Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Caterer Regulation topic
No spam. Unsubscribe anytime.
Solicitor: commission cannot require one‑day license for caterers under MGL ch. 138 §12C
Summary
The city solicitor advised the License Commission that it cannot impose a one‑day‑license filing requirement on caterers operating under MGL ch. 138 §12C because the statute sets a separate 48‑hour notice requirement.
Woburn’s city solicitor presented a legal opinion to the License Commission concluding that the commission cannot require caterers who operate under Massachusetts General Laws Chapter 138, Section 12C, to also file a one‑day permit.
The opinion explained that Section 12C allows caterers to serve alcoholic beverages at private events (not open to the public) upon providing 48 hours' notice to the police chief and local licensing authority and furnishing required documentation. Requiring an additional one‑day‑license filing would impose a separate requirement that conflicts with the statute's 48‑hour notice provision, the solicitor wrote. The memorandum said the commission may not adopt a rule that is stricter than a state statute where the statute provides a specific procedure.
Commission members acknowledged the opinion and placed the memorandum into the record.
Provenance: discussion begins at transcript block 3164.88 and continues through block 3268.285 (topicintro/topfinish).
