LIQUOR HEARINGS. Premises within Five Hundred Feet of School, Church, Hospital

Transcription

1 LIQUOR HEARINGS Premises within Five Hundred Feet of School, Church, Hospital The Licensing Authority must hold a hearing to determine whether or not the issuance of a particular liquor license will have a detrimental effect upon a nearby school or church whether or not such church or school appears or has filed written objections to the issuance of a license. This hearing need not be separate from the regular hearing on the application. However, the Licensing Authority should permit the applicant to testify or introduce evidence to show that his establishment, if licensed, will not interfere with the activities at the nearby school or church. Representatives of the protected church or school, if present, should be allowed to present their views on the application. Applicants are not required to solicit the assent of school or church officials. The license should not be denied or granted simply because these officials object or consent to its issuance. Rather, the Licensing Authority must satisfy itself that the issuance of the license will not have an adverse impact upon the church or school. The Licensing Authority must ask itself how the liquor license will impinge upon the social, cultural, sporting, educational and religious events which occur at the church or school. Also to be considered is traffic, parking, noise, pedestrian patterns and all those other public health, welfare and safety considerations which generally control the decision to issue a liquor license. Before the Licensing Authority votes on the issuance of the license, they must write a decision on the positive or negative effect the issuance would have on the school or church. A decision to deny the application must also contain advice to the applicant of his rights to appeal to the ABCC under MGL Chapter 138, Sec. 67. Summary: Hearing must be held. Testimony on the effect of license on church or school must be taken. Church or school officials need not be present. A moral or social disdain for the use of alcohol by church or school officials is not by itself a valid reason for denial. Authority must decide from testimony and their judgment, the effect of a liquor license on nearby church or school. This decision must be in writing before the Authority votes on the application. Decision to deny the application must be in writing and contain the applicant s right to appeal. 14 September 1983

2 CHECKLIST Please return with all paperwork to the Licensing Authority Office Type of License: General On Premises - No Food Filing Fee to the Town: $ Hearing Required: Yes X No Fees: State $ ABCC Advertise 10 days before: Yes X No Town $ 3, Notify Abutters: Yes X No ABCC Forms Town of Barnstable Forms All ABCC license forms are on the ABCC Town of Barnstable Application website: mass.gov/abcc. The ABCC Criminal Record Information (CORI) for all requires forms to be filled out online. with financial interest in the business & Manager Bring hard copies to the Licensing Office Workers Compensation Form & copy of page of (200 Main St., Hyannis) to file with Town policy showing effective dates forms. Proof of Citizenship passport or birth certificate You can pay the ABCC fee online AND Driver s License copy for each person with (preferred method) or at 200 Main a financial interest in the business & Manager with a separate check payable to the ABCC Affidavit of Abutters (notarized) with green/white Post Office receipts present at hearing room Retail All Alcohol Beverages License Resume of Manager Monetary Transmittal Form Business Certificate if not a corporation using Application for Retail Alcoholic same corporate name Beverages License (21 items) Proof of Liquor Liability Insurance Applicant s Statement State Safety Certificate (obtain from Building Personal Information Form(s) with Department signatures from Bldg. Commissioner attachments if necessary & Fire Chief) Vote of applicant authorizing all Narrative of proposed type of operation requested transactions & appointment (i.e.,serving lunch, dinner, take-out, snacks) of Manager of record for license Parking Plan (on-premises) showing #spots Floor Plan with dimensions/sq ft Applicant s Financial Statement for each room, location of exits & placement of all tables/chairs/stools & entertainment (if applicable); signed by Building Commissioner if new bldg. or Changes to seating from prior licensee Final Lease or legal right to occupy premises ABCC Cori(s) Liquor Application Information Sheet - FYI BPD Checklist - FYI Ruled by: Ch. 138 & 140 M.G.L. & Licensing Authority Rules & Regulations Issued by: Licensing Authority after approval by ABCC Inspections: Building, Health, Fire O:\Licensing\PacketsAlcohol-new\GeneralonPremises\1-P04FORMGenonPremises5-11.DOC P. 4

3 Town of Barnstable Regulatory Services Richard V. Scali, Interim Director Licensing Authority 200 Main Street Hyannis, MA Telephone: (508) Fax: (508) CORI REQUEST FORM GBARLB G The Barnstable Licensing Authority has been certified by the Criminal History Systems Board for access to conviction and pending criminal case data. As a (prospective) employee/volunteer for the position of, I understand that a criminal record check will be conducted for conviction and pending criminal case information only and that it will not necessarily disqualify me. The information below is correct to the best of my knowledge. SIGNATURE OF APPLICANT/EMPLOYEE APPLCANT/EMPLOYEE INFORMATION (PLEASE PRINT) LAST NAME FIRST NAME MIDDLE MAIDEN NAME OR ALIAS IF APPLICABLE PLACE OF BIRTH - - DATE OF BIRTH SOCIAL SECURITY NUMBER MOTHER S MAIDEN NAME (Requested but not required) FORMER ADDRESSES: SEX: HEIGHT: FT. IN. WEIGHT: EYE COLOR: STATE DRIVER S LICENSE NUMBER: ***THE ABOVE INFORMATION WAS VERIFIED BY REVIEWING THE FOLLOWING FORM OF GOVERNMENT ISSUED PHOTOGRAPHIC IDENTIFICATION: REQUESTED BY: SIGNATURE OF CORI AUTHORIZED EMPLOYEE O:\Licensing\PacketsAlcohol-new\GeneralonPremises\2-CORIFORM.DOC

4 Date: TOWN OF BARNSTABLE New Application Renewal Transfer Other LICENSE APPLICATION 200 Main Street Hyannis, MA (508) NO BUSINESS MAY OPERATE WITHOUT A VALID LICENSE ON THE PREMISES Name of applicant/corporation/llc: Owner Home phone #: Address of applicant/corporation/llc: Business phone #: D/B/A Business location: Business mailing address (if different from above): License Type: Annual Hours of Operation: Federal ID #: Hours of Entertainment: Seasonal OR Owner SS#: Hours of Alcohol Service: Name of Manager: Manager s permanent mailing address: Manager s home phone #: Name of property owner: ASSESSOR S MAP/PARCEL #: MAP PARCEL Applicants must ONLY contact the Building Commissioner s office, (508) , the Board of Health office, (508) , and the appropriate Fire District office to schedule inspections IF YOU ARE NOT OPEN OFFICE BUSINESS HOURS (8:30 4:30 daily). Signature of applicant:... For Town use only REAL ESTATE TAXES PAID IN FULL PAYMENT AGREEMENT IN EFFECT ON IS THIS USE PERMITTED WITHIN THIS ZONING DISTRICT? YES Occupancy set by Building Div.: NO Capacity set by Building Div.: Building/Zoning Date Board of Health Fire District Date Comments: White - Licensing Authority Gold - Building Commissioner Pink - Fire Department Date Canary - Health Division

5 Instructions for obtaining Abutter Lists and Notification 1. Go to the Town Hall Building at 367 Main Street, Hyannis to obtain a list of abutters for Liquor License transaction. Go to the GIS Department on the 3 rd Floor. Ask them to include any churches, schools or hospitals within 500 feet as well as direct abutters. 2. Take the list to the Assessors Office on the 1 st Floor and have it certified as to being current. Within 3 days of publication of the ad for your hearing in the Barnstable Patriot (look on the hearing notice provided at the time of your application for the date the ad will appear), mail a copy of the ad to each abutter, certified mail, return receipt requested. If the property lists an owner who has a different address than the property address, send a copy of the ad to the different address. Also send or drop off a copy to Occupant or Lessee at that property address stating the property is subject of a hearing. 3. The Barnstable Patriot will bill you directly for the ad for your hearing. It is your responsibility as part of the application process for obtaining or changing a license to pay for this ad promptly. 4. Attach the green and white receipts from the Post Office to the Affidavit of Notice of Mailing to Abutter and Others in your application package. Complete the affidavit and sign your name in front of a Notary Public. 5. You may not receive all the green cards back prior to the hearing, This is not necessary. 6. Bring the affidavit to the Licensing Office at 200 Main Street, Hyannis the week prior to the hearing. If abutter notification is required and you have not provided this affidavit, the hearing cannot go forward on the hearing day.

6 AFFIDAVIT OF NOTICE OF MAILING TO ABUTTER AND OTHERS To the Licensing Board for the Town of Barnstable: I,, hereby certify that the following is a true list of the persons shown upon the Assessor s most recent valuation list as the owners of the property abutting the proposed location for an alcoholic beverage license at and that the following schools, churches or hospitals are located within the radius of five hundred (500) feet from said proposed location: If there are none, please so state I also certify that the notice of this application/petition concerning an alcoholic beverages license was given to the above by mailing to each of them within three days after publication of same, a copy of the advertisement as attached below. Also attached are the registered receipts/return registered receipts bearing signatures of persons receiving said notice. Signed and subscribed to under penalties of perjury this day of, 20. Barnstable, ss. COMMONWEALTH OF MASSACHUSETTS On this day of,, before me,, the undersigned Notary Public, personally appeared, proved to me through satisfactory identification to be the person whose name is signed on this document, and acknowledged to me that he/she signed it voluntarily for its stated purpose(s). Signature Printed Name Attach advertisement And receipts here Notary Signature Notary Printed Name SEAL My Commission Expires: O:\Licensing\PacketsAlcohol-new\GeneralonPremises\5-affidavit of notice-abutters.doc

7 Town of Barnstable Regulatory Services Richard V. Scali, Interim Director Licensing Authority 200 Main Street Hyannis, MA Telephone: (508) Fax: (508) ALCOHOLIC BEVERAGE APPLICANT S FINANCIAL STATEMENT NAME OF APPLICANT: BUSINESS ADDRESS: SPECIFY WHAT WAS PURCHASED AND THE PRICE THEREOF: A. LICENSE $ B. STOCK OF CORP. $ C. REAL ESTATE $ D. ASSETS OF CORP. $ E. EQUIPMENT $ F. OTHER $ $ TOTAL PURCHASE: $ FINANCING SOURCE OF FUNDS A. CASH DOWN PAYMENT $ B. LOAN #1 $ C. LOAN #2 $ D. OTHER $ TOTAL: $ LOAN TRANSACTION INFORMATION A. AMOUNT OF LOAN $ B. PAYEE S NAME & ADDRESS: C. GUARANTOR S NAME & ADDRESS: D. SECURITY FOR LOANS: IF THE APPLICANT LEASES THE PREMISES, LIST THE LESSOR, ANNUAL RENT & INDICATE TO WHOM SUCH PAYMENTS ARE MADE: A. NAME AND ADDRESS OF LESSOR: B. NAME AND ADDRESS OF LESSEE: C. ANNUAL RENT: RENT PAID TO: SIGNATURE OF APPLICANT: O:\Licensing\PacketsAlcohol-new\GeneralonPremises\6-APPLICANT'S FINANCIAL STATEMENT FORM.DOC

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9 Chapter 162: PUBLIC HEARINGS [HISTORY: Adopted by the Town of Barnstable as indicated in article histories. Amendments noted where applicable.] Article I Hearings on Ordinances Public hearings required Notice of hearing. Article II Notification of Public Hearings Delivery to address of property affected. Article I: Hearings on Ordinances [Adopted by Order No (Art. VI of Ch. I of the General Ordinances as updated through )] Public hearings required. The Council shall hold a public hearing on any proposed general ordinance or amendment thereto Notice of hearing. Notice of such hearings shall be published in the same manner as appropriation orders under the Charter. Article II: Notification of Public Hearings [Adopted by Order No (Art. XXII of Ch. II of the General Ordinances as updated through )] Delivery to address of property affected. Whenever a notice of a public hearing is required to be mailed to the owner of a parcel of real estate, a copy of said notice shall also be sent to "occupant" at the local street address of the affected property, if different from the property tax billing address.

10 YOU WISH TO OPEN A BUSINESS? For Your Information: Business Certificates cost $40.00 for 4 years. A Business Certificate ONLY REGISTERS YOUR NAME in the Town (WHICH YOU MUST DO according to M.G.L. - it does not give you permission to operate). You must first obtain the necessary signatures on this form at 200 Main St., Hyannis. Take the completed form to the Town Clerk s Office, 1 st Fl., 367 Main St., Hyannis, MA 02601(Town Hall) and get the Business Certificate that is required by law. DATE Fill in please: APPLICANT S YOUR NAME/CORPORATE NAME BUSINESS TYPE: BUSINESS YOUR HOME ADDRESS: TELEPHONE # Home Telephone Number NAME OF NEW BUSINESS SSN OR EIN: Have you been given approval from the building division? YES NO ADDRESS OF BUSINESS MAP/PARCEL NUMBER When starting a new business there are several things you must do in order to be in compliance with the rules and regulations of the Town of Barnstable. This form is intended to assist you in obtaining the information you may need. You MUST GO TO 200 Main St. (corner of Yarmouth Rd. & Main Street) to make sure you have the appropriate permits and licenses required to legally operate your business in this town. 1. BUILDING COMMISSIONER S OFFICE This individual has been informed of any permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 2. BOARD OF HEALTH This individual has been informed of the permit requirements that pertain to this type of business. Authorized Signature** COMMENTS: 3. CONSUMER AFFAIRS (LICENSING AUTHORITY) This individual has been informed of the licensing requirements that pertain to this type of business. Authorized Signature** COMMENTS: