Wareham Selectmen ponder definition of ‘nightclub’

Nov 16, 2016

Concerns over the possible expansion of the town’s after-hours scene prompted Selectmen to seek answers on state liquor laws.

After hearing a breakdown of some archaic-sounding state laws that still refer to bars and nightclubs as taverns, Selectmen opted to revisit the issue in mid-January.

Selectman Patrick Tropeano said alcohol served during performances at Buzzards Play Productions raised several questions, causing him to raise the issue.

Multiple times throughout the year, the business receives one-day alcohol licenses from Selectmen to serve drinks during performances.

Tropeano said that practice blurs the lines of what defines a nightclub versus a bar. And the board needed some clarity.

“We’re starting to see more of this as the town grows,” said Tropeano. “What is considered a nightclub and what is considered a restaurant with entertainment?”

Attorney Richard Bowen said that under state law, the vast majority of businesses granted licenses to serve liquor must also serve food.

That subjects a business to a variety of laws that govern cleanliness related to food service, which are generally stricter than if the business served alcohol alone.

“That means you’re looking for an establishment that’s run in a safe and professional manner,” said Bowen.

Buzzards Play House does not serve food, which concerned Tropeano. Although, he tempered his remarks with support for the business.

“No one wants to see them go out of business,” said Tropeano. “The comedy shows lead to a different type of event. There’s nothing to eat to absorb the alcohol.”

Bowen said that, in his opinion, it might make sense for Selectmen to require repeat one-day applicants, such as Buzzards Play House, to seek permanent liquor licenses.

“I certainly don’t disagree with that,” said Bowen.

Ultimately, Selectmen decided that more research was needed before setting policy moving forward.

“We’re not going to solve this one tonight,” said Tropeano.

“But we can ask the questions,” said Selectman Peter Teitelbaum.