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HomeMy WebLinkAboutSimmons Homestead Compliance Matter Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled COMPLAINT - General Completed Lanman CAR 5 09/21/2023 00:00 09/21/2023 11:30 09/21/2023 12:30 French 1.00 Inspection Summary Hyannis Fire Department Inspection 22966 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601---- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508---7-7-8- SIMMONS HOMESTEAD INN 508-----7-7- Contact Name Comments Unit # 4 Tenants Beau Carreiro & Hailey Ducharme 774-487-0266 came into HFD to complain: Black mold, there are no working smoke detectors, and front door exit bolted/screwed shut. I responded along with C-3 and E-2 to investigate the above complaint regarding this property. Run #23- 5826. Upon arrival at the property, the front door was found as described, with several deck screws securing the door to the door frame as well as one against the dead bolt that prevented it from being operable. At least two smoke detectors were missing. There was mold noted in a bathroom. The door leading to the third floor attic area has a hasp and padlock in place. There has been an issue in the past with this attic space being used as a sleeping area as well. Robin Anderson, ToB Zoning Enforcement Officer was notified, BCE-23-488 is on file in OpenGov. BPD were called to the scene to assist. There is an ongoing landlord - tenant issue with the reporting parties listed above. The property owner, William Putman, was present and informed of the code violations found today. The screws were removed and the entry door was made functional. Hyannis FD Fire Prevention to conduct an annual inspection on 9/27/2023 at 1000 hours. Other ToB Inspectional Officials may attend. Violation Summary Status Violation Location Date: 09/21/2023 Page: 1 - Action History Date Type NarrativeInspector , Signatures Hyannis Fire Department 09/21/2023 14:43 Signature Date Date: 09/21/2023 Page: 2 Inspection Type Status Inspector Unit Number Scheduled Inspected On Finished At Next Inspection Inspection Length Scheduled INSPECTION - Follow Up Failed/Follow Up Lanman CAR 5 10/05/2023 00:00 10/05/2023 13:00 10/05/2023 14:30 French 1.50 Inspection Summary Hyannis Fire Department Inspection 23041 Shift Occupant Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601-- Occupant Name Building Name Phone Owner Address City, State and Zip 288 SCUDDER AVENUE HYANNIS, MA 02601----- Owner / Company Contact Name Phone SIMMONS HOMESTEAD INN 508--------- SIMMONS HOMESTEAD INN 508--------- Contact Name Comments Follow-up inspection with the following reps from the ToB Inspectional services: Robin Anderson, Jeff Carter, Jim Paraziale and officer Chris Kelsey BPD. Previously noted problems/violations were still present in: Room 1 - Unresolved Room 2 - Unresolved Room 8 - New smoke alarm installed but in the wrong location. Second floor hallway @ Room 4 - Careless disposal of cigarettes was noted, resting on edge of trunk until burned out. Third floor is now unoccupied. Room 11 - Unresolved Room 12 - Not accessed during the visit. Annex - co detector present in basement but not mounted to wall. Violation Summary Status Violation Location - Action History Date Type NarrativeInspector Date: 10/05/2023 Page: 1 10/05/2023 Thank you for taking the time out of your busy schedule to assist us with your properties' recent inspection. It's extremely valuable to our community that our fire inspectors are able to visit locations, like yours, at a regular basis, and find any inadvertent safety violations that may not have been noticed. It also allows our inspectors to log crucial information that may help us during an emergency at your property. Ultimately decreasing property loss, injuries, or loss of life. Attached is a record of your recent inspection and any violations or safety issues our inspectors came across. If you have any questions or comments, please do not hesitate to call or email us. Fire Prevention & Emergency Planning Division Hyannis Fire Department 95 High School Rd. Ext. Hyannis, MA 020601 508-775-1300 Dial 2 fireprevention@hyannisfire.org Lanman, Thomas Signatures Hyannis Fire Department 10/05/2023 16:28 Signature Date Date: 10/05/2023 Page: 2 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 28 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 PART V: LICENSING AUTHORITY RULES AND REGULATIONS 506 LODGING,BED & BREAKFAST,GUEST HOUSE LICENSES 506-1 DEFINITION a)A Lodging, Guest House shall mean a dwelling with a resident manager on the premises or associated with the business where lodgings, plus accommodations, with or without meals,are let to more than four and fewer than twenty separate guest units, not within the second degree of kindred to the person conducting it and shall include fraternity houses and dormitories of educational institutions but shall not include dormitories of charitable or philanthropic institutions or convalescent or nursing homes licensed under §71 of Chapter 111 of the General Laws or rest homes so licensed, or group residences licensed or regulated by agencies of the commonwealth. b)''Bed and breakfast establishment'', a private owner-occupied house where four or more rooms are let and a breakfast is included in the rent, and all accommodations are reserved in advance. c)''Bed and breakfast home'', a private owner-occupied house where three or fewer rooms are let and a breakfast is included in the rent, and all accommodations are reserved in advance. d)Transient shall mean a period of ninety consecutive calendar days or less for the purposes of this section only. 506-2 COOKING FACILITIES a)A lodging house where lodgings are let to more than five but less than 20 persons may furnish individual cooking facilities for the preparation, serving, eating and storage of food, provided that no such facility shall be furnished in a room having an area of less than 150 square feet. Such facilities shall, in a single room, consist of a gas or electric plate, a refrigerator and storage area for food. Any facilities furnished under this section shall comply with the Building Code and the Town of Barnstable Zoning Regulations.Editor's Note: See Ch. 240, Zoning. 506-3 GENERAL PROVISIONS a)Every lodging house keeper shall keep or cause to be kept, in permanent form, a register in which shall be recorded the true name and residence of every person engaging or occupying a private room averaging less than 400 square feet floor area. Such register shall be kept for a period of one year after the last entry therein, and shall be open to the inspection of the licensing authorities, their agents and the police. b)Whoever being licensed as a lodging house keeper or being in actual charge, management or control of such lodging house knowingly permits the property under his or her control to be used for the purpose of immoral solicitation, immoral bargaining or immoral conduct, including criminal activities such as prostitution, use and sale of drugs, possession of drugs, and gambling, shall be subject to disciplinary proceedings against the license and shall be subject to a fine and imprisonment as set out by statute. c)Whenever the Licensing Authority issues a lodging house license, the licensee may let individual rooms to individual persons only and may not contract out rooms to an entity or institution which intends to choose lodgers for the rooms. Such conduct will be held to constitute leasing out of the license and is prohibited. Violation of this rule may result in suspension or revocation of the license.