Guidelines and Criteria to be Applied by Franklin Town Council in Determining Penalty to be Imposed Upon Alcohol Beverage Licenseholder for Violation

A BYLAW TO AMEND THE CODE OF THE TOWN OF FRANKLIN AT CHAPTER 47.

BE IT ENACTED BY THE FRANKLIN TOWN COUNCIL that Chapter 47 of the Code of
the Town of Franklin is amended by adding a new Section 47-22 as follows:

§47-22. Guidelines and Criteria to be Applied by Franklin Town Council in Determining Penalty to be Imposed Upon Alcohol Beverage Licenseholder for Violation.

A. Guidelines for Compliance Check Violations:

First Offense

Three to five-day suspension, one to three days to be served, with balance held in abeyance for two years.

Second Offense*
Five to seven-day suspension, three to five days to be served, with balance held in abeyance for three years.

Third Offense*
Seven to ten-day suspension, five to seven days to be served, with balance held in abeyance for five years.

*Any outstanding prior penalty held in abeyance shall be brought forward and served.

All penalties shall be served, at Council's option, commencing on the day of the week of the violation.


B. Other Operational Violations:

The Town Council shall consider each alleged violation on its facts, on a case-by-case basis and reserves its statutory right to modify, suspend or revoke a license; however, it may, in its sound discretion, apply the guidelines for compliance check violations, as well as aggravating or mitigating factors as follows:

Aggravating Factors:

1. Deliberateness of violation: intentional, willful, or negligent.

2. Facts of violation
a. Incident impacting public safety or accident involving serious personal injury or death.
b. Continued service of intoxicated or underage person or serve of multiple intoxicated and/or underage persons.

3. Multiple statutory and/or local bylaw violations.

4. Licensee's obstruction of or non-cooperation in investigation.

5. Licensee's failure to provide adequate staff training and oversight procedures.

6. Number and frequency of prior violations.

Mitigating Factors:

1. Licensee's acknowledgment of violation.

2. Licensee's cooperation in investigation.

3. Licensee's prevention attempts: equipment installation, staff training, oversight procedures, etc.

4. Licensee's voluntary remediation efforts: additional equipment, training, procedures, etc.

This bylaw amendment shall become effective upon passage in accordance with the provisions of the Franklin Home Rule Charter.



The full listing of Franklin, MA bylaws can be found online here
http://ecode360.com/FR1096?needHash=true