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Home My WebLink About2009-01-06 Board of Selectmen HandoutTOWN MANAGER'S REPORT Tuesday, January 06, 2009 • Downtown project - lighting from Washington to Haven • Alleyway - brick work done • Christmas tree disposal - • Tree Lighting - lights are being shut off this evening. Thanks to the Chamber of Commerce for sponsoring this display again this year. • Snow/Ice budget is exhausted for this FY • Flu Shots are still available • Performance Contracting process - Wed., January 7; Monday, January 12 • Tennis courts • BCC training - Ethics and Open Meeting Law - February 3 • Capital projects for stimulus package - Project requests due January 8 • DPW Director hiring- process • The January YC C is now available on line on the Town web site at www.readingma.gov Dates and Events: • February 3 - Board, Committee, Commission training • February 11 - Financial Forum • March 3 - Warrant closes for Annual Town Meeting 0 TO: From: Peter I. Hechenbleikner,. Town Manager Date: Tuesday, January 06, 2009 Re: Potential projects under federal stimulus package - January 2009 Some projects that I'm thinking of just to get things started: Streets - West Street Temple Q u W Gurb and sidewalk - Haven Street and High Street (from Woburn to Washington) - streetscape project extension (like Main Street re curb, sidewalk, lighting, etc) CurblSidewalkipedestrian improvements ~ . ashiRgten Street " eb ern Street to 1 innnln Street LGweIIteVVGburn /i/in-n1e vC rrc t Mineral to High Grove Street FFankliR te Forest Trn{Fin oirvnnl 1Nnhurn Street nt S immer Ave 1-1 HaKiSGR Street Memorial Park te Salem Street Peat StreCrce + I n to cv uausaRnrQ. rr Azalea sxrv-cr %~ilSOR Street i.G StFeet South to Walnut Pine Ridge Read Utilities - Water line - Haverhill Street from Timberneck to Batchelder including repaving the street Parks - Washington Park - Imagination Station c+ • Page 1 Buildings - Town Nall renovations - Bathrooms - Front Steps - Roof - Community Services/Town Manager Office Suite - New sign - Library - Brick Pointing - Gutters W' Fire Panel gqrnmunity--C~ Gemmun#y4ente-r K41am Fire Panel Barrews S!dewal?:s ire, Parker Middle SGheel 4 DP-W n card AGG8SS/SeE;UFitY - All Buildings - Performance Contracting for Energy Improvements .e PUFGhase and installation of snow feRGing.- he ree-f in above) id WiRdows `,Matter-a-Ca~i+~ Race --~v~~-rc`v K4batthreem c 26Uf - fewer • Page 2 (9 % y t ,'~C ` r e-c Y . r futPi[RD Tw~iC Pl~i'` ~ = r' S CAmmtleCRai{ ~ utes4~aiiticns T . r. i m ) Coal Rail f Ccmmutar a t ~ - `t9a S ti _ ~ tnterstale p ftheay t ~ _ 4 t:n PnurdarY ngs Fulda riticari ;+t C'D EN d SCh44CL , Oth-T ti i ' lco I Y l)d-/Ooqy OM" n 1 % Pastas X1"981 i ! . 0t ve(I UIT-Oved G.S., ' ' i Faied ^a4 j v 'a .fir asT~ w.. a JQ ~ urpa';ed x a ~ Strealls m s'l t ',..--t - ' ~ Niid~n tram e y t . yl 4 nrec{oc HYtlm . k: t -A lth O nit_., ` r~C ,yl r ~ Pa rle a 7 ~-~RY ~ t 3 i+tUtllR] RUyx _ ~ ~ ~ r _ f ~ v t r DTs T l s 3 F i G z r k x b ' The data sl'Ol"' onthts site arc ning pt4Cposes on? ' ! t ovidcd for til an ChOOI - S Mood End 1 370 0 740 ft J o 63 126 ft Green Street - Ash to Main 1-6-09 I Comparison of Downtown Zoning Options Residential Use allowed? Business B(current zoning) No Mixed Use Overlay District (current; could be..-.- d) Allows mixed"comercial, . open from the Public/Quasi-Public Use? Business Use? Parking Retail sales, consumer services (includes restaurants), office, financial usttoon, wholesale business hotel, place of assemF lvs.Veterinarv funeral commercial parking lot, (by righf) <commercai communcafons struetue:(by special perf) Restaurants'lspace for every :':four seats, plisr'1 space per eiployee onlargest shift, plus loaf g__spaces, at least 10 space or restaurants with no seating Retail & Office: 1 space per 300 square feet floor area, plus loading space. Downtown 40R zoning comp table (2) uses Units up to 700 sq. ft. = 1 space per unit Units up to 1100 sq. ft = 2 spaces per unit 3.5 spaces per 1,000 sq. ft office, 1.5 spaces per 1,000 sq. ft retail. (40R Smart Growth District; under study for future consideration) Allows mixed commercial, residential, and open spaces on the same parcel by right provided the Town's 40R guidelines are met. CPDC Site fan Review required. -To be determined in Reading's Downtown Smart Growth district bylaw. Yes, to.be determined in Reading's Downtown Smart Growth district bylaw. To be determined by guidelines. - 1 - Affordable Housing Minimum unit size Maximum unit size Location of Residential units Location of parking Units per acre Minimum lot area Maximum floor area ratio Minimum frontage Maximum front yard Maximum lot coverage Maximum building height Minimum rear yard Business B No requirements Mixed Use Overlay District Requires at least 20% of residential units to be affordable to those=:earning 80% of area me"l *ousehi income, OR :fee in lieu;.-of units. 550 square feet 1100 square feet Not at front of 1" floor Not at front of the lot development. Minimum landscaping >>None `r= 25% of lot landscaped Demolition Delay appliegto Yes Yes inventoried buildings? Downtown 40R zoning comp table (2) No (44R Smart Growth District) Requires at least 20% or residential units to be affordable. To be determined by guidelines To be determined by guidelines Multi-family: 20 units/acre 2- or 3-family: 12 units/acre To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines To be determined by guidelines Yes Yes -2- Nov-11-2008 02:03pm From-HOUSING PARTNERS INC Legend R District Buildings C Roads i Parcel Town Building Parking Town owned Land Other Driveway M Commuter Rail Stop r Railroad Sidewalk +161T824T16B T-53T P.002/001 F-518 Map by: Town of Reading Map date; 3/28108 Partols valid V1107. Roads, buildings, parking, driveways, and sidewalks from aerial photos taken spring 1998. Data are for planning purposes only. 0 100 200 300 400 500 Ft N A 0 40R SMART GROWTH DISTRICT For Res I I~`Andover I 1:00 a.m. (last call What are closing hours? 12:30) I Is a full menu of food required to be served until closing? No *Andover has no # of seats requirements taurant licenses of over 100 seats (Bedford (Belmont ISudbury (Wakefield Midnight (1:00 a.m. 11:00 p.m. 11:00 p.m. Fri & Sat) 1:00 a.m. I I I I Yes Yes No No I I I I I I I I I I I 4~ Page 1 of 2 Schena, Paula From: Hechenbleikner, Peter Sent: Tuesday, January 06, 2009 11:46 AM To: Schena, Paula Subject: FW: Tuesday 1/6/2009 hearing C Board of Selectmen From: Lyn Schmidt [mailto:lynwschmidt@gmail.com] Sent: Tuesday, January 06, 2009 11:08 AM To: Reading - Selectmen; Town Manager Subject: Tuesday 1/6/2009 hearing Dear Mr Hechenbleikner and Reading Board of Selectmen I had hoped to attend tonight's hearing regarding the changes to Reading's liquor policy, but due to a previous commitment I can not. I have followed some of this story in the Boston Globe and recently in the Chronicle. One of my main concerns is that this in some part, seems to be directed specifically at Venetian Moon. As a twenty year resident of Reading I am disturbed that there are so many vacant buildings and store fronts in Reading presently, with Venetian Moon being one of the few that seems to be doing well and has recently expanded, I feel we should be supporting them and trying our best to keep them happy with their choice to operate in Reading! I see this Restaurant as one of our town's assets and many of the proposed changes would cost the restaurant more time and money. Given the economic condition do we really want to treat a valued business in this manner. Having worked in the Restaurant business for five years in several capacities I feel requiring a restaurant to offer a full menu till closing is totally unnecessary (3.2.2.8). I agree they should offer food, but it can certainly be a limited menu. What are they to do when a patron wants to order a full dinner at 11:40pm? The second issue I feel that is problematic is having patrons out by the time the restaurant closes(3.2.2.5), I am sure the management of Venetian Moon wants the patrons out as soon as possible, I feel that we should listen to their experience and expertise and let them handle what time patrons are out. The third issue, (3.2.1.8) is that managers and or employees shall not consume alcohol while on duty, which I understand, but it continues to nor after official closing hours. We are talking about grown adults who have worked a long shift, I am not about to dictate what they should or shouldn't do at the Venetian Moon. If the management feels that an employee has done their job and they are not keeping them later than necessary it should be there decision whether or not they can have an alcoholic beverage. 1/6/2009 12 Page 2 of 2 And lastly I feel that by expanding the present policy regarding our alcohol use we are actively discouraging any other bar and or restaurant from coming to Reading. I for one feel that we are in No position to dissuade any business from coming to our town. Venetian Moon has offered jobs to our residents, has provided a nice place for us to dine in our home town and has brought other visitors to our area. I see this as positive and I would hope that other establishments would think of coming as well. Although I think that the owner of Venetian Moon may now be warning them to find another town that would be more realistic about the rules and regulations regarding bar and restaurant policies. Sincerely Lyn Schmidt 11 Pondview Lane Reading MA 01867 781-944-1070 1/6/2009 i3 Page 1 of 1 Hechenbleikner, Peter From: Karen Herrick [karenherrick@remax,net] Sent: Tuesday, January 06, 2009 1:49 PM To: Reading - Selectmen Subject: Proposed Liquor Licensing Changes Dear Selectmen and Selectwoman, Thank you for your work to update and revise the current liquor licensing regulations. I am unable to attend your hearing this evening, however I wanted to raise two concerns about the proposed changes. 1) I applaud the suggestion to end beverage service 15 minutes before closing time and the need to make sure that food is available whenever alcohol is served, However, I believe that requiring a restaurant to offer a furl menu right up until closing is too stringent a requirement. The reality is that anyone ordering off the full menu will not be able to exit the premises at closing time as also mandated by the proposed changes. 2) After reading section 3.2.6.6 -lam quite confused as to the purpose and need for this language. It needs to be clarified. Is a commercial property owner considered to be a resident for the purposes of this regulation? Thank you for your on-going dedication to making Reading a great place to live and work. Best regards, Karen. Karen Gately Herrick Broker/Realtor/AB R/MBA Office:781-517-4209 Fax:781.944-1592 Efax:781-645-1330 N,i.r ha.rnckredrPmag,.O RE/MAX Heritage, LLC 248 Main Street, Reading, MA 01867 25 Tuttle Street, Wakefield, MA 01880 653 Main Street, Melrose, MA 02176 Outstanding Agents, Outstanding Results, I am never too busy for referrals from clients, friends and family. Don't hesitate to contact me for all your real estate needs. 1/6/2009 0 Page 1 of 2 Schena, Paula From: Stephen A. Goldy [sgoldy@sgoldy.com] Sent: Monday, January 05, 2009 12:26 PM To: Hechenbleikner, Peter; Schena, Paula Subject: FW: [Bulk] Substance Abuse Initiative Pete and Paula, Please copy and include this email in the packet tomorrow night. Thanks, Steve s4&n a. q 42 Berkeley Street, Reading 781-775-5805 (mobile) 781-779-1773 (home) steveaoldv.com From: Stephen A. Goldy [mailto:sgoldy@sgoldy.com] Sent: Monday, January 05, 2009 11:47 AM To: Tina Brzezenski'; 'sgoldy@ci.reading.ma..us'; 'btafoya@ci.read ing.ma.us'; 'jbonazoli@ci.reading.ma.us'; 'cwanthony@ci.reading. ma.us'; 'rschubert@ci.reading. ma.us' Subject: RE: [Bulk] Substance Abuse Initiative Tina, Thank you for your email. As a policy which complies with the open meeting law the Board of Selectmen does not reply electronically to emails about issues. I will make sure your comments are discussed as part of the continued public hearing on Tuesday the 6th at 8:45 pm. Of course, you are welcome to attend in person also. Thank you again for your input and please feel free to call me at either of my numbers below if you have any questions. Steve sre fim a. qd4 42 Berkeley Street, Reading 781-775-5805 (mobile) 781-779-1773 (home) steveaoldv.com From: Tina Brzezenski [mailto:tina@statefn.com] Sent: Monday, January 05, 2009 11:14 AM To: sgoldy@ci.reading. ma. us; btafoya@ci.reading. ma. us; jbonazoli@ci.reading. ma.us; 1/5/2009 Page 2 of 2 cwanthony@ci.reading. ma.us; rschubert@ci.reading.ma.us Subject: [Bulk] Substance Abuse Initiative Dear Board of Selectmen: I am writing in opposition to portions of the initiative that is being presented tomorrow evening at Town Hall. As we are all painfully aware, we are in a deep recession and our downtown retail businesses are facing difficult times. While I support trying to reduce alcohol consumption of minors, I do not support further restricting the few successful restaurants in our town that serve alcohol. I am not sure how requiring a restaurant to maintain a full menu until closing will decrease alcohol consumption of minors? If vagueness in the regulations cause confusion, then those particular items should be further defined such as "restaurants must carry a minimum of 5 food items until closing" (this could be an appetizer or a sandwich). However requiring a restaurant to maintain a full menu until closing is not reasonable and could be the difference between a sustainable business and a failed business. A destination restaurant creates foot traffic which improves the chances for a retail business to survive. I would hope that our town would work toward creating a destination down town area such as Arlington where there are many thriving businesses and restaurants. We have made such great improvements toward creating a more beautiful downtown. It would be regretful to take a step backwards by creating undue hardship for the few successful restaurants we have. Thank you for your consideration. Regards, Tina Brzezenski Resident, Precinct 8 1/5/2009 l~ Hechenbleikner, Peter From: Elaine Webb [elwsai141@verizon.net] Sent: Tuesday, January 06, 2009 2:42 PM To: Reading - Selectmen; Hechenbleikner, Peter Cc: McNamara, Erica; Schena, Paula Subject: Support for Changes in Liquor Liscense Policies To: The Board of Selectman and Town Manger Peter Hechenbleikner Cc: Ms Erica McNamara, Mrs. Paula Schena We are writing to support the Board of Selectman and Town Manager in your continued pursuit of what we see as positive changes to Reading's Liquor licensing and policies. I'm sure that your recent suspensions against businesses that violated the laws prohibiting the sale of liquor to minors was met with some opposition. We commend you on these strong and appropriate actions. It is clear to me that Reading is a community that takes the health and safety of its citizens (adults and children) seriously. From it's inception, we (and you) have supported the efforts, activities, and mission of our RCASA coalition. We believe that taking actions that would engage adults in role modeling responsible behavior with respect to alcohol is critical. How can we ask, teach, and expect our teenagers and youth to behave responsibly with respect to alcohol and other substances if we as adults do not apply these same expectations to ourselves (our residents and our businesses). We support the 15 min alcohol service truncation prior to closing of establishments. I am not sure if there is actual truth to the statement that most accidents happen within a mile or two from home, if it is than I am appalled to think about how dangerous my last mile home could be if I were to drive through the center of our Town at "closing time". Doesn't it make very good sense that we should at least allow a person to receive their last drink 15 minutes before they will be activating the ignition of their car. Additionally, I was disturbed by the response of the Venetian Moon owner (as listed in a Chronicle article recently) indicating that it would be too difficult to cut people off, it could lead to arguments between drinkers and staff. This strikes me as irresponsible, lacking any sense of the risks of DUI and their potential contribution, as well as highlighting the lack of knowledge of this business owner's understanding of our community priorities. We also support the proposed change requiring establishments to serve substantial enough food during the time frame of alcohol service. We do not have a specific recommendation, but certainly support that it is more than peanuts, popcorn, chips and the like. We encourage you to continue to pursue this policy change. We would like this letter to serve as our voice in this evening's hearing. Thank you for your service to our community. Thank you for focusing on the health, safety, and character of our community. Elaine L. and Douglass E. Webb 309 Pearl Street Reading, MA 01867 elwsail4l@verizon.net 781 944-1817 home 781 307-1226 cell 1 1~ P DRAFT 11-4-08 Section 3.2 - Liquor License Policv This policy shall apply to all premises licensed for the sale and/or consumption of alcoholic beverages by the Licensing Authority (Board of Selectmen) pursuant to #l its authority as the Licensing Authority of the Town of Reading as determined by the Reading Home Rule Charter, Town of Reading Bylaws, and the laws, rules and regulations of the Commonwealth of Massachusetts. The following chart indicates which portion of these regul~tos applies to which type of license: Categorv 3.2.1 3.2.2 12'.' 3 3.2 4 l ~,r3 Z.S 3.2.6 3.2.7 .f. f J ' fit.. s lsh Retail Package Goods Store License rte for all kinds of Alcoholic Beverages X X not to be Drunk on the Premises gip Restaurant License to Expose, Keep V for Sale, and to Sell All X X X Kinds of Alcoholic Beverages to be Drunk on the Premises (100 11 or more seats) f`i'`+' +F Restaurant License to Expose, Keep for Sale, and to Sell Wme X X X and Malt Beverages to runk on the Premises (less t~ an 100 s~) , Club License to E669'& ;'K'eep 1"41" ~itili ul? a 'X X X for Sale and to Sell All Kinds of Alcoholic,B~Y,erages to bel,I i1 Drunk oA! 11e Pre1T11S~S?'t,?,,,. 1 ft?iftF,. Speclf`1 ILicenses r i.t`l `,F5}!fi t? I,:,.;,;?' ( ( I I X Amendmei%ts'°.nChanges to tl is'?ipolicy ' nay be made by majority vote of the Board of Selectmen and shall be `c1AWssed at a public meeting. Notice of any change in policy shall be made to all licensees in a tir",manner.,;i=_;„ 3 -1 Board of Selectmen Policies 11612009 , 3.2.1 - General Requirements for All Licensed Establishments 3.2.1.1- Plan Required A plan of the building and a detailed floor plan of the licensed premises including the capacity of a restaurant and parking facilities shall be on file with the Licensing Authority. No alterations shall be permitted to the premises without approval in advance from the Licensing Authority. or its-designee. 3.2.1.2 - Deliveries Deliveries to licensed establishments shall be made only d raring business hours and shall be made in a manner so as not to disrupt neighbors or interfere i , l ffic or parking. 3.2.1.3 - Inspection . The',_nsed premises shall be subject to inspection by the Police,,, tie Licensing Authority; WRO gther duly authorized agents of the Licensing Authority AnyjFhindrau'ee_for delay of such inspection caused by an employee of the licensee shall be causefol) Ofiah against the license. Rllt 3 3.2.1.4 -Advertisements ~ t ~ ~I.ti Ebb f, No advertising matter, screen, curQ~ ki7 other obstructiofz,l?~?✓ thich prevents a clear view of tsil• the interior of the premises, shall be maintaduiJ O fon any windo, r v~~o door. i ,t~=~, 3.2.1.5 - Automatic Amusement Devices f No establishment, lieezi'sed,, or the on remises or off-premises sale or consumption of p'~;. alcohol shall permit the1jiuse of an~i~uautomatic amusement device or electronic game as defined 3i Set M.G.L. ChapteJ."M ,'j$S'eetio0177A unless specifically licensed to do so by the Board of J , 3.2.1.6 - D ut ~.,emrm An applicant fob ihcenserM of sell liquor on or off premises shall within 45 days of the issuande'''o f such licensee cc 1 mence`~160h1struction of the licensed premises which shall be fully operation'-l,iWithin 120 days 'f the 1puanee of such license, unless otherwise approved by the Licensing AIulority. Thereafter, the licensee will continuously operate the premises in 'Fht'F accordance withr lj_ 'ithe terms:~,and conditions of the license. The closing of the licensed establishment forfl seven consecutive calendar days or for more than 20 regular business calendar days durin is ~iiio&ndar year shall be deemed to be abandonment of the license and sufficient grounds forr'evocation, unless prior approval is granted by the Licensing Authority. Upon application by'the licensee, the Licensing Authority may waive this abandonment provision in the event of major renovation, destruction by fire or flood or other similar circumstance. 3.2.1.7 - 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, these regulations, and any other conditions placed on the license. 3-2 Board of Selectmen Policies 111120010 3.2.1.8 - Alcohol Policv for Staff While Serving while and , free No Manager, Alternate Manager or employee shall consume any alcoholic beverages while on duty nor after the official closing hour. 3.2.1.9 - Alcohol Management or Server Training Licensees, Managers and principal representatives of licensed establishments are required to successfully complete an alcohol management or server trainingcourse (depending on the type of license) approved by the. Liquor Liability Joint Underwriting Association of Massachusetts at the time of issuance of the license. Servers of alcoholic beverages shall be required to successfully c,o»nplete a server training course approved by the Hospitality Mutual Insurance Company (or any trig course reviewed,l? and approved by the Licensing Authority) within three (3) mol. the of becoming emploj%ed m a position where they are serving alcohol to customers:il` iI>i re must:IP a certified eir~ployee on the premises at all times. All persons required to successfully complete an alcaliol management or server training period. The licensee course must be successfully retrained prior;to the end of the'f'"'FE li ficat' ion shall certify annually to the Licensing Authoi~t4t the time n-yal of the license that the 1,24 licensee, Manager, and all employees meet,this regnirbn?ent. Cerjtficates shall be kept on file and available for inspection upon request i,} w t _ Ri' 3.2.1.10 - Liauor Liabiliti%llnsti nstitance Requirement Licensees aw-- , wired to£'l ave, or otherwise provide, liquor liability insurance in the minimum amount deter lh"ed frorri ifime to time by thd''Licensing Authority. This requirement is applicable regardless of whether~,tl'~hc.see ~rerits or otherwise provides the licensed premises to a third pat~y,1 Lnnted exceptions to" thrtrequirement may be granted by the Licensing Authorityk;lifor reas&; s> Qf hardsh.1 ,or upon adequate proof of inability to obtain the required insurvncU.: There is no ri'glit to an di 6ption, and the Licensing Authority is not required to grant such ari exception. Licenseel~shall provide the Board of Selectmen with a copy of the Certificate of lnsurari6e,f ,.on the issuanei`or renewal of a license. t t a~[ 3.2.1.11- Sta Licensees shalSma;r tin an adequate ratio of staff to patrons in order to properly monitor beverage sales and core„sulnption. 3.2.1.12 - Supervision - Presence The licensee, a Manager or principal representative of the licensee shall be present in the licensed premises at all times during which alcoholic beverages are being sold pursuant to the license; and shall be available to the licensing authorities and its agents during all such times unless some other person, similarly qualified, authorized and satisfactory to the Licensing Authority, and of whose authority to act in place of such Manager or principal representative shall first have been approved by the Licensing Authority in the manner aforesaid is present in the premises, and is acting in the place of such Manager or principal representative. 3 -3 Board of Selectmen Policies 11612009 0-21)0 3.2.1.13 - Dutv to Keep Order No licensee for sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises, ' l d' t par-king lot lots g t sente the pren+ sue. The licensee shall be responsible therefor whether present or not. There shall be no indecent or immoral entertainment on the licensed premises. 3.2.1.14 - Proof of Ate The Licensee, Manager, principal representative, bartender..4i d waitress/waiter shall refuse to serve any patron under the age of twenty-one (21). When' n doubt of age, they shall require the showing of an identification card or license in accord':ace, with Chapter 138, Section ~ '~t~r4e 1 34B of the General Laws. 3TM <<'', { . 3.2.1.15 - Minimum Ate of Emplovee or Server (1FY~,, a' Fr.k No employee of any licensed establishment" who is serving, clearing or otherwise handling alcoholic beverages shall be under the age;6-ifrj,8. t ~ t k~ 1. sC'3.2.1.16- Prohibition of Brineine Alcoholic Bevera269onWihe Premises There shall be no alcoholic beverages brougf11onto the premises of a licensed establishment except for deliveries for ~ e operation of the't-usiness as controlled by the laws, rules and regulations of the Commonwealth;ofLas.,sachusetts. 51 + 4t t I f,1 4t 3. 3.2.1.17 - Information Reaardinn the AlleO'd Serv''c67-.`6 lcoho' Prior to Violation for, Driviniy Under thetInlluence of In6xic_atin¢ 06"iors Upon the receip#'of''a{teter from the `LM1ffice of the''`Attorney General or the Middlesex District Attorney's Office pursualv`t,to G.L c 90 , Sec. 24J or any other statute, or any other notice regarding the `Ald! ed service or . sale of alcohol to an individual who is subsequently convicted or pleads guilty ; ia~vi®gatipn.of drivmgii rider the influence of intoxicating liquors, or enters a dismsit on;under SeeCioi 24D{of Ch `pter'90, the Licensing Authority: ♦ Shall forward+;a,icopy of t=letter to the licensee cited, along with a copy of these rules regulations a <i,it, ;request that tlye;license~e ;appear before the Licensing Authority to respond to the Upon"J"ffig receipt of't, o or more letters in a two=year period, the licensee shall be required to appe-' before theffl censing Authority to respond to the allegations. Any disciplin'•a agfin taken by the Licensing Authority shall be taken in accordance with the provisions of4REe Reading Liquor Policy, the Massachusetts General Laws, and Rules and Regulations of the Alcoholic Beverages Control Commission. Neither a letter from the Office of the Attorney General or the Middlesex District Attorney's Office, nor the original letter from the court to these law enforcement agencies shall, by itself, constitute sufficient evidence so as to allow for a finding that a licensee has committed a violation. 3.2.1.18 - Dutv to Report an Attempt to Purchase by a Minor The licensee shall be required to report to the Reading Police Department any time a person attempts to purchase alcohol while being underage, or attempts to use an altered or forged identification for the purpose of purchasing alcohol. Furthermore, the licensee shall immediately 3-4 Board of Selectmen Policies 11612009 0 report to the Reading Police Department any time they suspect an adult is purchasing alcohol for a minor. These infractions must be reported even when the incident takes place off premises, such as for home deliveries. Licensees shall make all reasonable and diligent efforts to report any illegality on the licensed premises. 3.2.1.19 = Liquor License Fees The following fees are established for each calendar year for the categories of license available in the Town of Reading: Category, 2007 0 `fF 2'OY08 2009 2010 Retail Package Goods Store License for all $2000 jq bh $1100 2200 $2300 kinds of Alcoholic Beverages not to be I4''' = vr:. Drunk on the Premises Restaurant License to Expose, Keep for 10200 ii~t*t $3300 $3400 $3500 Sale, and to Sell All Kinds of Alcoholic ` ' ,G , Beverages to be Drunk on the Premises Restaurant License to Expose, Keep $2400 $2450 $2500 Sale, and to Sell Wine and Malt Beverages,• to be Drunk on the Premises Keep for Sale, and , $1000-$1000` Club License to Expose $1050 $1100 , to Sell All Kinds of Alcoholic„Beverages to be Drunk on the Premises; IN!'I eta t"`'~ j4 I z t ~ ~ tl tt~ 4}~~ Vii` jjS 3.2.1.20 - Hours of Operation J k extiari for premises lice rs 0fr op The following shahle the~lio nsed for sale and/or service + ~ of alcoholic,beu,eragesiby the`Tfovan of Readiri`g;li I u N, yi n Cate~ort; Hours of Operation Exceptions Retail Package Goods Store Tense for 8:00 am to 11:00 p.m., See Sunday Sales below all kinds of Alc6hio me Beverages not to except 8:00 a.m. to 11:30 be Drunk on the Preii es „jz p.m. the day before a holiday Restaurant License to,h"xpose, Keep for 11:00 a.m. to 12:00 Sale, and to Sell All Kinds of Alcoholic midnight on weekdays, Beverages to be Drunk,on the Premises and 12:00 noon to 12:00 . midnight on Sundays Restaurant License to Expose, Keep for 11:00 a.m. to 11:00 p.m. Sale, and to Sell Wind and Malt on weekdays, and 12:00 Beverages to be Drunk on the Premises noon to 11:00 on Sunday 3-5 Board of Selectmen Policies 11612009 0~7e Club License to Expose, Keep for Sale, 8:00 a.m. to 2:00 a.m. and to Sell All Kinds of Alcoholic except on Sundays and Beverages to be Drunk on the Premises legal holidays when the hours are 12:00 noon to 1:00 a.m. 3.2.1.21- Breech of Policv or Conditions For breach of any of the requirements, restrictions or conditions of this policy of license, the Licensing Authority reserves the power and right to modify, susr+end, revoke or cancel the license in accordance with the law. `s 3.2.1.22 - Sundav Sales for Packne Stores Sunday sales for Package Stores are permitted, the following conditions: ♦ No sales may be made prior to noon on Sunda ♦ No sales may be made after 11:00 p.m,0O after 11:30 p.m. on a Sunday that immediatel} ♦ Employees must be paid for working on S o M.G`T~"!0% 138, §15, subject to ;eept that no sale, !Ifay be made 6`1'egal holiday; a rate not less than 1'/2 of the employees' regular rate; r ♦ No employee may be required to,work on a Sunday; icfAal to work on a Sunday is not grounds for discrimination, dismissals,;` discharge, deduetfOfi of hours or any other penalty; ♦ If a Section 15 licensee intends to close}oneraay per week except Sundays, such licensee must notify the Lic r sa'iig authority of`su h licenseels` intended hours of operation. 3 -6 Board of Selectmen Policies 2 11612009 3.2.2 -Reauirements for All: ♦ Restaurant License to Expose, Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises, and ♦ Restaurant License to Expose, Keep for Sale, and to Sell Wine and Malt Beverages to be Drunk on the Premises All licensees for the service of alcohol, whether the holder of o Restaurant License - All Kinds of Alcoholic Beverages ♦ Restaurant License - Wine and Malt Beverages or shall, in addition to Section 3.2.1 3.2.2.1- Advertisement No premises shall be licensed that contain the brand name of any product sold in the establis; or advertisements inside of the premises that catii permitted .nt or sign upon which appears wine or beer, ekcept'that signs pe exterior of tl;e{premises are 3.2.2.2 - Reauirements for Service of kood and Drink In licensed premises, all food and dunk{{sez~. Ice shall conform ,1 to',the,,following: . ♦ Food shall be served on china, pottery orE other solid diruiert~vare and shall use metal silverware. No plastic or paper dinnerware or s11vjs peMnitted. ♦ An establishment that hasua, separate and dlstiana take outarea may be licensed, for the sale of beer and wine on the,~irerriisesq ♦ Alcohol must bes,'s6rved in glass or potter yn`containers only. No paper, plastic or other containers will be 6Q~i` for service Pitchers or azdfes of beer or wine with a capacity of 750 ml or less will be veri~..:~ 3.2.2.3 - Toilet Fadlffl "eaulre l No premises sl h 1;$.e lice'rised 'unless toilet facilities meeting all requirements of the current=cocle of the Commonwealth of Massachusetts are generally available to the customers of the facilit$`~' s s ti~I*tly, !1,~<<i 3.2.2.4 - List of INIternative Tr ansportation Licensees shall, ina'Ii~tain a written list of the telephone numbers of local taxicab companies next to th`e'i6lic telephone. If there is no public telephone, the list should be available for patrons wfen requested. 3.2.2.5 - Orderlv Closing Licensees shall ensure that patrons leave the premises at the closing hour in an orderly manner. The licensee shall not solicit not accept any order for alcoholic beverages within fifteen minutes of the legal closing hour. All patrons shall be off the premises at the closing hour. All tables and service locations shall be cleared of alcoholic beverages within'/2 hour after the legal time for sale. y Y yF4~~ } of this policy, adhere to the,fol'lowing'policies: 3 -7 Board of Selectmen Policies , / 11612009 ~j"t 3.2.2.6 - Prohibition of taldne Alcoholic Beveraees from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment except for deliveries for the operation of the business as controlled by the laws, rules and regulations of the Commonwealth of Massachusetts. 3.2.2.7 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3.2.2.8 - Service of Alcoholic Beverages Limited to Hours that Food Services is Provided The hours during which sales of alcoholic beverages may`e;made in a licensed premise is further limited to the times when a full menu of food service' is available. No alcoholic beverages may be sold or served in a licensed premise before`food ser~}cbl>is available, nor after the food service has been suspended. 3.2.2.9 - Service Bar In the event that an area is designed as''~a "se%vic commonly referred to as a "bar," no liquor is to be serve bar, and no stools or chairs are to be placed at said service barlt, 1which is distindETrom what is reetly"to the public at such service 3 -8 Board of Selectmen Policies 11612009 3.2.3 - Requirements for All: Restaurant License to Expose. Keep for Sale, and to Sell All Kinds of Alcoholic Beverages to be Drunk on the Premises All Restaurants licensed for the service of "All Kinds of Alcoholic Beverages" shall adhere to the following. policies in addition to the provisions of Sections 3.3.1 and 3.3.2 of this policy: 3.2.3.1 - Minimum Seating Requirement A license shall not be granted for an establishment having a seating capacity of less than one hundred (100) persons. No more than 15% of the seats shall be at,a ar. ~r I,~7t t I t .~V ~ ,,la 't iF t J-" ~~i.r~~ ~~V; .di i 3-9 Board of Selectmen Policies 11612009 3.2.4 - Reauirements for all Restaurant License to Expose. Keen for Sale. and to Sell Wine and Malt Beverages to be Drunk on the Premises All Restaurants licensed for the service of "Wine and Malt Beverages to be Drunk on the Premises" shall adhere to the following policies in addition to the provisions of Sections 3.2.1 and 3.2.2 of this policy: 3.2.4.1- Purpose and Intent Pursuant to a Home Rule petition by the Town of Reading, the General Court of the Commonwealth of Massachusetts authorized the Town of Reading,, ssue a limited number (currently 5) of Beer and Wine licenses to restaurant establishments'~With'fewer than 100 seats. This legislative action was confirmed by the voters of the Town ift,fhe Election of March 24, 1998. This policy is established pursuant to those votes. j. The intent of this policy is to encourage the development and+ retention of smaller specialty restaurants in the Downtown area of Reading rn order to enhancoAlie" economic vitality of the Downtown area. It is recognized that the serving of beer, and wine in a restaurant is part of the customers' dining experience. 3.2.4.2 - Maximum Seats piF.. A restaurant holding a "Wine and44iMalt Beverage" 11 'cense shall have seating for less than ltl'j~ t'I iL tt t 100 customers. All seats shall be at table s<< there shall be no seating at a bar. 3.2.4.3 - Service Bar Only Only a service bar is permitted. Its %nctilin is v serve to restaurant employees who serve the customers and ca};b'el~ised to serve drinks to those customers waiting to dine. There will be no seats at this,,b'ar. tj':, 3.2.4.4 - Seating Requirement i,'l „ t There shall be no seance oflal'co]ZOi ta,.anyone unless they are seated at a table. 3 - 10 Board of Selectmen Policies 11612009 3.2.5 - Requirements for Club License to Expose, Keep for Sale,. and to Sell All Kinds of Alcoholic BeveraLyes to be Drunk on the Premises All Clubs licensed for the service of "All kinds of Alcoholic Beverages to be Drunk on the Premises" shall adhere to the following policies in addition to the provisions of Section 3.2.1 of this policy: 3.2.5.1- Minimum Seating Requirement A license shall not be granted for an establishment having a seating capacity of less than one. hundred (100) persons. No more than 15% of the seats shall be atbar. 3.2.5.2 - Advertisements No premises shall be licensed that contain any ad the brand name of any product sold in the establishment i or advertisements inside of the premises that cannot be st permitted. 3.2.5.3 Requirements for Service of Food and Dr rtl'" In licensed premises, all food and drink service sh"a o Plastic glasses are permitted. Service will be by t`~'k. pitchers or carafes of beer or wmic with.a capacity 3.2.5.4 - Toilet Facilities Required No premises shall be licensed uti current edition. of the St#eI,,Byilding C customers of the licens,e6 txrerti cs; . No Pry 3.2.5.5 - List.of Alternative ~rit`..orsign upon which appears wine pl`:taeer, except that signs the exte'urof the premises are rrr to the following: ss or bottle, or glass or pottery ml or less will be permitted. ng all requirements of the Code are available to the nsees s$1;, maintalnfl,a written list of the telephone numbers of local taxicab next to the liubllc tel'eplione If there is no public telephone, the list should be r patrons when' requested , 3.2.5.6 - Orderlu Closing LicenseRll'ishall ensure that patrons leave the premises at the, closing hour in an orderly manner. All tables. ai d se.-::., e locations shall be cleared of alcoholic beverages within '/Z hour after the legal time fots`ale: 3.2.5.7 - Prohibition of takine Alcoholic Beverages from the Premises There shall be no alcoholic beverages taken from the premises of a licensed establishment. 3.2.5.8 - Refusal of Service The Manager of any premises licensed under this policy shall refuse to serve any patron who is approaching a condition of "Under the Influence." 3 -11 Board of Selectmen Policies 11612009 3.2.5.9 - Service Bar In the event that an area is designed as a "service bar, . " which is distinct from what is commonly referred to as a "bar," no liquor is to be served to the public at such service bar, and no stools or chairs are to be placed at said service bar. r c.. R-t} nit fti' All [f {Il4'~tFi'tl3flfl, I=r is f ftl:"'p 3 - 12 Board of Selectmen Policies 1/6/2009 3.2.6 - Reauiremen-tsf"" Liquor Lieenses ehanEe Requirements for Special Licenses under Section 14 3.2.6.1 - Special liquor licenses may be issued by the Town for commercial establishments or for non-profit organizations. 3.2.6.2 - Holders of one-day special licenses shall provide the liquor to the attendees of any event "bring your own liquor (or beer or wine)" will not be permitted. The license holder is required to comply with 204 CMR 4.00 (the prohibited practices requirements). License holders must purchase their alcohol from a licensed Massachusetts wholesaler,. in compliance with. M.G.L. Chapter 138, Section 14. Alcohol m:ay not,'be purchased out of state, from a caterer, or from a Section 15 package store. 3.2.6.3 - Holders of ene da-y special licenses shall provide "a_bartender "and/or servers who are trained and authorized to make decisions regarding cont nt- ed service of alcoholic beverages to attendees (reference 3.219). There shall be no self service of any alcoholic Beverage at an event approved as a one day license. ~Wl is 3.2.6.4 - Applicants for special licenses shall provide ja,x of T of" uisuranee td` the Licensing Authority with the application for the one day 3.2.6.5 - Limitations A person or entty,.m :only be issuteC -maximum of 30_Special Est r. 4,h Licenses in any calendar year. 3.2.6.6 - Exceptions: In the;case of events he~c~ by private esidents, outside of their private piil 111, li t a ji ~~,r+ residence, the License Authori~y shall not t egxire a special license where: 1) the event is by invitation only, 2) mdri`ey is not'ICxhanged for' alcohol, 3) tickets are not sold, 4) a donation .or 5);; entrance fee as-rnot charged. f 6" is not required or s61ft nip i ~ ~ It:<` 3.2.7 - Enforcl iW41 t' 3.2.7.1 ,I `itensees vru7afng appii~~able laws of the Commonwealth of Massachusetts, rules or reg lations of the Alcoholic '"~WVievitge Control Commission, and/or of the Town of ~ ri ; E. Re-,WiY 4E.li quor Policies sli,a~ll be subject to the following range of penalties: Offense Penally ~ (1`t Offense 11 Warfiing to 3 days suspension 1 2 Offense 113,;d;ays to 6 days suspension 13"' Offense 1Ni-'V days to 12 days suspension 4"' Offense Show cause hearing for license revocation The term "Offense" is defined as one violation of Massachusetts General Law, Chapter 138, and/or one violation of the Massachusetts Alcoholic Beverage Control Commission Rules and Regulations 204CMR, and/or Town of Reading local licensing regulations and any other law or regulation of the Town of Reading. Examples of criteria to involve penalties are based on the following: Severity and type of offense 3 - 13 Board of Selectmen Policies 11612009 030 4a. Number of prior offenses o General reputation of the licensee, and history of the licensed business The penalties are only a guide. The Licensing Authority may use its discretion in determining whether the facts surrounding a violation warrant a penalty which is more lenient or sever than that suggested by the guidelines. The penalties shall not be construed as to limit the Licensing Authority's ability to consider alternative dispositions or further conditions on a license, or even, a1 grnative penalties (e.g. rolling back of the licensees operating hours, suspension of the licensee's common victualers license, and/or suspending the licensee's entertainxrie q license.) 3.2.7.2 - Access to Premises by Police and Agents It shall be the responsibility of the licensee to posting a doorman or otherwise, to allow Polic A! Authority immediate entrance into the premises;`. Any delay in providing such access shall be cause :r"e{ that procedu p ,i,are in place, by d authorized ageiit'± 14 the licensing Y ti nk,,employees are o I=the `premises. tctionag}nst the License: ' 3.2.7.3 - Postine of Notice Whenever the Licensing Authority w`arirls, a licensee or su`spel~ds the license or licenses of any licensee, the Licensing Authority shall provide the licens'60;with a sign containing the words "Closed by order of the Licensing Autii'or , foi the Tow *!t'of heading," or "warning issued by the Licensing Authority of the Town ot-JReadzng'.alid stating the reason for the warning or suspension.This sign shall befF attached 1,~, the licensee on the inside of a window in a location d'igiite;1Qy the .Llcen'sng Authority which location shall be visible from the outside of flf licensed'px'emises in a conspicuous place during the entire period of such warning or suspe son. r 3.2.7.4 - Agents iifithe. Liceristn'g.Autliftift' The Licensing - uthorYty, hereb`,ikppolnt the Town Manager, Chief of Police and the Police Departs ent LieutenatntslAnd Sei' eants,;as agents of the Licensing Authority,to insure that the policies of the Licensing Autli9 ity and the Massachusetts State Laws regarding AlcohohcI3,everne Licensniare adhered to by all licensees. 3.2.7.5 - Combli ce Operations The Licensing Aiu brity{ Offill from time to time review with the Police Chief guidelines for compliance operatio s JvOy the Police Department. Revised - -08 3-14 Board of Selectmen Policies 11611009 03i arlson (in FY2409 Salary Camp ° ~o~ x0 Town Managers p o o 4.~% co rii 0' JO p~ 00 v `'t ! 1 it $131,546 1 $5,4001, $3,5001 $138,300 V 1 1 twn pay 1 500E t$ 131,546~ $4,73fl1 N1A4 $2, $3,0001 4 $144,830 32,0004$129,910,OOfl4 124,5231 t 100.0°l0?1100$030 4 t ,400,000 $300, $5,0004 ,926 Andover 1 29,70Z $75 1 $135,0001 $3,600 $2,2801 $119 North Andover 21,0001 $91333,1531 $132,300; $7,500 4 E + $169,839 4 5,670E $7,8001 1 , W estford 1 30,7621 , 114,0461 $1,23d1 $ $48 200,0004 $ $10,0004 E . 1 } $143,600 Tewksbury 1 14,000E 0001 $145,1391 E 1 North Reading 1 26,000; $80,000, 1 $24008 $2(}(}1CarproOded4 + ,183,201 > 1 1 $142,600. Danvers 22,393 $71 1251 $7,875 i E 1 i $3,6001 Wilmington t $63,700,0004 $133,1 t 4 1 1 12,975, 1 1 1 1Bedford 4 1 139,0001 1 t 1 38,000,000 $ 1 $116,600 1Burtingtan 1 12,0001 $ ` Lynnfield E 1 ? i 1 $2,100 1 $140,704 Wakefield 4 E 4 4 E 1 $11.4,500 1 .$1,6004 1 000,0004 139,1041 4 1 $116,524 1W lnchester 4 22,2001 $62; $ 4 ,641E $80,877,000 1 $454 $1,2001 1 1Stoneham 25 1 1 , ' $147,795 IBeimont $115,2791 1 ► 1 1 4 4 4 00t, 1 4Westborough 1 33,600E $86,786,8931 1 4 $2,500E $1,5 4ShrewsburY 1 130,0954 $8,0001 1 $6,700 1 $120,150 1 1 E. 1 1Natick 1 23,7364 $71,578,865 } $ } $3001 Dedham 1 1 $114,6504 $5,2004 ?1 % E 4 Milton 24,0004 $61,091,7261 E E 1 1 { 1 , ~ 1 E 1 4 W atpole 1 , 1 1 1 1 1 4Canton 1 E 4 1Marshfield 4 1 1 , $136,394 4Mansfield 1 1. ` $4,156 t $2,890 4 1 1 1 $6,229 $1,339 $ ,421 V-- , fl $124,570{ Average (of et the $128,331 ~ $fl1 $ 1 those who 9 23,572 $73,850,834 $01 $OE benefit) ` 1 0001 $124,5701 1 24,000E $67,223, $120,900 ~Feading (FYOB) 1 IC1*t-IN SHEET FOR..THE'BQARD OF SELECTME N MEETING DATE: h- jb, ..6 O 9 NAME J. el ADDRESS (Please print) ~ eP. ~~~~..i~_ to 1,,7~-~~.T" ~,~--VV"P . PJA C~ X k C4A~ 61 36171 ct~ 05bo qD ffid t-1 1 ~ • 1. ~ /3'l~/lr'~ a~ 3.~ ~~fo~ ~ c~~~