Common Victualler - Policies and Procedures

(Adopted by the Board of Selectmen 3/4/2008)

Common Victualler Licenses: (MGL Chapter 140)

Under Massachusetts General Law the Board of Selectmen, acting as the Licensing Authority, has a broad range of controls that they can impose on a license holder. The board can control the hours of operation, outdoor seating, trash, parking, signage and other items as it sees fit.  These conditions can change from one applicant to another except the board makes every effort to be consistent in their application of conditions with similar type entities.  Applicants for said license should be aware that State law, in Section 2 of Chapter 140, does not require a license to be granted as it states that “This section shall not require the licensing authorities to grant either of said licenses if, in their opinion, the public good does not require it.”(emphasis added).

This is an annual license which is renewed in December for the following calendar year. The Licensing Authority has the ability to review and if necessary amend any license as they see fit during the renewal process.

The following are the steps required to be taken by applicants who seek a Common Victualler License.

  • The applicant must fill out the attached application and provide a detailed description of the business for which they need this license.
  • The applicant is required to pay the application fee at the time of submitting the application.

    Upon the receipt of a complete application, the Board of Selectman shall request a “compliance report” indicating any violations during the previous year from the Nashoba Associated Boards of Health, Agent for the Harvard Board of Health, prior to the annual renewal of any Common Victuallers License.  If upon reviewing this report and other relevant information, the Board of Selectmen find that there is sufficient “cause” to hold a Public Hearing, then they shall notify the applicant.

    Within 30 days of receipt of the completed application, the Board of Selectmen shall determine if they will review the application at a regularly scheduled meeting or order a Public Hearing.

    If the Board of Selectmen determine that a Public Hearing is required, the applicant will be notified and is responsible for publishing a legal notice in a newspaper serving the Town of Harvard (such as: The Harvard Press, The Harvard Post or the Harvard Hillside) once at least two weeks prior to the Public Hearing, at which time the Board of Selectmen will review the application, hear from the applicant, as well as any citizens who will be able to voice their concerns or praise for the holder of the Common Victuallers license which is up for renewal.

    A Public Hearing will be required of all applicants should the premises  for which the License pertains to be located in an Agricultural Residential (A/R) zoning district and any of the following conditions occur: (1) the initial time that the application is filed after January 1, 2008; (2) at the annual renewal of this license if there are any changes at all from the prior year issued license use(s); (3).  there have been  any violations of law regarding the applicant in the previous twelve months or since the last renewal; and in conjunction with publishing a legal notice the applicant will also be required to send certified copies of a Notice of Public Hearing to all abutters within 300 feet of the property at which the Common Victuallers License will be used.
  • Any conditions the Selectmen impose on the license will be the responsibility of the Zoning Enforcement Officer for enforcement and any violation of these conditions will require a hearing before the Selectmen and continued infractions could result in loss of license.