HomeMy WebLinkAbout2009 Jun 11,16 - Emails: B. Moran, R. Lawton, B. Murphy Bob
The Health Dept dces not license or allow the golf building to be used as a daily function area of
the food service ticense at Bayberry Goff Club house.
We have allowed the golf cart building area to be used on a VERY limited basis, 1-2 times per
year, for gatherings with food from Bayberry's Kitchen. This would be instead of a tent erected for
a one day event.
Each event needs to be submitted in"writing"and be PRE APPROVED by the health dept,
including the food to be served, method of serving and area of building.
The serving of liquor in this area (inside or out side this golf cart building) is not under the health
dept jurisdiction.
I am not aware of any request or nor use of the golf cart building for this year.
Bruce
6l16/09
Page 1 of 2
Murphy, Bruce
_ _ . _
From: fedresource@comcast.net
Sent: Thursday, June 11, 2009 11:25 AM
To: Murphy, Bruce; Murphy, Bruce
Subject: Fwd: license law
Bruce: FYI
--- Original Message -----
From: fedresource@comcast.net
To: rlawton@yarmouth.ma.us, prooney@yarmouth.ma.us, malmonte@yarmouth.ma.us
Cc: prooney(c�yarmouth.ma.us, malmonte@yarmouth.ma.us
Sent: Thursday, June 11, 2009 10:36:00 AM (GMT-0500) Auto-Detected
Subject: License law
Mr. Lawton:
I am sorry to trouble you with these concems, however, I am having a hard time understanding that the cart
barnffunction hall was allowed to become part of the Bayberry Hills licensed premises and how it complies
with the RULES AND REGULATIONS CHAPTER 60, YARMOUTH TOWN CODE 60-10, Section 105 a.
1.05 Physical Premises
a. No licenses shall issue or shall be considered in good standing unless licensed
premises comply with all statutory requirements, including all applicable building
codes, fire, heaith, safety, trash, state and local tax obligation and other govemment
regulations and laws.
1 have heard the argument that use of the cart bam is on a case by case basis, however,
1. There is no restriction to the number of times a request for use can be made.
2. It seems to circumvent the change in the golf course licensing law. By the licensee requesting on a case
by case basis;
a.lt relieves the license holder of daily liquor liability on the grounds, administrative cost (cost to obtain
license for the golf course grounds) and labor cost (cost to supervise golf course grounds), and more
importantly,
b. Puts the alcohol liability/burden for the town to supervise on the entire golf course the remaining days of
the year.
Perhaps the explanation is; that approval was pertectly permissible in the past, but upon re-issuance of the
most recent license there should have been consideration given to the change in MGL with regard to golf
course and premise descriptions.
I ask that you provide a detailed explanation as to the town's position. Wdh your assistance I hope to come
to a better understanding of the law, which may disprove my concerns and prevent a frivolous action.
If my wncerns are with merit, please be advised that the authorization to utilize the cart barn as a function
hall seriously affects my ability to compete for the limited group play that the town tends to attract.
My best,
6/16/2009
. , Page 2 of 2
Bili Moran
6/16/2009