About: John P. Connell, Esq.

Recent Posts by John P. Connell, Esq.

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WHAT KIND OF PENALTIES ARE IMPOSED FOR OFFERING DRINK SPECIALS?

It is well established in Massachusetts that restaurants and bars are prohibited from selling alcoholic beverages for a discounted price pursuant to 204 CMR 4.03(1).  Selling discounted drinks runs afoul of Massachusetts so-called “Happy Hour” regulations that attempt to deter the negligent and sometimes criminal behavior associated with the excessive consumption of alcohol. Violation of these laws can draw stiff Continue Reading...
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BOSTON OFFICE OF CONSUMER AFFAIRS AND LICENSING HANDING OUT SERIOUS SUSPENSIONS FOR DANCING IN BARS

The Mayor’s Office of Consumer Affairs and Licensing, which regulates all entertainment licenses in Boston from the use of televisions to rock concerts, has been cracking down on unlicensed dancing in bars in recent months.  Under Massachusetts law, any club, restaurant or other establishment must obtain a license to allow its patrons to dance on its premises. M.G.L.A. 140 § Continue Reading...
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Can “Assistant Managers” Render A Restaurant Strictly Liable For Sexual Harassment?: PART II

In a recent trial in which this firm represented the restaurant and its owners against a claim that an alleged “assistant manager” so severely sexually harassed a waitress that the employee was criminally convicted of indecent sexual assault, it was left to a jury to decide the question of fact as to whether the alleged “assistant manager” performed such tasks Continue Reading...
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Can “Assistant Managers” Render A Restaurant Strictly Liable For Sexual Harassment?: PART I

Restaurants, like other businesses, are generally operated through a corporation or limited liability company, which owns all the assets of the business, including the restaurant’s liquor license.  The shareholders or members of the corporate entity sometimes participate on the management of the restaurant’s business, but often times such management is delegated to an employee manager.  It is the well-established law Continue Reading...
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WHEN DOES HAPPY HOUR RETURN IN MASSACHUSETTS?

Future may bring more drink specials, with a potential amendment to Massachusetts’ prohibition of “Happy Hour” specials.  The Alcoholic Beverages Control Commission (ABCC) will be conducting public hearings this summer to gage the public’s opinion on whether the State’s current legislation banning “Happy Hour” drink specials should be amended.   For the past 28 years, the State has prohibited “Happy Hour” Continue Reading...
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