WELLFLEET BOARD OF SELECTMEN
MINUTES OF MEETING OF SEPTEMBER 30, 2003, 8:45 P.M.
LIBRARY MEETING ROOM
Present: Dale Donovan, Chair; Jerry Houk, Michael May,
Helen Miranda Wilson, Ira Wood.
Meeting called to order at 8:45 p.m. by Chair Dale Donovan.
The Chair reported that Town Counsel has said that, in light of the General Bylaw prohibiting the use of alcoholic beverages on Town property, Selectmen do not have the right to license the sale and consumption of beer in the Town Hall parking lot as part of the Wellfleet Oyster Festival. Dale Donovan MOVED "that the Board of Selectmen rescind its vote waiving Article 7, Section 19 of the General Bylaws." SECONDED by Michael May and CARRIED 4-0-1, with Wilson abstaining on the ground that she had not had opportunity to examine the Bylaw with reference to Town Counsel's opinion.
A five minute recess was declared before taking up the issuance of a liquor license to the Wellfleet Oyster Festival.
9:00 P.M. Public Hearing: Issuance of Liquor License to Wellfleet Oyster Festival. Members of the Festival Committee were present, with Lisa Brown and Attorney Benjamin E. Zehnder as spokespersons.
Ms. Brown proposed two amendments to the original request:
(1) The premises to be licensed are restricted to the food tent
and the food court immediately outside the tent.
(2) Liability insurance will be increased by $1 million.
Dale Donovan asked that the space to be licensed be delineated on the liquor license application, and Ms. Brown did so.
Helen Wilson said her concerns have been allayed by research into MGL, Chapter 138 concerning temporary liquor licenses and by the
stipulation of the area to be licensed.
Jerry Houk MOVED "that the Board of Selectmen grant a license for the sale and consumption of beer for two days to SPAT for the Wellfleet Oyster Festival." SECONDED by Mike May.
Dale Donovan asked that the motion be amended to stipulate the hours and area to be licensed. Mr. Houk and Mr. May accepted this amendment.
Jerry Houk MOVED "that the Board of Selectmen grant a license to SPAT for the Wellfleet Oyster Festival for the sale and consumption of beer for two days, according to the hours specified in the application, and according to the area of the Town Hall parking lot to be used as specified in the application." SECONDED by Mike May.
BOARD OF SELECTMEN MINUTES, LIQUOR LICENSE HEARING 2
WELLFLEET OYSTER FESTIVAL
Helen Wilson said that a section of the Town Hall parking lot should be specified, and wished to explain her reasoning.
Jerry Houk called the question.
VOTE: Motion CARRIED 4-1, with Wilson voting against the motion on the ground that the Town has a Bylaw stating that alcoholic beverages may not be used on Town property and it should have been specified that only a section of the Town Hall parking lot is to be used for this purpose.
Meeting adjourned at 9:15 p.m.
Respectfully submitted,
Birgitta V. Olson
Committee Secretary
________________________
Dale Donovan, Chair
Approved 10/7/03
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