Policy for Service of Alcoholic Beverages under Alcoholic Beverages Control Commission’s BYOB Policy:

Any establishment that chooses to serve alcohol under the “BYOB” provisions agree to abide by all legal standards to ensure safe and proper service to patrons in accordance with all the guidelines and laws set forth by MA General Laws; the Alcoholic Beverages Control Commission and the Rules and Regulations of the City Of New Bedford governing establishments pursuant to MA. General Laws-Chapter 138.

• BYOB is allowed only under the following conditions:
• • On an unlicensed (for alcohol) premises only;
  • Consumer must maintain sole and exclusive possession of alcohol;
  • No charge directly or indirectly to consume;
  • All alcoholic beverages must be removed from the premises by the consumer who carried them in.

• BYOB is legal only under the following conditions:
• • In a location which has a Common Victualler license and is without an alcoholic beverages license issued under M.G.L. Ch. 138., and is consumed with the service of food.
  • As long as there is no sale to the consumer, directly or indirectly, such as:
  • • Corking Fee
    • Glass Fee
    • Table Fee
    • Service Fee
    • Or any other fee related to the serving of alcohol

As well as the following City of New Bedford Licensing Board Guidelines:

1:  The establishment is responsible for training employees in the correct procedures pertaining to this policy.

2:  Alcoholic beverages are limited to beer or wine.

3:  Alcoholic beverages are to be consumed inside the premises.

4:  No alcoholic beverages are to be consumed by any person under the age of 21 in violation of MA. General Laws, Chapter 138, Section 34.  It will be the responsibility of the establishment to ensure that patrons who consume alcoholic beverages on the premises are at least 21 years of age.

5:  Alcoholic beverages are not to be consumed on the premises by an intoxicated person.

6.    No alcoholic beverages may be served or handled by the employees.  This includes storing, refrigerating, or pouring alcoholic beverages.

7:  No alcoholic beverages may be purchased or provided from within the premises.

8:  Patrons cannot leave the premises with an open container of alcohol in violation of City of New Bedford Ordinance Sec. 17 - 10.  A patron who wishes to remove their unfinished bottle of wine from the premises must have the premises ensure that the bottle is securely resealed and placed in a one-time tamper proof transparent bag as allowed under MGL-Chapter 138, section 12.

10:  Any establishment who in the conduct of his/her business either directly or through his/her agent causes or permits any violations of state or local statutes or regulations under the “Bring Your Own Bottle” Policy or permits any other illegalities shall be subject to a hearing on the alleged violation for possible modification, suspension, or revocation of their Common Victualler license before the New Bedford Licensing Board.

11.  Please be advised, once you allow alcohol to be consumed on your premises, you accept full responsibility for all liabilities associated with the consumption of alcohol on your premises.

State Law (M.G.L. c. 138, sec. 2) prohibits the sale, storage, and transportation of alcoholic beverages except as authorized by Chapter 138.