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HomeMy WebLinkAboutJ&J Auto Class II Auto Complaint 03 20 23 To: J&J Auto 381 Camp Street West Yarmouth/Hyannis, MA 02601 RE: MANDATORY LICENSING AUTHORITY PUBLIC MEETING DISCUSSION Date: March 8, 2023 On February 16, 2023, our office received a complaint from the Town of Yarmouth indicating a possible encroachment of vehicles onto Yarmouth Town Property at 381 Camp Street, West Yarmouth/Hyannis. On February 16, 2023, our office contacted Consumer Affairs Officer Chris Kelsey and requested a compliance check of the property. On February 19, 2023, Officer Kelsey conducted a compliance check and determined that a total of 19 vehicles for sale were on display and that several were parked on Yarmouth property. The current Class II Auto Dealer license allows for 5 display vehicles on Hyannis property. This is a violation of Licensing Authority Rules & Regulations, 509-4 (c) & (e) as well as 509-5 (c). Further, Officer Kelsey noted there were no hours of operation posted as required by the Licensing Authority Rules & Regulations, 509-2 (c) General Provisions. At the time of his visit, Officer Kelsey advised Mr. Imad of the violations and instructed him to correct the issues immediately. As of the evening of March 6, 2023, the number of display vehicles is still over the 5 that are allowed by the Class II Auto Dealers License. Due to the failure to comply by reducing the number of display vehicles, this letter serves as notice and invitation for your presence at the Licensing Authority Public meeting on Monday, March 20, 2023 at 9:30am, at Barnstable Town Hall, 367 Main Street, 2nd Floor Hearing Room, Hyannis, where a discussion will take place to determine if there is a need to call for a Show Cause Hearing that could either suspend, modify, or revoke your license. Please refer to Licensing Authority Rules & Regulations 501-5 (B) regarding mandatory attendance. If you have any questions regarding this matter, please do not hesitate to contact me directly. Respectfully, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing cc: Barnstable Licensing Authority Consumer Affairs Officer, Chris Kelsey Town of Yarmouth Licensing, Dakota Prue Town of Barnstable Licensing Division 367 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: 508-862-4674 Fax: 508-778-2412 Erin Logan Page 35 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 PART V: LICENSING AUTHORITY RULES AND REGULATIONS 509 AUTOMOBILE SALES 509-1 DEFINITIONS a)CLASS I means any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto,and further defined by MGLc.140 §58. b)CLASS II means a person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles,upon the sale of each vehicle, and subject to conditions as defined in MGLc.140 §58. c)CLASS III means a person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted a motor vehicle junk license. 509-2 GENERAL PROVISIONS a)It is prohibited for any person or business to engage in vehicle sale activity without an appropriate license issued by the Licensing Authority. b)The applicant/licensee must prove sale of vehicles is principal business. c)A sign is required on the property, whether it is a free standing sign or displayed in the door or window, listing the name of the business and hours of operation. d)All dealerships shall have a repair facility or provide repairs themselves (provided repairs are allowed on premise). Location of repairs will be available and listed on the application and renewal of the license. This information shall be provided yearly. e)A 'Notarized Letter' stating where repairs will be performed to satisfy the warranty obligations imposed by section 7N.25 of M.G.L., Chapter 190 must be submitted with each application and renewal. f)All licensees may use a computer-generated version of the Used Vehicle Inventory Book, so long as it is approved by the Mass. DOR. g)An inspection of the Used Vehicle Inventory Book for each dealership shall be conducted by the police/inspector, at least once a year. h)All Class II dealers who do not display vehicles on the licensed property or who only conduct business via the internet, shall submit to the Licensing Authority a quarterly report of all vehicle transactions, as delineated in the Used Vehicle Inventory Book. i)“Internet Only” operations may only be allowed in permitted zoning districts permitted for class II operations and may not, on or off licensed premises, store or display any vehicle for sale to the public or conduct business via pedestrian sales. j)Each licensee must comply with MGLc.90 §7N1/2. k)All Class II licenses are required to carry, at minimum, $25,000.00 Bond. l)All vehicles that are for sale which are parked outside of a building must be in saleable and drivable condition. Page 36 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 m)Licensing Agents for the Town of Barnstable will perform inspections throughout the year to ensure the license holder is in conformance with the restrictions of that license. 509-3 PHYSICAL PREMISE a)All signs, flags and other forms of outdoor display must be approved by the Building Department. b)No spare or junk parts may be stored outside of a building. No repair work may be conducted outside of a building except for minor emergency or reactive repairs to be completed by the end of the workday. Scrap metal must be kept in a recycling container and emptied on a regular basis. c)Properties must be kept clean and maintained at all times. d)Any outdoor lighting must not impose on any abutting properties. 509-4 VEHICLE DISPLAY –PARKING PLAN a)An approved parking plan shall be available on site for any inspections. b)All spaces delineated on the approved parking plan shall be marked out with lines, on the surface of the property,except for lots that are storage or non-asphalt surfaces.Existing licensed premises or existing storage lots may be of non- asphalt surfaces; however surfaces may not be altered from paved to non-asphalt at any time. c)Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces Handicap accessibility,and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amend license applications. d)A physical vehicle count may be conducted quarterly by the police/inspectors of all Class I and Class II dealerships. e)Motor vehicles for sale or lease may not be displayed less than 10 feet from property line. 509-5 CHANGES IN OPERATION Prior to any changes in operation, the licensee must apply to the Licensing Authority for a license which will include the proposed change, if such change involves any of the following: a)Sale, transfer or any change in ownership of the licensed premises; b)Incorporation or other business organization procedures which may distribute ownership and/or liability of such business in a manner different than as set forth in the current business organization of the licensee. c)Expansion of that portion of the premise occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application. d)Removal of a substantial portion of the licensed activity to a different premise than those set forth in the previous license. e)A change in the licensed activity which constitutes a substantial portion of the licensed activity being conducted in a license classification for which the licensee is not licensed. f)A change in principal business activity of the licensee. Best regards, Erin Logan Interim Deputy Director of Asset Management & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 Barnstable Licensing Authority – Rules and Regulaons From: Logan, Erin Sent: Thursday, February 16, 2023 2:12 PM To: 'Prue, Dakota' Cc: Kelsey, Chris; Anthony, David Subject: RE: J&J Auto Thank you, Dakota! I certainly appreciate your partnership. I will loop in our Consumer Affairs Officer to have him check the plan. Please let me know what you find out on your end. Best regards, Erin Logan Interim Deputy Director of Asset Management & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 Barnstable Licensing Authority – Rules and Regulaons From: Prue, Dakota [mailto:DPrue@yarmouth.ma.us] Sent: Thursday, February 16, 2023 1:46 PM To: Logan, Erin Subject: FW: J&J Auto Hi Erin, Thank you for sending me the copy of their license. I have received this complaint regarding that locaon. However, they are not licensed here in Yarmouth. It seems as though they have cars on the Yarmouth side of the property. I am reaching out to Town Counsel regarding this to see if he thinks they should have a license here. Also, it seems as though they have more than five cars for sale on the property. I just wanted you to be aware. Thank you, Dakota Prue Finance Technician/Licensing Administrator Town of Yarmouth Aenon!: This email originates outside of the organizaon. Do not open aachments or click links unless you are sure this email is from a known sender and you know the content is safe. Call the sender to verify if unsure. Otherwise delete this email. 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 Ext. 1268 DPrue@yarmouth.ma.us From: Joe Hall <hallmasonryri@gmail.com> Sent: Thursday, February 16, 2023 8:05 AM To: Prue, Dakota <DPrue@yarmouth.ma.us> Subject: J&J Auto Good morning, My husband Joseph and I purchased a 2007 Chevrolet Avalanche January 7,2023 at J&J Auto, 381 Camp St.,West Yarmouth,MA. In the amount of $9,875. We live in Newport,RI. Truck was registered and inspected in RI. When we brought this vehicle to our mechanic on February 3rd, because of the overwhelming smell of anfreeze inside the cabin of the truck, he informed us the truck had extremely serious issues and was unsafe to drive. When we bought the truck we, as well as the dealers smelt this anfreeze. We were assured 'the smell would dissipate over me, just some anfreeze that must have been spilt on the engine.' We called J&J Auto Feb.3rd and le a message with Hassan, the Manager informing him of the findings. We then called back again Feb.3rd and spoke with the owner Jay and told him the truck was unsafe to drive and a health issue. He told us, 'Hassan was out of the country and would return Tuesday the 7th and he was the only one that knew about this vehicle.He has to tell us what to do.' We told Jay our Warranty was up on Tuesday the 7th and he assured us they would honor it and fix the problem. On Tuesday the 7th we called J&J and spoke with Hassan. He told us he would have to ask Jay what to do about this and get back to us. When we did talk to Hassan Wednesday the 8th, he said the owner would put a strap on the gas tank if we brought the truck down. And that's all he's willing to do.Your truck is out of warranty, you are well beyond the warranty.We are doing this out of a good will gesture." The owner Jay and the manager Hassan shied responsibility of the vehicle back and forth unl warranty was up. Even though we spoke to the owner on the 3rd, four days before warranty was up and described how many safety and health issues the truck had. We needed our money back or truck repaired. They violated the Warranty which states in part; "All vehicles are Warranted as a maer of state law. They must be fit to be driven safely on the roads.. If you have significant problems with this vehicle, you should nofy the dealer immediately. He may be required to fix the car or refund the money." We did a Challenge Inspecon with the State Dept of Inspecons who took the plates and vehicle off the road. Deemed UNSAFE to drive. This vehicle was brought to a shop to inspect for repair. The cost to repair the truck was more than what we purchased the truck for. The mechanic couldn't even get the strap on the gas tank because there was nothing to aach it to, everything was roed. The issues were the heater core was broken and anfreeze fumes coming into the cab of the vehicle; the manifold was missing 4 bolts causing exhaust fumes into the cabin of the truck; the frame was roed and the gas tank was missing a strap. The combinaon meant at any me the gas tank could fall out and blow up. If we had not brought the vehicle to the mechanic due to the smell of anfreeze inside the truck we would sll be driving not knowing we were in a death trap. Not only for us and our family but for others on the roads. This was a definite safety and health issue. These dealers chose to ignore. Thank you. Sincerely, Joseph and Marilyn Hall -- Joe Hall Hall Masonry 847-1785 Naonwide Contractors Insurance License #20231 CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open aachments or reply, unless you recognize the sender's email address and know the content is safe! 500.00 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 83042 Feet feetApprox. Scale: 1 inch =42 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on:2/16/2023 Parcels Town Boundary Railroad Tracks Buildings Approx. Building Buildings Painted Lines Parking Lots Paved Unpaved Driveways Paved Unpaved Roads Paved Road Unpaved Road Bridge Paved Median Streams Marsh Water Bodies 500.00 This map is for illustration purposes only. It is not adequate for legal boundary determination or regulatory interpretation. This map does not represent an on-the-ground survey. It may be generalized, may not reflect current conditions, and may contain cartographic errors or omissions. Parcel lines shown on this map are only graphic representations of Assessor’s tax parcels. They are not true property boundaries and do not represent accurate relationships to physical objects on the map such as building locations. 83042 Feet feetApprox. Scale: 1 inch =42 Legend Town of Barnstable GIS Unit 367 Main Street, Hyannis, MA 02601 508-862-4624 gis@town.barnstable.ma.us Map printed on:2/16/2023 Road Names YarmouthHyannis TOWN OF YARMOUTH 1146 Route 28, South Yarmouth, MA 02664 508-398-2231 ext. 1261 Fax 508-398-0836 Office of the Building Commissioner VIOLATION NOTICE JJ Imad Enterprises LLC C/O Sav On Gas INC 381 Camp St. West Yarmouth, MA 02673 February 17, 2023 RE: 381 Camp St – H4 – Auto sales This letter constitutes a formal zoning enforcement order under MGL Ch 40A. Dear Mr. Imad, It has come to the attention of the Building Department that vehicles are on display for sale on this property without the required relief from the Zoning Board of Appeals. This is a violation of Section 103.1.1 of the Town of Yarmouth Zoning Bylaw; 103.1.1 Compliance certification. Buildings, structures or land may not be erected, substantially altered or changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning, or without review by him regarding whether all necessary permits have been received from those government al agencies from which approvals required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification. Failure to comply with the Town of Yarmouth Zoning Bylaw is subject to fines and penalties as allowed per section 101.3 101.3 Penalties. Any person violating any of the provisions of this bylaw shall be fined not more than three hundred dollars ($300.00) for each offense. Each day that such violation continues shall constitute a separate offense. You are hereby ordered to abate and or correct said violations or seek relief from the Zoning Board of Appeals as allowed by MGL Ch 40a §7 & §15.You are required to respond within 7 days of receiving this letter. You also have the right to appeal this decision with the Zoning Board of Appeals within 30 days of this letter. Questions regarding this matter may be directed to this department. Very Truly, Tim Sears CBO Deputy Building Commissioner Town of Yarmouth C: Board of Appeals, Dakota Prue, Brian Florence 1 Logan, Erin From:Logan, Erin Sent:Friday, March 31, 2023 9:37 AM To:'Savon Gas' Subject: J&J Auto - Mandatory Licensing Public Hearing SHOW CAUSE HEARING NOTICE Attachments:J&J Auto Legal Ad 04 10 23.pdf Importance:High Good morning, Mr. Imad, Kindly see the attached legal ad advising of a Show Cause Hearing to be held on Monday, April 10, 2023 at 9:30am at Barnstable Town Hall, 367 Main Street, Hyannis. Appearance of yourself or your appointed representative is required. Said letter has been forwarded to your attention via Certified mail. Please feel free to call or email me with any questions as I am here to assist! Best regards, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 In-office hours: Monday – Thursday, 8:30am to 4:30pm excluding holidays! Available Monday – Friday via email, phone and Zoom! Barnstable Licensing Authority Rules & Regulations Barnstable Mission: Protect the Town’s quality of life and unique character; Engage our citizens; Enact policies that respond to and anticipate the needs of our community. For updated information on the Town of Barnstable's response and resources related to COVID-19 visit www.BarnstableHealth.com. Page 1 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 TOWN OF BARNSTABLE RULES AND REGULATIONS Page 2 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 LICENSING RULES AND REGULATIONS TABLE OF CONTENTS TOWN OF BARNSTABLE CODE -PART V SECTION 501 PAGE 3 GENERAL RULES FOR ALL LICENSED BUSINESSES SECTION 502 PAGE 13 ALCOHOLIC BEVERAGES SECTION 503 PAGE 21 ENTERTAINMENT SECTION 504 PAGE 25 COMMON VICTUALLER SECTION 505 PAGE 26 INNHOLDER/HOTEL SECTION 506 PAGE 28 LODGING HOUSE SECTION 507 PAGE 29 NON-INTOXICATING BEVERAGES SECTION 508 PAGE 30 SECONDHAND/JUNK DEALER SECTION 509 PAGE 35 AUTOMOBILE SALES SECTION 510 PAGE 37 FORTUNE TELLER TOWN MANAGER RULES AND REGULATIONS 406B PAGE 38 PEDICAB AND PEDICAB OPERATOR 406A PAGE 43 OPEN AIR PRIVATE PARKING LOT APPENDIX APPENDIX A PAGE 45 LICENSING FEES APPENDIX B PAGE 47 ABUTTER NOTIFICATION AND LEGAL AD REQUIREMENTS APPENDIX C LICENSING POLICIES PAGE 48 16-01.HANDICAP ACCESSIBILITY PAGE 49 16-02.LEGAL AD BILLING Page 3 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 PART V: LICENSING AUTHORITY RULES AND REGULATIONS 501 GENERAL RULES FOR ALL LICENSED BUSINESSES In addition to any other pertinent section within Part V of the Town of Barnstable Code, all licensed businesses are subject to the following General Rules and Regulations 501-1 DEFINITION a)Whenever the word "licensee" is used herein it shall mean an individual licensee and each member of a partnership licensee and each officer, director, manager, and stockholder of a corporate licensee and any agent of a licensee including those employees who work in the public areas of the premises. b)The term “Year-round”or annual shall mean a business that operates no less than 11 months in a calendar year. c)The term “seasonal” shall mean a business that operates less than 11 months in a calendar year.Seasonal alcohol licenses shall be valid for any duration between April 1 and January 15th each calendar year. d)The term “Cover Charge” shall mean all admission fees or admission charges. e)The term “premise” shall mean a parcel along with other appurtenances and including all structures, houses or buildings, occupied by a business or considered in an official context.Specific areas where alcohol is permitted is defined in description on license, approved by both Licensing Authority and ABCC. 501-2 REQUIREMENTS OF LICENSURE a)No individual or establishment may conduct any business which requires a license without first obtaining a valid license. b)No license is to be issued unless the fees as established by the Town Council and set forth in Appendix A, have been paid. 501-3 CONDITIONS IMPOSED ON LICENSES a)At the discretion of the Licensing Authority, conditions may be imposed upon the licensee to protect the public welfare. 501-4 AVAILABILITY OF RULES AND REGULATIONS a)All licensees of the Licensing Authority for the Town of Barnstable shall ensure that a copy of the rules and regulations of the Licensing Authority is kept on the premises at all times and is immediately available for inspection upon request by a member of the public or an agent of the Authority, or any police officer. b)The rules and regulations need not be posted but must be readily accessible to a requesting party within several minutes of the request. 501-5 RESPONSIBILITIES OF LICENSE HOLDER a)The licensee is responsible for ensuring that all employees who work in the public areas of the premises read the rules and regulations of the Licensing Authority and comply with all rules and laws. b)License holders are required to attend any and all mandatory meetings held by the Licensing Division or any Town of Barnstable Division as related to the business operation. c)Licensees shall maintain a current list of all of their employees and shall have it available at all times for inspection upon the request of a police officer or an authorized agent of the Licensing Authority. Licensees who contract with entertainment entities to provide entertainers must maintain a current list of the Page 4 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 names of such entertainers, and said entertainers shall be held to the same rules as other employees at the premises. d)Unless otherwise stated, licenses expire on December 31 of each year. Applicants are responsible for obtaining an approved license each year, prior to opening for business.(See Appendix A) e)The applicants will be responsible for obtaining any required Town Board approvals or department permits prior to applying for a new or transfer license. An exception is made in the event that a Zoning Board of Appeals appeal made prior is in effect, at which time an applicant may advertise for a hearing for a license provided that the date of the license hearing occurs after the ZBA appeal period is ended (20 days from the date of filing with the Town Clerk). f)The Licensing Authority requires all new applicants, transfer and amended license applications to come before the Authority for approval. g)Applicants are responsible for providing either a Worker’s Comp Certificate of Liability Insurance with the Town of Barnstable Licensing Authority named as the certificate holder, or a Worker’s Comp Insurance Affidavit. In addition, the applicant is responsible for completing and submitting all required forms (such as, but not limited to, application, renewal affidavit, floor plans, certificate of inspection) prior to being scheduled on Licensing Authority meeting agenda. h)The license holder is responsible for the proper management of the premises, according to the provisions of relevant General laws of the Commonwealth or relevant Ordinances or Codes of the Town of Barnstable, any rule or regulation of any Town of Barnstable agency or of the Alcoholic Beverage Control Commission, any business plan or management policy of said license holder, or of any other means as determined by the Licensing Authority, so that unlawful acts or unlicensed activity does not occur on the licensed premises. i)The License holder will maintain the orderly appearance and operation of the premise with respect to litter. j)Licensees who use a valet parking service shall be responsible for ensuring that valet parking is conducted in an orderly manner without undue noise, without undue blocking of traffic lanes, and without the violation of any laws or authorized parking programs. k)Licensees who have agreed to a parking program as a condition of their license must adhere to such program except upon exemption by the Licensing Authority. 501-6 POSTING REQUIREMENTS a)No business requiring a license from the Licensing Authority shall operate without a valid license posted. b)Licenses issued by the Licensing Authority, and all other licenses, permits and certificates affecting the licensed premise must be posted in a conspicuous place easily seen by the public where they can be read without difficulty and without recourse to the assistance of employees at the premises. c)Licensees shall not permit entrance to the premises by more persons than the number approved by the Building Commissioner for the capacity of the premises minus the number of employees working in the public areas at the time. Every room licensed for public occupancy shall be conspicuously posted at each entrance, clearly visible to patrons as they enter, with a statement of maximum occupancy. The statement must be clearly printed on permanent stock with white letters and numbers, no less than one inch high, printed on a dark contrasting background. Handwritten statements or statements on paper or cardboard are not permitted. The statement shall be permanently affixed and secured and Page 5 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 maintained in a clearly visible state. The statement shall contain the language "MAXIMUM CAPACITY OF THIS ROOM _____ PERSONS." The number of allowable persons included in the statement shall be that number approved by the Town of Barnstable Building Department. Whenever a section of a room is separated by an attached or secured wall, railing, divider, drink rail, or other partition, it shall be considered a separate room and all such sections shall be posted as separate rooms. d)All cover charge or other admissions policies SHALL BE CONSPICUOUSLY POSTED. e)No licensee may require any person to pay a minimum charge or cover charge unless a sign is conspicuously posted at every entrance to any dining room or rooms where such charge is required, in letters no less than one inch in height, stating that a minimum charge or cover charge shall be charged and also stating the amount of charge; provided, however, that no such licensee shall require a person under 13 years of age to pay a minimum charge or cover charge. Such cover charge shall not be collected in advance of gaining entrance to the licensed premises, and can only be charged upon a written or printed receipt, permanently recorded and numbered seriatim, presented to each individual customer or group of customers. Records of such receipts shall be kept by the licensee for a period not less than two (2) years. Such charges must also be posted on the outside of the licensed premises. Nothing in this regulation shall be constructed to prohibit advance ticket sales. f)A licensee who charges a minimum charge for the purchase of food and/or nonalcoholic beverages shall include a specific statement in the posting stating that there is no minimum charge for alcoholic beverages. Such minimum charge for food and/or nonalcoholic beverages shall not be collected in advance of gaining entrance to the premises. g)No licensee may institute dress requirements of any kind except according to the following rules: 1)No signs may be posted which state “Proper dress required”or which otherwise announce a dress policy without stating specifically, item by item, what dress is required or what dress is prohibited.(Examples: “Jackets required”, “Ties and jackets required”, “Shirts with collars required”, “No Sneakers”.) 2)No requirement may be made as to the type of shoes or the height of heels which may be worn; provided however, that reference may be made to the admissibility or non-admissibility of sneakers or other soft athletic shoes or open shoes such as sandals. 501-7 ADMISSIONS TO THE PREMISES a)No licensee may permit any rule, policy, or action, express or implied, which makes any distinction, discrimination, or restriction on account of race, color, religious creed, national origin, sex,sexual orientation,physical or mental disability, or ancestry, or on account of any other classification relative to the admission or treatment of persons from the general public or employees at the licenses premises; provided, however, that premises licensed pursuant to §12 of the General Laws,Chapter 138, may make rules regulating the admission of minors to the premises when such rules are not inconsistent with other rules and regulations stated herein; provided, further, that private clubs licensees may not discriminate, as aforesaid, with regard to guests at the licensed premises or with regard to who may be invited to the premises as a guest. Page 6 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 b)No licensee may issue special admissions passes or “VIP” cards except according to the following rules: 1)A licensee may issue special passes. 2)The special passes must state the calendar year on the face of the pass. 3)The special pass may not entitle the passholder to free drinks or to a discount on drinks. 4)The licensee must keep a list of the names and the addresses of all passholders and must have such list available if requested by the Licensing Authority. 5)The licensee is responsible for ensuring that persons are picked to be passholders on a rational basis and not on any basis that invidiously discriminates. c)Licensees who permit persons to wait in line for a table or a seat or for entrance to the premises must obey the following rules: 1)Persons who wait inside the premises must be kept in an orderly line and must not be permitted to block fire aisles or exits. The number of such persons waiting inside the premises may not exceed the number of persons allowed as standees. 2)Persons who are permitted to wait in line outside the premises must be supervised by an employee of the licensed premises. Such employee must stand outside with the line during all times when the line exceeds 10 persons and shall announce no further admissions to the premises if persons in the line are being loud or disorderly or if the line is blocking the sidewalk or is of a size that could reasonably be expected to cause noise or other problems for residents of the area or for passersby. To the extent that lines in front of a licensed premises become the subject of public complaints the licensee will have been deemed to be inviting a public nuisance and will be subject to disciplinary proceedings for same. Licensees in residential zoning districts or within 150 feet of a residential zoning district are not permitted to allow patrons to wait in line outside the premises. d)Licensees may refuse entrance to the premises to a person who appears to be intoxicated or unruly and may evict such a patron, except that in such a case the licensee will call the police and will offer assistance to an intoxicated or disruptive patron or person trying to gain entry when possible, if the employee finds, with reasonable discretion or opinion, such person poses a risk to the public or him/herself. e)Licensees are not permitted to lock the front door of the premises until the last patron has exited from the premises. 501-8 HOURS OF OPERATION a)The hours of operation shall not exceed the hours approved by the Licensing Authority. b)Licensees shall ensure that their patrons leave the premises in an orderly manner. c)Licensees are not permitted to allow any patron or any guest or any employee who is not working that shift to enter the premises after the closing hour posted on the license or prior to the opening hour posted on the license. d)Licensees are not permitted to have persons, including employees, on the premises except during the following hours: 1)The hours on the license,except that patrons who are already on the premises at closing hour may remain on the premises for up to 1/2 hour after closing time; provided, however, that no new patrons are admitted after Page 7 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 closing time and that no drinks are served after closing time and that no food is served after closing time. 2)The owner, manager, and employees may be on the premises after hours but only if they are actively engaged in cleaning, making emergency repairs to, or providing security for such premises or preparing food for the day's business or opening or closing the business in an orderly manner.The Police must be notified if employees are going to remain after 2:00am for closing and/or cleaning.No other persons, friends, or relatives may be on the premises with the owners, managers or employees of licensed premises during the hours when the public is excluded from the premises. e)Licenses are granted to serve the public need and to that end licensee are expected to operate the license for a substantial number of hours on all days when the premises are permitted to be open under the terms of the license. f)Any licensee intending to close its place of business for a short-or long-term during regularly scheduled dates of operation must notify the Licensing Authority in writing before such closing and state the reason for such closing. g)In the case of alcoholic beverages licenses closing for a short-or long-term,see Chapter 502 for further specifics. 501-9 PHYSICAL PREMISES a)Licensees are responsible for maintaining a legal right to the premises which is covered by the license. b)No licenses shall issue or shall be considered in good standing unless licensed premises comply with all statutory requirements, including all applicable building codes, fire, health, safety, trash, state and local tax obligations and other government regulations and laws. c)The licensed premises shall conform to the floor plan approved by the Licensing Authority with regard to the structures and the walls at the premises, as well as with regard to all tables, chairs, booths, bars, counters, barstools, dance floors or areas, railing partitions, and other barriers at the premises. Any changes in the floor plan or any renovations of any kind may not be made without notification to the Licensing Authority and the approval of the Licensing Authority. This includes substantial changes in the arrangement of moveable furniture. d)All premises covered by the license shall be kept in a clean and sanitary condition. e)No outside area may be used as a gathering place for patrons unless approved by the Licensing Authority. f)The premises shall be lighted in all public areas in a manner sufficient for the safety of the patrons and in a manner sufficient for the agents of the Licensing Authority to make observations at the premises without the need to identify themselves or the need to seek assistance. g)The capacity set for the premises by the Building Department constitutes the maximum potential capacity for the premises but the actual capacity of the premises may not exceed the amount approved by the Licensing Authority and stated on the license. h)All licensed premises shall be subject to inspection by the Police Department of the Town of Barnstable and other duly authorized agents of the Licensing Authority. i)No device or electronic equipment shall be utilized by a licensed premise for the purpose of signaling employees that police officers or agents of the Licensing Authority are present. Page 8 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 501-10 STANDARDS OF CONDUCT AND ACTIVITY OCCURRING AT LICENSED PREMISE a)No employee and/or entertainer shall solicit, induce or request a patron to purchase any alcoholic or nonalcoholic beverage or any food for them or for any other person. Nothing shall prohibit the above activity in connection with any contact which such person may have with a patron to whom they are related by blood or marriage. b)Licensees are not permitted to invite the members of the general public to private areas of the premises which are approved by the Licensing Authority for storage or for an office or for a kitchen or for a music or video projection room or for any similar nonpublic use. Only owners and employees of the licensed premises may be in these areas. c)Any person who hinders or delays a police officer or other authorized agent of the Licensing Authority in the performance of the agent's duties or who refuses to admit to, or locks out any such agent from any place which such agent is authorized to inspect or who refuses to give to such agent such information as may be required for the proper enforcement of the General Laws shall be punished by a fine of not less than $50 and not more than $200 or by imprisonment for not more than two months or both. d)The Licensing Authority or its agents or a police officer may, at any time, take samples for analysis from any beverages or alcohol kept on the premises licensed pursuant to the General Laws, Chapter 138, and the vessel or vessels containing samples shall be sealed on the premises in the presence of the license holder or of one of the employees and shall remain so sealed until presented to the state's Department of Public Health for analysis. Duplicate samples shall be left with the license holder. e)It is forbidden to employ or to permit any person in or on the licensed premises while such person is unclothed or in such attire as to expose to view any portion of the areola of the female breast or any portion of the pubic hair, cleft of the buttocks, or genitals. f)It is forbidden to permit any employee or person in or on the licensed premises to promise, offer, suggest, or accept sexual acts or favors in exchange for money or for the purchase of any alcoholic beverages or other commodities. g)It is forbidden to encourage or permit any person in or on the licensed premises to touch, caress, or fondle the breasts, buttocks or genitals of any other person. h)It is forbidden to employ or permit any person to wear or use any device or covering exposed to view which simulates the breasts, buttocks, pubic hair, or genitals or any portions thereof. i)It is forbidden to employ or permit any person in or on the licensed premises to perform any act or acts or to simulate any act or acts of sexual intercourse, masturbation, sodomy, flagellation, or any sexual acts prohibited by law; or touching, caressing, or fondling of breasts, buttocks, or genitals of another or of himself or herself. j)Licensees shall make all reasonable and diligent efforts to ensure that illegal activities do not occur at the licensed premises. Such efforts will include, but are not limited to: 1)Frequent monitoring of rest rooms and other nonpublic areas of the premises for signs of drug activity or other illegalities; 2)Paying attention to activities on the premises of known drug users or drug dealers or prostitutes or others who are known to have been convicted of crimes which may be conducted at a licensed premises; Page 9 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 3)Diligence in observing and taking action against persons who make unusually frequent trips in and out of the premises or in and out of the rest rooms and/or persons who are visited at the premises by an unusually large number of people or by one or more people at frequent intervals and/or persons who appear to be making exchanges of small packages (matchbooks, cigarette packs, bags, paper squares, plastic or foil containers, or other containers) or payments of money; 4)Monitoring of activities of persons who talk about weapons or who appear to be hiding a weapon; 5)Calling for police assistance to protect patrons against injury or to evict unruly patrons or to uncover unlawful conduct or to give medical assistance and providing police with requested information; 6)Hiring security personnel to deal with chronic unlawful activity at the premises such as prostitution or gambling or larceny from patrons or assaults and batteries or other problems associated with the premises. k)There shall be no disorder, indecency, prostitution, illegal activity on the licensed premises or any premises connected therewith by an interior communication. l)Licensees shall instruct their employees and security personnel that they are not to make bodily contact with a patron unless to protect other patrons or themselves from being subjected to body blows from an unruly patron. In all other circumstances employees and security personnel will call the police to have patrons removed from the premises when such patrons are being disruptive and they are unable to convince the patron to leave the premises voluntarily. m)Licensees and employees will call the police and an ambulance and take all other reasonable steps to assist patrons and persons who are injured in or on the licensed premises or whose injuries have occurred outside the premises but have been brought to the attention of the licensee. 501-11 ENVIRONS OF LICENSED PREMISES a)It shall be the obligations of licensees to ensure that supervision is exercised over the conduct of the licensed establishment at all times. Each licensee will be held accountable for all violations that are related to the licensed premises, whether or not the licensee acted properly in the given circumstances. b)Licensees shall maintain compliance with all health and safety laws for the areas outside and contiguous to the licensed premises. c)Licensees shall act reasonably and diligently to disperse loiterers or patrons who attempt to congregate in front of or at the licensed premises. Failure of the licensee to keep persons from congregating at the licensed premises may lead to disciplinary action against the licensee for allowing a public nuisance. Reasonable steps to be taken by the licensee may include: 1)Maintaining the front door in a closed position; 2)Asking loiterers to disperse; 3)Calling the police if loiterers refuse to disperse; 4)Hiring a security guard or stationing a security employee at the front door to disperse loiterers; 5)Refusing to allow the same patrons to walk in and out of the premises at short intervals; 6)Maintaining order in lines of patrons waiting outside to get in; 7)Announcing that no further patrons will be allowed into the premises if lines become too long or disorderly or loud. Page 10 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 d)No licensee may exceed the approved number of occupancy or seats posted on the license. The seating capacity and occupancy are set by the Building Commissioner and the Board of Health/Health Director. The occupancy, and if applicable, the seating capacity and, if applicable, the theater occupancy shall be posted on the license. e)All licensed businesses are subject to the Town of Barnstable noise code,Chapter 133. f)When any noise, disturbance, misconduct, disorder, act or activity occurs in the licensed premises, or in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for the use of its patrons, which in the judgment of the Licensing Authority adversely affects the protection, health, welfare, safety or repose of the residents of the area in which the licensed premises are located, or results in the licensed premises becoming the focal point for police attention, or is offensive to public decency, the licensee may be held in violation of the license and subject to proceedings for suspension, revocation or modification of the license. g)The Licensing Authority may go to a neighborhood to hold a hearing with regard to a complaint against a licensee by a private citizen when the complaint is brought to the Board's attention upon a petition of 25 adult residents who live within a one- mile radius of the licensed establishment in question; provided, however, that a spokesperson for the petitioners shall meet with the Licensing Authority's Chairperson (or duly authorized representative) to explain the case to be presented. 501-12 BUSINESS ASSIGNMENTS OF LICENSES a)Assignment of the licenses for purposes of collateralizing loans or notes, etc.does not give the right to the assignee to conduct the business of the licenses. Assignee must immediately notify the Licensing Authority and be heard when the assignee forecloses under such assignment or when other proceedings are brought which affect the economic and financial rights and abilities of the licensee. b)No person or entity may obtain or renew a license unless the applicant for such license or for renewal of such license can demonstrate proof of a legal right to the licensed premises for the term of the license. Such proof shall include ownership papers or a tenancy document or a management contract; provided, however, that all parties to such ownership or leasehold interest or management contract must be known to the Licensing Authority, and the terms of such agreements or contracts must be made known to the Licensing Authority. The Licensing Authority reserves the right to disapprove of such arrangements where it reasonably finds that such arrangements are not in the public interest. c)No licensee may hire any employee or contract for goods or services in any name other than that of the licensee, nor may the licensee pay for any such employment, goods, or services by any means other than its own cash or bank accounts in its own name. Cash transactions must be recorded in a manner suitable for review by the Licensing Authority. Such records must be kept for a period of three years. d)No licensee shall permit any person to have a direct or indirect financial or beneficial interest in the licensed business or to receive any revenue from the business or to manage the premises other than the persons properly approved of by the Licensing Authority and the salaried employees of such persons. e)No licensee shall permit any person to work at the licensed premises or to hold themselves out as a person in a position of authority at the premises except for Page 11 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 those persons who are owners and officers or who are salaried employees for whom payroll records are available. No licensee may pay an employee any percentage of the profits of the business or pay an employee in any manner other than by salary or hourly rate except upon approval of the Licensing Authority. f)No licensee may pay a landlord or creditor of any kind a percentage of the profits of the business except upon complete disclosure to the Licensing Authority and the receipt of the Board's approval. g)No licensee shall lease out any part of the premises or any part of the business without the approval of the Licensing Authority. No licensee shall lease out the food or beverage service without the approval of the Licensing Authority.(§501-6F) h)No licensee shall enter into an agreement with an independent contractor to provide beverages or food or entertainment or management at the premises without the approval of the Licensing Authority. 501-13 VIOLATIONS AND PENALTIES a)Violation of any provision of this chapter may be prosecuted, as a criminal matter or as an administrative procedure or by the method provided in §21D of Chapter 40 of the General Laws. Each violation shall be considered separately. b)Whoever violates the provisions of this chapter shall be fined not more than $300. The Licensing Authority may suspend, revoke or modify any license issued by them whenever they have reasonable cause to believe the licensee has violated the terms, conditions or regulations pertaining to such license. Any violation of this chapter enforced by the methods provided in §21D of Chapter 40 of the General Laws shall be subject to a fine of $250. 501-14 OTHER CAUSES FOR REVOCATION, SUSPENSION AND MODIFICATION a)All complaints and reports shall continue in force until they have been reviewed and disposed of by the Licensing Authority. b)Any license issued pursuant to General Laws Chapter 138 and Chapter 140 may be modified, suspended, or revoked for any of the following causes: 1)Violation by the licensee of any provision of the relevant General Laws of the Commonwealth or the relevant Ordinances of the Town of Barnstable or of any rule or regulation of any Town of Barnstable agency or of the Alcoholic Beverages Control Commission or of any rule or regulation of the Licensing Authority; 2)Fraud, misrepresentation, false material statement, concealment or suppression of facts by the licensee in connection with an application for a license or permit or for renewal thereof or in connection with an application for the renewal of the licensed premises or the alteration of the premises or in connection with any other petition affecting the rights of the licensee or in any interview or hearing held by the Licensing Authority in connection with such petition, request, or application affecting the rights of the licensee; 3)Failure to operate the premises covered by the license; 4)Failure to have a legal right to the named licensed premises. 5)Failure or refusal of the licensee to furnish or disclose any information required by any provision of the General Laws or by any rule or regulation of the Alcoholic Beverages Control Commission or any rule or regulation of the Licensing Authority; 6)Conviction of the licensee of any crime which is a felony under the laws of the Commonwealth of Massachusetts or the United States of America. Page 12 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 c)Licensees may not give or offer any money or any article of value or pay for or reimburse or forgive the debt for services provided to any employee or agent of the Licensing Authority either as a gratuity or for any service. d)Licensees may not fail to comply with any condition, stipulation or agreement upon which any license was issued or renewed by the Licensing Authority or upon which any application or petition relating to the premises was granted by the Licensing Authority. It shall be the duty of the licensee to ensure that all appropriate personnel at the licensed premises are familiar with the rules and regulations of the Licensing Authority and with any conditions on the license. e)A license may be suspended or modified or revoked for the refusal by any licensee and, if a corporation, by a manager, officer, or director thereof to appear and to testify under oath at an inquiry or hearing held by the Licensing Authority with respect to any application or matter bearing upon the conduct of the licensed business or bearing upon the character and fitness of such person to continue to hold a license. 501-15 SUSPENSION OF SERVICE ORDERS a)Licensees must properly serve suspension and modification orders. b)Suspended licenses may be surrendered to the Licensing Division for the time period of suspension if such action is voted by the Licensing Authority at a show cause hearing. c)When the Licensing Authority suspends the license of any licensee, it shall provide the licensee with an order/sign of suspension for public display. d)Suspension orders/signs of the Licensing Authority, as above, shall remain affixed throughout the entire period of suspension. The removal, covering, defacement, or obliteration of the order of suspension or the failure to maintain the order of suspension in the manner and place required prior to the expiration of the suspension period shall be deemed the act of the licensee and shall be cause for further suspension, modification or revocation of the license. e)Suspension periods may not be used as a time to do renovations at the licensed premises unless such renovations have previously been approved by the Licensing Authority. f)Unless otherwise ordered by the Licensing Authority, no members of the public may be on the licensed premises at any time during the suspension periods and the business may not be open for any reason. g)If the business is closed by order of the Licensing Authority, the licensee may be on the premises only if it is in the process of actively cleaning up or doing office work at the premises. No persons other than the licensee and its employees may be on the premises during the period of closure for any reason. Page 35 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 PART V: LICENSING AUTHORITY RULES AND REGULATIONS 509 AUTOMOBILE SALES 509-1 DEFINITIONS a)CLASS I means any person who is a recognized agent of a motor vehicle manufacturer or a seller of motor vehicles made by such manufacturer whose authority to sell the same is created by a written contract with such manufacturer or with some person authorized in writing by such manufacturer to enter into such contract, and whose principal business is the sale of new motor vehicles, the purchase and sale of second hand motor vehicles being incidental or secondary thereto,and further defined by MGLc.140 §58. b)CLASS II means a person whose principal business is the buying or selling of second hand motor vehicles, a person who purchases and displays second hand motor vehicles for resale in retail transactions, and any other person who displays second hand motor vehicles not owned by him pursuant to an agreement in which he receives compensation, whether solely for displaying the vehicles,upon the sale of each vehicle, and subject to conditions as defined in MGLc.140 §58. c)CLASS III means a person whose principal business is the buying of second hand motor vehicles for the purpose of remodeling, taking apart or rebuilding and selling the same, or the buying or selling of parts of second hand motor vehicles or tires, or the assembling of second hand motor vehicle parts may be granted a motor vehicle junk license. 509-2 GENERAL PROVISIONS a)It is prohibited for any person or business to engage in vehicle sale activity without an appropriate license issued by the Licensing Authority. b)The applicant/licensee must prove sale of vehicles is principal business. c)A sign is required on the property, whether it is a free standing sign or displayed in the door or window, listing the name of the business and hours of operation. d)All dealerships shall have a repair facility or provide repairs themselves (provided repairs are allowed on premise). Location of repairs will be available and listed on the application and renewal of the license. This information shall be provided yearly. e)A 'Notarized Letter' stating where repairs will be performed to satisfy the warranty obligations imposed by section 7N.25 of M.G.L., Chapter 190 must be submitted with each application and renewal. f)All licensees may use a computer-generated version of the Used Vehicle Inventory Book, so long as it is approved by the Mass. DOR. g)An inspection of the Used Vehicle Inventory Book for each dealership shall be conducted by the police/inspector, at least once a year. h)All Class II dealers who do not display vehicles on the licensed property or who only conduct business via the internet, shall submit to the Licensing Authority a quarterly report of all vehicle transactions, as delineated in the Used Vehicle Inventory Book. i)“Internet Only” operations may only be allowed in permitted zoning districts permitted for class II operations and may not, on or off licensed premises, store or display any vehicle for sale to the public or conduct business via pedestrian sales. j)Each licensee must comply with MGLc.90 §7N1/2. k)All Class II licenses are required to carry, at minimum, $25,000.00 Bond. l)All vehicles that are for sale which are parked outside of a building must be in saleable and drivable condition. Page 36 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 m)Licensing Agents for the Town of Barnstable will perform inspections throughout the year to ensure the license holder is in conformance with the restrictions of that license. 509-3 PHYSICAL PREMISE a)All signs, flags and other forms of outdoor display must be approved by the Building Department. b)No spare or junk parts may be stored outside of a building. No repair work may be conducted outside of a building except for minor emergency or reactive repairs to be completed by the end of the workday. Scrap metal must be kept in a recycling container and emptied on a regular basis. c)Properties must be kept clean and maintained at all times. d)Any outdoor lighting must not impose on any abutting properties. 509-4 VEHICLE DISPLAY –PARKING PLAN a)An approved parking plan shall be available on site for any inspections. b)All spaces delineated on the approved parking plan shall be marked out with lines, on the surface of the property,except for lots that are storage or non-asphalt surfaces.Existing licensed premises or existing storage lots may be of non- asphalt surfaces; however surfaces may not be altered from paved to non-asphalt at any time. c)Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces Handicap accessibility,and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amend license applications. d)A physical vehicle count may be conducted quarterly by the police/inspectors of all Class I and Class II dealerships. e)Motor vehicles for sale or lease may not be displayed less than 10 feet from property line. 509-5 CHANGES IN OPERATION Prior to any changes in operation, the licensee must apply to the Licensing Authority for a license which will include the proposed change, if such change involves any of the following: a)Sale, transfer or any change in ownership of the licensed premises; b)Incorporation or other business organization procedures which may distribute ownership and/or liability of such business in a manner different than as set forth in the current business organization of the licensee. c)Expansion of that portion of the premise occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application. d)Removal of a substantial portion of the licensed activity to a different premise than those set forth in the previous license. e)A change in the licensed activity which constitutes a substantial portion of the licensed activity being conducted in a license classification for which the licensee is not licensed. f)A change in principal business activity of the licensee. SHOW CAUSE HEARING In accordance with MGL c.140, the Barnstable Licensing Authority will hold a Show Cause Hearing to consider the modification, suspension, or revocation of the Annual Class II Auto Dealer License for J&J Auto, 381 Camp Street, Hyannis for the following violations of the Town of Barnstable, MA Code: 501-5 (b) License holders are required to attend any and all mandatory meetings held by the Licensing Division or any Town of Barnstable Division as related to the business operation. 509-2 (c) A sign is required on the property, whether it is a free standing sign or displayed in the door or window, listing the name of the business and hours of operation. 509-4 (c) Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces Handicap accessibility, and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amend license applications. 509-4 (e) Motor vehicles for sale or lease may not be displayed less than 10 feet from property line. 509-5 (c) Expansion of that portion of the premise occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application Said hearing will be held on Monday, April 10, 2023 at 9:30 a.m. or as soon following as practical in the Barnstable Town Hall building, James H. Crocker Jr. Hearing Room, 2nd Floor, 367 Main Street, Hyannis. Written comments may be submitted in writing to the Licensing Authority by email to erin.logan@town.barnstable.ma.us by noon on Thursday, April 6, 2023. Martin E. Hoxie, Chairperson David Nunheimer, Vice Chair Larry Decker, Clerk Nancy Karson-Lidman John Flores Max Mitrokostas Barnstable Licensing Authority Publication: Barnstable Patriot Publication date: March 31, 2023 Town of Barnstable Licensing Division 367 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: 508-862-4674 Fax: 508-778-2412 From: Logan, Erin Sent: Tuesday, April 4, 2023 10:03 AM To: 'Prue, Dakota' Cc: Kelsey, Chris Subject: J&J Auto - 381 Camp Street, Hyannis Aachments: Yarmouth Side J&J April 3 2023.jpg; Yarmouth Side Three J&J April 3 2023.jpg; Yarmouth Side Two J&J April 3 2023.jpg Importance: High Good morning, Dakota, We are preparing our files for a Show Cause hearing next week regarding the violaons at J&J Auto, located at 381 Camp Street, Hyannis. We were inially pleased to see that the vehicle count had been reduced however, it appears as though the vehicles were simply moved to the Yarmouth side of the lot. Kindly see aached photos for your records. Said photos were taken by Barnstable Police Officer, Chris Kelsey, yesterday, April 3, 2023. We would welcome any comments from the Town of Yarmouth regarding the ongoing violaons at this property. As always, please feel free to reach out with any quesons. Best regards, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 In-office hours: Monday – Thursday, 830am to 430pm excluding holidays! Available Monday – Friday via email, phone and Zoom! Barnstable Licensing Authority Rules & Regulaons Barnstable Mission: Protect the Town’s quality of life and unique character; Engage our cizens; Enact policies that respond to and ancipate the needs of our community.   For updated informaon on the Town of Barnstable's response and resources related to COVID-19 visit www.BarnstableHealth.com. From: Logan, Erin Sent: Wednesday, April 5, 2023 3:59 PM To: 'Savon Gas' Cc: Anthony, David; 'kelseyc@barnstablepolice.com' (kelseyc@barnstablepolice.com); Kelsey, Chris Subject: RE: J&J Auto - Mandatory Licensing Public Hearing SHOW CAUSE HEARING NOTICE Aachments: Agenda 04 10 23 Licensing Authority.pdf Importance: High Good aernoon, Barbara, First and foremost, it is never a bother to assist you – I am here to help! The owner &/or his/her appointed counsel is required to aend the hearing on Monday, April 10th. I have aached a copy of the agenda for your convenience as it provides mes and locaon of the hearing. Please advise the owner/counsel to come prepared to answer quesons pertaining to the violaons listed and how they will or have been recfied. Please feel free to reach out with any addional quesons. Best regards, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 Barnstable Licensing Authority – Rules and Regulaons From: Savon Gas [mailto:savoncc@gmail.com] Sent: Wednesday, April 5, 2023 3:39 PM To: Logan, Erin Subject: Re: J&J Auto - Mandatory Licensing Public Hearing SHOW CAUSE HEARING NOTICE Hi Erin,   I am sorry to bother you but can you confirm if we need to be present for the hearing?  I spoke to Jay about this and he said someone from the town spoke to him and said as long as he got it down to 5 cars and whatever else he was supposed to do to be compliant, he would not need to attend.     I look forward to hearing from you.   Sincerely, Barbara Hansen Office Manager Savon Gas, Inc. Tel:  (508) 499.1770 Fax: (508) 469.6756 savoncc@gmail.com On Fri, Mar 31, 2023 at 9:36 AM Logan, Erin <Erin.Logan@town.barnstable.ma.us> wrote: Good morning, Mr. Imad, Kindly see the attached legal ad advising of a Show Cause Hearing to be held on Monday, April 10, 2023 at 9:30am at Barnstable Town Hall, 367 Main Street, Hyannis. Appearance of yourself or your appointed representative is required. Said letter has been forwarded to your attention via Certified mail. Please feel free to call or email me with any questions as I am here to assist! Best regards, Erin Logan Interim Deputy Director of Asset Mgmt & Licensing Town of Barnstable | 367 Main Street | Hyannis, MA 02601 Erin.logan@town.barnstable.ma.us P 508.862.4774 C 774.470.8033 In-office hours: Monday – Thursday, 8:30am to 4:30pm excluding holidays! Available Monday – Friday via email, phone and Zoom! Barnstable Licensing Authority Rules & Regulations Barnstable Mission: Protect the Town’s quality of life and unique character; Engage our citizens; Enact policies that respond to and anticipate the needs of our community.   For updated information on the Town of Barnstable's response and resources related to COVID-19 visit www.BarnstableHealth.com. CAUTION:This email originated from outside of the Town of Barnstable! Do not click links, open aachments or reply, unless you recognize the sender's email address and know the content is safe! TOWN OF BARNSTABLE Licensing Authority 367 Main Street, Hyannis, MA 02601 www.town.barnstable.ma.us Telephone: 508-862-4674 Fax: 508-778-2412 Public Meeting The Barnstable Licensing Authority will hold a Public Meeting on Monday, April 10, 2023 at 9:30 a.m. at Barnstable Town Hall, in the James H. Crocker Jr. Hearing Room, 2nd Floor, 367 Main Street, Hyannis. LICENSING AUTHORITY MEETING AGENDA PUBLIC COMMENT NEW BUSINESS 1. Special One Day Alcohol & Entertainment License – Temporary Extension of Premise An application was submitted by Hyannis West End LLC dba The West End, 20 Scudder Avenue, Hyannis to hold Cheekie Schoolie Tourament, a Captain’s Meeting, on May 19, 2023 from 4pm to 11pm. Alcohol will be poured by The West End; Entertainment to include recorded music as well as Live, non-amplified, guitar and singing. 2. Special One Day Alcohol & Entertainment License – Temporary Extension of Premise An application was submitted by Hyannis West End LLC dba The West End, 20 Scudder Avenue, Hyannis to hold Cheekie Schoolie Tourament, Awards Ceremony, on May 20, 2023 from 3pm to 11pm. Alcohol will be poured by The West End; Entertainment to include recorded music as well as Live, non-amplified, guitar and singing. 3. Special One Day Beer & Wine, and Entertainment License An application was filed by Roxana White on behalf of Holy Ghost Society of Santuit/Cotuit, of 53 Main Street, Cotuit, to hold the 127th Annual Portuguese Feast, on June 17, 2023 from 5pm to 10pm. Alcohol will be poured by Roxana White, TIPS Certification on file. Entertainment to include live, amplified music and 1 inflatable. 4. Special One Day Entertainment License An application was filed by Flip Circus of 700 Vazquez Lane, Donna, Texas, to hold Flip Circus, at the Cape Cod Mall parking lot, located at 180 Falmouth Road, Hyannis, from April 28, 2023 to May 8, 2023 beginning at 7:30pm nightly, ending at 11pm. This event includes amplified, live performing arts. 5. Amend Annual All Alcohol License – Change of Hours A request has been submitted by Simone’s Pizza Burger, Inc. dba Simone’s Pizza Burger to extend their hours of operation as follows: From Monday-Saturday 8am to 11pm & Sundays 12pm to 11pm; To Monday-Sunday 11am to 1am. PUBLIC HEARINGS 6. Amend Class II Auto Dealer License Cape Codder Acquisition Corp. dba Copeland Chevrolet Hyannis, 22 Ridgewood Avenue, Hyannis, for an alteration of premises with respects to the existing Class II Auto Dealer License. The applicant proposes to expand into the former Copeland Subaru location. New description of premises is as follows: 20 (including 22, 24, 25 & 58) Ridgewood Avenue, Hyannis; 288 total spaces; 71 customer spaces, 136 display spaces, 67 employee spaces, 5 handicap spaces, and 9 showroom spaces. 7. Annual All Alcohol License – Change of License Type The Mill Street Tavern dba Cape Cod Inn/Duck Inn Pub, 447 Main Street, Hyannis for a change of license type from restaurant to general on-premise. 8. New Daily Live & Daily Non-Live Entertainment Kami Perry dba Perry-Lima Cafe, 575 Main Street, Hyannis for a new Daily Live and new Daily Non-Live Entertainment license. Daily Live Entertainment to include live amplified music with 5 performers and 8 pieces. Proposed Daily Live hours are Monday – Saturday 5pm to 10pm and Sundays, 1pm – 10pm. Daily Non-Live Entertainment to include 2 TV’s and recorded music below conversation level. Proposed Daily Non -Live hours are daily from 10am to 10pm. 9. New Annual All Alcohol and Daily Non-Live Entertainment Nonno Pizza Inc dba Nonno Pizza, 640 Main Street, Hyannis for a new Annual All Alcohol Common Victualler and a Daily Non-Live Entertainment license. Hours of operation to remain Monday through Sunday 11:30am to 10pm. The proposed manager is Maximiliano de Paula. Daily Non-Live Entertainment to include recorded music below conversation level and 6 TV’s.Noting the following premise description: Wood frame structure with a first floor restaurant facility and basement (2750 sqft) for storage. Premise consists of one entrance and three exits, 16 bar seats, 84 table seats, for a total of 100 seats, two handicap accessible restrooms, a kitchen, cold chamber and walk-in cooler. 10. New Annual All Alcohol, Daily Live and Daily Non-Live Entertainment Across the Harbor, Inc. dba Tides on Ocean Street, 235 Ocean Street, Hyannis for a new Annual All Alcohol Common Victualler license, Daily Live Entertainment and Daily Non-Live Entertainment. Daily hours of operation are Monday through Saturday 8AM to 1AM, Sunday 12PM-12AM. The proposed manager is William J. Goodwin. Premise Description: Wood structure with first floor dining room with 30 seats, bar with 29 seats and outdoor patio with 40 seats’ 2 handicap accessible bathrooms and 2 exits on the first floor with kitchen, service area, and three rooms off the back on of the premise used for alcohol storage, ice machines, and cooler; seating 99, 9 standees, 14 employees, for a total occupancy of 127 on first floor (first floor totaling 1940 sqft including patio); second floor is 1636 sqft (1037 sqft dining room, 72 sqft storage and 525 sqft deck); there are 109 seats, 20 standees, and 10 employees for a second floor occupancy of 129. Total seating for entire premises is 208. Daily Live Entertainment to include live amplified music; a total of 5 performers; 3 performers on the 1st floor and 2 performers on the 2nd floor. Daily Non-Live Entertainment includes a jukebox, 8 TV’s, and recorded music below conversation level. Hours of Entertainment are Monday – Saturday 10AM to 12:45AM, Sunday 12PM to 12AM SHOW CAUSE HEARING Annual Class II Auto Dealer License for J&J Auto, 381 Camp Street, Hyannis for the following violations of the Town of Barnstable, MA Code: 501-5 (b) License holders are required to attend any and all mandatory meetings held by the Licensing Division or any Town of Barnstable Division as related to the business operation. 509-2 (c) A sign is required on the property, whether it is a free standing sign or displayed in the door or window, listing the name of the business and hours of operation. 509-4 (c) Total vehicle count shall include the numbers of displayed/unregistered vehicles, customer vehicles, including spaces Handicap accessibility, and employee vehicles. The plan shall be approved by the Building Commissioner and Fire Department. This shall apply to all new, transferred or amend license applications. 509-4 (e) Motor vehicles for sale or lease may not be displayed less than 10 feet from property line. 509-5 (c) Expansion of that portion of the premise occupied by the licensee to be designated or devoted to the licensed activity beyond the boundaries designated and highlighted in the plan submitted with the original application. APPROVAL OF MINUTES from the March 20, 2023 meeting LICENSING UPDATES 1. Licensing Authority & Division Updates 3. Police Department MATTERS NOT REASONABLY ANTICIPATED BY THE CHAIR The list of matters, are those reasonably anticipated by the president/chair, which may be discussed at the meeting. Not all items listed may in fact be discussed and other items not listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law. It is possible that if it so votes, the sub-committee may go into executive session. For your information the section of the M.G.L. that pertains to postings of meetings is as follows: Except in an emergency, in addition to any notice otherwise required by law, a public body shall post notice of every meeting at least 48 hours prior to such meeting, excluding Saturdays, Sundays and legal holidays. In an emergency, a public body shall post notice as soon as reasonably possible prior to such meeting. Notice shall be printed in a legible, easily understandable format and shall contain: the date, time and place of such meeting and a listing of topics that the chair reasonably anticipates will be discussed at the meeting. Meetings of a local public body, notice shall be filed with the municipal clerk, and posted in a manner conspicuously visible to the public at all hours