Published January 29, 2020

By DAN TOMASELLO

LYNNFIELD — April Town Meeting will be asked to approve a new general bylaw that would ban minors from sitting at bars in restaurants and clubs.

Town Counsel Tom Mullen informed the Board of Selectmen on Jan. 22 that the proposed rule change can be accomplished in two different ways.

“The Board of Selectmen, who is the alcohol licensing authority in Lynnfield, can pass a regulation to that effect,” said Mullen. “And the other is to adopt a general bylaw to that effect.”

While Mullen said having Town Meeting adopt a general bylaw is “the stronger way to proceed,” he saw “no downside” of having the selectmen approve a regulation as well.

“It’s the belt-and-suspenders approach,” said Mullen.

Mullen recommended that the proposed new bylaw, which would be Chapter 195 of the town’s General Bylaws, be included in the April Town Meeting warrant. He also recommended that the selectmen adopt a new regulation prohibiting minors from sitting at bars.

According to a copy of the proposed bylaw, clubs and restaurants would be prohibited from allowing people under the age of 21 to sit at bar stools. The Police Department would enforce the bylaw, and establishments that violate it would be fined $300.

Mullen said approving a general bylaw at Town Meeting does not require a two-thirds vote that changes to the Zoning Bylaw require.

“I find it hard to believe that you are going to get a majority in opposition to something that is unobjectionable like this,” said Mullen.

Selectman Dick Dalton recalled that he and Town Administrator Rob Dolan discussed the proposed bylaw and regulation with representatives from the town’s restaurants.

“All but one said they do not allow it as a matter of practice,” said Dalton. “The only legitimate concern brought up by the other operators were the ones who have high-tops in the bar area. (Our) response was that we weren’t talking about high-tops in the bar area. We are talking about bar stools at the bar. All but one licensee agreed it.”

Dalton informed the Villager after the meeting that the Ninety-Nine Restaurant was the only establishment that objected to the proposed rule change.

“For someone who had been in the business for 40 years and had operated restaurants from New Hampshire down to Florida, it seems only reasonable to me that bar stools at a bar are for adults,” Dalton told his fellow board members. “They are not for minors.”’

Mullen acknowledged that the Ninety-Nine could file a lawsuit challenging the new bylaw and regulation.

“I don’t think that argument would work because it’s clear that as the liquor licensing board, you have the authority to have reasonable regulations,” said Mullen. “I don’t see anything unreasonable about this at all.”

Dalton said he was “not happy” that the town was considering adopting the new bylaw and regulation because he said restaurant operators “should be acting responsibly and should not need the Board of Selectmen micromanaging their business.”

“But in this case, it’s necessary,” Dalton added.

In response to a question from Selectmen Chairman Phil Crawford, Mullen advised the board that they “stay away” from imposing the new regulation as a condition for approving liquor licenses to restaurants and clubs that have bars.

“If you make it a bylaw and a regulation, it will be clear that it is applicable across the board,” said Mullen. “And all liquor licensees know or should know that whatever property rights that they have in their license, it is always subject to reasonable regulations.”

Dalton inquired if the selectmen could approve the regulation before Town Meeting votes on the new bylaw.

“I would like to see this come before us as soon as possible,” said Dalton. “And if that means a regulation followed by a bylaw at Town Meeting, that would be my preference.”

Crawford agreed.

“I think we should do both,” he said.

Selectman Chris Barrett concurred with Dalton and Crawford’s viewpoints.

“This is common sense,” said Barrett. “We should expect all establishments to adhere to this.”

After the discussion, the selectmen authorized Mullen to draft the general bylaw and the regulation. Mullen said he would have the regulation ready before the board’s next meeting, which will tentatively take place on Monday, Feb. 10.