North Adams Committee Nixes BYOB Ordinance

March 12, 2012
By Fogelman & Fogelman on March 12, 2012 12:03 AM |

The North Adams' General Governance Committee will recommend the city do without a "bring your own bottle" ordinance, at least for now, reports iberkshires.com

The topic has been under debate since last spring, when the owners of Big Shirl's informed the city they would allow it for evening hours and wanted to know if there were any requirements. The state has no regulations on diners bringing their own bottle of alcohol to restaurants that do not have liquor licenses.

The city's main concern has been over the issue of liability related to someone imbibing alcohol at a restaurant that allows BYOB.

"There is no liability on the city if it does nothing," City Solicitor John DeRosa told the committee on Wednesday. "If you choose to regulate it in some form ... it would fall logically under the Licensing Board, which would then have the obligation to enforce it. If there's any liability one picks up, it's probably at that interface of an enforcement issue -- that we properly enforce our laws."