HomeMy WebLinkAboutTemp alteration liquor licenses 2023 TOWN OF YARMOUTH SBORDOF
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,,,A,-,� � 1146 ROUTE28, SOUTH YARMOUTH, MASSACHUSETTS 02664-244 TOWN ADMINISTRATOR
'` '""° Telephone(508)398-2231, ext. 1271, Fax(508)398-2365 R rl V D
MAY 12 2023
On March 29t'',2023,Governor Maura Healy signed into law"An Act making apprbp„rations for
the Fiscal Year 2023 to provide for supplementing certain existing appropriations a;nd'lbekettaittpARTMENr
other activities and projects."On April 7t'',2023,at a public hearing,the Alcoholic-Bev
Control Commission approved Guidelines for Outdoor Alcoholic Beverage Service Areas.These
Guidelines went into effect immediately.A copy of the guidelines can be found on the ABCC's
website at www.mass.gov/abcc.
TEMPORARY ALTERATION OF PREMISES FOR LIQUOR LICENSES
B ines Name:
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Business ddress:
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ABCC License#:
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Town Administrator Approved On:
Town Administrator Signature:
Description of Change of Premise:
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Special Conditions:
1. Alcohol service at temporary outdoor seating is limited to 8AM to 11PM Monday through
Saturday, and LOAM to 11PM on Sundays, unless your current license states shorter hours in
which those will be the approved hours for the temporary extensions.
2. Approval shall be in accordance with the attached layout and seating plan.
General Conditions:
1. Authorization expires automatically on April 1, 2024. The Town retains the right to modify or
revoke this decision.
2. The Alcoholic Beverages Control Commission(ABCC)Guidelines for Outdoor Alcoholic
Beverage Service Areas must be followed.
3. All licensees must ensure they comply with the laws of the Commonwealth of Massachusetts and
that sales of alcoholic beverages take place only as authorized by federal, state,and local law.
4. All outdoor alcoholic beverage service areas must be enclosed by a barrier, fence, or partition,
sufficient for the licensee to maintain control of access to the area and to provide a safe
environment for the patrons.
5. Combined indoor and outdoor seating cannot exceed the total number allowed under the current
Certificate of Inspection.
6. All applications for outdoor alcoholic beverage service areas must include documentation
demonstrating the right of the Licensee to occupy or permission to use the outdoor alcoholic
beverage service area(s). this must include permission to transport alcoholic beverages over
public property, if applicable, such as over public sidewalks
ebcr atttiArl ` 2ut tr tf. Aker; ttt t�rpepi i w rov#de st description of the Purtop ssed outdoor
seating area including how the area will be cncic sdt'ropcd ffand subin3t pia»s of thr rauzdoar sezttin�;
area.
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Submittal Requirements:
l.... �I of Amended Insurance Certificate of to covering the outd seating area for Alcohol Alteration
of Premises.
2. Applicant shall provide Sketch plans taking into consideration the attached Gencraat provisions
for Outdoor Seating and shall show the following minimum information:
• building(s)with entrances noted.
6 parking spaces,travel lanes and c nergenry`vehicle actress and circulation.
• pedestrian circulation for staff and custom s.
O handicap accessibility accommodations.
dimensions and location ofthc temporary o tdo r seating area,lighting and dumpster
lotions,
4 • location and size of any tents along with ass points, lighting and safety measures
(rents may require a separate Express P it;please consult the Building Department).
Layout and Seating Plan for outside dining ith number of seats identified per social.
distancing requirements,and identifying bar area will be enclosed/roped off,
Copies of site plans can typically be found by adzes on th Town II ebsite under the Building or Hea€th
1.
directories at3rttptt:t/lfyarmottt3t.m .usfWelsl inlc/ lelccsnte,i spx`c =1
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'r ' SIiefY ,•let ; ail licats shall undergo Staff Revievi,and shall include the following
, � Departments: ealth, Fire,Police,Liming and other departments..s applicable,Reviews will be
maximum extent f asible_ P
' , . 1 , ' saioner and the Town Administrator,a authorized by the Board of Seiectineu,may
i' ¢-t xrk. ate§as they see 'fit and may grant,in its entire of in part,.and naay deny an:, alapli tic n.
Ainoticsirts are responsibk for mp iafcc with the G v:rrt rs Reopening g rtas.a f ill.nsefts tk' -. to
f '4 AsLV,Ny y;stai at and Secror.s cific protoi.ols an best practices,and any taller State
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TOWN OF YARMOUTH BOARD OF
t SELECTMES
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TOWN ADMINISTRATOR
MAT= r 1146 ROUTE 28, SOUTH YARMOUTH, MASSACHUSETTS 02664-24451
" �* Robert L. Whritenour,
-__ Telephone(508)398-2231,ext. 1271, Fax(508)398-2365 Jr.
TEMPORARY OUTDOOR SEATING/ALCOHOL ALTERATION OF
PREMISES APPLICATION
Business Name:
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Business Addre s•
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Applicant Name:
,(10 ISVIrr0
Applic nt Email:
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Applicant Phone Number:
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ABCC License#:
001 (S1�
Manager on Record:
Current Hours of Operation:
( I Al +0 I ( PM
Requested Hours of Ope tion:
Request for Qutdoor Seating: Request for(,outdoor Alcohol Service:
• Yes N • Yes V
• No • No
Description Existing Proposed
Occupancy Load of Building
Occupancy Load of Outdoor Areas
Seating Capacity of Building I I
Seating Capacity of Outdoor Areas
Total Square Footage of Outdoor Area I, Li(40 F 4
•
Parking Available on Site 3 3
Please Note:
• Occupancy of 50 or greater is shown on your Certificate of Inspection which should be displayed
at your establishment. Occupancy<50 is displayed on your Use&Occupancy Permit.Access to
these documents is available by address on the Town Website under the Building Directory.
• Existing Seating Capacity is based on your septic plan and also noted on your Food Service
Permit.
• Total seating(Indoors and Outdoors)cannot exceed the total number allowed under your
Certificate of Inspection or exceed your septic capacity.
• Required Parking for restaurants and eating establishments is 1 space per 3 occupants per Section
301.5 of the Zoning Bylaw.
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. ?s - 73 ifrvi& own of Yarmouth - Building Department '/
! Cr "i46 Route 28, South Yarmouth, MA 02664
��`MATTACltCifry� � Tel. 508-398-2231 Ext,i•26 ,--_- 11-1/-a1
7
• Temporary Outdoor Seating/ HEALTH DEPT.
Alcohol Alteration of Premises Application
Date:03/29n021
Business Name: LaPlaya,Inc dba El Marichi
•
. Business Address:416 Main Street,Route 28;West Yarmouth,MA 02673 Unit#:
Applicant Name:David Lopez Sr
Applicant Address:29 Kerry Ln,East Taunton MA 02748
•
E-mail Address:dlopersrll@yahoo.com Applicant Phone:(562)445-0244
ABCC License#:00130RS1518 Common Victualler#:14014105
Manager:David Lopez,Sr 1
Current Hours of Operation:Sunday through Saturday-12:00 pm to 10:00 pm
' Requested Hours of Operation:Sunday through Saturday-12:00 pm to 11:00 pm
Request for Outdoor Seating Only(Y/N):ves
Request for Outdoor Seating and Outdoor Alcohol Service (YIN):Yes
Occupancy and Seating: Complete the Table below.
Description Existing Proposed
' Occupancy Load of Building 117
Occupancy Load of Outdoor Areas 0 60
Seating Capacity of Building 117 13+- .57
Seating Capacity of Outdoor Areas 0 '-6& A ' ,,�1/
_Total Square Footage of Outdoor Area 0 1440 Sq ft 7 I
Parking available on site yes yes
Table Notes:
• Occupancy of 50 or greater is shown on your Certificate of inspection which should be displayed at your
establishment. Occupancy<50 is displayed on your Use&Occupancy Permit. Access to these documents is available
by address on the Town Website,under the Building directory at
• https://If.varmouth.ma.us[WebLink/Welcome.aspx?cr-1.
• Existing Seating Capacity is based on your septic plan and also noted on your Food Service Permit.
• Total seating(indoors and outdoors)cannot exceed the total number allowed under you Certificate of Inspection,or
exceed your septic capacity.
• Required Parking for restaurants and eating establishments is 1 space per 3 occupants per Section 301.5 of the Zoning
. Bylaw.
TO EXPEDITE THIS TEMPORARY PERMIT PROCESS, PLEASE SUBMIT COMPLETE APPLICATION MATERIALS
DIRECTLY TO THE BUILDING DEPARTMENT AT rfallon@yarmouth.ma.us
i 1C1m1
olio
,,,,, .�; Town of Yarmouth - Building Department
to, c 1146 Route 28, South Yarmouth, MA 02664'AV
`� ,,,, �-T,1,$ Tel 508-398-2231 Ext.1261 4��y�aJ
b1C )„,ti, �
Temporary Outdoor Seating/
Alcohol Alteration of Premises Application
Date:03/29/2021
Business Name: LaPlaya,Inc dba El Marichi
Business Address:416 Main Street, Route 28;West Yarmouth,MA 02673 Unit#:
Applicant Name:David Lopez Sr -
Applicant Address:29 Kerry Ln,East Taunton MA 02718
E-mail Address:dlopersrl1@yahoo.com Applicant Phone:(562)445-0244
ABCC License#:00130RS1518 _Common Victualler#:14014105
Manager:David Lopez.Sr
Current Hours of Operation:Sunday through Saturday-12:00 pm to 10:00 pm
Requested Hours of Operation:Sunday throughi Saturday-12:00 pm to 11:00 pm
Request for Outdoor Seating Only(Y/N):Yes
Request for Outdoor Seating and Outdoor Alcohol Service(YIN):Yes
Occupancy and Seating: Complete the Table below.
Description Existing Proposed
Occupancy Load of Building 117 ..-• 57 .ig
Occupancy Load of Outdoor Areas 0 60
Seating Capacity of Building 117 1411.- 5 -7
Seating Capacity of Outdoor Areas 0 60
Total Square Footage of Outdoor Area 0 1440 Sq ft
Parking available on site yes yes
Table Notes:
• Occupancy of 50 or greater is shown on your Certificate of Inspection which should be displayed at your
establishment. Occupancy<50 is displayed on your Use&Occupancy Permit. Access to these documents is available
by address on the Town Website under the Building directory at
https://ltyarmouth.ma.us/WebLink/Welcome.aspx?cr=1.
• Existing Seating Capacity is based on your septic plan and also noted on your Food Service Permit.
• Total seating(indoors and outdoors)cannot exceed the total number allowed under you Certificate of Inspection,or
exceed your septic capacity.
• Required Parking for restaurants and eating establishments is 1 space per 3 occupants per Section 301.5 of the Zoning
Bylaw.
TO EXPEDITE THIS TEMPORARY PERMIT PROCESS,PLEASE SUBMIT COMPLETE APPLICATION MATERIALS
DIRECTLY TO THE BUILDING DEPARTMENT AT rfallon@yarmouth.ma.us
•
•
AC E), ACAPUI9 OP ID:DI(
`..,.. CERTIFICATE OF LIABILITY INSURANCE DATE(2612lYYYY)
03/26/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on
this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).
PRODUCER 781-247-7800 ACT Evan Tobasky
Brown&Brown of Mass.,LLC PHONE 781-247-7800 FAx
dba Rodman Insurance Agency Alc,No,Ext): I lac No).781�44-0090
980 Washington St.Suite 325 N (E L
Dedham,MA 02026 ADDRESS:
Evan Tobasky _ INSURER(S)AFFORDING COVERAGE T NAIC f1
INSURER A:WeSCO Insurance Co. 25011
INSURED LaPlaya dba El Marlachi INSURER B:
cio Anderson Lampe Twin City Fire Insurance Co. 29459
15
1506 N Washington Street INSURER C:
Spokane,WA 99201
INSURER D:
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUER --
LTR TYPE OF INSURANCE INSO WVD POLICY NUMBER POLICY EFF pM/D EXP
IMMlDD/YYYY! fMM/DD/YYYYI LaAfTS
C X COMMERCIAL GENERAL UABIUTI' EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE n OCCUR 08SBMAD4757 06/18/2020 06/18/2021 DPREMl$Es FatE NT EDer,ce) $ 1,000,000
X Liquor Liability _MED EXP Any one person) $ 5,000
-PERSONAL&ADVINJURY $ 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000
_J POLICY l JE Ir 1 LOC
PRODUCTS-f OMP/OpAGG $ 2,000,000
OTHER: $
C AUTOMOBILE LUIBIUTY —T fCO COMEa BINED SINGLE OMIT $ntl 1,000,000
— ANY AUTO OSSBMAD4757 06/18/2020 06/18/2021 BODILY INJURY Ter person) S
OWNED — SCHEDULED
_AUTOSR ONLY AUTOS BODILY INJURY_(Per aoddant $
X. AUTOS ONLY X NON-QWIgE6 Z
AUTOS ONLYROC Jdsn DAMAGE
Peraoddenil S
S
C X UMBRELLA LIAR X OCCUR EACH OCCURRENCE _ $ 1,000,000
EXCESS LIAB CLAIMS-MADE 08SBMAD4T57 06/18/2020 06/18/2021 AGGREGATE S 1,000,000
DED 1_RETENTION$ _
A WORKERS COMPENSATION { $
AND EMPLOYERS'LIABILITY1 STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WWC3484073 08/15/2020 08l15l2021 500,000
fFICERlM M ER EXCLUDED/ n N IA
- E.L.EACH ACCIDENT S
�H) 500,00(
If yes describe under E.L.DISEASE•EA EMPLOYEES 500,000
DESCRIPTION OF OPERATIONS below ,E.L.DISEASE.POLICY LIMIT $
DESCRIPTION Of OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may he attached If more space Is required)
416 Rte 28,West Yarmouth,Mass.Includes outdoor dining.
CERTIFICATE HOLDER CANCELLATION
YARMCIUT
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
Town of Yarmouth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Yarmouth,MA ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
I o
ACORD 25(2016/03) ID 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
Description of Outdoor Seating/Alteration of Premises: Provide a description of the proposed outdoor
seating area including how the area will be enclosed/roped off and submit plans of the outdoor seating area:
Front of restaurant on the lawn area- 1440 Sq Ft enclosed with rope. 10 tables total at 6ft apart.
Submittal Requirements:
1. Insurance: Amended Insurance Certificate covering the outdoor seating area for Alcohol Alteration of
Premises.
2. Plans: Applicant shall provide Sketch plans taking into consideration the attached General Provisions for
Outdoor Seating and shall show the following minimum information:
• building(s)with entrances noted;
• parking spaces,travel lanes and emergency vehicle access and circulation;
• pedestrian circulation for staff and customers;
• handicap accessibility accommodations;
• dimensions and location of the temporary outdoor seating area, lighting and dumpster locations;
• location and size of any tents along with access points,lighting and safety measures(Tents may
require a separate Express Permit, please consult the Building Department).
• Layout and Seating Plan for outside dining with number of seats identified per social distancing
requirements,and identifying how the area will be enclosed/roped off.
Copies of site plans can typically be found by address on the Town Website under the Building or Health
directories at https://If.varmouth.ma.us/Webtink/Welcome.aspx?cr=1
Staff Review: All Applications shall undergo Staff Review and shall include the following Departments:
Health,Fire, Police,Licensing and other departments as applicable. Reviews will be expedited to the maximum
extent feasible.
The Building Commissioner and the Town Administrator,as authorized by the Board of Selectmen,may impose
conditions as they see fit and may grant, in its entirety or In part,and may deny any application.
Applicants are responsible for compliance with the Governor's Reopening Massachusetts plan related to
mandatory safety standards and sector-specific protocols and best practices, and any other State requirements.
Please note the provisions permitted by this application expire automatically on November 1,2020 or the
date the Governor's June 1,2020 Order is rescinded,whichever is sooner.
Building Owner-Signature Applicant ignature
David Brambila David Lopez
Building Owner Printed Name Applicant Printed Name
TO EXPEDITE THiS TEMPORARY PERMIT PROCESS,PLEASE SUBMIT COMPLETE APPLICATION MATERIALS
DIRECTLY TO THE BUILDING DEPARTMENT AT rfallon@varmouth.ma.us
•
Temporary Outdoor Seating/
Alcohol Alteration of Premises Application
ATTACHMENT-General Provisions for Outdoor Seating:
1. Parking,tents, or structures should not be located within required buffer areas and/or yard setbacks.
(Tents may require a separate Express Permit,please consult the Building Department). When locating
tents,take into consideration underground utilities and tent anchoring stakes and ropes.
2. Any coverings of outdoor dining areas(i.e.awnings, umbrellas,or tents) must have 50%of the perimeter
open and unobstructed.
3. If located within a parking area,the remaining parking shall be sufficient to meet the minimum parking
requirements of Section 301.5 of the Zoning Bylaw or occupancy may be reduced to meet available
parking,as determined by the Building Commissioner.
4. Safe pedestrian circulation shall be provided between the temporary outdoor seating area,the main
building(s)and parking areas.
5. Temporary outdoor seating area shall be located to allow for safe vehicular circulation and shall not
impede fire and public safety access or circulation.
6. Provide a physical barrier or separation from the outdoor eating area and vehicle traffic/parking areas.
7. Provide accommodations for handicapped parking and accessibility per the Architectural Access Board
(AAB).
8. Occupancy for the entire site (including indoor seating when allowed by the Governor) is limited to
maximum allowed by septic system,or maximum occupancy as determined by the Building
Commissioner,whichever is more restrictive.
9. Alcohol service at temporary outdoor seating is limited to 8 AM to 11 PM Monday through Saturday,
and 10 AM to 11 PM on Sundays. Outdoor seating for food service is limited to normal business hours
but no later than 11 PM.
10. For applicants proposing to serve alcohol, layout of the outdoor seating area should consider the
Alcoholic Beverages Control Commission(ABCC)Advisory regarding Guidelines for Extension of Premises
to Patio and Outdoor Areas.
11. Compliance with the Board of Health's Regulations on Outside Cafes,Town Code Chapter 194,is
required.
12. Dumpster locations must be 50'from the outside dining area,and shall be screened with fencing if
within the line of sight of the dining area.
13.The outdoor dining area surface must be constructed of materials that can be readily cleaned and not
susceptible to inordinate amounts of dust,mud,or debris(i.e. brick,tile,concrete, pavement or similar
washable surfaces). Other types of surfaces will need to be reviewed and approved by the Health
Department.
14.The process for Entertainment Licenses was not modified by the Governor's June 1,2020 COVID 19
Order 35 and any modifications to Entertainment Licenses would follow the standard procedure as
outlined on the Town Website.
TO EXPEDITE THIS TEMPORARY PERMIT PROCESS,PLEASE SUBMIT COMPLETE APPLICATION MATERIALS
DIRECTLY TO THE BUILDING DEPARTMENT AT rfallon@y_armouth.ma.us
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Capacity 44 Guest I Ught
Renaud, Philip
From: David Lopez <dlopezjr@me.com>
Sent: Wednesday,April 21,2021 5:32 PM ASK 1 2021
To: Renaud, Philip
Subject: Mariachi upgraded out side dining HEALTH DEPT.
Attachments: imagel jpeg;ATT00001.txt
Attention!This email originates outside of the organization.Do not open attachments or click links unless you are sure
this email is from a known sender and you know the content is safe.Call the sender to verify if unsure. Otherwise delete
this email.
73 inside
44 outside
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