TOWN OF HULL RULES AND REGULATIONS FOR LICENSES AND PERMITS RECODIFIED DECEMBER 1992 AMENDED MARCH 29, 1994, AMENDED MAY 24, 2011

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1 TOWN OF HULL RULES AND REGULATIONS FOR LICENSES AND PERMITS RECODIFIED DECEMBER 1992 AMENDED MARCH 29, 1994, AMENDED MAY 24, 2011 Section I. Preamble and Introduction It is the intent of these Rules and Regulations to provide for the orderly operation of licensed activities within the Town of Hull. The town seeks to provide a sufficient number of licenses so that the public good and welfare are served. These Rules and Regulations are intended to facilitate the proper operation of licensed activities. Any questions regarding the meaning of same should be directed to the Board of Selectmen's Office. It is the obligation of each Licensee to resolve any issues concerning the meaning and applicability of these Rules and Regulations prior to there being a possible violation of same. This codification of applicable Rules and Regulations is set forth in different sections. However, the headings of same are for convenience purposes only and each Licensee is expected to follow all applicable Rules and Regulations regardless as to under what section it may be listed. Additionally, while these Rules and Regulations are intended to include the applicable Rules and Regulations, Licensees are subject to all applicable laws, rules and regulations, whether or not the same appear herein. Section II. General Rules Applicable to all Licensed Activities 1. The Licensee shall have a police and/or fire detail present on those occasions when required by the Local Licensing Authority or its designee, however in any event, it shall be the responsibility of the Licensee to determine when such special detail is necessary, in which event the Licensee shall take steps to obtain and maintain said special detail. 2. No Licensee shall participate in or permit any disorder, disturbance or illegality of any kind to take place in or on the licenses premises. The Licensee shall be responsible therefore whether present or not. The owner and/or manager of record shall be totally responsible for any violation or infraction of the law, these rules and regulations and disorders or disturbances of any kind which takes place on the licensed premises, whether or not they are present, including the actions of employees and/or entertainers. A) The owner and/or manager of record shall notify the

2 Hull Police Department ( ) by telephone immediately upon being aware of any violation or infraction of the law, these rules and regulations, disorders or disturbances of any kind that take place at, on or near the licensed premises or when any violation or infraction of the law, these rules and regulations, disorders, or disturbances of any kind are reasonably anticipated at, on or near the licenses premises. B) The owner and/or manager of record shall instruct the employees of the licensed premises as to the procedures to be utilized by them when a violation of these rules and regulations occur and shall give them a copy of these rules and regulations or have them posted in a conspicuous place where they may be read and shall make a telephone available for them to contact the Hull Police Department in order to report a violation or an anticipated violation, disturbance, disorder or any other violation or infraction of the law or of these rules and regulations. C) No disorder, disturbance or illegality of any kind shall take place in or on the licensed premises. 3. Other than occasional late openings or early closings, Licensees shall maintain regular hours of operation as stated on their licenses. Except as may be permitted by these regulations or other applicable law, any changes in the hours of operation or other cessation of the licensed business must be first approved in advance by the Licensing Authority based upon a written request from or on behalf of the licensee containing full details, including a schedule to resume normal operations, and any other relevant information requested. Permanent or temporary cessation of the licensed business or changes in hours of operation, including for such matters as repairs, vacations, illness, death, loss of lease or license premises, sale of business or the like, or bankruptcy to the extent applicable, must be approved in advance by the Licensing authority, except that in the case of illness or death the request shall be made as soon as practicable but in no event later then five (5) business days following the change in hours or cessation of business. In the event of the complete cessation or discontinuance of the licensed business, the Licensee must notify as indicated above the Licensing Authority in advance of such event and present a plan indicating the resumption within three (3) months of the business. This plan is subject to the approval of the Licensing Authority. The Licensing Authority may for good cause grant longer or shorter time periods. Licensees will not, except for good cause approved by the Licensing Authority, be permitted to

3 not exercise the license. Should a Licensee not exercise the license or operate the licensed business, except as permitted by these regulations or other applicable law, the Licensing Authority may hold hearings to cancel, revoke, suspend or not renew the license. 4. If any Licensee charges a "Cover Charge", an admission fee or an admission charge, such charges must be posted outside the licensed premises. This does not prohibit advance ticket sales. 5. Any Licensee who charges a cover or minimum charge shall post a sign that there is no minimum charge for alcoholic beverages. 6. A cover charge or minimum charge shall not be collected in advance of gaining entrance to the licensed premises and may only be charged upon the issuance of a written or printed receipt, permanently recorded and numbered. A copy of such receipt shall be given to each customer. 7. All licenses and building certificates shall be posted in an accessible place on the premises, available at all times to the proper authorities. 8. No Licensee shall make any distinction, discrimination or restriction on account of race, color, religious creed, national origin, sex or ancestry relative to the admission or treatment of any person. 9. Licensees shall immediately notify the Licensing Authority of any proceedings brought against them or any proceedings brought by themselves under the Bankruptcy Laws. Licensees shall immediately notify the Board of any court proceedings which may affect the status of the license. 10. No gambling machines are allowed on the premises and no gambling is permitted. Any use of any coin operated amusement device for gambling purposes may result in the suspension and/or revocation of the licenses assigned to said premises. No one under the age of twenty-one (21) shall be permitted to use any coin operated amusement device in any part of the premises in which alcoholic beverages are sold, unless accompanied by a parent or legal guardian. 11. No Licensee shall sell or use drugs or narcotics, except as prescribed by a physician. 12. A current list of employees shall be available upon request of authorized agents of the Local Licensing Authority. 13. The carrying and/or displaying of weapons or items by

4 patrons that are commonly used as weapons are forbidden on the licensed premises. 14. Renewal affidavits shall not be approved unless the Licensee completes the renewal application form in its entirety. 15. An unincorporated business that applies for a license shall file a business certificate with the Town Clerk. 16. In the event that any provision, section or clause of these rules and regulations is hereafter judicially found to be invalid or unconstitutional, such decision, invalidity or voidance shall not affect the remaining portion of the rules and regulations. 17. All applicants for a license or renewal of a license at the time of said application or filing for renewal thereof shall receive a copy of the current rules and regulations and shall sign a form indicating that they have received said copy, that they have read the same and that they understand the same and agree to be found by its terms and any amendments thereto. 18. Acceptance of a license shall constitute an acknowledgment that the licensee is subject to and agrees to be bound by all applicable laws, rules and regulations and that the Local Licensing Authority, after notice, may change, modify or amend said licenses. 19. All operators of Common Victualer Licenses and the managers for same shall be required to supply such information as deemed necessary by the board to determine the applicants fitness for the license, including a background check. 20. These rules and regulations are adopted and may be amended from time to time, by the Board of Selectmen of the Town of Hull, pursuant to the provisions of MGL Chapters 138 and 140. Any and all licenses issued by the Board of Selectmen either acting as the Board of Selectmen or as the Local Licensing Authority, shall be governed by these rules and regulations, the rules and regulations of the Alcoholic Beverages Control Commission, the applicable provisions of the Code of Massachusetts Regulations, and any and all other applicable laws, rules, regulations and bylaws. 21. These rules and regulations may be amended or modified, added to or deleted from time to time by the Board of Selectmen. All affected licensees shall receive notification of any such changes to the rules and regulations. It is the duty and responsibility of all licensees and managers

5 thereof to be familiar with the rules and regulations, the applicable laws and any amendments or changes thereto. 22. No licensee shall assume obligations for a licensed premises under any corporate or trade name other than that under which he or she is licensed. Any change I corporate name or any change in trade name (DBA) shall require the immediate notification to the board of said change. 23. The manager shall at all times maintain order and decorum in the premises and the immediately surrounding area of the premises and shall cooperate in all ways with public officials in insuring safe and orderly facilities and operation of the premises. There shall be no disorder, indecency, prostitution, lewdness or illegal activity on the licensed premises 24. The term Local Licensing Authority shall mean the Board of Selectmen acting as the authority for the issuance of any licenses or permits. Section III. Special Additional Rules Applicable to Liquor Serving Establishments 1. The "Official Opening and Closing Hours" are those which are designated on the licensee's liquor license. Licensee shall not change the hours of operation without prior approval of the Licensing Authority. 2. Last call shall be at least fifteen (15) minutes before the "Official Closing Hour". No alcoholic beverages may be served after the "Official Closing Hour". 3. Owners and employees must be off the premises no later than sixty (60) minutes after the "Official Closing Hour", provided however, that such owners and employees may be on the premises at any time for the legitimate purpose of cleaning, making emergency repairs, providing security for such premises or preparing food for the next day's business or opening or closing the business in an orderly manner provided, however, that said owners and employees shall contact the Officer-In-Charge of the Hull Police Department at and inform said officer of their presence on the premises, the names of owners and employees on the premises, their estimated departure time and the reason for their presence on the premises. No employees or owners shall serve or consume any alcoholic beverages before the "Official Opening Hour". Employees and patrons may remain on the premises after the "Official Closing Hour" for liquor sales, for the purpose of providing services pursuant to their Common Victualer License. 4. If it is necessary, for any reason, to have workmen or their employees on the premises after the time allowed for owners and employees as set forth in Rule #3 the owner, manager, employee must first obtain the approval of the

6 Licensing Authority or their Agent. Your request must contain the reason, the number of people, their names and the hours they will be on the premises. This information is to be provided to the Officer-In-Charge at the Hull Police Department at , as set forth in Rule #5. 5. In the event of an emergency that requires other than the owner and the employees on the premises after hours, you must call the Hull Police Department Officer-In-Charge ( ) and explain the nature of the emergency and supply him with the number and names of all persons on the premises. 6. No pitchers of any alcoholic beverages may be served later than one (1) hour before the "Official Closing Hour". No pitcher of any alcoholic beverages may contain more than sixty (60) ounces. 7. No sales or service of alcoholic beverage is permitted between 1:00 a.m. and 8:00 a.m. Monday through Saturday or between 1:00 a.m. and 11:00 a.m. on Sunday, the last Monday in May and Christmas Day or the day following when said day occurs on Sunday. 8. A) All glasses, bottles, cans, vessels, paper or plastic cups or any other containers of alcoholic beverages must be removed from tables and bars between 1:30 a.m. and 8:00 a.m., Monday through Saturday and between 1:30 a.m. and 11:00 a.m. on Sunday, the last Monday in May and Christmas Day or the day following when said day occurs on Sunday. B) All patrons must be off the premises between 1:30 a.m. and 8:00 a.m., Monday through Saturday and between 1:30 a.m. and 11:00 a.m. on Sunday, the last Monday in May and Christmas Day or the day following when said day occurs on Sunday, except in those establishments holding a Common Victualer License and actually engaged in the sale of food at or after the "Official Closing Hour" for liquor sales. 9. Bar lights and liquor advertising lights must of OFF between 1:20 a.m. and 8:00 a.m., Monday through Saturday and between 1:20 a.m. and 11;00 a.m. on Sunday, the last Monday in May and Christmas Day or the day following when said day occurs on Sunday. 9.A Providing notwithstanding the 11 am hours specified in Paragraph 7, 8 & 9 for holders of licenses under General Law Chapter 138 Section 12 the hours on Sundays, the last Monday in May and Christmas Day on the day following when said day occurs on a Sunday shall be such time between 10 am and 11 am so specified in a request filed with the licensing authority on a form issued by the licensing authority. 10. "Alcoholic Beverages" as used herein, shall mean any

7 type of alcoholic beverages, including wines and malt beverages, as defined in MGL Chapter 138, section No alcoholic beverages may be served, removed from or consumed outside the licensed premises such as a patio, roof garden or sidewalk unless such area is contained in the description of said licensed premises. 12. No more than two (2) glasses, vessels, bottles or any other type of containers or combinations thereof of alcoholic beverages may be in front of, possessed (by) or under the control of a patron at any one time. 13. Sales of alcoholic beverages to persons under twentyone (21) years of age are punishable by fine or by imprisonment or both. Clearing of glasses, vessels, bottles or any other type of containers or combinations thereof of alcoholic beverages may not be done by a minor (under eighteen (18) years of age). 14. No alcoholic beverages shall be sold or delivered to an intoxicated person. 15. The holder of an alcoholic beverages license may not change manager, change corporate officers, transfer stock, pledge the stock or the liquor license as security, reduce or extend the area of the licensed premises or change the physical layout of the premises without first obtaining the approval of the Licensing Authority and the Alcoholic Beverages Control Commission. 16. No person may have a direct or indirect beneficial interest in any type of liquor license without first obtaining the approval of the Licensing Authority and the Alcoholic Beverages Control Commission 17. Both clubs and commercial clubs must keep a roster of their members and membership cards must be shown when entering the licensed premises. 18. A commercial club is a club which holds a restaurant license and sells alcoholic beverages to be consumed on the premises. Such club must have a kitchen and provide food for members and their guests. 19. No minimum charge for the purchase of alcoholic beverages may be imposed upon any customer. 20. No Licensee shall impose a minimum charge for food and/or nonalcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than that posted minimum charge for food and/or non-alcoholic beverages. 21. Druggists may not display or advertise any alcoholic beverages. All such beverages must be kept out of the view

8 of the public. 22. Package Goods Store Licensees shall not extend credit to any customer unless the customer has an established credit account. Use of credit cards, such as MasterCharge, VISA, etc., is permitted. 23. A non-returnable one hundred dollar ($100) filing fee shall be charged the applicant of a new liquor license, including an application from a seasonal licensee for an annual license or the transfer of an existing license to a new licensee, the filing fee shall be in the form of cash or certified check or money order made payable to the Town of Hull and paid when the application is filed in the Selectmen's Office. 24. Extensions of seasonal Licenses: Provided that all taxes and other municipal charges then due have been paid and that the licensee or licensed premises are not the subject of any charge or violations or had been found within the year prior to December 1 to have committed any violations of any laws, rules, regulations or terms and conditions of its license, there shall be an automatic extension of the seasonal alcoholic beverages license for the period through January 15th. Licensee shall, however, first notify the Selectmen's Office of their desire for said extension and the license fee shall be pro rated accordingly. 25. Tag a Keg Procedure: A. The seller of a "KEG" containing alcoholic beverages of any quantity and of any size shall require positive identification of the purchaser. B. The seller shall require a $50.00 deposit and shall place a numbered band on the handle of the "KEG". C. The numbered bands shall be in numerical order and contain the name of the seller on same. D. The name, address and date of birth of the purchaser and band number shall be recorded in a permanently bound journal with numbered pages that shall be available during normal operating hours for inspection by an agent of the Licensing Authority and shall be kept for a period of three years. E. The seller shall inform all "KEG" customers that if the "KEG" is returned without the same numbered band attached to the handle the purchaser shall forfeit said $50.00 deposit.

9 26. Identification Cards: In accordance with MGL Chapter 138, section 34B, any licensee who reasonably relies on a liquor purchase identification card or motor vehicle license issued by the Massachusetts Registry of Motor Vehicles for proof of a persons identity and age shall be presumed to have exercised due care in making a delivery or sale of alcohol or alcoholic beverages to a person under 21 years of age and shall not suffer any modification, suspension, revocation or cancellation of such license. Licensees are advised that this is a rebuttable presumption. 27. Food Requirement for Restaurant Liquor Licenses: Licenses issued under MGL Chapter 138, section 12, for Restaurant or Innholder licensees, shall be issued only to duly licensed common victualer and innholders who have adequate and sanitary kitchen and dinng room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons, as required by MG1 Chapter 140. It shall be the obligation of all 28. Package Sales in Convenience/Grocery Stores: All licensed premises to which the public has a right of access to any days and times when the sale of alcoholic beverages is not permitted shall close off with suitable partitions, opaque curtains and the like sectioned during such times and days that the sale of alcohol or alcoholic beverages is not permitted. 29. Server Training: All managers shall be required to successfully complete an alcoholic beverage server training program such as the Intervention Procedures by Servers of Alcohol Program (TIPS) or its equivalent within three months of their being hired or within three months of the adoption of these Rules and Regulations. Upon satisfactory proof presented to the Local Licensing Authority, the Local Licensing Authority may waive or otherwise modify this requirement. All other employees who serve alcoholic beverages shall receive at a minimum, in-house training similar to that received under the TIPS program within three months of their hire or within three months of the adoption of these Rules and Regulations. Section IV. Special Additional Rules Applicable to Common Victualer Licenses 1. Common Victualer Licenses and Hearings- A hearing will be held on an application for a common victualer license when: A. The location had not previously within the last two years been licensed for a common victualer license.

10 B. There are proposed alterations or changes to the licensed establishment. If a location had been previously licensed for a common victualer license within the past two years from the date of the current application and the description of the premises will be the same, the Local Licensing Authority will not hold a special hearing on same unless a majority of the Local Licensing Authority so votes. If a hearing is to be held on an application for a common victualer license, the applicant shall at his own expense, give notice of said hearing by mailing a notice of same prepared by the Local Licensing Authority to all parties in interest, meaning abutters, owner of land directly opposite on any public or private street or way and abutters to the abutters within three hundred feet of the property line, all as they may appear on the most recent applicable tax list as certified by the Board of Assessors. The applicant shall submit an affidavit as to said notice. Any change in the description of a licensed premises shall require the prior approval of the Local Licensing Authority. 2. No alcohol to be brought onto premises: Patrons are not permitted to bring alcoholic beverages onto the premises for their own consumption. Licensees shall not permit patrons to bring alcoholic beverages onto the premises for the use of the patrons thereon, nor shall licensees permit patrons to use alcoholic beverages on the premises, unless the same have been purchased on the premises from a duly alcoholic beverages licensee. Licensees, except those also possessing an alcoholic beverages license, are not permitted to keep alcoholic beverages on the premises except for a reasonably small quantity that is used in the preparation of certain specialty foods. The Local Licensing Authority will, in its discretion, determine what is reasonable for this purpose and whether or not it is customary in the preparation of such specialty foods. Section V. Special Additional Rules Applicable to Entertainment Licenses. 1. All licensed premises which have a capacity as fixed by the Building Commissioner or State Building Inspector in excess of 100 persons and which have an entertainment license for live entertainment may be required to provide police officers for the protection of the public. If the Licensing Authority deems it necessary for the public safety, it may require police and/or fire details on any particular date. 2. All entertainment shall be so conducted that no noise shall be audible under any circumstances, upon the sidewalk adjoining the licensed premises or upon any abutting premises. All amplifiers shall face the licensed premises

11 and not the street. The operation of any radio, phonograph, musical instrument, machine or device between the hours of 11:00 p.m. and 7:00 a.m. on weeknights and 12:00 p.m. and 7:00 a.m. on weekend nights in such manner as to be plainly audible at the distance of 50 feet from the licensed premises shall be prima facie evidence of a violation. 3. Hotels, restaurants, clubs and commercial clubs may have music and/or amusement machines; however, separate licenses must be obtained for each. 4. The hours of operation on Sunday for an entertainment license shall generally be from 2 in the afternoon until 12 midnight. 5. Entertainment Licenses and Hearings- A hearing will be held on an application for an entertainment license when: A. The location had not previously within the last two years been licensed for the same type of entertainment. B. There are proposed alterations or changes to the licensed establishment or entertainment permitted under a current license. If a location had been previously licensed for the same or substantially similar entertainment within the past two years from the date of the current application and the description of the premises will be the same, the Local Licensing Authority will not hold a special hearing on same unless a majority of the Local Licensing Authority so votes. If a hearing is to be held on an application for an entertainment license, the applicant shall at his own expense, give notice of said hearing by mailing a notice of same prepared by the Local Licensing Authority to all parties in interest, meaning abutters, owners of land directly opposite on any public or private street or way and abutters to the abutters within three hundred feet of the property line, all as they may appear on the most recent applicable tax list as certified by the Board of Assessors. The applicant shall submit an affidavit as to said notice. Any change in the description of a licensed premises shall require the prior approval of the Local Licensing Authority. 6. All such entertainment and entertainment licenses are subject to the provisions of MGL Chapter 140, section 183A and MGL Chapter 136, section 4, as well as all other applicable laws, rules and regulations. Miscellaneous

12 The applicant for common victualer, entertainment and all-alcoholic licenses shall attach a floor plan, and add ample space to supply the opening date. The entertainment license application shall have enough blank space for listing pre-recorded music. Section VI. Enforcement 1. The licensed premises shall be subject to inspection by the Police, the Alcoholic Beverages Control Commission, the Licensing Authority and duly authorized agents of the Licensing Authority as well as other public officials pursuant to their authority and responsibility. 2, All licenses are subject to suspension, revocation, cancellation or forfeiture for breach of its conditions, rules, regulations or any local, state or federal law, rule or regulation after proper notice and hearing. 3. Any suspension or revocation or forfeiture of an alcoholic beverage license may also require that all other licenses held by the licensee be suspended, revoked or forfeited at the same time. 4. The Local Licensing Authority has adopted a two-part hearing process to be used in the event that it receives notification from the Hull Police Chief, alleging that the Licensee has violated either these regulations or the Alcoholic Beverages Control Commission's regulations for licenses issued under MGL Chapter 138 or any other applicable law, rule or regulation. Under Part One of the procedure, you or your attorney, after receiving notification from the Licensing Authority, have the option to confer on the subject of the violation with the Town Counsel and Chief of Police within five (5) days after receipt of the notice. If an agreed upon recommendation as to the disposition of the charges can be reached, the recommendations will be presented at a specified hearing date to the Licensing Authority for final approval. Under this procedure, a full hearing with the expense, inconvenience and time consumption of witnesses, etc., will not be required. You or your attorney may be required to address the Licensing Authority in support of the recommendation. If the Licensing Authority does not agree to the recommendation or if you do not wish to utilize Step One or if a joint recommendation cannot be arrived at, Step Two will be utilized. Under Step Two, a full adversary hearing, with witnesses, is held before the Licensing Authority and a determination is made by the Licensing Authority as to whether the violations occurred and what the disposition shall be. This will take place at a specified hearing date

13 if step One is not going to be utilized. 5. The Hull Police Chief and/or his designee are agents of the Licensing Board (Board of Selectmen) and are charged with the enforcement of the rules and regulations. 6. To the extent practicable, all allegations of violations of these Rules and Regulations, any other laws or any term and condition of a license shall be brought to the attention of the Local Licensing Authority as soon as possible. The Local Licensing Authority shall review said allegations to determine whether a hearing should be scheduled on same or other administrative action taken. 7. Violations, Suspension, Cancellation, Revocation or Modific All licenses are subject to a suspension, revocation or modification for breach of any of its terms and conditions, rules, regulations or laws. The Local Licensing Authority reserves the right to change or add to any license or permit its terms and conditions after notice to the licensee and an opportunity to be heard, or to any rules and regulations. Section VII. Other Licenses and Permits A. Hackney Badges All applicants for hackney badge licenses shall be required to appear before the Board of Selectmen for review of their application. The Board may, for good cause, waive this requirement. B. Utility Permits For any hearing to be held on a request from a utility or contractor to open streets or otherwise utilize the public way or a way considered a public way or town property for a grant of location, to install lines in a new location or replace an existing line, unless waived by the Board of Selectmen the applicant shall be responsible at its expense for notifying abutters to the project site of the hearing and shall submit at the hearing satisfactory proof of such notification. The applicant shall include with said request and presentation at the hearing(s) maps or plans showing the work area and additional information as may be requested by the town. (5/24/2011)