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HomeMy WebLinkAbout2019-10-15 SB Packet 3 - 1 Select Board Policies ARTICLE 3 - LICENSES Section 3.1 – General Procedures and Conditions for Issuance of Licenses 3.1.1 – Application Procedures Applications for initial issuance or renewal of licenses shall be on a form as prescribed by the Board of SelectmenSelect Board (the “Board”). The applicant shall have the responsibility to complete all information on the form completely and accurately, and under oath. Where applicable, the Board may require submission of the following:  A sworn statement that the applicant has paid all taxes and fees and other moneys owed to the Town of Reading for any services;  All required performance bonds, if any, are on file; or  A certificate of Workers Compensation is on file. The Board may request information or input from the Police and Fire Chief, and any Department, Board, Committee or Commission in considering the granting or renewal of a license. The Board may review the record of any complaints or problems regarding the applicant or licensee or the licensed premises, and may take such complaints into account in considering whether or not to issue or renew a license. 3.1.2 – License Period and Fees Unless otherwise provided, licenses shall be issued for a calendar year, beginning on January 1st. An application for a new license shall be issued for the remainder of the calendar year. Fees shall be charged for the entire calendar year even if the license is effective for only a portion of the calendar year. The Town Manager may waive such a fee for no greater than a sixty (60) day period at year-end if there are mitigating circumstances. 3.1.3 – License Restricted to the Premises for which it is Issued Except for Taxi and Livery vehicle licenses, an application for a license shall be specific as to the location, including street number and address, for which the license is issued. The licensed activity may not be moved to any other location without approval of the Board. 3.1.4 – Requirement that Licensees maintain their Properties and Businesses in accordance with all Conditions, Bylaws, Rules and Regulations of the Town of Reading during the Term of the License All Licensees, regardless as to whether the type of license held is addressed herein, shall maintain their property and conduct their business in accordance with the terms of the license, these Policies, the rules, regulations and bylaws of the Town of Reading, and all General or Special Laws of the Commonwealth. In addition, all Licensees shall maintain their premises in a clean and business-like condition that is conducive to public health and safety. 3 - 2 Select Board Policies 3.1.5 – Conditions on Licenses The Board may place reasonable conditions on the issuance of any license issued pursuant to these policies to provide for public safety, health, welfare and the promotion of public order. 3.1.6 - Delegation to the Town Manager the Authority to issue Certain Licenses The Board has delegated to the Town Manager the authority to issue and renew any or all licenses covered by this policy, except for the issuance and annual renewal of liquor licenses and licenses for billiards, pool or sippio tables or bowling alleys ; provided, however, that the Town Manager may not deny an entertainment license issued pursuant to M.G.L. c.140, §§181 or 183A, which may be denied only by the Board after a public hearing. The Town Manager shall notify the Board at its next regular meeting, of any licenses granted or renewed. If an issue has been raised by the Board regarding the issuance or renewal of a license, the Town Manager shall not issue or renew the license, but it shall be referred back to the Board for their review and action. The Board has also delegated the authority to issue Licenses for Portable A- Frame/Sandwich Board Signs to the Assistant Town Manager or his or her designee. An individual who has been denied a license may appeal to the Board. The Board’s decision shall be final. 3.1.7 – Suspension, Modification or Revocation of Licenses The Board may suspend, modify or revoke any license issued under these policies for failure to meet any of the requirements of these policies, or failure to meet any conditions placed on the license. The Licensee is entitled to due process as provided by law, which may include written notice of any violation and a hearing. Adopted 10-27-86, Revised 12-13-94, Revised 12-5-95, Revised 5-25-04 Section 3.2 – Liquor License Policies These Policies are adopted and may be amended from time to time, by the Board of SelectmenSelect Board, serving as the Local Licensing Board, pursuant to M.G.L. c.138. All alcoholic beverage licenses issued by the Board of SelectmenBoard shall be governed by the provisions of these Policies, M.G.L. c.138, and the rules, regulations, and policies of the Alcoholic Beverages Control Commission (ABCC), regardless of whether the relevant statute or policy is referenced herein. Consumption of alcohol in a public establishment without a license (so called, “Bring Your Own Bottle”) is strictly prohibited. Any establishment wishing to permit the consumption of alcohol on its premises shall obtain a license as specified herein. The following chart indicates which provisions of Section 3.2 shall apply to which types of license. The Board may require compliance with any section of these Policies for license categories not specifically addressed hereunder. 3 - 3 Select Board Policies Definitions 1. ABCC shall mean the Alcoholic Beverages Control Commission. 2. Application shall mean any application to the Board of SelectmenSelect Board for authorization to engage in the sale and distribution of alcoholic beverages, including an application for a new license, an application for renewal of a license, an application for an alteration of a licensed premises, an application for a change of Mmanager or Assistant Manager, and an application to transfer a license. 3. Club License shall mean a license issued to a club pursuant to M.G.L. c.138, §12. Club shall be defined as in M.G.L. c.138, §1. 4. Continuing Care Retirement Community (CCRC) shall mean a facility providing continuing care to residents as defined by M.G.L. c.93, §76; provided, however, that such facility shall include a certified assisted living residence pursuant to Chapter 19D. 5. CCRC License shall mean a license issued pursuant to M.G.L. c.138, §12 to a CCRC. 6. Farmer’s Market License shall mean a license issued pursuant to M.G.L. c.138, §15F. 7. Farmer Series License shall mean a license issued by the ABCC to a licensee pursuant to M.G.L. c.138, §19B, §19C or 19E. 8. Farmer Series Pouring Permit shall mean a license issued by the Select Boardmen pursuant to M.G.L. c.138, §19B(n), §19C(n), or §19E(o). 9. General On-Premises License shall mean a license issued to an establishment without a common victualler’s license pursuant to M.G.L. c.138, §12. 10. General On-Premises Instructional Classes License shall mean a General On-Premises License that allows the service of alcoholic beverages only in conjunction with instructional classes. Category 3.2.1 3.2.2 3.2.3 3.2.4 3.2.5 3.2.6 Section 15 Package Store Licenses X X X Section 12 Pouring Licenses X X X X Section 19B, 19C, 19E Farmer's Series Pouring Permits X X X X Section 14 Special Temporary Licenses X X Section 15F Farmer's Market Licenses X X 3 - 4 Select Board Policies 11. Offense shall mean a violation of M.G.L. c.138, the ABCC Rules and Regulations, the Town of Reading’s licensing regulations, or any other law or regulation of the Town. 12. Package Store License shall mean a license issued pursuant to M.G.L. c.138, §15. 13. Pouring License shall mean a license issued pursuant to M.G.L. c.138, §12, including a Restaurant License, CCRC License, Club License, War Veterans’ Club License, General On-Premises License, and General On-Premises Instructional Classes License. 14. Restaurant License shall mean a license issued to a common victualler pursuant to M.G.L. c.138, §12. 15. Special Temporary License shall mean a license issued pursuant to M.G.L. c.138, §14. War Veterans’ Club License shall mean a license issued pursuant to M.G.L. c.138, §12 to any corporation the members of which are war veterans and which owns, hires or leases a building, or space in a building, for the use and accommodation of a post of any war veterans’ organization incorporated by the Congress of the United States, to sell such beverages to the members of such post only and to guests introduced by such members and to no others. 15. 16. 3.2.1 – General Guidelines 3.2.1.1 – Standard of Review In reviewing a license Application, the Board of Selectmenthe Select Board shall determine whether the public need and the common good will be served by granting the Application. In doing so, the Board may consider: 1. The number and location of premises for which licenses are currently in effect; 2. The nature and character of the operation proposed; 3. The suitability and fitness of the Applicant; 4. The qualifications of the proposed Mmanager of the premises to be licensed; 5. Any anticipated impacts of licensed activity on the community, including, but not limited to traffic and noise; 6. Any anticipated impacts of licensed activity on the character of the Town or the neighborhood; 7. Any potential harms resulting from licensed activity; 8. The Application’s compliance with state and local requirements and these Policies; and 9. Any advisory reports received by the Board from the Police Department, the Fire Department, the Director of Land Use Planning and Permitting, the Director of Municipal Inspections, the Board of Health or the Treasurer/Collector. Formatted: List Paragraph, Space Before: 0 pt, After: 0 pt, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: Formatted: Font: Bold, Underline Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Space Before: 0 pt, After: 0 pt 3 - 5 Select Board Policies 3.2.1.2. Conditions The Board of SelectmenSelect Board may place reasonable conditions on any license issued pursuant to these Policies, Chapter 138 of the General Laws, or any Special Act of the Legislature related to the sale and distribution of alcoholic beverages, to provide for public safety, health, welfare, and the promotion of the public order. The Board of Selectmen may change or add to any license conditions or any regulations after notice to the licensee. 3.2.1.3 – Access and Inspection Licensed premises shall be available at all times for inspection by the Board of Select Boardmen, Building Inspector, Police Chief, Fire Chief, Health Director or any of their designees. When feasible, the Town Manager, or his or her designee, shall inspect each licensed premises at least once per year. 3.2.1.4 – Common Victuallers and Entertainment. The Board of SelectmenSelect Board strongly encourages Applicants to submit their application for a Common Victualler or Entertainment License with their Liquor License Application. Submission of a Liquor License Application does not relieve the Applicant from applying for a Common Victualler or Entertainment License, if needed. 3.2.1.5 – Liquor License Fees 3.2.1.5.1 – Application and Filing Fee. In addition to any fee required by the ABCC, the following fees shall be paid at the time of filing of any license Application. The Application Fee is not refundable if the Application is denied. Application Type Fee New Liquor License (except Farmer’s Market License) $____ New Section 14 License $____ Transfer of Liquor License $____ Alternation of Licensed Premises $____ Amending License Classification $____ Change of Manager or Assistant Manager $____ Pledge of Collateral $____ Change in Beneficial Interest $____ Change of Business Entity Information $____ Change in Hours $____ Renewal Filing $____ 3.2.1.5.2 – Issuance/Renewal Fee In addition to any fee required by the ABCC and Section 3.2.1.5.1, all licensees identified below shall pay an Issuance Fee. This fee shall be paid prior to the issuance of the license and, if Formatted: Keep with next Formatted: Left Formatted: Font: Not Bold, Underline Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right Formatted: Right 3 - 6 Select Board Policies applicable, for each year thereafter, prior to the issuance of the renewed license. Fees under this section shall not be proratedIn addition to any fee required by the ABCC, the following fees shall be paid at the time of filing an Application: Category Fee Section 12 Restaurant – All Alcoholic Beverages $3700 Section 12 Restaurant - Wine and Malt Beverages Only $2700 Section 12 Club – All Alcoholic Beverages $1300 Section 12 Club – Wine and Malt Beverages Only $900 Section 12 War Veterans’ Club – All Alcoholic $____ Section 12 War Veterans’ Club – Wine and Malt Only $____ Section 12 General On-Premises – All Alcoholic Beverages $3700 Section 12 General On-Premises – Wine and Malt Beverages Only $2700 Section 12 General On-Premises, Instructional Classes – All Alcoholic Beverages $700 Section 12 General On-Premises, Instructional Classes – Wine and Malt Beverages Only $500 Section 12 CCRC License – All Alcoholic Beverages $500 Section 12 CCRC License – Wine and Malt Beverages Only $250 Section 15 License – All Alcoholic Beverages $2500 Section 14 Special Temporary License $50 Section 15F Farmer’s Market License $50 Section 19B, 19C, 19E Farmer Series Pouring Permit $2700 Other License s $50 The Board of Selectmen reserves the right to adjust these fees from year to year. Applicants shall confer with the Town Manager’s Office to ensure that the appropriate fee is submitted with the Application. Fees will not be prorated. The Board of SelectmenSelect Board reserves the right to adjust these fees from year to year. Applicants shall confer with the Town Manager’s Office to ensure that the appropriate fee is submitted. 3.2.2 – General Requirements for Section 12 and Section 15 Licenses, and Farmer Series Pouring Permits 3.2.2.1 – Applications 3.2.2.1.1 – Applications for New and Transfer of License. In addition to the ABCC Application package, Applicants shall provide proof of insurance, written policies as provided in Section 3.2.2.3 of these Policies, the local fee, and any additional information the Board of SelectmenSelect Board shall request. 3.2.2.1.2 – Application for Renewed License. In addition to the ABCC Renewal Application Form, Applicants shall provide proof of insurance (if applicable), certification of completed alcohol awareness training, and any additional information the Board of SelectmenSelect Board shall request. Formatted: Highlight 3 - 7 Select Board Policies 3.2.2.1.3 – Plan Required When a floor plan is required, the Applicant shall submit a plan drawn to scale showing: 1. Dimensioned floor area; 2. Occupancy of each room; 3. Proposed location of bars or service area; 4. Seats or bench areas, secured and/or moveable; 5. Entrances and exits; and 6. All rooms not being included in the scope of the licensed area. No alterations to the premises shall be permitted without approval in advance from the Board of SelectmenSelect Board. 3.2.2.1.4 – Outdoor Service No license shall be issued for the sale of alcoholic beverages in a patio or outdoor area unless the following conditions are met: 1. The exterior premises are enclosed by a physical barrier, which may be a fence or rope, that defines the licensed area and prevents access from a public walkway; 2. An on-duty employee of the licensed premises is designated as the person responsible for control of the area; 3. The exterior area is adjacent to interior licensed premises and visible from within the interior licensed premises; 4. The licensee posts in the licensed outside area that alcoholic beverages are not permitted outside of the licensed outside area; 5. Provisions are made and maintained for the passing of the public through any contiguous public area; and 6. The licensee complies with the ABCC’s Guidelines for Extension of Premises to Patio and Outdoor Area; provided, however, that to the extent Section 3.2.2.1.4 imposes stricter requirements on the licensee than the ABCC’s Guidelines, Section 3.2.2.1.4 shall prevail. 3.2.2.1.5 – New Manager or Licensed Manager Upon receipt of an application for an original license, or in the case of a new Manager or Assistant Manager, upon being advised of the new Manager or Assistant Manager’s identity, the Police Department will conduct a background check of any proposed licensee, Manager or Assistant Manager, and such check will include a review of any existing criminal record. The Board may reject any application where the licensee’s, Manager’s or Assistant Manager’s criminal record or reputation indicates theft, unlawful drug use or distribution, alcohol-related offenses, association with known felons or individuals involved in organized crime, a propensity for violence, or other behavior, that, in the opinion of the Board, might put the public at risk. 3.2.2.2 – Duty to Perform and Abandonment Within 120 days of the issuance of such license, the Licensee shall be fully operational, unless otherwise approved by the Board of SelectmenSelect Board. Failure to operate under the license for 60 consecutive business days shall be deemed to be abandonment of the license and sufficient grounds for cancellation or revocation, unless prior approval is granted by the Board of Formatted: Indent: First line: 0" 3 - 8 Select Board Policies Selectmen. The Board of Selectmen may waive this abandonment provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.2.3 – Establishment of Written Policies Licensees shall establish written policies regarding the sale or service of alcoholic beverages based upon the requirements of the regulations of the Alcoholic Beverages Control Commission, Section 3.2.1 of these Policies, and any other conditions placed on the license. Such written policies shall be provided to the Board of SelectmenSelect Board upon request. 3.2.2.4 – Alcohol Policy for Staff While Serving Employees of the licensed establishment shall not consume any alcoholic beverages while on duty or after the official closing hour of the licensed establishment. 3.2.2.5 – Alcohol Management andor Server Training Prior to a Manager’s appointment, he or she shall successfully complete an approved program designed to train such individuals to avoid selling or serving to intoxicated persons and minors. All AllAssistant Managers and managers, assistant managers, bouncers, bartenders and employeesemployees serving or selling alcohol or viewing identifications cards, including, but not limited to bouncers, permitted to sell or serve alcoholic beverages are required to successfully complete an approved program designed to train employees to avoid selling or serving to intoxicated persons and minorsshall complete such training prior to serving or selling alcohol or viewing identification cards. For purposes of this section, an employee shall include provisional, temporary, part-time, and full-time employees. Assistant Managers and employees that have yet to complete the required course may shadow employees that have completed the requisite program, provided, however, that they do not serve or sell alcohol or check identification cards without direct supervision and that they complete the course within seven (7) days of hiring. Such training shall be completed prior to a manager’s appointment or within 30 days of hiring of a new assistant manager, bouncer, bartender or employee. The following programs shall meet the requirements of these Policies: 1. Training for Intervention Procedures by Servers of Alcohol (TIPS) offered by Health Communications, Inc.; 2. Techniques of Alcohol Management (T.A.M.) approved by the Massachusetts Package Store Association (for off-premises sale license only); and 3. Any insurance industry approved and qualified program offered by a certified trainer and approved by the Board of SelectmenSelect Board. All persons required to successfully complete an alcohol management or server training course must be successfully retrained prior to the end of the certification period. There The Licensee shall certify annually to Board of Selectmen at the time of renewal of the license that it satisfies this requirement.shall be an un-expired certificate of program completion for each person subject to this Section on file with the Select Board at all times; provided, however, that for new employees, the Certificate may be filed within nine (9) days of hiring. Certificates shall be kept on file and available for inspection upon request. Commented [IF1]: Some communities prohibit on-line courses. If the Board wants to prohibit on-line courses, I would suggest additional time. I was able to find one company that offers the class in Boston on Tuesday and Saturdays. I know that Police Departments (I think Framingham) may also offer the course. Formatted: Indent: First line: 0.5" Commented [IF2]: Let’s discuss whether a certificate monthly is legally defensible. The next sentence is what really matters in terms of enforcement. Formatted: Indent: First line: 0" 3 - 9 Select Board Policies By the seventh of every month, the Manager shall certify to the Select Board that all persons required to complete the above note trainings are in compliance with this Section. The certification shall include a list of all Assistant Managers and employees subject to this section. 3.2.2.6 – Liquor Liability Insurance Requirement Section 12 Licensees shall have liquor liability insurance coverage in the amounts of $250,000 on account of death or injury to one person, and $500,000 on account of any one accident resulting in injury to or death of more than one person. Licensees shall file a certificate of insurance with the Board of SelectmenSelect Board. Licensees shall provide the Board of Selectmen with a copy of the Certificate of Insurance upon the issuance or renewal of a license. Licensees shall notify the Board no later than ten (10) days prior to the cancellation or material change of said coverage. The Board may, pursuant to M.G.L. c.138, §§64A, 64B, 67 increase the minimum amount of required insurance coverage. 3.2.2.7 – Duty to Keep Order No Licensee shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. There shall be no disorder, indecency, prostitution, lewdness or illegal gambling on the licensed premises. 3.2.2.8 – Manager/Assistant Manager The Select Board deems the Manager of licensed premises to be the principal representative of the licensee with respect to all operations of the licensed business. The Manager shall have full authority and control over the licensed premises and shall be responsible for the conduct of all business therein relative to alcoholic beverages as provided in M.G.L. c.138, §26 and these Policies. In addition, at least one Assistant Manager shall be designated on all licenses by the licensee, unless the Board finds that the Assistant Manager position is unnecessary due to the size of the licensed establishment. Should either the Manager or Assistant Manager positions become vacant during the course of the year, the licensee must file an application for Change of Manager/Assistant Manager with the Board, and in the event of an unexpected change in Manager status, notify the Select Board as soon as practicable but no less than 1 business day after such change while the licensee awaits Board approval. Without limiting the scope of the previous provisions of this subsection, the Board will hold the Manager responsible for the following: 1. Careful selection of qualified employees of the licensed business, including servers, clerks and persons who are engaged with the public in any capacity. 2. Training of employees in all matters relating to the sale or service of alcoholic beverages. 3. Ensuring that no criminal activity, including the sale and distribution of narcotic drugs, takes place on the licensed premises, including within any parking area on the licensed premises. Formatted: Font color: Black Formatted: Font: Not Bold, No underline Formatted: Indent: First line: 0" Commented [IF3]: This would be a significant change requiring approval of the assitant manager and an application to change the assistant manager. Is this something the Board wants to do? Formatted: Font: 12 pt Formatted: Indent: First line: 0" Formatted: Font: (Default) Times New Roman, 12 pt 3 - 10 Select Board Policies 4. Reporting any criminal activity that occurs on the licensed premises to the Police Department immediately. 5. Immediately reporting to the Police Department all instances of attempted purchase or procurement of service of alcoholic beverages by minors, including attempts to gain access to premises upon which alcoholic beverages are served and from which minors are excluded, and the nature of the appropriate action taken by the licensee in response thereto. Such appropriate action shall include (1) Reporting to the Registry of Motor Vehicles instances involving possession or use of a false, forged or counterfeit license to operate motor vehicles or identification card issued by the Registry of Motor Vehicles; (2) confirmation of the name and address of any minor presenting a liquor identification card or motor vehicle operator’s license; and (3) if a purchase was made or service was procured, the name of the licensee’s employee participating therein. 6. Enforcement of all laws, regulations and rules relating to the operation of the licensed business, including these Policies. 7. Ensuring that the licensed premises, including the exterior, are maintained in a safe, clean, neat and sanitary condition at all times. The 3 - 11 Select Board Policies is expected to be a full-time employee of the licensee and shall be on premises consistent with the permitted hours of operation and not less than 50% of the hours of operation of the licensed business. At all other times, an Assistant Manager shall be on the premises, unless the Board has found the position unnecessary for the establishment in question. The Manager will continue to be responsible for the operation of the business whether or not he or she is on the premises. Failure of the Manager to comply with these Policies or to otherwise properly discharge the duties of Manager may result in removal of the Manager or suspension or revocation of the license by the Select Board, as it may deem appropriate under the circumstances. 3.2.2.98 – Proof of Age The Licensee shall refuse to serve any patron under the age of twenty-one (21). When in doubt of age, the Licensee shall require proof of identification. The failure to request a valid form of identification from a customer or patron shall be deemed an aggravating factor by the Board in the determination of penalties for breach of any statute, regulation, rule or license term/condition relating to the sale or service of alcoholic beverages. 3.2.2.109 – Minimum Age of Employee or Server No employee of any licensed establishment who is serving, clearing or otherwise handling alcoholic beverages shall be under the age of 18. 3.2.2.110 – Prohibition of Bringing Alcoholic Beverages onto the Premises There shall be no alcoholic beverages brought onto the premises of a licensed establishment, except for deliveries for the operation of the business as permitted by M.G.L. c.138. 3.2.2.121 – Deliveries Deliveries to licensed establishments shall be made only during business hours and shall be made in a manner so as not to disrupt neighbors or interfere with traffic or parking. 3.2.2.132 - List of Alternative Transportation Licensees shall maintain a written list of the telephone numbers of local taxicab companies next to the public telephone. If there is no public telephone, the list should be available for patrons when requested. 3.2.1.143 – Hours of Operation No licensee shall be permitted to sell alcohol outside the hours established herein: Category Hours of Permitted Sale Section 12, Restaurant License Monday through Saturday: 11:00 a.m. –12:00 a.m. Sunday: 12:00 p.m. – 12:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Formatted: Indent: First line: 0" Formatted: Keep with next Formatted: Keep with next 3 - 12 Select Board Policies Section 12, Club License Monday through Saturday: 8:00 a.m. – 2:00 a.m. Sunday: 12:00 p.m. – 1:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Section 12, War Veterans’ Club LicenseSection 12, General-On Premises License, including General On-Premises, Instructional Classes License Monday through Saturday: 8:00 a.m. – 2:00 a.m. Sunday: 12:00 p.m. – 1:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Monday through Saturday: 11:00 a.m. – 11:00 p.m. Sunday: 12:00 p.m. – 11:00 p.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Section 12, General-On Premises License, including General On- Premises, Instructional Classes License Monday through Saturday: 11:00 a.m. – 11:00 p.m. Sunday: 12:00 p.m. – 11:00 p.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Section 12, CCRC License Monday through Saturday: 11:00 a.m. –12:00 a.m. Sunday: 12:00 p.m. – 12:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. Section 19B, 19C and 19E Farmer Series Pouring Permits Monday through Saturday: 11:00 a.m. –12:00 a.m. Sunday: 12:00 p.m. – 12:00 a.m. Exceptions: No sale shall occur on Christmas day or the last Monday in May prior to 12:00 p.m. 3 - 13 Select Board Policies Section 15 License Monday through Saturday: 8:00 a.m. – 11:00 p.m., or 11:30 p.m. on days preceding legal holidays. Sunday: 10:00 am – 11:00 p.m., or 11:30 p.m. on days preceding legal holidays. Exceptions: No sales may be made: (1) On Christmas day, (2) On Thanksgiving Day, and (3) On the last Monday in May prior to 12:00 p.m. 3.2.3 – Additional Requirements for Section 12 Restaurant, Club, War Veterans’ Club, General On-Premises, General On-Premises Instructional Classes, and CCRC Licenses, and Farmer Series Pouring Permits 3.2.3.1 – Toilet Facilities Required No premises shall be licensed unless toilet facilities meeting all requirements of the current edition of the State Building Code and State Sanitary Code are available to the customers of the license premises. 3.2.3.2 - Orderly Closing Licensees shall ensure that patrons leave the licensed premises in an orderly manner and do not linger outside the licensed premises for more than 60 minutes after closing. All tables and service locations shall be cleared of alcoholic beverages within 30 minutes after the closing hour. 3.2.3.3 – Prohibition of taking Alcoholic Beverages from the Premises - Exceptions There shall be no alcoholic beverages taken from the premises of an establishment licensed under M.G.L. c.138, §12, except for deliveries for the operation of the business as controlled by M.G.L. c.138, and with the exception of partially consumed bottles of wine that are purchased with a meal and resealed in accordance with 204 CMR 2.18. 3.2.3.4 – Food Service Restaurant Licensees shall provide a food service at all times when alcohol is served. No alcoholic beverages may be sold or served in a licensed premise before food service is available, nor after the food service has been suspended. This provision shall not apply to Club Licenses, General On-Premises Licensesany other type of Pouring License, and Farmer Series Pouring Permits. 3.2.3.5 - Service Bar Licensees shall not serve alcoholic beverages directly to the public from a service bar. No stools or chairs are to be placed at a service bar. 3 - 14 Select Board Policies 3.2.3.6 – Instructional Classes with Alcohol For General On-Premises Instructional Classes Licensees, alcohol service shall be restricted to classes that are not more than three hours in duration. Only class members shall be allowed to purchase alcohol. 3.2.4 – Violations 3.2.4.1 – Suspension, Revocation, Cancellation or Modification of License All licenses are subject to suspension, revocation, cancellation or modification for breach of any conditions, regulations, laws, bylaws, or policies of the Commonwealth of Massachusetts, the Town or the Board of SelectmenSelect Board. 3.2.4.2 – Enforcement Licensees violating applicable laws of the Commonwealth, rules or regulations of the ABCC, the Town of Reading Liquor Policies, or the terms of its license, shall be subject to the following: Offense Suggested Order 1st Offense One to five day suspension 2nd Offense Six days to ten day suspension 3rd Offense Ten days to 30 day suspension 4th Offense Show cause hearing for license revocation The suggested orders listed above shall be a guide for the Board of SelectmenSelect Board. The Board, in its discretion, may impose an order that is more lenient or more severe than suggested by the guidelines when the facts surrounding a violation so warrant. The suggested order shall not be construed as to limit the Board of Selectmen’sSelect Board’s ability to consider alternative dispositions, further conditions on a license, or alternative sanctions (e.g., rolling back service hours). 3.2.4.3 – Posting of Notice Whenever the Board of SelectmenSelect Board warns a licensee or suspends the license, the Board shall provide the licensee with a sign stating the reason for the warning or suspension and the length of the warning period or suspension. During the entire period of such warning or suspension, this sign shall be attached by the licensee on the inside of a window in a conspicuous location, designated by the Board, so that it is visible from the outside of the premises. 3.2.4.5 – Compliance Check Operations The Police Chief, or his designee, is authorized to conduct compliance checks in accordance with the ABCC’s compliance check guidelines. 3 - 15 Select Board Policies 3.2.5 – Requirements for Section 14 Special Temporary Licenses 3.2.5.1 – Type of License The Board of SelectmenSelect Board may issue the following types of Special Temporary License: (1) Commercial Enterprise Special Temporary License for the sale of Wine and Malt Beverages only; or (2) Non-Profit Enterprise Special Temporary License for the sale of All Alcoholic Beverages or Wine and Malt Beverages only, or any of them. 3.2.5.2 – Standard of Review In addition to the considerations listed in Section 3.2.1.1, the Board of SelectmenSelect Board may consider whether the Applicant has complied with M.G.L. c.138, and these Policies in the past in issuing a license under this section. 3.2.5.3 – Application 3.2.5.3.1 – Form Application shall be made on a form, available in the Town Manager and Board of SelectmenSelect Board’s office, and shall include the following: 1. Town of Reading’s General Application Form; 2. Written approval from the owner of the property where the event is being held; 3. Floor plan, as provided in Section 3.2.2.1.3; 4. Outdoor seating plan, if applicable, as provided in Section 3.2.2.1.4; and 5. Local fee (This fee may be waived if the applicant is a non-profit entity). 3.2.5.3.2 – Filing Deadline Applications for a Special Temporary License shall be submitted at least 14 days prior to the event. 3.2.5.4 – Duration Any Section 14 license shall identify the date on which the licensee is permitted to distribute the alcohol (the event date). However, the license shall be for a three-day period surrounding the event in order to allow delivery and dispose of all alcohol purchased for the event, unless the Licensee can demonstrate the any such additional days are is not necessary for acquisition or disposal of alcoholic beverages. 3.2.5.5 – Acquisition of Alcohol License holders shall purchase all alcoholic beverages from a licensed Massachusetts wholesaler. Alcohol may not be purchased out of state, from a caterer, or from a Section 15 package store. The Board of SelectmenSelect Board shall provide to Licensees a list of licensed Massachusetts wholesalers, or the method by which a licensee may obtain such a list, upon request. Alcohol must be purchased or donated in accordance with M.G.L. c.138, §14 and the Alcoholic Beverage Control Commission’s regulations. 3.2.5.6 – Alcohol Training All bartenders or serversindividuals serving or selling alcoholic beverages or viewing identification cards shall be trained in accordance with Section 3.2.2.5 above. A certificate of Formatted: Keep with next 3 - 16 Select Board Policies completion shall be provided to the Board of SelectmenSelect Board at least 10 days prior to the event. There shall be no self-service of any alcoholic beverage. 3.2.5.7 – Insurance Applicants for special licenses shall provide proof of insurance in commercially reasonable amounts to the Board of SelectmenSelect Board with the Application. 3.2.5.8 – Limitations No Special Temporary License shall permit sales on more than 30 days; nor may any person be granted Special Temporary Licenses permitting, in the aggregate, sales on more than 30 days in any calendar year, except as authorized by 204 CMR 7.04. 3.2.5.9 – Exceptions In the case of events held outside a private residence, the Board of SelectmenSelect Board shall not require a special license where: (1) the event is held at the offices or business address of the event host; (2) the event is by invitation only, (2) money is not exchanged for alcohol, (3) tickets are not sold, (4) a donation is not required or solicited, and (5) an entrance fee is not charged. 3.2.5.10 – Violations The Board of SelectmenSelect Board may refuse to issue a Special Temporary License if, in its opinion, an Applicant fails to establish compliance with the requirements of M.G.L. c.138, or any state or local regulation, or any reasonable requirements of the Board. Whenever any a Special Temporary License holder fails to maintain compliance with such requirements, the Board may, after an opportunity for hearing, modify, suspend, cancel or revoke such license. 3.2.6 – Farmer’s Market Licenses 3.2.6.1 – Authority In addition to the considerations listed in Section 3.2.1.1, the Board may consider whether the Applicant has complied with M.G.L. c.138, and these Policies in the past in issuing a license under this section. 3.2.6.2 – Application 3.2.6.2.1 – Form In addition to the ABCC Application package, Applicants shall provide the following: 1. Town of Reading General License Application Form; 2. Floor Plan, depicting: a. Layout of agricultural sales; b. Proposed location of service area; c. Entrances and exits; and d. Plan for the control of litter. 3. Certification from the Department of Agriculture that the event is an Agricultural Event as defined in M.G.L. c.138, §15F; and 4. Local fee. 3 - 17 Select Board Policies 3.2.6.2.2 – Filing Deadline The Application shall be submitted at least 30 days prior to the event. 3.2.6.3 – Licensed Premises A license granted under this section may be granted for a portion of premises that are licensed under Section M.G.L. c.138, §12, if: 1. The Farmer’s Market licensee documents the legal basis for use of the Section 12 licensed premises; 2. The area in which a Farmer’s Market License is approved shall be physically delineated from the area remaining under the control of the Section 12 license holder; 3. The holder of the Farmer’s Market License shall be solely liable for all activities that arise out of the Farmer’s Market License; and 4. The Farmer’s Market License holder shall not pay any consideration, directly or indirectly, to the Section 12 license holder for the access to or use of the Section 12 licensee's premises. 3.2.6.4 – Alcohol Training Servers shall be trained in accordance with Section 3.2.2.5 above. A certificate of completion shall be provided to the Board at least seven days prior to the event. 3.2.6.5 – Conditions of Service All servers shall be at least 21 years of age. No sample shall exceed 1 ounce of wine and no more than five samples shall be served to an individual. All samples shall be consumed in the presence of such server. 3.2.6.6 – Duration The Board of SelectmenSelect Board may grant a Farmer’s Market License for an indoor or outdoor event that takes place on multiple dates or times during a single calendar year. 3.2.6.7 – Hours In its discretion, the Board of SelectmenSelect Board may limit the hours of permitted sales. 3.2.6.8 – Signage The Farmer’s Market License shall be displayed conspicuously by the licensee at the licensed premises. 3.2.6.9 – Transfers A Farmer’s Market License shall be nontransferable to any other person, corporation, or organization and shall be clearly marked nontransferable on its face. 3.2.6.10 – Violation Whenever any Farmer’s Market License holder fails to maintain compliance with the requirements of M.G.L. c.138, or any state or local regulation, or any reasonable requirements of 3 - 18 Select Board Policies the Board, the Board may, after an opportunity for hearing, modify, suspend, cancel or revoke such license. The Board may rely upon the suggested orders in Section 3.2.4.2 when issuing its determination. Revised 3-22-16 Section 3.3 - Issuance of Peddler’s Licenses Chapter 101, Sections 12A through 33 of the Massachusetts General Laws provide for regulations of peddlers. Part of the State law allows the Board of SelectmenSelect Board to establish local rules and regulations for the granting of such licenses. The following rules and regulations are hereby adopted to guide the Board of SelectmenSelect Board in reviewing and ruling upon applications for Peddler’s Licenses: 1. Each application will be dealt with on a case by case basis. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant. 2. Approval will be granted within a commercial or industrial zoning district only. 3. No peddlers will be permitted to operate within the public right of way including a roadway or sidewalk area. 4. Written approval of the property owner and any tenants on the property will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. If the proposed use, in the opinion of the Board of SelectmenSelect Board, will generate traffic other than traffic that is routine to the premises, then designated parking spaces will be required that will not be detrimental to the principle use on the premises. 6. The Board will require evidence that the peddler’s use will have minimal effect on the neighborhood adjacent to the site. 7. The peddler’s use will not take away existing parking spaces from those required on the site. 8. The peddler’s use may have no negative impact on retail or commercial activities within the Town of Reading. 9. Peddler’s uses will be permitted only where there is another principal use on the site and the peddler’s use is related to the principal use of the property. No peddler’s uses will be permitted on vacant or unused land. 10. The applicant must show that adequate controls are in place and insure public safety and cleanliness, and a condition of approval of any peddler’s license will be that all of the required licenses will be received. 11. Prior to the issuance of a Peddler’s License, the Board may require a review by the Health Division and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. Adopted 10-18-88, Revised 12-13-94, Revised 5-25-04 Section 3.4 - Issuance of Class I, II and III Motor Vehicle Licenses 3 - 19 Select Board Policies Chapter 140, Sections 57-69 of the Massachusetts General Laws provide for the regulation of Class I, II and III licenses for the sale of motor vehicles. The Board of SelectmenSelect Board as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of SelectmenSelect Board in reviewing and ruling upon applications for Class I, II and III Motor Vehicle Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Class I, II and III Motor Vehicle Licenses will be issued only within a commercial or industrial zoning district within the Town. 3. Pursuant to State law (Chapter 140, Section 59), the applicant must show that the business to be licensed is the principal business of the licensee. 4. The applicant shall provide to the Board of SelectmenSelect Board a lease or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 5. The applicant will provide, pursuant to Chapter 140, Section 58, proof that the applicant maintains or has access to a repair facility sufficient to enable him to satisfy the warranty repair obligations imposed by State statute. 6. For Class I and II Licenses, all the requirements of Chapter 90, Section 7N ¼ and Section 7N 1/2 must be complied with. 7. The applicant must show through plans or other means that there is adequate space on the premises for the vehicles to be sold and for customers and employees to park. 8. The licensed activity must not create an adverse traffic impact and access to the site must be adequate. 9. The licensee must conform with the Zoning By-Laws including the sign portions of the Zoning By-Laws. 10 The Board may require information to assure itself that the facility does not and will not cause any environmental problems relative to spills or other release of harmful substances to the environment or to neighboring properties. 11. The applicant shall provide proof of a bond as required by State Statute. 12. Prior to the issuance of a Class I, II or III Motor Vehicle License, the Board may require a review by the Building/Zoning Inspection Division, and proof that all necessary approvals, permits and other licenses needed to operate have been issued. The Board will require a review by the Chief of Police to assist them in determining that the applicant is a proper person to engage in the business to be licensed. The following will be standard conditions for Class I, II or III Motor Vehicle Licenses unless the Board of SelectmenSelect Board shall modify any of these conditions, and the Board may make any additional conditions on the license as it deems fit:  The maximum number of vehicles offered to be sold at any one time shall be established.  The location of vehicle(s) to be sold will be specifically stated.  The location of the repair facility will be specifically stated. 3 - 20 Select Board Policies  There will be no pennants, banners, windshield signs or other information other than the principal sign unless required by law. The Board may require pricing and other consumer information to be attached to the vehicle in a manner so as not to detract from the general appearance of the site. Adopted 12-13-94, Revised 5-25-04 Section 3.5 - Issuance of Taxi and Vehicle for Hire Licenses This Section shall be known as the "Town of Reading Rules and Orders for the Regulation of Carriages and Vehicles Used in the Town of Reading, promulgated pursuant to G.L.C. 40, Sec. 22". 3.5.1 - Applicability of Rules and Orders Vehicles for hire including taxicabs and liveries (hereinafter referred to as "vehicles") operating or caused to be operated by non-governmental entities for the transportation of persons from place to place within the Town, or from a point in the Town to another location outside the Town, other than over regular routes or between fixed termini, shall be subject to these rules and orders to the extent provided below. 3.5.1.2 - Definition of Livery Livery shall mean a private vehicle licensed as such, including but not limited to, limousines which are used for pre-arranged trips for particular occasions such as weddings, funerals, celebrations or school transportation. 3.5.2 - License 3.5.2.1 - License Required No vehicle shall be driven, operated or caused to be operated as a vehicle for hire without a license first having been obtained for that vehicle from the Board of SelectmenSelect Board. Each vehicle shall require a separate license. 3.5.2.2 - Application Applications for a license shall be made in writing to the Board of SelectmenSelect Board and shall provide the following information: 1. The name and address of the applicant, if an individual; or if a corporation, the name, date of incorporation, address of its principal place of business and the name and address of its officers; or if a partnership, association or unincorporated company, the names and addresses of the partners or associates and the address of its principal place of business. 2. The intended place of business within the Town of Reading. 3. The name of the Mmanager or principal representative, as well as any Assistant Manager(s). . 4. Proposed hours of operation, description of proposed vehicle including the make, model, Vehicle Identification Number and age of the vehicle. 3.5.2.3 - Review by Chief of Police No license shall be granted by the Board of SelectmenSelect Board until the application has been reviewed by the Chief of Police. Ten (10) working days to be allowed for such review. 3 - 21 Select Board Policies As a condition of issuance and retention of the license, the owner and all employees of the licenses shall make available to the Police Chief or his designees, the manifest used by the taxi company. "Manifest" means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. 3.5.2.4 - Grant or Denial The Board of SelectmenSelect Board may upon receipt of an application, issue a license under such terms and conditions as they deem appropriate and in the public interest. The Board, in determining whether to issue a license, may consider the public demand or the proposed service, the effect of the proposed service upon relevant traffic and safety conditions, the character and financial responsibility of the applicant the condition of the proposed vehicle(s), and any and all other relevant facts or circumstances. 3.5.2.5 - Term and Fee Any license issued hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. Any licensee who permanently ceases to operate the vehicle for which a license was issued shall forthwith surrender the license to the Board of SelectmenSelect Board. The fee for each license issued shall be fifty dollars ($50.00) per license. This fee shall not be prorated. 3.5.2.6 - Notification as to Vehicle If issued a license, the licensee shall, prior to the operation of the vehicle as a vehicle for hire, provide the following information, in writing, to the Board of SelectmenSelect Board: 1. The make, model, Vehicle Identification Number and age of the vehicle. 2. A copy of the vehicle's certificate of registration with the Registrar of Motor Vehicles. 3. A copy of the certificate of insurance coverage page for the vehicle. 3.5.2.7 - Insurance A vehicle issued a license hereunder shall be insured. Coverage for "Bodily Injury to Others" shall be no less than $100,000 per person/$300,000 per accident. 3.5.2.8 - Liability The licensee is at all times responsible for his vehicle and shall be liable for all penalties and/or damage resulting from his operation of the vehicle or the operation of the vehicle by an employee or agent. 3.5.2.9 - Suspension or Revocation The Board of SelectmenSelect Board may suspend or revoke a license issued under the provisions of this article for good cause. Before suspension or revocation of a license, the licensee shall be entitled to a hearing thereon before the Board of SelectmenSelect Board. Written notice of the hearing shall be forwarded to the licensee at least seven (7) calendar days prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a license without a hearing for a period of no greater then ten (10) days or until a hearing is held, whichever is sooner, if there is sufficient evidence to indicate that the public safety would be endangered by continued operation of the vehicle. 3 - 22 Select Board Policies 3.5.2.10 - Assignment or Transfer Prohibited No license shall be assigned or transferred. 3.5.3 - Permit 3.5.3.1 - Required No person shall operate a vehicle, and no licensee shall employ or allow a person to operate a vehicle, unless the operator first obtains a permit from the Board of SelectmenSelect Board. 3.5.3.2 - Minors No permit shall be issued to a person under eighteen (18) years of age. 3.5.3.3 - Application Applications for a permit shall be made, in writing, to the Board of SelectmenSelect Board and shall provide the following information: 1. Full name and address. 2. Copy of a valid operator's license issued by the Registrar of Motor Vehicles. 3. All previous experience operating a vehicle for hire. 4. Convictions or pleas of guilty to a criminal offense, except as outlined below. If any, state the offense(s), court(s) in which convicted or guilty plea occurred and when the conviction(s) or plea(s) occurred. The following criminal information is not and shall not be requested, examined or considered by the Board of SelectmenSelect Board:  Arrests, detentions or dispositions in which no conviction or guilty plea resulted;  Convictions which have been reversed or vacated but not pardoned;  Misdemeanor convictions or guilty pleas when the date of conviction or plea was greater than ten (10) years prior to the date of application for the permit;  Traffic violations for which there was a finding of responsibility for a period of two (2) years prior to the date of application for the permit or for such period of time as the Board of SelectmenSelect Board shall request. Failure to give accurate and complete information as required above may be grounds for denial, suspension or revocation of a permit. 3.5.3.4 - Review by Chief of Police No permit shall be issued by the Board of SelectmenSelect Board until the application has been reviewed by the Chief of Police or designee. Ten (10) working days are to be allowed for such review. 3.5.3.5 - Issuance or Denial An applicant shall be granted a permit only if the Board of SelectmenSelect Board determines that granting a permit to the applicant is in the best interest of the public. Criminal convictions or pleas of guilty shall not result in an automatic denial of an application but shall be given significant consideration and weight by the Board of SelectmenSelect Board, taking into account all factors including the nature and gravity of the offense, the time that has passed since the conviction or plea, and the sensitive nature of serving the public as a driver of a vehicle for hire. 3 - 23 Select Board Policies 3.5.3.6 - Term and Fee Any permit granted hereunder shall expire on the last day of December next ensuing, unless sooner revoked or surrendered. A permit holder who ceases to operate vehicles shall forthwith surrender his permit to the Board of SelectmenSelect Board. The fee for a permit shall be fifty dollars ($50.00). This fee shall not be prorated. 3.5.3.7 - Picture Identification Card A picture identification card shall be issued by the Board of SelectmenSelect Board, or its designee, to each permit holder, and shall be displayed prominently in the vehicle when being driven by the permit holder. 3.5.3.8 - Liability A permit holder is at all times responsible for the vehicle he is operating and shall be liable for all penalties and/or damage resulting from his operation of the vehicle. 3.5.3.9 - Suspension or Revocation The Board of SelectmenSelect Board may suspend or revoke a permit granted under the provisions of this article for good cause. Before suspension or revocation of a permit, the permit holder shall be entitled to a hearing thereon before the Board of SelectmenSelect Board. Notice of the hearing shall be in writing and forwarded to the permit holder at least seven (7) calendar day prior to the date of the hearing. Such notification shall state the grounds of complaint and the date, time and place of the hearing. The Town Manager may temporarily suspend a permit until a hearing can be held in accordance with the procedures set out above, if there is sufficient evidence to indicate that the public safety would be endangered by the continued operation by the permit holder. In no event shall a temporary suspension be for a period greater than ten (10) calendar days. 3.5.4 - Operation 3.5.4.1 - Duty to Transport A permit holder shall not unreasonably refuse to transport a passenger. 3.5.4.2 - Sharing a Ride No permit holder shall accept a passenger when the vehicle is occupied or engaged without the consent of the passenger(s) already in the vehicle. No person shall be obliged to pay any extra fare or fee for refusing such consent. Separate fares shall not be charged to members of the same party. A party shall be considered any number of individuals (not exceeding the passenger capacity of the taxi) with the same origin and destination. 3.5.4.3 - Taxi Stands - Parking – Standing The Board of SelectmenSelect Board may assign a taxi stand or stands to one or more taxicabs. The Board of SelectmenSelect Board may also designate specific areas, streets or ways where vehicles may not park of stand. Standing and/or parking on public ways or public property of vehicles not licensed in the Town of Reading is prohibited except while waiting to return a party whose original point of hire was from outside of Reading, when operating in accordance with a 3 - 24 Select Board Policies Massachusetts Department of Public Utilities license, or when being used for personal (non- vehicle for hire) purposes. 3.5.4.4 - Maintenance of Vehicles Every vehicle shall be kept in good condition, suitable for occupancy and mechanically fit for the safety of passengers. The interior and exterior of the vehicle shall be safe, clean and sanitary at all times. 3.5.4.5 - Inspection The Reading Police Department or its designee shall have the right to inspect any vehicle for purposes of these regulations or as public safety requires. 3.5.4.6 - Smoking Smoking in a vehicle is prohibited. 3.5.4.7 - Appearance of Operator Every driver having charge of a licensed vehicle shall be suitably dressed (sleeved shirt), neat and clean in appearance. 3.5.4.8 - Display of License, Picture Identification Card and Rates of Fare Every vehicle when in operation shall display the following cards in a suitable frame so that they are secure and immobile and plainly visible to passengers riding in the rear of the vehicle: 1. License 2. Picture identification card of driver 3. Fares (taxicabs only) 3.5.4.9 - Lettering on Taxicabs Every taxicab operating under the authority of these rules and orders shall have the name or trade name of the licensee and the name "Town of Reading" or "Reading" painted on both sides of the taxicab in letters four inches high and one-half inch wide, painted in two conspicuous places on the taxicab. 3.5.4.10 - Copy of Regulations Every vehicle shall, when in operation, contain a copy of these regulations, which shall be exhibited to any passenger or Police Officer on request. The licensee and permit holder shall be responsible for the implementation of this requirement. 3.5.5 - Fares 3.5.5.1 - Taxicabs The Select Board tmen shall establish the rates of fare for the conveyance of passengers and baggage, and may revise such when they so determine. The rate of fare shall be governed by fare zones and shall be on file at the Office of the Town Clerk. 3.5.5.2 - Separate Fares 3 - 25 Select Board Policies Separate fares shall not be charged to members of the same party. 3.5.5. 3 - Senior Citizen Discount Fares for all persons sixty (60) years of age and older shall be discounted in accordance with a schedule approved by the Board of SelectmenSelect Board. When discounted rates are offered, they must be offered to all senior citizens using a taxicab pursuant to the licensing established in this policy. There shall be displayed a sign informing the passengers of the discount. 3.5.5.4 - No Fares in Excess of Established Rates No taxicab permit holder shall demand or receive as a fare more than the fare established by the Board of SelectmenSelect Board under the authority granted by these regulations. 3.5.5.5 - Livery Rates Charges by liveries shall be subject to mutual agreement between the livery operator and the passenger(s). 3.5.6 - Information Update and Penalties 3.5.6.1 - Information Update When any information provided in an application for a license or permit changes or is updated, the respective licensee or permit holder shall give notice thereof, in writing, to the Board of SelectmenSelect Board. 3.5.6.2 - Penalties The penalty for a violation of any of these rules and orders shall be a fine equal to the fine for a violation of Town Bylaws as set forth in Article 1.8 of the Town Bylaws. Violation of any of the rules and orders herein shall be just cause for suspension or revocation of a license and/or permit. Adopted 7-18-89, Revised 12-13-94, Revised 5-25-04 Section 3.6 – Innholders and Common Victualler’s Licenses Chapter 140, Section 2 of the Massachusetts General Laws provides for the licensing of Innholders and Common Victuallers. The Board of SelectmenSelect Board as Licensing Authority is charged with the responsibility of issuing these licenses, determining that the licensee is a proper person to engage in the business and that there is a suitable place of business. The following rules and regulations are hereby adopted to guide the Board of SelectmenSelect Board in reviewing and ruling upon applications for Innholders and Common Victualler’s Licenses: 1. Each application will be dealt with on a case by case basis. These guidelines are not intended to be a full list of issues to be dealt with by the Board but are guidelines to the applicant. 2. Innholders and Common Victualler’s Licenses will be issued only within a commercial or industrial zoning district within the Town, unless such a business shall exist and has pre- dated zoning, or has been granted a variance to do business in a location that is not in a business or industrial zoning district. 3 - 26 Select Board Policies 3. The applicant shall provide to the Board of SelectmenSelect Board proof of ownership, a lease, or written approval of the property owner (if other than the applicant) for the use of the premises for the license period. 4. The applicant shall provide to the Town a plan of the premises to be licensed, including an accurate count of the number of seats available. If outdoor seating is to be required, this shall also be included on the plans. 5. The applicant must show through plans or other means that there is adequate space on the premises for all aspects of the proposed operation, including employee and customer parking, in accordance with the Zoning By-Laws of the Town of Reading. 6. The licensee must conform with the Zoning By-Laws of the Town of Reading. 7. Prior to the issuance of an Innholders and Common Victualler’s License, the Board may require a review by the Health Division and the Building/Zoning Inspection Division and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. For establishments licensed as Innholders and Common Victualler’s, patrons are not permitted to bring alcoholic beverages onto the premises for their own consumption. Licensees are not permitted to keep alcoholic beverages on the premises except for a small quantity that is used in the preparation of certain specialty-cooked foods. The Board of SelectmenSelect Board as Licensing Authority will at its discretion determine what is reasonable for this purpose, and whether or not it is customary in the preparation of such specialty foods. This policy shall not apply to establishments that hold valid liquor licenses. Adopted 3-12-96, Revised 5-25-04 Section 3.7 – Entertainment Licenses and Licenses for Automatic Amusement Devices, Billiard, Pool or Sippio Tables, or Bowling Alley Chapter 140, Sections 181 and 183A, and Chapter 136, Section 4 of the Massachusetts General Laws provide for the licensing of public amusements and other forms of entertainment. Chapter 140, Sections 177 and 177A of the Massachusetts General Laws provide for the licensing of “billiard, pool or sippio table or a bowling alley for hire, gain or reward” and “Automatic Amusement Devices for hire, gain or reward,” respectively. 1. Application. a. General. All applications or renewal thereof, shall be on the form prescribed by the Board. The Board may require information as it deems appropriate. b. Sunday License. Where required pursuant to M.G.L. c.136, §4, a separate application shall be submitted with the appropriate state fee. Sunday Licenses shall not be issued until the Division of Public Licensure has approved the application. c. Automatic Amusement Device License. The license application shall specify each automatic amusement device proposed for use on the premises. 2. Fees. The license fee is shall be as indicated on the fee schedule, available at the Town Manager’s office. 3. Location. Entertainment Licenses shall be issued only to premises located in a business, industrial or Gateway Smart Growth zoning district, or where the premises is otherwise 3 - 27 Select Board Policies suitable for such a license, unless the use pre-dated zoning, or has been granted a variance to do business in a location that is not in such districts. 4. Duration and Renewal. a. An Entertainment License may be issued for a full calendar year, or for a single event. If an event is separately licensed, a separate application shall be made and a separate fee shall be charged for each event. b. An Automatic Amusement Devices, Billiard, Pool or Sippio Tables, or Bowling Alley License shall be issued for a full calendar year. c. Applications for renewal shall be filed by November 1 of each year. 5. Conditions. The Board may place reasonable conditions on the issuance of a license in order to preserve and protect the public health, safety and order, to guard against the creation of a nuisance, or to insure adequate safety and security for patrons or the affected public. Unless otherwise specified, the following conditions shall apply: a. Live Entertainment. i. The Licensee shall protect employees, patrons, and members of the public, both on and off the premises, from disruptive conduct, criminal activity, and from health, safety and fire hazards; ii. The Licensee shall prevent the unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises; and iii. The Licensee shall prevent an unreasonable level of pedestrian or vehicular traffic in the area of the event, and to prevent the unreasonable level of increased parking in the area of the premises. b. Police Detail. Depending upon the anticipated attendance at an event and the nature of the event, the Board may require a Police or other detail. c. Inspections. All Licensed premises shall be available at all times for inspection by the Board, the Board of Health, the Building Inspector, the Police Chief, or the Fire Chief, or any of their designees. d. Automatic Amusement Device License i. Gambling. Automatic Amusement Devices shall not be used for the purposes of gambling. ii. Sightlines. Automatic Amusement Devices licensed under this policy shall be installed on the premises so as to be in open view at all times while in operation, and shall at all times be available for inspection. 6. Suspension or Revocation. All licenses are subject to suspension, revocation or modification for breach of any license condition, or violation of any law, regulation, bylaws, or policy of the Commonwealth, the Town or the Board or upon a finding that the Licensee has adversely affected the public health, safety or order. 3 - 28 Select Board Policies Revised 5-25-04 Section 3.8 Waiver of Retail Sales before 6 a.m. Section 5.10 of the General Bylaws of the Town of Reading prohibits retail sales prior to 6:00 a.m. It also provides for a process by which the Board of SelectmenSelect Board may consider allowing retail sales between the hours of midnight and 6:00 a.m. when the Board determines that permitting retail sales during those hours is in the interest of public health safety and welfare, or is in the interest of public necessity or public convenience. These regulations are adopted by the Board of SelectmenSelect Board to provide guidance to the Board of SelectmenSelect Board, applicants, and the public regarding how applications for waivers from the restriction on hours of retail sales will be handled. Each application will be dealt with on a case by case basis. An initial application for a waiver or hours of retail sales prior to 6 a.m. shall require a public hearing noticed to all property owners within 300’, and by publication in a local newspaper and/or publication on the Town’s web site. Renewal of a waiver shall be required on an annual basis with each waiver expiring on December 31. The Board of SelectmenSelect Board shall determine on a case by case basis whether a public hearing is required for each renewal. The Board of SelectmenSelect Board may revoke approval upon receipt of complaints that the operation is taking place contrary to the approval granted by the Board. Revocation shall be made only after a public hearing, unless emergency circumstances require an administrative revocation pending hearing. The following guidelines are not intended to be a full list of issues to be dealt with by the Board but are merely guidelines to the applicant: 1. Approval will be granted for businesses within a commercial or industrial zoning district only. 2. In general, approval shall be for the entire business. For example, if a business dispenses gasoline, sells coffee, and has a convenience store, all within the same business, then the approval shall be for all parts of the business. 3. The retail use for which approval of a change in retail hours is permitted will be the principal use on the property. 4. Written approval of the property owner will be required prior to the Board hearing an application for a license. This will need to be renewed annually. 5. The Board may require evidence that the change in permitted hours of retail operation will have minimal effect on the neighborhood adjacent to the site. 6. The applicant must show that adequate controls are in place to ensure public safety and follow food code sanitation protocols. 7. No waiver of the hours of retail sales will be considered for prior to 5 am Monday through Friday. No waivers shall be considered for Saturdays, Sundays, or State Designated legal holidays. 8. The Board may limit the use of outdoor speakers, drive-thru’s, and/or restrict parking in certain areas in order to limit the impact of the waiver on neighboring properties. In order to address these issues, the Board may require a site plan from applicants, drawn to scale, and showing locations of these features and their relation to abutting residential buildings. 9. Prior to the issuance of a waiver on the hours of retail sales, the Board may request a review by the Health Division, Police Department, and the Building/Zoning Inspection Division 3 - 29 Select Board Policies and proof that all necessary approvals, permits, and other licenses needed to operate have been issued. 10. A waiver to allow retail uses prior to 6 a.m. is not a waiver of any other bylaw or regulation of the Town of Reading or other agency having jurisdiction. 11. Parking lot cleaning, and other maintenance operations (excluding emergency work), and deliveries shall not take place between the hours of 9:00 PM and 7:00 am. Rubbish collection and recycling shall not take place between 9:00 PM and 6:30 am. Adopted 6/26/07 Section 3.9 Licenses for Utilizing Public Sidewalks for Outdoor Dining The Board of SelectmenSelect Board desires to encourage restaurants to provide outdoor dining on public sidewalks in the downtown area of Reading in a safe and orderly manner. Upon site plan approval by the Community Planning and Development Commission, outdoor dining on private property may be permitted in addition to or in lieu of outdoor dining on a public sidewalk. This policy addresses only outdoor dining on public sidewalks. The following regulations shall apply for licenses for utilizing public sidewalks for outdoor dining, or “Outdoor Dining Licenses.” 3.9.1 Application 1. Eligibility. a. Only Inn-Holders and Common Victuallers may apply for an Outdoor Dining License. b. Unless otherwise permitted, the licensed outdoor seating area must be abutting the establishment. c. The establishments must be located within a business, industrial or Gateway Smart Growth zoning district, unless the business pre-dated zoning, or has been granted a variance to do business in a location that is not in such districts. 2. Applications. Applications shall be on the form prescribed by the Board, and shall include the following: a. Name, address, email address, and telephone number of the owner of the establishment and the building within which the establishment is located (if different); b. Proof of ownership, or a lease demonstrating authority to use the premises for the license period and written consent of the property owner to submission of the application; c. A copy of the current Permit to Operate a Food Establishment issued by the Board of Health; d. Five (5) copies of a professionally drawn plan depicting the location of all property to be placed on the sidewalk and any related information requested; e. A plan for outdoor lighting if any is proposed; and 3 - 30 Select Board Policies f. If alcoholic beverage service is proposed: i. A copy of the establishment’s liquor license documenting that the public sidewalk is within the premises licensed, or in accordance with Section 3.2 of these Policies, an application to alter the license premises to include the public sidewalk; ii. A detailed alcohol control plan that includes what steps the Mmanager will take to ensure that alcohol remains within the licensed premises, signage, and staff instructions; and iii. Updated server training certificates for all individuals required to be certified pursuant to Section 3. 2 of this Policy. 3.9.2 Revocable at Will The Outdoor Dining License is revocable at will by the Board for any reason whatsoever upon written notice to the Licensee from the Board. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity or otherwise. 3.9.3 License Fee The initial license fee and the renewal license fee is $100, and shall be payable upon application for an Outdoor Dining License or renewal thereof. 3.9.4 Duration of License The Outdoor Dining License is valid for the period between April 1 and November 30 of each year. License renewals must be submitted by November 1 of each year. 3.9.5 License Conditions In addition to those articled below, the Board may impose such additional conditions as it determines to be appropriate. 1. Alcohol. a. There shall be no service of alcoholic beverages unless permitted by the Board and the establishment holds a liquor license that includes the public sidewalk as part of the licensed premises. b. There shall be no bar or service bar located on the public sidewalk. c. All alcohol service shall be limited to customers who are seated at a table and who orders food from the menu. d. The Licensee shall comply with Section 3.2 of this Policy, including the provision regarding outdoor service of alcohol. 2. Board of Health. Outdoor dining areas shall be considered as part of the restaurant and shall comply with Board of Health Regulations. In addition to any other requirements, smoking is prohibited in seasonal outdoor dining areas per Board of Health regulations. 3 - 31 Select Board Policies 3. Barriers. The Board may require outdoor dining areas to be separated from their surroundings by a temporary removable perimeter barrier. No such barriers may damage the public sidewalk. 4. Property on Sidewalk. a. All furniture and other items shall be placed on the sidewalk as depicted in the plans submitted to the Board. b. Perimeter treatments, umbrellas, furniture and trash receptacles shall be supplied by the Licensee and shall be maintained in a safe and sanitary manner. c. All perimeter treatments, umbrellas, furniture and trash receptacles must be removed at the end of the license term. d. The Licensee shall comply with any notice form the Department of Public Works or other public safety personnel that construction, public safety, or whether requires the removal of the Licensee’s property from the sidewalk. 5. Cleaning Requirements. a. The Licensee shall provide and regulatory maintain outdoor trash receptacles during the times that the licensed premises are open for business. All trash receptacles shall be covered and trash removed nightly. b. The Licensee shall keep the portion of the sidewalk subject to an Outdoor Dining License clean and free of dirt, dust, and other debris. The Licensee shall prevent and clean up litter from the licensed establishment in areas abutting the licensed premise created by the licensee’s use of the public sidewalk. 6. Accessibility. In no event shall the placement of outdoor dining furniture, umbrellas, or perimeter barriers create a pedestrian or wheelchair passage along the public sidewalk of less than four feet in width. All establishments must maintain an accessible path of travel at least 36 inches wide from the traveled portion of the public sidewalk to the doorway(s) of the establishment through the outdoor dining area. The dining area must be accessible and meeting the Americans with Disability Act and Massachusetts Architectural Access Board’s regulations (521 CMR 17.00). 7. Outdoor Food Preparation. Outdoor food preparation shall not be allowed unless approved by the Board of Health in accordance with their procedures and regulations. 3.9.6 License Agreement, Insurance, and Claims 1. License Agreement. The owner and operator of the establishment shall sign a License Agreement. 2. Certificate of Insurance. Prior to issuance of the License, the Licensee shall provide proof of insurance to the Town Manager. The insurance policy shall cover the operations of the establishment within the licensed sidewalk area, list the Town as an additional insured, and conform with the following: 3 - 32 Select Board Policies a. Comprehensive General Liability Policy: $1,000,000 each occurrence, $3,000,000 aggregate. b. Worker’s Compensation Coverage (per Massachusetts Law) and Employer’s Liability Coverage. Coverage A at statutory limits and coverage B at limits of $100,000/$500,000/$100,000. c. Umbrella Liability Coverage: Following the form of underlying General liability and Employers’ liability $1,000,000 combined single limit. d. Liquor Liability Policy (if alcohol is sold): Coverage for bodily injury or death for a minimum amount of $250,000 on account of injury to or death of 1 person, and $500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. 3. Hold Harmless/Indemnification. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its officers, employees and agents from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees) that may arise out of or in connection with to Licensee’s use of the public sidewalk covered by the Outdoor Dining License by Licensee and any and all of Licensee’s operations performed under the Outdoor Dining License. Adopted 7-14-09 amended 5/11/10 Section 3.10 – License for Portable A-Frame/Sandwich Board Signs 3.10.1 - Purpose and Intent This policy is developed in order to promote a pedestrian friendly community that supports businesses. The regulation of Portable A-Frame and Sandwich Board Signs (collectively “A- Frame Signs”) is intended to balance the aesthetic, safety, and economic development needs of the community. By regulating this use, sidewalk access will be preserved for pedestrians, particularly those with disabilities; and required ongoing maintenance of sidewalks including snow and ice control can be accomplished. 3.10.2 – Delegation The Board has delegated its authority to issue Licenses for Portable A-Frame/Sandwich Board Signs to the Assistant Town Manager or his or her designee. Denials may be appealed to the Board, whose decision shall be final. 3.10.3 - General 1. Eligibility. a. A-Frame Signs are permitted only in the Business-B zoning district and the Gateway Smart Growth District. b. Licenses may be issued for retail business uses and consumer services, excluding banks, realtors, attorneys, medical practitioners, and other similar business uses for which a portable/sandwich board sign is not usual and customary. 3 - 33 Select Board Policies c. Only one portable A-Frame Sign per business is allowed. 2. Application. Application shall be by the business owner as opposed to the Sign maker or installer, and shall be made on the form prescribed by the Board. Two copies of the completed application and required attachments shall be submitted. The application shall include the following information: a. Business name and address; b. Business owner contact information with email address and telephone number; c. Proof of ownership or a copy of the lease and written authorization for the placement of an A-Frame Sign from the property owner; d. Color drawing of the proposed A-Frame Sign, documenting the materials and colors, and a site/plot plan (to scale) showing the proposed A-Frame Sign location and dimensions of the sidewalk, distance to the business entrance, and relationship to adjacent buildings, roads, driveways, and other street amenities such as trash receptacles, fire hydrants, utility fixtures, etc.; and e. Photographs of the area where the proposed A-Frame Sign is to be located, showing the storefront, building(s), the existing signs, abutting properties and the streetscape surrounding the proposed A-Frame Sign. 3. Renewal. If there are no changes to the parameters of the A-Frame Sign and its placement in a public way, the license holder may apply for a license renewal without resubmitting the attachments to the original application. The Board reserves the right to renew or deny the annual license in its sole discretion. 4. Fee. The annual license fee shall be $50.00 for the first year or part thereof. There shall be no fee for a renewal of the license. 5. Duration. Licenses are valid for one calendar year or remainder thereof. Applications for renewal must be submitted by November 1 of each year. 6. Content. Nothing in this policy is intended to regulate the signage based on content or preclude a business owner from changing the message during the year. 7. Non-Transferable. The license is non-transferable. 8. Revocable at Will. The A-Frame Sign License is revocable at will by the Board for any reason whatsoever upon written notice to the Licensee from the Board. The License Agreement shall stipulate that in the event of such revocation, the Licensee shall have no recourse or claim against the Town for such revocation whether by way of monetary charges, a suit in equity, or otherwise. 3.10.4 - Conditions In addition to any other conditions imposed by the Board, the A-Frame Sign shall conform with the following: 3 - 34 Select Board Policies 1. Size and Weight. a. The maximum height shall be 4 feet; b. The maximum sign area shall be 6 square feet per side, with no more than 2 sides; and c. The A-Frame Sign shall be sufficiently weighted to prevent it from blowing over. 2. Location. a. Shall be located within 15 feet of the business entrance (unless granted a visibility hardship, see Section 3.11.5); b. Shall be placed so as to maintain a minimum of 4 feet (48 inches) of an unobstructed walk-way for safe pedestrian passage and shall not obstruct pedestrian movement; c. Shall be placed and maintained in compliance with all applicable federal, state, and local regulations for handicapped accessibility; d. Shall be located in a manner that does not obstruct site lines or vehicular traffic; e. Shall be located at least 20 feet from the intersection on corner lots; f. Shall be located at least 20 feet from another A-Frame Sign; g. Shall not be located on landscaped islands or other planted areas; h. Shall be freestanding and not attached to any public appurtenance such as a bus shelter, sign post, light fixture, trash barrel, bench or other similar item; and i. Shall not include attachments like balloons, flags, banners, lights, reflectors, or other items. 3. Materials and Condition. a. The sign material shall be weather resistant, shall not be reflective, and shall not include any type of illumination; and b. The A-Frame Sign shall be maintained in good condition. 4. Removal of Signs. a. The Licensee must remove the A-Frame Sign at the end of each business day; b. All A-Frame Signs must be removed at the request of public safety personnel, as well as during all snow emergencies; and c. The Town may remove any sign placed in a public way in violation of this policy at the sign owner’s expense. 5. License Agreement. As a condition of the issuance of an A-Frame Sign License, all Licensees must sign a License Agreement, as provided in Section 3.10.6. 3.10.5 – Visibility Hardship Businesses may apply for a waiver of the placement limitations in this policy by applying for a visibility hardship to receive permission to place an A-Frame Sign on the main public sidewalk due to their location in an alleyway or other area that restricts visibility of the business from major roads. Applicants shall demonstrate this hardship with photos or other supporting documentation. If a hardship approval is granted, signs shall be located on the public sidewalk closest to the business. All of the other requirements for A-Frame Signs shall apply. 3 - 35 Select Board Policies 3.10.6 – License Agreement 4. License Agreement. The owner and operator of the establishment shall sign a License Agreement. 5. Certificate of Insurance. Prior to issuance of the License, the Licensee shall provide proof of insurance to the Town Manager. The insurance policy shall cover the licensed sidewalk area and name the Town as an additional insured. The Town Manager shall establish the amount of insurance necessary, with consultation from the Town’s current insurance provider. 6. Hold Harmless/Indemnification. The Licensee (and their heirs, successors and assigns in interest) shall hold harmless, defend and indemnify the Town of Reading and its officers, employees and agents from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees) that may arise out of or in connection with to Licensee’s use of the public sidewalk covered by the sign license by Licensee and any and all of Licensee’s operations performed under the license. The Licensee also agrees to indemnify the Town of Reading or its agents from damage to signs resulting from plowing or other public works maintenance. Approved 10/5/10 Amended 1-4-11 3.11 KENO Licenses 3.11.1 - Purpose. The purpose of this Policy is to establish the procedures for reviewing Applications for a KENO License in accordance with M.G.L. c.10, §27A, and to ensure that KENO operations do not detract from the quality of life within a specific neighborhood and in the Town as a whole, while at the same time promoting a vibrant local economy. This policy shall not apply to KENO-To-Go. 3.11.2 - Definition. A. Commission shall mean the Massachusetts State Lottery Commission. B. Chair shall mean the Chair of the Reading Board of SelectmenSelect Board. C. The Board shall mean the Reading Board of SelectmenSelect Board. D. KENO shall mean an on-line lottery game in which a player selects from one to twelve numbers from a field of 80 numbers. The lottery randomly selects 20 numbers from the same field of 80 numbers. Depending on the quantity of numbers matched and validation of the ticket, the player may win a prize. KENO, as used herein, shall not include KENO- 3 - 36 Select Board Policies To-Go, where a player views the winning numbers on a device outside the location from which the player purchased the KENO-To-Go ticket. E. KENO License shall mean the approval from the Commission to provide KENO in accordance with M.G.L. c.10, §27A. 3.11.3 - Application. At the same time that an Applicant files a KENO License Application with the Commission, a copy shall be submitted to the Board of SelectmenSelect Board. Copies of the KENO License Applications may be submitted electronically to the Town Manager or in hard copy to 16 Lowell St, Reading, MA 01867. 3.11.4 - Review and Hearing Process. A. Initial review. Upon receipt of notice from the Commission that it has received a KENO License Application, the Chair or his/her designee, shall review the Application and determine whether the Board will hold a hearing to determine whether to object to the issuance of the KENO License. If the Chair or his/her designee determines that the Board will not object to the issuance, no hearing is required and no further action is necessary. If a hearing is warranted, the Board shall proceed as specified in Sections IV.B through D, below. B. Hearing. When required, a hearing shall be held within 20 days of receipt of notice from the Commission that the Application has been filed. Notice of the hearing shall be provided to the Applicant at least 10 days prior to the hearing; provided, however, that this requirement may be waived in writing by the Applicant. During the hearing, the Applicant shall be afforded an opportunity to speak on his/her behalf. C. Finding. i. If the Board (a) objects to the issuance of the KENO License, or (b) has no objection to the issuance of the KENO License if certain conditions beyond those specified in Section V of this Policy are met, it shall so inform the Commission in writing within 21 days of receipt of the notice from the Commission. The Board shall also send a copy of its letter to the Applicant. ii. No further action is required if the Board does not object to the issuance of the license. D. Commission Hearing. If the Commission elects to hold a hearing, a representative of the Board may elect to attend. 3.11.5 - Basic Conditions. 3 - 37 Select Board Policies The Board shall object to the issuance of a license unless each of the following Basic Conditions is satisfied: A. The establishment is located more than 500 feet from a place where children typically congregate, such as a school or park; B. All KENO television displays face inward and are not visible from outside the establishment; and C. The establishment complies with all applicable provisions of the Town’s General and Zoning Bylaws, including all applicable Sign Regulations contained in Section 8.0 of the Zoning Bylaw. These Standard Conditions shall be provided to the Commission in writing upon the adoption of this policy. Nothing in this Policy, however, shall be deemed to prevent the Board from objecting to the issuance of a KENO licenses for an articulable reason not specified herein. Town of Reading Meeting Minutes Page | 1 2016-09-22 LAG Board - Committee - Commission - Council: Select Board Date: 2019-07-09 Time: 7:00 PM Building: Reading Town Hall Location: Select Board Meeting Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Draft Attendees: Members - Present: Anne Landry, Mark Dockser, Vanessa Alvarado, John Halsey, Andrew Friedmann Members - Not Present: Others Present: Town Manager Bob LeLacheur, Executive Assistant Caitlin Saunders, Ivria Fried, Tony D'Arezzo, Bill Brown, Nancy Docktor, Kristyn Kaupas, Jonathan Barnes, Elizabeth Gomez Minutes Respectfully Submitted By: Caitlin Saunders Topics of Discussion: The meeting was called to order at 7 PM. Liaison Reports Ms. Landry noted the Tarrant Lane project is moving forward. HRAC is looking for more members. The Superintendent of Schools is taking a leave of absence. The school space study is moving forward. Mr. Dockser noted he attended the RMLD ribbon cutting for a battery energy storage system. Fellow board member John Halsey was recognized by the Rotary and congratulated him. Town Managers Report Mr. LeLacheur noted the depot painting agenda item tonight will not be happening. Jonathan Barnes is working with the applicant before they come to the board. Reading Coop will be honoring Camille Anthony and the board will get more information on that in the upcoming weeks. He also noted we will try and get more advanced notice out to the town when they will be spraying for mosquitos. Public Comment Bill Brown noted he went to Fall River to see the ground breaking for a new memorial war wall they are building. Nancy Docktor wants the board to keep in mind all these liquor violations when they start discussing allowing gas stations to sell beer. Page | 2 Hearing – Alleged Liquor Violations The hearing notice was read. The alleged violations took place at Baystate Liquors Ms. Alvarado entered the police reports into the record. She then swore in Deputy Chief Clark and Lieutenant Detective Abate that their statements are accurate and true. Lt. Detective Abate then explained the events that occurred with both the vi olations as depicted in the police reports. After the first violation, the underage kids noted Baystate is known for selling to minors and they go there frequently because they never card them. After the first violation, Deputy Chief Clark asked patrol officers to keep an eye on that establishment to see if there seems to be a lot of young kids going in there. During the events Detective Abate noted there two clerks in the store during the second violation and one of them was uncooperative refusing to give his name and other information after trying to hide from them. Ms. Alvarado asked if these are frequent violations and Detective Abate noted not really. There are violations every now and then but he would not say frequently. Ms. Alvarado then swore in Mr. Patel, owner of Baystate Liquors. With Mr. Patel was his Attorney Jim DiGulio out of Wakefield. Mr. DiGuilo noted this is a family run store with 5 employees. The two main employees are tips certified. There have been no allegations at this store un til now. He also noted the girl did not look young. He also mentioned that the young adult in the first violation told officers had a used a fake ID at the store before noting that if he continued to go there after using his fake ID, the clerks stopped IDi ng him after that because they thought they knew him. The store has been spot checked by the ABCC and was never found in violation. The clerk in the store at the time of the violation was only there helping out and Mr. Patel fired him after the incident. Mr. Patel realized the seriousness of this but there was no intention to sell to a minor. He has since purchased a machine to read ID’s to try and catch fake ones. He also noted they have a new working policy to ID anyone that looks under 35. Mr. Patel spoke noting he really cares about this community and our future. He is willing to spend more time and effort in more training and hopes the new machine will stop any further fake IDs. Mr. Dockser asked Mr. Patel how many of his employees are tips certified. Mr. Patel answered 2 out of 5. Mr. Halsey explained how problematic that is noting 100% of his employees should be certified. Any person that touches alcohol, no matter if they are only covering for a day or an hour, must be tips certified. He noted he was the Chair when Mr. Patel opened Baystate liquors and he explicitly told him they do not take selling to minors lightly and that every employee must be properly trained. He then asked Mr. Patel his reasoning for only 2 of his employees being trained. Mr. Patel noted he thought he could train them. Mr. Friedmann asked if either of the clerks on duty the night of the violation were certified and it was noted no, neither of them were. Mr. Halsey also noted he finds it a problem that they just allow an y family member to cover the desk when they need help. There is a reason people need to be certified to sell alcohol and not anyone can just cover a desk at a liquor store. He also explained the judging people by how they look to decide if you are going to card them or not, does not work. Some people look older than they are, some look younger than they are, you have to card everyone because things like this happen when you make a judgment call off of someone’s appearance and it is very concerning to him that is how they decide who to ID or not. Page | 3 Mr. Giulia argued that Mr. Patel did not intentionally sell to a minor and that they cannot find him in violation because it was not his intent. The board had mixed opinions on how to proceed and also asked about finding him in violation of their policies which states all employees must be tips certified. Town Counsel noted if they wanted to discuss his violations of their policies they would have to post and open a new hearing at a later date. Mr. Dockser moved that the Board continue the hearing to August 27, 2019 at 8 PM. The motion was seconded by Mr. Friedmann and approved with a 5-0 vote. Vote to approve Zanni Land Acquisition Mr. Dockser moved that the board accept the Deed as presented. The motion was seconded by Ms. Landry and approved with a 5-0 vote. Mr. Dockser moved that the board execute the Order of Taking as presented. The motion was seconded by Mr. Landry and approved with a 5-0 vote. Mr. Dockser moved that the board authorize Town Counsel and the Town Manager to act as agents for the Town and to close on the property and to execute and record any additional documents necessary to effectuate the acquisition of the so called ‘Zanni Property’ located off Symonds Way. The motion was seconded by M r. Friedmann and approved with a 5-0 vote. Vote to approve Affordable Housing Monitoring Agent This monitoring agent will be for Reading Woods 40R only. Lynne Sweet was present for any questions from the board. Mr. Dockser asked her if she plans to staff up for this large project or if it will just be herself. She noted all the units are sold at this point so it is just monitoring going forward. Mr. Dockser moved that the board designate Lynne Sweet of LDS Consulting Group as the Town of Reading’s Monitoring Agent for the Reading Woods 40R project. The motion was seconded by Mr. Halsey and approved with a 5-0 vote. Depot Renovations Historical Commission Chair Jonathan Barnes was present to let the board know they are working together to come up with a solution that works for both parties. They are not ready to come to the board at this time and request to be taken off the agenda until they come back with a new request. Preview Zoning Bylaw Changes for Town Meeting Community Development Director Juli e Mercier was present to give the board a preview of what is proposed for November Town Meeting. The first change will be to their definition of marijuana. This is because of the new laws and things happening with CBD. The board discussed how this would affect the CBD store in town. It was noted the state has ‘banned’ certain CBD projects but everything is a little unclear right now. There will be more to come on this. This definition change will only be to clean up zoning. Board of Health will have to get involved later on about products going forward. The rules of marijuana in town will not change. The second change will be to amend footnote 1 which is provision regarding turning a single-family home into a town family depending on certain conditions. This new footnote would now require this to go to ZBA instead of letting staff make the decisions. The reason for this is because staff are having to make a lot of judgement calls as requests are getting more difficult and unique. Page | 4 Change number three would allow mixed use in Bus A + C. Change number four would align intensity regulations with mixed use. Safety Improvements Deputy Chief Clark and Lieutenant Christine Amendola were present to explain to the board what they were asking for. The first amendment would Enact Article 5.4.4.12 - No person shall park a vehicle from 7:30 AM - 8:30 AM on Monday through Friday from August 25th through June 30th on any street or parts of the streets to which this Article has been applied as listed under Article 12. The second amendment would add additional parking restrictions 7:30 am to 8:30 am during school drop off on Summer Avenue. The third amendment would make a right turn only from 7:30 am – 8:30 am on Oak Street. The fourth amendment would Amend Article 12 to replace 6.17 to 6.17.2 - Northwest bound drivers on Pearl Street shall make a right turn only onto Main Street from the northerly terminus of Pearl Street by Mill Street. The fifth and last amendment of the night would restrict parking on Temple Street between 23 and 25 Temple. The board had no objections and agreed all the requests were reasonable. Mr. Dockser moved that the Select Board approve Safety Amendment 2019-7 as presented. The motion was seconded by Mr. Friedmann and approved with a 5-0 vote. Mr. Dockser moved that the Select Board approve Safety Amendment 2019-8 as presented. The motion was seconded by Mr. Halsey and approved with a 5-0 vote. Mr. Dockser moved that the Select Board approve Safety Amendment 2019-9 as presented. The motion was seconded by Mr. Halsey and approved with a 5-0 vote. Mr. Dockser moved that the Select Board approve Safety Amendment 2019-10 as presented. The motion was seconded by Mr. Halsey and approved with a 5-0 vote. Mr. Dockser moved that the Select Board approve Safety Amendment 2019-11 as presented. The motion was seconded by Mr. Halsey and approved with a 5-0 vote. Before moving on Town Manager wanted to give a quick update about Haverhill Street noting he sat down with MassDOT and others and the fact is that MassDOT controls the speed limit on that road because of a decision the Select Board made 45 years ago. We are looking into options to regain control of the road but right now MassDOT has ordered the town to put the original speed limit signs back up because they did not approve the change. One option the town could do is a home rule petition to try and regain control. A couple of Haverhill Street neighbors came out to express their disappointment but generally understood the issue at hand. They also agreed with attempting a home rule petition to regain control of the road and suggested we start that as soon as possible. FY20 Election Schedule Town Clerk Laura Gemme was back in front of the board requesting again that they do not combine the elections this year because of the amount of time, staff, training and preparation that would be needed to handle both. Ms. Gemme noted she sent out an email to a Massachusetts Town Clerks email group asking if they were combining their elections. She showed the board the 32 responses she received back with 27 saying they are NOT combining, 1 said yes, 2 were still thinking about it and 1 has not thought about it yet. Page | 5 While most members argued that more people turnout with a combine election, Mr. Halsey was opposed to such. Mr. Halsey explained to the board that our Town Clerk is asking us to please not combine them, noting they are the ones doing all the work, and that the board really needs to consider what our staff is asking of us. Ms. Gemme also pointed out that if she does somehow find enough staff, they will all need to be trained before then. She also reminded them that early voting is another high probability that will require more staff and time. Mr. Friedmann, Mr. Dockser and Ms. Alvarado were insistent that it is still best to have a combine election solely because the turnout will be better. Ms. Landry noted the Secretary does discourage combine elections but noted it is easier for people to only have to come out once to vote. Mr. Dockser moved that the board combine the Local Election and the Presidential Primary on March 3rd, 2020. Ms. Landry seconded the motion and it passed with a 4-1 vote with Mr. Halsey opposing. Ad-Hoc Human Rights Committee Mr. Friedmann started off by giving a background on the committee and how it came to be. The issue at hand now is members who are not Reading residents. Ms. Landry noted she spoke with Town Counsel and came up with a solution that she would be happy with but her and Mr. Friedmann have different approaches which is why they want the board to weigh in. Ms. Landry noted they could dissolve the committee and reform a new group that would make it legal and inside the charter. It would be under the Town Manager but would operate the same way with Anne and Andy still running the meetings as now. Mr. Friedmann stated that he is not a fan of opening up boards and committees to non- residents; however, in this case, because the board voted to appoint a METCO parent it would be wrong to turn around and say that she can no longer be a full member. Mr. Halsey agrees with Ms. Landry’s approach adding it seems to be a win -win. Everyone can still participate and it won’t be violating the Charter. Ms. Alvarado expressed her dislike with Town Counsels idea because it seems it is just a workaround from what they created noting there’s no implications if we don’t follow our own policy. Mr. Friedmann saw an inconsistency with a similar situation two years ago. He noted in September of 2017, people noted that the Board appointed Board of Health members in a way that was not consistent with the Charter. At the time the Select Board decided to stick with the appointments. Why is the answer different now? Josh Goldlust noted we need those members to make the committee what it is supposed to be. The board could not agree on either approach so they decided to continue their discussion to a future meeting to try and find an alternative solution. The board did have one more matter to attend to regarding the Ad-Hoc Committee. Superintendent John Doherty has taken a leave of absence so in his place they are asking Assistant Superintendent Christine Kelley take his place until he returns. The board had no issues with that. Page | 6 Mr. Dockser moved that the Select Board appoint Assistant Superintendent Christine Kelley to the ad hoc Human Rights Committee to stand in for Dr. Doherty during his leave of absence. The motion was seconded by Mr. Friedmann and approved with a 5-0 vote. Mr. Dockser moved to adjourn at 10:59 PM. The motion was seconded by Mr. Friedmann and approved with a 5-0 vote. Town of Reading Meeting Minutes Page | 1 2016-09-22 LAG Board - Committee - Commission - Council: Select Board Date: 2019-08-06 Time: 7:00 PM Building: Reading Town Hall Location: Select Board Meeting Room Address: 16 Lowell Street Session: Open Session Purpose: General Business Version: Draft Attendees: Members - Present: John Halsey, Andrew Friedmann, Mark Dockser, Anne Landry via telephone Members - Not Present: Vanessa Alvarado Others Present: Town Manager Bob LeLacheur, Executive Assistant Caitlin Saunders, Bill Brown, Angela Binda, Al Sylvia Minutes Respectfully Submitted By: Caitlin Saunders Topics of Discussion: Acting Chair John Halsey called the meeting to order at 7 pm. Liaison Reports Mr. Friedmann noted at the last meeting he stated that the board should make an exception to the Charter regarding non-resident members; he no longer thinks that and will not ask the board to make an exception. He made a plea for election workers if anyone is interested in helping out the Town Clerk during the upcoming elections. He noted some dead trees in the town forest around the council ring have been removed as a part of their thinning project. Mr. Dockser noted RMLD’s battery storage system is now up and running. Mr. Hasley noted Postmark Square project is coming right along. He also wanted to take a minute to remember one of our volunteers who passed away over the weekend. Gloria Hulse was not only a teacher in town but a long-time volunteer and election worker, she will be greatly missed. Mr. Friedmann wanted to remind the board that his office hours this month are this Saturday at 10 am at Café Nero. Town Managers Report Mr. LeLacheur noted RCASA’s annual meeting is coming up. There will be a community conversation September 26th at 7:30 Pm in the Library. We will share more details as it gets closer. Mr. LeLacheur explained someone emailed the board upset they got a reverse 911 call about the 375th celebration and asked why we can’t use that for everything if we are going to use it for that. He explained that the reverse 911 calls are for emergencies and road closures. The cal l about the 375th was because parts of Main street and other streets were being closed down and it was an informational call noting those streets would be closed because of the 375th celebration; it was not a call advertising the 375th. He also Page | 2 mentioned an email that was sent to the board about concerns regarding the material used at the playgrounds. He noted if a resident has concerns that the material is hazardous they should take it to the Board of Health. He then gave a quick update on the ongoing Haverhill Street speed limit issues. We were directed by MassDOT to put the old signs back up and let them study the road. We are following that process because we have no other choice but to. In the consultants opinion, based on the data, the speed limit should be 35- 40 mph; however, it is MassDOT’s ultimate decision in the end. Public Comment Bill Brown stood up and thanked Andy for his new comments regarding the Charter. Appoint Volunteers The VASC had three applicants; two are current associate members on the Recreation Committee that are asking to be appointed to full members to fill vacancies and the third is a new applicant for the Climate Advisory Committee. The board had no comments or concerns on the VASC’s recommendations. Mr. Dockser moved that the board appoint Catherine Kaminer to a full position on the Recreation Committee with a term ending June 30, 2021 and; that the board appoint Mary-Ellen Killion to a full position on the Recreation Committee with a term ending June 30, 2021 and; that the board appoint Denise McCarthy to an associate position on the Climate Advisory Committee with a term ending June 30, 2020. The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Dockser – Yes, Landry – Yes, Friedmann – yes, Halsey – yes. Service is Timeless Clock Project Megan Young and Angela Binda were present to explain this project to the board that will honor the late Camille Anthony. Camille was a long serving Board of Selectmen member. They want to design and build a large clock to place somewhere in town in her honor. Anyone can make a tax-deductible donation to the Reading Rotary and that fund will be used completely for this project. They are hoping to get the word out at the Fall Street Faire and start vamping up fundraising efforts then. Mr. Halsey asked if Camille’s family is involved in the project and they noted yes, the family is heavily involved and will be throughout the entire project. Approve Internal Borrowing Town Treasurer Endri Kume was present to answer any questions from the board. Mr. Dockser moved to approve the advance of funds in lieu of borrowing for the following projects with the understanding that the Town will reimburse the General Fund with proceeds from a note or bond within the fiscal year: 1. Turf 2 (Article 15 April’19) – 2.225 Million (entire amount) 2. Building Security Improvements (Article 16 April ’19) - $1.7 million (4 million authorized) 3. Auburn Street Water Tank (Article 17 April ’19) - $0.5 Million ($4.5 million authorized) 4. Grove Street water main (Article 18 April ’19) - $1 million (entire amount) The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Dockser – Yes, Landry – Yes, Friedmann – yes, Halsey – yes. Page | 3 Approve Monitoring Agent for Postmark 40R Mr. LeLacheur explained this is like the last monitoring agent they approved but for a different project. Ms. Landry asked if it was common practice for another Housing Authority to step in and monitor a housing project in another town. Mr. LeLacheur noted this is the first time we have done it but it does happen. Mr. Dockser moved that the board approve Barnstable Housing Authority as the Monitoring Agent for the Postmark 40R development. The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Dockser – Yes, Landry – Yes, Friedmann – yes, Halsey – yes. Senior Tax Relief Discussion Town Assessor Victor Santaniello was present to explain and answer any questions from the board. He noted the Home Rule Petition is entering its third and final year. He is only suggestion one change the next time. He is suggesting a fixed 150% compensation level. This alleviates uncertainty regarding the amount being granted and minimizes the risk of being bumped out of the state credit circuit breaker. He noted 200% gave a little too much and bumped some people out; 150% seems to be a sweet spot. Ms. Landry noted she would like to talk to Victor more at another time about the senior work off program at the Pleasant Street Center. The board agreed with Victor on his suggested 150% noting they want to help the seniors as much as possible but don’t want to give them too much to where they get bumped from the state circuit breaker. Mr. Dockser moved that the board support a factor of 1.5x the amount of the State Circuit Breaker for local tax relief, as will be proposed in a Home Rule Petition to November Town Meeting. The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Ms. Landry explained she will be abstaining on this vote due to her job. Dockser – Yes, Landry – abstained, Friedmann – yes, Halsey – yes. The board then discussed for Victors presentation in a couple months, simple is better. They are fine with him preparing a range of si mple numbers, nothing complicated. Review SB Policies – Article 4 DPW Policies DPW Director Jane Kinsella and Assistant Director Chris Cole were present to give a brief overview of the changes they will be proposing once Town Counsel goes through it all . They noted most of the changes are practices that are already in place but have never been formally changed or updated in the policies. The full draft policies of proposed changes are online for viewing in the meeting packet. This will be back before the board after Town Counsel finishes reviewing and they have a completed draft proposal. Second Water Meters Jane Kinsella gave a quick presentation of second water meters also know as sprinkler meters. Sprinkler meter is a secondary meter that measures consumption of water that is used exclusively outside of a building and does not enter a sanitary sewer system. Reading currently has 138 sprinkler meters. About 71% of our peer communities who are also MWRA allow them. There are currently no MWRA or DEP regulations banning them however in 2012 the Executive Office of Energy and Environmental Affairs and Water Resource Commission, in conjunction with Mass DEP, released updated Water Conservation Standards stating that we must meet or demonstrate steady progress toward meeting residential water use of 65 gpcd including both indoor and outdoor use. Reading has an average of 44 gpcd. If we were to allow residents to do sprinkler meters there are a number of costs that the resident would assume including plumbing permits, the cost of the actual meter and Page | 4 cost to have it installed. A second water meter is against conservation efforts unless the second meter is charged at a higher rate and will adversely impact those who utilize non - potable water for irrigation. The majority of communities that do allow sprinkler meters have a tiered rate or a separate higher rate for that second meter and there are no abatements for sprinkler meters. Reading would lose sewer revenue and residents that do not install a second meter will pay a higher share of the increase in sewer user charges than those that do install second meters. The presentation is also located in the Select Board packet on the town website. WasteZero Recycling Program This program is a new option to reduce waste. It is a company that works with cities and towns to reduce trash and increase recycling. They have a collection partner, Simple Recycling. Simple Recycling is a leader in providing effective, convenient, no cost curbside textiles collection. There i s no cost to the municipality or residents. Their vans follow existing recycling routes and the Town will save on disposal costs. It is noted 85% of textiles are discarded and textiles make up 11% of Massachusetts solid waste. If the town were to decide to use the program, they would send postcards to all households three weeks before collections begin. They would then mail a textiles recycling bag and brochure after and send another postcard the week collections start. A resident simply places all disposing textiles in the pink Simple Recycling bag and leave it out for collection near their recycling bin. The collection personnel will pick up the full bag and leave a new replacement bag behind for next week. Many communities are already using this program. The board agreed this seems like a good idea and to why not give it a try! The more we recycle, the better! This presentation is also located in the Select Board packet on the town website. Minutes Mr. Dockser moved to approve the meeting minutes from June 25th, 2019 as amended. The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Dockser – Yes, Landry – Yes, Friedmann – yes, Halsey – yes. The board discussed minutes from July 9th but wanted to go back and edit a portion. They will vote on a revised version at their next meeting. Mr. Dockser moved to adjourn at 10:00 PM. The motion was seconded by Mr. Friedmann and approved with the following roll call vote: Dockser – Yes, Landry – Yes, Friedmann – yes, Halsey – yes. Page | 5