior to the public hearing, the applicant shall present evidence to the Board of License Commissioners of its compliance with this notification requirement.

8. Non-compliance

Any license issued for the sale in any manner of any malt beverage and wine shall be issued on the condition that there shall be strict compliance with all the rules and regulations of the Board of License Commissioners as described herein. Failure to comply with these rules and regulations shall be sufficient cause or grounds for refusing to grant the license or permit, or for suspending, canceling, or revoking a license or permit already granted after giving said licensee due notice of the alleged non-compliance and an opportunity to be heard.

II. CONTENT OF APPLICATION

1. Standard Forms

Applications shall be made on forms provided by the Board of License Commissioners.

2. Building and Site Plans

In addition to the above forms each application must contain the following information shown on a plan drawn to scale by an architect of engineer.

Building Plans

a. The net floor area* and the dimensions of each room or rooms requested to be licensed, including dining room and all rooms in which alcoholic beverages including wine and malt beverages, are to be stored. (*Net floor area shall be the area of room(s) measured between the interior walls exclusive of stairways, service bars, hallways, etc.)

b. Location of any proposed service bars

c. The area in which seats or benches are to be securely fastened to the floor and/or walls forming what are commonly known as booths.

d. The area in which there are to be moveable or unsecured seats and tables.

e. Total number of arrangement of seats.

f. Restaurants must provide a clear view of interior (Chapter 138, Sec. 1 of Massachusetts General Laws).

g. Entrance and exits.

h. All rooms not being requested to be licensed. If said rooms are to be on the same floor as those rooms to be licensed, the rooms shall be labeled s to their function, such as kitchens, coat rooms, toilets, rest rooms, lobby, etc.

3. Menus and Operations

The Board of License Commissioners may, in considering a license application or at any other time, request for review purposes, copies of proposed menus and descriptions food to be served and the manner in which such fool shall be served. Licensees are required to offer a full service menu. Appetizers and snacks do not constitute a full meal. The Board of License Commissioners may also examine the experience and qualifications of the manager and other principal operators of the licensed premises prior to the issuance or renewal of said license.

III. AUTHORITY AND QUALIFICATION OF LICENSEE’S REPRESENTATIVE

No individual, partnership, limited liability company, business entity, association or corporation organized under the laws of the Commonwealth or of any other state or foreign country shall be given a license to sell, in any manner, malt beverages and wine, unless such individual, partnership, limited liability company, business entity, association or corporation shall have first appointed, by vote of its Board of Directors or other similar board, as manager or other principal representative, a citizen of the United States and shall have management authority vested in him or her, by the properly authorized and executed written designation as full authority and control of the premises described in the license application of such individual, partnership, limited liability company, business entity, association or corporation and of all business therein relative to malt beverages and wine as the licensee itself could, in any way, have or exercise if it were a natural person resident in the Commonwealth.

IV. LICENSE AND FEES: RENEWAL, etc.

Fees are subject to change at any time.

1. Filing Fee

A filing fee of $350.00 will be required and must be paid at time of original application for all alcoholic restaurant licenses or wine and malt beverages license. The filing fee shall not be refundable in the event the Board of License Commissioners approves or denies the license applied for.

2. License Fee

The annual license fee for the malt beverage and wine license shall be $1,500.00. The fee for any short year malt beverage and wine license shall be prorated based upon the number of months in the year actually licensed.

3. Renewals

A filing fee of $50.00 will be required and must be paid at the time of renewal application.

All licenses once issued are valid until December 31 of each year and must be renewed prior to that date. It shall be the responsibility of the licensee to file a renewal application at least 30 days prior to the expiration of the existing license.

Renewal applications shall require updating of all previously filed statements and plans. Licensee shall provide the Board of License Commissioners with a copy of certificate of liability insurance upon the issuance of the renewal of a license.

Failure to timely renew prior to expiration shall result in a loss of license, and any subsequent license request must be then treated as a completely new application.

V. RULES AND REGULATIONS

1. Hours – Generally

The hours during which sales of malt beverages and wine may be made by any licensee shall be from Monday – Saturday 11:00 A.M.-12:00 A.M. Sunday 12:00 Noon-12:00 A.M. Subject to any restrictions as reflected on the licensee’s common victualler license.

2. Hours – Dining Room

The hours during which the sales of malt beverages and wine may be made in a dining room are further limited to the time when the dining room is open and full food service is available. No licensee shall close business operations for a period of seven or more consecutive days without written consent of the Liquor Commission.

3. Bar Service

a. Malt beverages and wine may be served at a bar as long as a meal is also served, or customers waiting for tables may be seated at the bar and served a maximum of two (2) drinks prior to service of food or seating. A drink for this purpose does not include a pitcher or carafe container. The licensed premises must offer a full service menu for food service at the bar.

b. Location of the bar shall not be changed unless approved by the Liquor Commission and an amended plan is submitted to the Board showing proposed changes.

c. Minimum actual seating of nineteen (19) is required for a bar.

d. The maximum number of allowable seats at a bar shall not exceed 15% of the total seating capacity of the dining area or 15% of actual seating, whichever is less, not to exceed eight (8) bar stools.

4. Cocktail Lounges

Cocktail Lounges are prohibited.

5. Dining Rooms

a. Sale or service of malt beverages and wine is prohibited in any are not licensed by The Board of License Commissioners and no change in such area or location shall be made without prior approval of the Board of License Commissioners, and unless an amended plan is presented to said Board.

b. Service of food is required in all areas where malt beverages and wine area to be served. Malt beverages and wine may not be served in any designated area for those waiting to be seated for dining.

c. All food must be served on chinaware with silverware (paper, plastic or styrofoam is not permitted.) All beverages must be served in glassware (paper, plastic or styrofoam wine/malt containers are not permitted.)

d. Licenses shall be granted only to establishments where a full meal is served by wait staff and consumed by the seated customers. Take out service is limited to food only.

e. Only one drink at a time shall be served to each customer and such drink shall be removed before another drink is served.

f. No beer or wine shall be sold to be taken away from the premises.

6. Supervision

Manager

The manager or representative of the licensee shall, at all times when malt beverages and wine are being sold pursuant to the license, be present in the licensed premises and shall be available to the licensing authorities during all times unless some other person similarly qualified, authorized, and satisfactory to the licensing authorities, and whose authority to act in place of such manager aforesaid, is present in the premises and is acting in place of such manager or principal representative. The full name, residential address, business and home telephone numbers of said manager or representative must be on file with the Board of License Commissioners. Failure to have such information on file and current shall alone be sufficient cause for revocation or suspension of such license.

Order

The manager or representative shall at all times maintain order and decorum in the premises and in the immediately surrounding areas of the premises, and shall cooperate in all ways with the Board of License Commissioners and City of Medford officials, including but not limited to, representatives from the Building Department, Board of Health, and Fire and Police Departments in ensuring safe and orderly facilities.

7. Violation of Rules and Regulations

Any license issued under these rules and regulations may be suspended or revoked by the Board of License Commissioners when any of the rules and regulations is violated. Suspension or revocation shall be initiated by the Board by written notification to the license holder and the Board shall hold a public hearing upon such suspension or revocation. The hearing shall be commenced within two weeks of the notice of intent to suspend or revoke said license.

Guidelines on Disciplinary Sanctions

It is the policy of the Licensing Commission of the City of Medford that the following guidelines shall be considered when contemplating sanctions as a result of disciplinary actions for violations of the Rules and Regulations of the License Commission or for violations of applicable Massachusetts General Laws:

Offense: first
Type: major/minor
Suspensions: 1 day to 3 days
Roll back in hours: Warning to 7 days

Offense: second
Type: major/minor
Suspensions: 3 days to 14 days
Roll back in hours: 7 days to 21 days

Offense: third
Type: major/minor
Suspensions: 14 days to 30 days
Roll back in hours: 21 days to 35 days

Offense: fourth
Type: major/minor
Suspensions: 30 days to revocation
Roll back in hours: 35 days to permanent

In addition, the Commission may modify any license under its jurisdiction in a manner allowed by applicable law and as it determines to be appropriate.

These are intended as guidelines only. They are not mandatory. Discretion remains with the Commission to consider all factors, including but not limited to the seriousness of the offense, safety concerns, the past disciplinary record of the licensee including sanctions by the Alcoholic Beverages Control Commission, the responsiveness of the licensee, etc. The Commission may deviate from these guidelines as they determine appropriate.
* Within the previous three year period.

8. True Names of Owners

The licensee shall disclose in its application the true business name of the applicant, its state of organization, and the names and addresses of its current officers, managers or partners. It shall indicate the true names and residential addresses of any owners holding 5% or more of the beneficial equity of such business entity. If the licensed business entity is owned or controlled by another business entity, the true names and addresses of 5% or more of the controlling business entity shall also be listed. Failure to notify the Board of License Commissioners of any changes in the 5% owners of a controlling business entity or controlling business entity within seven days of the occurrence shall be deemed a violation of the license and be sufficient cause for its revocation.