The Ordinance and Explanation

The following notice was issued to all members of the Representative Town Meeting (RTM).

Notice of Passage

ADOPTION OF AN ORDINANCE TO ESTABLISH HOURS OF OPERATION FOR BOP ESTABLISHMENTS

1. Ordinance #289 was adopted by the Groton Town Council on August 7, 2018.

BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF GROTON:

1. Findings. In recognition of the growing practice of allowing patrons to bring alcoholic beverages to restaurants, clubs, meeting spaces, lounges and the like in the Town of Groton which establishments are not otherwise licensed by the State of Connecticut Liquor Control Division; the Town seeks to preserve and promote the health, safety, welfare, and quality of life of its residents by defining, clarifying and regulating this practice at such establishments.

2. Purpose. The purpose of this ordinance is to regulate the practice of allowing patrons to bring their own alcohol to commercial establishments within the Town.

3. Definitions.

Alcoholic liquor shall have the same meaning as the same term defined in C.G.S. § 30-1, as amended from time to time. B.Y.O.B. Establishment often referred to as "Bring Your Own Bottle" means any business facility, such as a dance hall, club, restaurant, lounge, meeting room or association, not licensed by the State of Connecticut Liquor Control Division, wherein patrons twenty-one (21) years of age or older are allowed to bring their own alcoholic liquor to the facility and to consume thereon. This designation includes any such facility regardless of whether such facility requires an entry fee, cover charge, membership fee or allows the practice only when associated with making a purchase at the facility.

4. Operation of B.Y.O.B. Establishments within the Town of Groton.

a. No alcoholic liquor may be consumed on the premises of such B.Y.O.B. Establishments as follows:

i. Monday through Friday, between the hours of Midnight and 10:00 a.m. between the hours of 12:00 a.m. and 10:00 a.m.

ii. Saturday and Sunday, between the hours of 1:00 a.m. and 10:00 a.m.

b. The consumption of alcoholic liquor by visibly intoxicated persons shall be prohibited at B.Y.O.B.      Establishments.

c. The consumption of alcoholic liquor by persons under the age of twenty-one (21) shall be prohibited at B.Y.O.B. Establishments.

d. Alcoholic liquor shall not be offered as a prize for any activity conducted at the B.Y.O.B. Establishment.

5. Penalties. Any person violating any provision of this section shall be subject to a fine of $250.00.

It is our belief that this ordinance is overly broad and will cause a variety of negative consequences to the town of Groton, our residents, and our local businesses.

If you don't like reading legalese, this is what it means.

Broad Application

First, it applies to any "business facility" such as a "dance hall, club, restaurant, lounge, meeting room or association" that does not have a liquor license. This wording is broad that it could be considered to apply to almost any non-residential space.

Consumption Curfew

It creates a curfew after which no alcohol may be consumed in these spaces of midnight from Sunday to Thursday night and 1 AM on Friday and Saturday night. This is not like last call at a bar because it is a point after which alcohol may not be consumed as opposed to acquired. This means that a ticket could be issued for consumption 1 minute after the stated time.

Penalty

Anyone violating these rules shall be subject to a fine of $250.

That means that this fine does not only apply to the business in which the consumption occurs, but that any staff who are involved, and any individuals who are involved may also be fined.

The decision of who is fined and who is not is at the discretion of the officer on the scene.

We have completely faith in the Groton Police Department. Under the excellent leadership of Chief Fusaro, they have done an excellent job of maintaining safety and order while also being fair and just in their enforcement. The great culture of the department means that even down to the most junior officer, we know that they will use their discretion with prudence and good judgement.

Our concern is, however, that a rule like this should be clear an unambiguous. There should be no question what will earn a sanction, and who will receive the penalty. This ordinance offers clarity in neither area.

Midnight Hookah Will Have to Leave Town

Midnight Hookah serves a community that is not served by other establishments: individuals who get off work between 1 and 3. When a 9-5er gets off work, they can go to a bar and have a beer, relax with friends, and unwind from work. When the bartender who served them gets off work at 2:30, there is no where for them to go to had a beer and relax. At least there wasn't until Midnight Hookah opened.

If this ordinance passes, much of that audience will find something else to do to unwind. Possibly roam around Groton. Possibly take their businesses elsewhere.

The loss of the audience would force Midnight Hookah to relocate to a more business friendly town.

Who Is the Town Council
The Town Council is made up of 9 hard working volunteers. They receive no pay for their efforts, and put in 15 hours or more every single week, all year long, serving our community and doing their best to do what is good for our town. While this ordinance is sufficiently flawed that it should be vetoed, we are confident that this is only because the Council is limited by their own experience, knowledge and awareness, as are we all.

We do not believe that they had any malice towards Midnight Hookah; merely a lack of understanding of the market which Midnight Hookah serves and its value to the community. We are certain that after this ordinance is vetoed, they will do a more complete due diligence and take into account all stakeholders that may be affected before working on a revised version of the ordinance.