At a sparsely attended meeting this week, the Select Board voted unanimously to grant Carlson Orchards a license to serve hard cider by the glass at its taproom Thursday through Sunday, and on Monday holidays. Member Rich Maiore was absent. The board must now send paperwork to the state’s Alcoholic Beverages Control Commission, which can approve the board’s decision if no objections are lodged. After ABCC approval—which could take weeks—the Select Board can issue the license.
Carlson Orchards’ first attempt to gain a license was unsuccessful. Last June, several months before construction was complete on the 2,520-square-foot taproom, the Select Board granted the orchard a pouring license and sent it to the commission for approval. But the orchard withdrew its application after citizens sent a petition to the ABCC raising questions about traffic, noise, hours of operation, and allegations of flaws in the Select Board’s hearing process and possible errors in the application. Carlson’s applied again in December of last year.
On Tuesday, the board reviewed the conditions it had drafted last month and had sent to town counsel for review. After a few minutes of wordsmithing by board members, Town Administrator Tim Bragan noted the irony of second-guessing words chosen by a lawyer, whereupon board member Kara Minar found two minor errors, which were corrected. The final conditions set hours for the taproom at 11 a.m. to 6 p.m. on Thursdays, Sundays, and Monday holidays, and from 11 a.m. to 8 p.m. on Fridays and Saturdays. The 8 p.m. closing time, however, comes with a caveat: At 6 p.m. on Fridays and Saturdays, patrons must move indoors from the outdoor patio and covered porch. The board set that condition after some Oak Hill Road residents expressed alarm at possible disruption to their neighborhood, especially on summer evenings. Other conditions limit on-site parking to 350 automobiles, prohibit parking on Oak Hill Road, and require an entertainment license for public events for which admission is charged. (See “A lexicon” below) The hard cider to be served at the new taproom is—like Carlson Orchards’ cider—made off-site, but from Carlson apples.
When the license is finally issued, Carlson Orchards will become the fourth establishment in Harvard to possess a pouring permit, joining Fruitlands Museum, the General Store, and the golf course at Shaker Hills Country Club. (The golf course, which is served by a bar cart, is in Harvard, while the club house is in Ayer).
A lexicon: Harvard’s food, alcohol, and entertainment licenses
In addition to liquor licenses, the town requires a handful of locally-controlled licenses that pertain to food, alcohol, and entertainment. Massachusetts General Law (MGL) defines the provisions of these licenses, but approval lies with the Select Board. The board can choose whether to hold a public hearing before granting a license, and it may also add conditions to the license, such as hours, parking, and signage.
Entertainment license: Required when an admission fee is charged for entertainment. MGL Chapter 140, Section 181 describes entertainment as “theatrical exhibitions, public shows, public amusements, and exhibitions of every description.” This law applies to every day of the week except Sunday, when MGL 136, the “Common Day of Rest” law, applies. It states that a license is required if admission is charged for “dancing, except folk or square dancing, or any game sport, fair, exposition, play, entertainment or public diversion.“ Applicants may apply for a single-day license or an annual one. Both the General Store and Fruitlands Museum have annual entertainment licenses.
Common victualler license: Required for establishments that have the capability to cook, prepare, and serve food and that provide seating for the purpose of food consumption. MGL Chapter 140 defines the provisions of this type of license, including that the establishment must provide “suitable food for strangers and travelers.”
Carry-in for common victualler license: Allows customers to bring in and consume beer or wine at an establishment that holds a common victualler license. Sorrento’s Pizzeria has this type of license.
Carry-in for entertainment license: Allows customers to bring in and consume beer or wine at an establishment that holds an entertainment license.
One-day liquor license: A license to sell alcoholic beverages for one day. With this license, nonprofit organizations may sell all types of alcoholic beverages; other organizations may sell only wine or malt beverages. An organization may apply for up to 30 one-day liquor licenses per calendar year.
Farmers market license: Allows the sale of wine manufactured by a licensed farmer winery at approved agricultural events in Massachusetts.
—Joan Eliyesil
