Massachusetts Alcoholic Beverage Licensing Blog

Starting on June 1, some bars, nightclubs, and discos will be required to follow a new state fire safety regulation, 527 CMR 10.13, which requires any operator of a bar, night club, discotheque or dance hall that holds more than 100 people to designate what will be known as "crowd managers," or individuals that are required to ensure access to fire exits during all hours of operation.

The new regulation stems from the lack of proper internal oversight during the 2003 fire at the Station nightclub in West Warwick, Rhode Island.

In addition to ensuring access to fire exits while a facility is being used, crowd managers must also be aware of the maximum amount of people allowed within a building under local fire codes, take control of building evacuation plans, as well as check fire alarms, smoke detectors and sprinkler systems within the building on a daily basis.

The regulation does not apply to any facilities with fixed seating capacities, such as theaters.

The Worcester Telegram and Gazette had a good piece about a March scuffle outside of JR's Pub in Fitchburg, MA, and how the state's Alcoholic Beverages Control Commission is investigating the validity of the liquor license held by JR's.

The liquor license was initially awarded to JR's Inc., at 18 Putnam St. However, according to the secretary of state's office, JR's Inc. was dissolved in 1998.

The Lawrence Eagle-Tribune had a good piece of investigative reporting on the city of Lawrence bars and nightclubs, and the support those establishments receive from the city's political leaders, including controversial Mayor W. Lantigua.

The article discusses how Lantigua began using his political influence for the bars and clubs in 2003, the same year he took a seat in the state House of Representatives.

Out-of-state wineries are hoping this finally will be the year that they can make direct shipments to local Massachusetts consumers, as reported by the Boston Herald.

A trade group for California vintners, who've been pushing for the state for nearly 20 years, is supporting proposed legislation again this year. The bill was the subject of a public hearing last week before the Joint Committee on Consumer Protection and Licensure.

State law enacted in 2006 limits direct-to-consumer shipments to wineries that produce less than 30,000 gallons per year and haven't used a wholesaler for distribution in the last six months. It effectively prevents shipments of 98 percent of wine produced out of state, while allowing direct deliveries by all Bay State wineries.

But in January 2010, the First U.S. Circuit Court of Appeals upheld a lower court ruling that the law violates the commerce clause of the Constitution.

A similar bill died last year after being referred to the House Committee on Ways and Means. The wine industry put the blame on opposition from wholesalers.

The new bill filed by Rep. David Torrisi (D-North Anover) would require wineries to buy a state-issued license and mark boxes as requiring an adult's signature at delivery. It also limits the quantity of wine shipped to individuals to 24 cases per year.

Opposition is again expected from wholesalers.

Foxboro has become the latest community to add a 0.75 percent local option meals tax on top of the state's 6.25 percent tax.

After about 90 minutes of debate this week, annual town meeting voted 318 in favor of the tax, 221 opposed.

The tax will add 75 cents to a $100 tab for food and alcohol at a restaurant or bar. The additional tax will also apply to food and beverage sales at Gillette Stadium.

The town previously rejected the tax twice -- and lost out on a potential $1.2 million in revenue over a two-year period, town manager Kevin Paicos said during a slide presentation in favor of the article, according to the Foxboro Reporter.

Paicos created the presentation, which he has made several times before -- notably at the senior center -- on behalf of the previous board of selectmen when it favored the tax by a 3-2 margin.

According to the state department of revenue, the new local tax will give Foxboro approximately $600,000 in new revenue in fiscal year 2012, which will begin on July 1, 2011, and $750,000 in subsequent years.

The town plans to apply $300,000 of that sum toward what is now more than a $62 million unfunded liability for retiree health insurance obligations, and use a like amount for such needs as road repair.

In mailings and leaflets, restaurant owners warned that the new tax would hurt business in a down economy.

At town meeting, however, Joanne Drive resident Joseph McGuire, the chief financial officer for a chain with 14 restaurants in Massachusetts, said passage of the meals tax in other communities has had "zero" impact on his company's bottom line and "negligible" effect on hiring, as reported by the Foxboro Reporter newspaper.

Interesting piece in Advertising Age about the growing popularity of "craft brewers." Comprising nearly 2,000 mostly mom-and-pop brewers, the craft industry is a small portion of the $101 billion U.S. beer industry, capturing 7.6% of all dollars, according to the Brewers Association.

The Boston Herald reports that Olives owner Todd English, who has been taking some flak for focusing onhis out-of-state eateries, may be headed back to the kitchen at Olives.

The Boston Licensing Board recently approved English's request to be named manager of the shuttered Charlestown eatery. He would replace his ex-wife, Olivia, on the Olives paperwork.The celebrity chef's flagship restaurant has been closed for nearly a year after a grease fire gutted the kitchen.

Recently, the city gave English 45 days to show that some progress is being made to reopen the restaurant or risk losing the liquor license.

The Dedham Board of Selectmen has approved liquor license brunch provisions for Kings' Bowling and the Dedham Country and Polo Club. The provision, passed by Massachusetts voters in November 2010, gives restaurants permission to start serving alcohol at 10 a.m. on Sunday if they receive approval from local government. The Dedham Country and Polo Club told selectmen that they plan on serving beginning at 11:30 a.m.