RULES AND REGULATIONS FOR HOLDERS OF ALCOHOLIC BEVERAGE LICENSES IN THE TOWN OF DEDHAM

1. The Select Board ("the Board") is the Licensing Authority for the Town for all purposes under General Laws Chapter 138 and has sole authority for the issuance and regulation of all alcoholic beverage licenses within the Town. In order to serve the public need and to promote the public welfare by encouraging the responsible sale and service of alcoholic beverages within the Town, the Board has adopted the following Rules and Regulations for Holders of Alcoholic Beverages in the Town of Dedham. ("The Town's Liquor Regulations") These regulations are adopted and may be amended from time to time pursuant to the Board's authority under General Laws Chapter 138.

2. The issuance of liquor licenses and the sale of all alcoholic beverages, including but not limited to wine and malt beverages, in the Town is governed by the Town's Liquor Regulations, the Rules and Regulations of the Alcoholic Beverages Control Commission ("the ABCC"), and General Laws Chapter 138. The licensee is responsible for enforcing and complying with these laws and regulations. The license must be posted in a conspicuous location within the licensed premises, clearly visible and accessible to employees.  All licensees shall ensure that a copy of these Rules and Regulations are kept on the premises at all times and that all employees are aware of these Rules and Regulations and will comply with them. Licensees understand it shall be the obligation and responsibility of the licensee to be apprised of local and state regulations, license conditions, bylaws, laws and acts, and the licensee’s lack of knowledge shall not be sufficient grounds for preventing the Board from acting on a violation of any conditions, regulations, acts and or laws.

3. The licensed premises shall be subject to periodic, unannounced inspection at any time by the Dedham Police Department ("the Police Department"), the Board, the ABCC, or by the duly authorized agent(s) of any of them.

4. No person, firm, corporation, partnership, association, entity, or combination of persons shall obtain any interest in a liquor license without the prior approval of the Board. The actual or attempted transfer of any interest in a liquor license, or in any corporation, partnership, limited partnership, or other entity having an interest in a liquor license, except a transfer of 10% or less of the stock in a publicly traded corporation, without such prior approval may result in the suspension, modification, revocation or non-renewal of the license. The Board may at any time require a licensee to produce satisfactory evidence to establish that no such interest has been sold or transferred and/or that no person(s) other than those disclosed on the original license application or any renewal application have any direct or indirect financial or other beneficial interest in the License.

5. The submission of any false or materially misleading information to the Board by any licensee or person acting on behalf of the licensee in connection with any application for an original license, license renewal, special license, change of manager, transfer of location, transfer of ownership or other application, or any false or materially misleading statements made in any proceeding before the Board in connection with the liquor license, shall be a cause or ground for refusing to grant or renew the license or permit or for suspending, canceling or revoking a license or permit already granted.

6. No licensee shall operate a licensed business under any corporate or trade name other than the name under which the license was originally issued unless such change is first approved by the Board and the ABCC.

7. The licensee shall appoint and maintain a full-time manager who shall at all times have full control and authority over the licensed premises. The manager must be appointed and authorized by valid corporate vote or other action by the licensed person or entity sufficient to grant the manager the necessary authority or control over the premises. The manager must be a citizen of the United States at least twenty-one years old and must be of good moral character and otherwise be acceptable to the Board. All managers of license applicants shall be required to submit to a Criminal Offender Record Information (CORI) certification and to submit fingerprints to the Dedham Police Department in accordance with Chapter 42 of the Town General Bylaws. Managers that have submitted fingerprints shall not be required to resubmit for a period of three years after submission.

8. The manager must be actively involved in the day-to-day operations of the licensed business and in the case of restaurant, tavern and hotel type licenses, must be on the premises during at least 40 hours per week.

9. The manager shall not be changed without the prior approval of the Board and the ABCC. Where circumstances beyond the licensee's reasonable control prevent the licensee from obtaining approval of a new manager in advance of the departure of the manager whose name appears on the license, the licensee must immediately notify the Board in writing of the name and address of the proposed new manager and shall thereafter promptly file an application for Change of Manager within 15 days of the manager of record's last day of work.

10. The licensee shall keep a current and accurate list of the names of all employees that engage in sales or service of alcohol, including name, address, date of birth, date of hire, and position as well as a copy of their server training certificate and shall make such list available for inspection upon request by the authorized agents of the Police Department and the Board.

11. An individual licensee or principal representative of the licensee, the manager of record and any person that serves alcoholic beverages to the public are required to successfully complete an alcohol management or server training course within forty-five (45) days of beginning their respective position and to maintain a current certification. The licensee shall, with each annual renewal application and at any time upon request of the Board, provide the Board and also the Dedham Police Department with the names, addresses, dates of hire and copies of training certificates of all persons subject to this section, said certificates to be available on the premises at all times. This training will be mandatory for section 15 licenses as well.  Renewal of certification shall be every three (3) years.

12. Licenses are issued to serve the public convenience, and, therefore, licensees should be conducting the licensed business on all days authorized by the licensing authority.  Any licensee who permanently ceases its business operation shall immediately surrender its license and physically deliver the license to the Board. If the licensee intends to suspend business operations for a temporary period, it shall first provide the Board with notice at least ten days prior to the anticipated closing date stating the reason(s) for the closing and the estimated length of the closing. If the temporary closing is the result of unforeseen circumstances such as fire, flood, or similar casualty, notice shall be given within ten (10) days after the date of the casualty.

13. The licensed premises shall at all times be subject to inspection by the Board, the Police Department, and their authorized agents. The licensee and manager shall fully cooperate with such agents and shall not in any way hinder or delay access to the licensed premises or otherwise interfere with any agent in the conduct of any inspection or investigation. The licensee must maintain and promptly make available to the Board and its authorized agents for inspection and copying, records of all transactions involving the sale or purchase of alcoholic beverages, any video surveillance of the premises and any record from ID scanners whether used by the establishment at the time of the investigation or not. If such records are maintained at a location other than the licensed premises, the licensee shall provide written notice to the Board specifying the location and any change of location.

14. No licensee or manager shall permit any part of the licensed premises to exceed its maximum capacity as stated on the Certificate of Occupancy. All establishments licensed for the on-premises consumption of alcohol shall have a reliable method for determining when the maximum capacity of the licensed premises or any part of the licensed premises is reached.

15. Any infraction of the Town's Liquor Regulations, Regulations of the Alcoholic Beverages Control Commission, and/or General Laws Chapter 138 may be grounds for action by the Board including the modification, suspension, revocation, non-renewal or cancellation of a license. In determining the appropriate action in any given case, the Board will consider all relevant factors including the licensee's prior record, the nature of the offense, and other aggravating or mitigating circumstances. The following schedule of recommended discipline is a guideline intended to illustrate the range of disciplinary action that the Board might impose for certain violations. The Board is not limited by these guidelines and may impose greater or less discipline as it sees fit. Only offenses which have occurred within the three (3) years preceding the date of violation shall be used in calculating the number of offenses for purposes of the disciplinary guidelines. The day of the week that the actual violation occurred on will be included in any sanction if a suspension is ordered by the Board.The sanctions below are only guidelines for the Board and Licensees.  The Licensing Authority may use its discretion in determining whether the facts and circumstances surrounding a violation, including those mitigating and aggravating factors cited below, warrant a sanction that is more lenient or severe than that suggested by the guidelines.  The Board may, within its discretion, order a suspension with one or more days to be served and the remainder to be held in abeyance for such time as the Board may determine.  These sanctions shall not be construed so as to limit the Licensing Authority's authority to consider alternative dispositions, further conditions on a license, or alternate penalties (e.g. roll back of operating hours).

FIRST OFFENSE: Written Warning to 3 Day Suspension

SECOND OFFENSE: 3-6 Day Suspension

THIRD OFFENSE: 7-10 Day Suspension

FOURTH OR SUBSEQUENT OFFENSE: 10 Day Suspension to Revocation

16. The sale, storage, service, dispensing, distribution, delivery, and/or consumption of alcoholic beverages is strictly limited to those areas of the premises which are specified in the description of the premises as shown on the license. Unless specifically approved by the Board, areas such as patios, decks, outside seating areas, roofs, courtyards, and/or other exterior extensions of a building are not part of the licensed premises.

17. No physical alteration, the effect of which would be to constitute a change in the description of the licensed premises as shown on the license, shall be made without the prior written approval of the Board. This includes any alterations involving the installation, removal or relocation of any interior walls, doorways, stairways, or other structural components within the licensed premises or any modification that increases the maximum seating capacity.

18. Special License:  Special Licenses (e.g., “one-day licenses”) authorized by G.L. c.138, §14 may be issued by the Board.

The Local Licensing Authority may issue special licenses for the sale of wines and/or malt beverages to any enterprise however, special licenses for the sale of all alcoholic beverages may be issued to non-profit organizations only. The license is to be utilized for a single day, or for multiple days only if specified in such license.

Special or one-day licenses are required to have their servers successfully complete an alcohol management or server training course. If the Board limits an area for service, this section must be roped or sectioned off. The Board may require a detail officer be present.

19. The licensee and the manager shall, at all times, maintain order and decorum within the licensed premises and shall not permit any disorder, disturbance, lewdness, prostitution, illegal gaming, unlicensed entertainment, the sale or use of illegal drugs or controlled substances as defined by G.L. c. 94C, or illegality of any kind to take place in, upon, or around the licensed premises (including the parking lot). The licensee shall be responsible for such conduct, whether present at the time of the conduct or not. The manager is required to immediately notify the Police Department when a disturbance resulting in the physical injury to any person occurs on the licensed premises or in the parking lot or other exterior area immediately adjacent to licensed premises including, sidewalks and driveways. Licensees who permit persons to wait in line for a table or seat or for entrance to the premises shall obey the following rules.

(A). Persons who wait inside the premises shall be kept in an orderly line and must not be permitted to block fire aisles or exits. The number of such persons waiting inside the premises shall be included in calculating the number of persons allowed by the maximum occupancy established by the building department.

(B). Persons who are permitted to wait in line outside the premises shall be supervised by an employee of the licensed premises.  Such employee shall stand outside with the line during all times when the line exceeds ten (10) persons and shall disperse the line to the premises if persons in the line are being loud or disorderly or if the line is blocking the sidewalk or is of a size that could reasonably be expected to cause noise or other problems for residents of the area or for passersby.  To the extent that lines in front of a licensed premises become the subject of public complaints the licensee shall have been deemed to be inviting a public nuisance and shall be subject to disciplinary proceedings for same.  It is recommended that licensees in residential areas discourage lines.

(C). Licensees shall ensure that their patrons leave the premises in an orderly manner.

(D). Licensees shall take such steps as are necessary to ensure that patrons or employees do not leave the premises with alcoholic beverages.  Such steps shall include having an employee stationed at the door to watch patrons as they leave. When patrons are observed leaving the premises with beer bottles, beer cans, or cups or glasses filled with liquids that smell like alcoholic beverages to the Board’s agents, it shall be presumed that the vessels contain alcoholic beverages.

(E). When any noise, disturbance, misconduct, disorder, act or activity occurs in the licensed premises, or in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for the use of its patrons, which in the judgment of the Board adversely affects the protection, health, welfare, safety or repose of the residents of the area in which the licensed premises are located, or results in the licensed premises becoming the focal point for police attention, the licensee shall be held in violation of the license and subject to proceedings for suspension, revocation or modification of the license.

20. The sale or delivery of alcoholic beverages to an intoxicated person is prohibited.

21. The sale or delivery of alcohol to a person under the age of twenty-one years is prohibited.

22. The licensee must maintain and keep current all licenses, permits, certificates, and approvals required for the operation of the licensed business. If any such license, permit, certificate, or approval issued by a state or local authority is revoked, suspended, or not renewed for any reason, the licensee must notify the Board in writing.

23. The Board shall have the right and authority to order any licensee to engage as many private detail police officers from the Police Department which in the Board's judgment are necessary to maintain law and order upon the licensed premises and the areas immediately adjacent to or serving the licensed premises, including the parking lots.

24. No licensee shall make any distinction, discrimination, or restriction of service, access, or treatment on account of disability, race, color, religious creed, national origin, sex, sexual orientation, gender identity or ancestry. The service, sale, delivery and consumption of alcohol on the licensed premises is strictly limited to the established hours for the service of alcoholic beverages as stated on the license. No licensee, manager, bartender, or server may solicit or accept any order for alcoholic beverages within fifteen minutes prior to the hour stated on the license for cessation of liquor service. ("the Closing Hour") All bottles, glasses, beverage cans, and other beverage containers must be cleared from the tables and bars within 30 minutes of the Closing Hour. No persons other than the licensee, the manager and/or the employees may be in the licensed premises 45 minutes after the Closing Hour.

25. Employees of the licensed establishment may remain or enter upon the licensed premises outside of the established hours of operation while actually engaged in cleaning, opening, closing, or preparing for the next day's business, but they may not remain upon the licensed premises any longer than necessary to complete their work. No licensee, manager, server, bartender, or other person employed by the licensee, shall consume any alcoholic beverage on the licensed premises either while on duty or at any time before or after the established hours of operation as stated on the license.

26. The Licensing Authority reserves the right to modify or amend the above Rules and Regulations, or to adopt such other, additional Rules and Regulations as the said Authority may deem necessary.

27. In section 15 licenses, all alcoholic beverages sold must be in sealed containers and consumed off the premises. No alcoholic beverages sold may be opened on the licensed premises other than by operation of the law permitting wine and malt tasting pursuant to MGL C138 s15.

28. For all deliveries conducted off the licensed premises, the licensee shall keep records including the date of the sale, quantities and sizes of the items purchased, method of payment, and name and address of the purchasers. In addition, the date and time of the delivery, the name and signature of the person receiving the delivery and the type of identification used to confirm the age. These records, whether printed or electronic, shall be maintained by the licensee upon the licensed premise for a period of not less than one year. Deliveries must be made during the operating hours of the store and may only be performed by an employee that is 21 years or older. Vehicles used for deliveries must have an ABCC permit as described in MGL Ch 138 s15 and must have the permit with them at the time of deliveries.

29. Prices at which alcohol is sold shall not be displayed on any window or front of premises.

30. The Board may require electronic scanners at all alcoholic retailers who are repeat offenders for selling to minors.

31. All retail sales of spirits, one pint or smaller, must not be available by a self-service display where the customer can self-select the product without assistance of an employee. All sales and service must be conducted by an employee, the use of self-service registers and or self-service devices including vending machines or dispensers are forbidden. No bottle service except malt beverages and wine.

32. Compliance checks may be performed at least two times per calendar year. The Chief of Police or their designee may initiate compliance checks at any time using compliance check guidelines, as established by the Dedham Police. Said guidelines are available upon request.

33. Licensees shall instruct their employees and security personnel that they are not to make bodily contact with a patron unless to protect other patrons or themselves from being subjected to body blows from an unruly patron.  In all other circumstances, employees and security personnel are to call the police to have patrons removed from the premises when such patrons are being disruptive and they are unable to convince the patron to leave the premises voluntarily.

Licensees shall call the police and an ambulance and take all other reasonable steps to assist patrons or persons who are injured in or on the licensed premises or whose injuries have occurred outside the premises but have been brought to the attention of the licensee.