11/02/2020 BOARD OF SELECTMEN Minutes

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6 Board of Selectmen Minutes November 2, 2020 APPOINTMENTS & HEARINGS Public Hearing: (Continued from August 24, 2020): Adoption of a Local Licensing Regulation per G L c 138 §23 and Board of Selectmen Policy#068 Alcoholic Beverages Licenses (Section III—Package Store All Alcohol) Banning the Sale of Alcohol Nips (50 mil) (50 milliliter(ml) container) and Further Banning the Sale of Alcohol Nips in Containers of up to 100 ml in size, as a Condition of any New Renewed and/or Transferred License for Establishments Licensed Pursuant to G.L. c 138 §15 Based on Considerations of Public Health, Welfare and Safety: (continued) As discussion continued there was disappointment as the liquor businesses have not communicated to the Town to seek ways to solve this problem, especially when time was allocated to gather 500 signatures for the petition. There was also concern as the industry has consistently made minimal effort to support the proposed bottle bill on the sale of alcohol nips. On social media there were recommendations in support of a bottle bill on the sale of alcohol nips. It was revealed the Board of Selectmen does not have this authority on the local level. A bottle bill was proposed by Representative Randy Hunt previously, but it lacked support and failed on the State level. After consulting a liquor store in Bar Harbor, ME where the bottle bill is instituted on alcohol nips, the bottle deposit does not stop the users from purchasing or throwing the bottles out the window. The issue remains a public safety matter and a public nuisance. However, since the bill was enacted there is no litter of alcohol nips. It was agreed that Representative David Vieira would be consulted regarding this matter. Representative Vieira also represents the Town of Falmouth where the ban on the sale of alcohol nips was passed with little objection. This initiative may prove beneficial to both towns. Selectman O'Hara indicated he recently discussed this matter with Representative Vieira who was noted to be receptive to bring forth this approach to the governing legislation. In fairness to the business owner it is not reasonable to target the retailer rather than the consumer who is ultimately responsible for littering. It was suggested the Board take incremental steps to advocate the bottle bill with a deposit of$0.50 or$1.00 per bottle, and to work together to schedule a general clean-up of the Town of Mashpee. If the ban on the sale of alcohol nips was instituted, the restriction would become a condition of the license. The Board of Selectmen has the ability to schedule a Public Hearing to make amendments to the license where appropriate and if a solution has been developed. Motion made by Selectman O'Hara to table the discussion on this matter to June 1, 2020. There was no second. The motion did not carry.