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HomeMy WebLinkAbout121123 Agenda Temp Closure Notices1 Logan, Erin From:Logan, Erin Sent:Thursday, November 2, 2023 2:30 PM To:Licensing Authority Cc:Jeffrey Ford; John Kenney; Deb Casale; Mark Boudreau (mark@boudreaulaw.net); David Lawler; Garry Blank Subject:Alcohol Licensees - Required Closure Notice Attachments:2024_holidaysobserved_rev new holiday June 19th.pdf; ABCC 2023 Holiday Calendar.pdf Importance:High UPDATED CONTENT Good morning, Alcohol Licensees, Just a friendly reminder, according to the Town of Barnstable Licensing Rules & Regulaons , licensees must write to the Licensing Authority to advise of any closures as noted below. An email advising when and why you are closing may be sent to me and I will subsequently forward to the Licensing Authority for approval. Reminder: The Annual license term is from January 1st through December 31st; meaning you are expected to be operaonal as per the hours listed on your license and as noted below under 502-2 Hours of Operaon. The Seasonal License term is from April 1st through January 15th; meaning you may not operate between January 16th & March 31st but otherwise are expected to be operaonal as per the hours listed on your license and as noted below under 502-2 Hours of Operaon. While you may be operang seasonally, your license may be annual so please check your license carefully. Note – Licensing staff and Authority members understand that Cape businesses suffer a slowdown in the off season. We understand that temporary closures for renovaons, maintenance, and staffing issues are typical of a weather dependent tourist desnaon such as ou rs. We simply need to be nofied accordingly. Please feel free to reach out to me with any queso ns. 502-2 HOURS OF OPERATION a) No alcoholic beverages licensees may close its place of business for any reason other than the following: 1) Upon wri(en request to the Licensing Authority for closing in order to do renova.ons a/er approval by the Licensing Authority for such renova.ons and for a reasonable .me of closing in order to perform the renova.ons. 2) For all holidays and religious days. (see 2023 & 2024 Holiday Schedule a’ached) 2 3) A closing of one or more days per week upon approval of the Licensing Authority pursuant to licensee's wri(en request and a showing by licensee that it does not have adequate business upon such days; 4) A closing due to an act of God or an illness or some other business problem for which request has been made in wri.ng to the Licensing Authority and approval granted. 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 My Schedule: In-office Monday, Wednesday & Thursday – 8:30am to 4:30pm Remote Tuesdays – 8:30am to 4:30pm In class all day Friday with limited access to voicemail and email Barnstable Licensing Authority Rules & Regulations 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. Page 15 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age with the intent of purchasing alcoholic beverages, either for his or her own use or for the use of any other person, shall be punished by a fine of $300 and whoever knowingly makes a false statement as to the age of a person who is under 21 years of age in order to procure a sale or delivery of such beverages or alcohol to such person under 21 years of age, either for the use of the person under 21 years or for use of some other person, and whoever induces a person under 21 years of age to make a false statement as to his or her age in order to procure the sale or delivery of such beverages or alcohol to such person under 21 years of age shall be punished by a fine of $300. (General Laws, Chapter 138, §34A) v)Any licensee or agent or employee thereof under Chapter 138 who reasonably relies on a Massachusetts liquor purchase identification card or Massachusetts motor vehicle license for proof of a person's identity and age shall not suffer any disciplinary action or any criminal liability for delivering or selling alcohol or alcoholic beverages to a person under 21 years of age. Such licensee shall be presumed to have used due care in making the sale, but such presumption shall be rebuttable. The information on the card or license must clearly match the photograph and description of the card or license holder and there should be no obvious signs of tampering upon reasonable inspection. (General Laws, Chapter 138, §34B) Any licensee claiming exemption under this section must be able to identify the identification shown, either by picture record, written log or other means deemed appropriate by the Licensing Authority. w)Any person who transfers, alters or defaces any such card, or who makes, uses, carries or sells or distributes a false identification card or uses the identification card or motor vehicle license of another or furnishes false information in obtaining such card shall be guilty of a misdemeanor and shall be punished by a fine of not more than $200 or by imprisonment for not more than three months. (General Laws, Chapter 138, §34B) x)Any person who is discovered by a police officer or special police officer in the act of violating the provisions of 502-1v or 502-1w may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him or her for such offense, which complaint shall be made as soon as practicable and in any case within 24 hours, Sundays and legal holidays excepted. (General Laws, Chapter 138, §34B) y)Whoever being under 21 years of age and unaccompanied by his parent or legal guardian knowingly transports or carries on his person any alcohol or alcoholic beverages shall be punished by a fine of not more than $50, provided that this section shall not apply to any person who is between 18 and 21 who is acting in the course of his or her employment. A police officer may arrest without a warrant any person who violates this section. (General Laws, Chapter 138, §34C) 502-2 HOURS OF OPERATION a)No alcoholic beverages licensees may close its place of business for any reason other than the following: 1)Upon written request to the Licensing Authority for closing in order to do renovations after approval by the Licensing Authority for such renovations and for a reasonable time of closing in order to perform the renovations; 2)For all holidays and religious days; Page 16 BARNSTABLE LICENSING AUTHORITY PART V,RULES AND REGULATIONS APPROVED ON OCTOBER 17,2016;AMENDED FEBRUARY 13,2017 3)A closing of one or more days per week upon approval of the Licensing Authority pursuant to licensee's written request and a showing by licensee that it does not have adequate business upon such days; 4)A closing due to an act of God or an illness or some other business problem for which request has been made in writing to the Licensing Authority and approval granted. 502-3 ADDITIONAL PROVISIONS SPECIFIC TO SEASONAL ON P REMISE LIQUOR LICENSES a)Seasonal On-Premises Liquor Licenses shall be effective from April 1 to January 15. b)Seasonal On-Premises Liquor Licensed establishment may be open for any duration between the effective dates, however licensee must file each year with renewal application to the Licensing Division their intended opening and closing days. c)Seasonal On-Premise Liquor Licensed establishments who need to close for any duration between their documented “season”requires written notice from the owner or manager named on the license, and for the owner or manager named on the license to appear before the Licensing Authority at a public meeting for approval. d)Wholesale licensees may deliver alcoholic beverages (on days other than Sunday) to seasonal retail licensees that have renewed their licenses at the same location during the five (5) days immediately preceding the licensed season. Wholesalers may not deliver alcoholic beverages to new seasonal licensees until the first day of the licensed season. 502-4 ADDITIONAL PROVISIONS SPECIFIC TO ANNUAL LIQUOR LICENSES a)All types of Annual Liquor License holders may close for a period of no more than thirty (30) days and requires written notice from the owner or manager named on the license to be approved by the Licensing Authority at a public meeting. b)Closure of an annual liquor licensed establishment longer than thirty (30) days requires written notice from the owner or manager named on the license, and for the owner or manager named on the license to appear before the Licensing Authority at a public meeting for approval. c)The Licensing Authority reserves the right to deny or amend a closure request greater than thirty (30) days. d)If a licensee requests closure for greater than sixty (60) days reoccurs more than 2 consecutive years,an explanation must be included with the written request as to why the licensee should not consider amending the license to seasonal vs. retaining the annual license. 502-5 ADDITIONAL PROVISIONS FOR ON PREMISE LICENSES a)Licensees shall take such steps as are necessary to ensure that patrons or employees do not leave the premises with alcoholic beverages. Such steps may include: 1.having an employee stationed at the door to watch patrons as they leave; 2.refusing to serve beer in bottles; 3.refusing to serve alcoholic beverages in disposable cups. When patrons are observed leaving the premises with beer bottles, beer cans, or cups or glasses filled with liquids that smell like alcoholic beverages to the Board's agents, it shall be presumed that the vessels contain alcoholic beverages. 1 Logan, Erin From:Jim Galvano <Jim@tbc1927.com> Sent:Thursday, November 2, 2023 2:35 PM To:Logan, Erin Subject:Re: Alcohol Licensees - Required Closure Notice Good Afternoon Erin! I hope you are well - this is Jim Galvano at The Beach Club in Centerville. We are closed for the season and will not be reopening until late May/early June. Do you need anything else? Jim From: Logan, Erin <Erin.Logan@town.barnstable.ma.us> Sent: Thursday, November 2, 2023 2:29 PM To: Licensing Authority <tobla@town.barnstable.ma.us> Cc: Jeffrey Ford <jeff@fordandfordattorneys.com>; John Kenney <john@JWKesq.com>; Deb Casale <deb@JWKesq.com>; Mark Boudreau (mark@boudreaulaw.net) <mark@boudreaulaw.net>; David Lawler <david@dlawlerlaw.com>; Garry Blank <garry@blankandsolomonlaw.com> Subject: Alcohol Licensees - Required Closure Notice UPDATED CONTENT Good morning, Alcohol Licensees, Just a friendly reminder, according to the Town of Barnstable Licensing Rules & Regulations, licensees must write to the Licensing Authority to advise of any closures as noted below. An email advising when and why you are closing may be sent to me and I will subsequently forward to the Licensing Authority for approval. Reminder: The Annual license term is from January 1st through December 31st; meaning you are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. The Seasonal License term is from April 1st through January 15th; meaning you may not operate between January 16th & March 31st but otherwise are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. While you may be operating seasonally, your license may be annual so please check your license carefully. Note – Licensing staff and Authority members understand that Cape businesses suffer a slowdown in the off season. We understand that temporary closures for renovations, maintenance, and staffing issues are typical of a weather dependent tourist destination such as ours. We simply need to be notified accordingly. Please feel free to reach out to me with any questions. 1 Logan, Erin From:Panagiotis Zannettou <capecodcaribbeancafe@gmail.com> Sent:Friday, November 10, 2023 11:55 AM To:Logan, Erin; Aubrey Foster Subject:Re: Alcohol Licensees - Required Closure Notice Dear Erin, I am writing to inform you that we will be closing Blue Moon at 430 Main Street due to a slowdown of the season and staffing issue on November 30th, 2023. We would like to renew our Alcohol License as seasonal, starting on April 1st 2024- January 15th 2024. Sincerely, Aubrey Foster On Thu, Nov 2, 2023 at 4:21 PM Aubrey Foster <sugard681@gmail.com> wrote: ---------- Forwarded message --------- From: Logan, Erin <Erin.Logan@town.barnstable.ma.us> Date: Thu, Nov 2, 2023, 2:30 PM Subject: Alcohol Licensees - Required Closure Notice To: Licensing Authority <tobla@town.barnstable.ma.us> Cc: Jeffrey Ford <jeff@fordandfordattorneys.com>, John Kenney <john@jwkesq.com>, Deb Casale <deb@jwkesq.com>, Mark Boudreau (mark@boudreaulaw.net) <mark@boudreaulaw.net>, David Lawler <david@dlawlerlaw.com>, Garry Blank <garry@blankandsolomonlaw.com> UPDATED CONTENT Good morning, Alcohol Licensees, Just a friendly reminder, according to the Town of Barnstable Licensing Rules & Regulations, licensees must write to the Licensing Authority to advise of any closures as noted below. An email advising when and why you are closing may be sent to me and I will subsequently forward to the Licensing Authority for approval. Reminder: 1 Logan, Erin From:Kevin Gordon <kevin@chartroomrestaurants.com> Sent:Monday, November 13, 2023 11:43 AM To:Logan, Erin Subject:Chart room closing Good morning Erin, We will be closing November 25th due to our seasonal license. Thank you -Kevin Gordon Chart Room at Crosby’s Sent from my iPhone 1 Logan, Erin From:John Dufault <johnd@cummaquidgc.com> Sent:Tuesday, November 14, 2023 9:18 AM To:Logan, Erin Subject:RE: Alcohol Licensees - Required Closure Notice Hi Erin, This is my first time dealing with the renewal process here at Cummaquid and I want to make sure I’m doing everything by the book! The Club does close down the F&B operations for the majority of January and February, although we may open the bar for one or two events during our “off season”. Typically, we re-open for member service in March but we will likely wait until April this year. Do we need to submit a special application for that? Also, can you please tell me where we stand with our LL renewal for 2024? Thanks, John John B. Dufault, CEC, CCM, SHRM-CP General Manager Cummaquid Golf Club P.O. Box 182 Yarmouth Port, MA 02675 (508) 362-8003 www.cummaquidgolf.com From: Logan, Erin <Erin.Logan@town.barnstable.ma.us> Sent: Thursday, November 02, 2023 2:30 PM To: Licensing Authority <tobla@town.barnstable.ma.us> Cc: Jeffrey Ford <jeff@fordandfordattorneys.com>; John Kenney <john@JWKesq.com>; Deb Casale <deb@JWKesq.com>; Mark Boudreau (mark@boudreaulaw.net) <mark@boudreaulaw.net>; David Lawler <david@dlawlerlaw.com>; Garry Blank <garry@blankandsolomonlaw.com> 1 Logan, Erin From:Peter G. Kempton <pkempton@comcast.net> Sent:Tuesday, November 28, 2023 10:10 AM To:Logan, Erin Subject:Maintenance closure January 1 - Feb 29 Flashback Retro Arcade Bar and Grille Erin, Please be advised that Flashback Retro Arcade Bar and Grille will be requesting a maintenance closure January 1 - Feb 29, 2024. As discussed, please place this on the December 2023 Board agenda. Thank you, Peter Kempton CC Entertainment Inc. pkempton@comcast.net 1 Logan, Erin From:Kings Grant <kgracquetclub@gmail.com> Sent:Monday, November 13, 2023 7:11 PM To:Logan, Erin Subject:Required Closure Note Hi Erin, As we discussed, Kings Grant is a seasonal business and we are closed as of November 15th and we will be reopening on May 1st. Thanks, Courtney Courtney Keyser Kings Grant Racquet Club Sent from Mail for Windows 10 1 Logan, Erin From:MISAKI,* MISAKI <misakisushi@comcast.net> Sent:Wednesday, November 29, 2023 5:35 PM To:Logan, Erin Subject:WKC Inc dba Misaki seasonal closing Good Evening Erin, We are planning on closing for a time this winter to do an annual painting,deep cleaning of the restaurant as well as minor repairs to equipment. Our Chefs travel to Japan during this time to do research for the coming year. Our plan is to Close on January 1, 2024 and reopen on March 1, 2024. Thank you, Karen Terrio 1 Logan, Erin From:D Lowell <nakedoyster@gmail.com> Sent:Monday, December 4, 2023 10:07 AM To:Logan, Erin Subject:Closure Naked Oyster Good Morning, I want to make you aware that at this time The Naked Oyster is open Tuesday to Saturday from 4.30 to 11 pm . We have to establish those hours for two major reasons. 1) the lack of lunch business since COVID, 2) the lack of work force available and willing. We are working very hard to find a solution to this ongoing situation and hope to resume our regular hours. Sincerely Florence Lowell 1 Logan, Erin From:Jeff Spilman <jspilly@comcast.net> Sent:Tuesday, November 7, 2023 1:40 PM To:Logan, Erin Subject:Re: Alcohol Licensees - Required Closure Notice Follow Up Flag:Follow up Flag Status:Flagged Hi Erin, Spanky’s Clam Shack closed for the season on October 15th this year (we usually close on the Sunday after Columbus Day weekend). We plan to reopen next April (we usually open the Thursday before Patriot’s Day weekend, which would be 4/11/24, but we will know for sure by the end of March). Thanks for all your help! Jeff Spilman and Billy Moore Spanky’s Clam Shack Sent from my iPad On Nov 2, 2023, at 2:30 PM, Logan, Erin <Erin.Logan@town.barnstable.ma.us> wrote: UPDATED CONTENT Good morning, Alcohol Licensees, Just a friendly reminder, according to the Town of Barnstable Licensing Rules & Regulations, licensees must write to the Licensing Authority to advise of any closures as noted below. An email advising when and why you are closing may be sent to me and I will subsequently forward to the Licensing Authority for approval. Reminder: The Annual license term is from January 1st through December 31st; meaning you are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. The Seasonal License term is from April 1st through January 15th; meaning you may not operate between January 16th & March 31st but otherwise are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. While you may be operating seasonally, your license may be annual so please check your license carefully. Note – Licensing staff and Authority members understand that Cape businesses suffer a slowdown in the off season. We understand that temporary closures for renovations, maintenance, and staffing issues are typical of a weather dependent tourist destination such as ours. We simply need to be notified accordingly. 1 Logan, Erin From:Michael Haidas <mhaidas@gmail.com> Sent:Monday, November 6, 2023 11:46 AM To:Logan, Erin Subject:Re: Alcohol Licensees - Required Closure Notice Hi Erin, I am writing to update you on a planned closure for the knack. We plan on being closed from 12/24/2023 through 1/3/2024 for planned maintenance and cleaning projects, and because we are not able to staff the restaurant during that time period. Please let me know if you need any further information. Best regards, Michael Haidas the knack On Thu, Nov 2, 2023 at 2:30 PM Logan, Erin <Erin.Logan@town.barnstable.ma.us> wrote: UPDATED CONTENT Good morning, Alcohol Licensees, Just a friendly reminder, according to the Town of Barnstable Licensing Rules & Regulations, licensees must write to the Licensing Authority to advise of any closures as noted below. An email advising when and why you are closing may be sent to me and I will subsequently forward to the Licensing Authority for approval. Reminder: The Annual license term is from January 1st through December 31st; meaning you are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. The Seasonal License term is from April 1st through January 15th; meaning you may not operate between January 16th & March 31st but otherwise are expected to be operational as per the hours listed on your license and as noted below under 502-2 Hours of Operation. While you may be operating seasonally, your license may be annual so please check your license carefully.