BBQ/Party Question

[duffless2323.livejournal.com]

Hi, this may be a dumb question but I don't know the answer - pardon me if it's in the archive somewhere.

In Somerville, if you have a party/BBQ what are the rules about alcohol and open containers. Said party would be on the driveway that runs along the side of the house and behind the house - so we would be partially viewable from a main street.

What public drinking rules should I be aware of?

Thanks

Comments

[ron_newman]

I thought the rule was about drinking on city property (streets, sidewalks, parks) -- not what you do on your own land. You still need to avoid giving alcohol to people under 21.

[cheeseydreams.livejournal.com]

As long as you don't have people drinking in front of your house (or out in the street) or have obvious underage drinkers, and keep the noise from getting too out of control (especially late at night) you are fine.

[duffless2323.livejournal.com]

The "in front of the house" thing seems to contradict what the others are saying about on your property it's fine (I'm a renter).

I just don't want to get into any trouble because a guest is drinking out of a beer bottle instead of a plastic cup. There won't be underage drinkers and it won't be out of control.

[cheeseydreams.livejournal.com]

It really depends. If you have a yard, you can. If your steps lead straight onto the sidewalk, then you can't.

[ron_newman]

Why would that matter, as long as you stay on the steps and don't go onto the sidewalk?

[cheeseydreams.livejournal.com]

I'm not entirely sure, but I believe it could be considered public intoxication. I'm trying to find out more info on that, because most of what I have been told is based on hearsay.

[ron_newman]

I believe this is the relevant ordinance, and it says nothing about what happens on private property, only public.

[cheeseydreams.livejournal.com]

The link expired... Honestly, I'd rather be safe than sorry.

[ron_newman]

I don't know how a link can 'expire', but I'll paste the whole thing in here:

Section 9-1. Alcoholic beverages in public places.

(a) No person shall give, sell, deliver, have in his or her possession either in an open or
unopened container, or consume any alcoholic beverage in a public park, playground, rest area,
school grounds, recreational area, swimming pool or skating rink located within the city. Persons
violating the provisions of this subsection shall have confiscated both those opened and
unopened containers in their possession.

(b) No person shall give, sell, deliver or consume any alcoholic beverage, including but not
limited to beer and wine, on any street nor shall any person have in his or her possession an open
container containing such beverage on any street, unless said person (1) is a licensed common
victualler that has been granted a permit to place and maintain outdoor seating on a public
sidewalk (Sec. 12-14) and is duly permitted by the Somerville Licensing Commission to serve
alcoholic beverages with food, at outdoor seating, or is a patron thereof, or (2) is licensed to
conduct a festival, fiesta, street fair or any similar event (Sec. 8-14(a)) and is permitted by the
Somerville Licensing Commission to serve alcoholic beverages within the boundaries of said
event, or is a patron thereof. For purposes of this subsection a container shall be deemed open,
regardless of its closed or capped condition if the original sealant of the bottler has once been
broken.

(c) No person shall give, sell, deliver, consume or have in his or her possession in an opened
container any alcoholic beverage in the common areas of the city housing authority projects.
Common areas shall include, but not be limited to, hallways, stairwells, front steps, basements,
rooftops, sidewalks, parking areas, roadways and park areas.

(d) Any person violating any provision of subsection (c) of this section shall have
confiscated such containers in his or her possession by the police department or other person
authorized with police powers by law and be fined in accordance with section 1-11.

[cheeseydreams.livejournal.com]

I'm sorry, let me clarify, when I clicked on the link, the session has expired.

[ron_newman]

Which is strange, since I didn't think I had a 'session' and the link still works for me. Anyway, I hope the ordinance text is helpful to you or the OP.

[cheeseydreams.livejournal.com]

Yeah, it was strange.

That does help!

[curiositykt.livejournal.com]

so if you are walking home from the store, don't cut through the park.

[ron_newman]

Yeah, I found that a bit odd, too.

[clevernonsense.livejournal.com]

so if we break the seal twice we're cool, right?

Anyone over 21 can get drunk

[nvidia99999.livejournal.com]

on their property, assuming they are not disturbing the neighbors.

Re: Anyone over 21 can get drunk

[masswich.livejournal.com]

I think its fine as long as you stay on your property (even if you are a renter, and even if they are on the steps.)

What's more important, to me, is letting neighbors know there is going to be a party and that if there are any issues with noise, etc., they have a cell phone number they can call. That way they won't just call the police if they have a problem. Excessive noise, even in the daytime, is technically a violation of City ordinances, but more importantly its rude. So giving neighbors a heads up and a number to call can head off all sorts of issues. I've seen this done my email (where there is a neighborhood group email list) or via notes in peoples' mailboxes, or even in person.

Re: Anyone over 21 can get drunk

[purpless77.livejournal.com]

Even if a cell number is left, I think some neighbors might still call the cops for the anonymity. Please keep in mind that you might have the day off the next day but your neighbors might not. Unfortunately myself and a few friends of mine have had disrespectful neighbors who have had gatherings lasting until after midnight that they may have thought weren't loud but in fact were. You need to remember any music along with a number of people talking/laughing, etc, at the same time, makes for a loud gathering. It might be easier to not disturb others if it is you on the first floor and not your neighbors, considering you're holding this in the drive way. Steps can be a noise issue too, depending on whose if anybody's window is near the stairs.

Re: Anyone over 21 can get drunk

[masswich.livejournal.com]

Agreed. Some people will still call the cops, and its perfectly legal for them to do so. However, there are some minor things than can be more quickyl resolved with a direct conversation.

I think its always somewhat mandatory to move a party inside before midnight except for a few people who are willing to be fairly quiet. I have the occasional party on my street that lasts beyond midnight and, grumpy old man that I am, I usually walk over to them in my PJ's and ask them to take it inside. They generally do.

Re: Anyone over 21 can get drunk

[purpless77.livejournal.com]

I agree with you. But I can still see people calling the cops to avoid confrontation and to stay anonymous.

The problem with taking it inside is you might be the upstairs or down stairs neighbor. So it going inside could possibly be worse.

[somertricky.livejournal.com]

"What public drinking rules should I be aware of?"

Um, if you hear an airplane passing over, everyone takes a drink?

[closetalker11.livejournal.com]

And if a Street Tough wanders by, don't offer him a beer.

[geekpixie.livejournal.com]

And every time you hear the can/bottle rummagers at 4am after you've just conked out, take an aspirin and drink some more water.

[surrealestate.livejournal.com]

The Davis Square Drinking Game!

This needs to be codified.

Somerville Drinking Game? I want to play!!

[ethanfield.livejournal.com]

Drink when:
* You get a phone call from Tom Champion.
* Take a half-drink if it's from Jackie Rossetti or Lesley Hawkins.
* If it's from one of the police division captains, take your drinks off the porch, go inside, and lock the door.
* If it's from the fire chief, start dousing your porch in beer.

[upsidown.livejournal.com]

Get a noise permit, if that's possible. If it's like in other municipalities, it's fairly painless and will give you a solid block of time where neighbor complaints can't do anything.

[purpless77.livejournal.com]

I'm not sure if Somerville has such a thing. If they do I'm sure there are rules as to the events one can be obtained for.
The problem doesn't stop with the city though. If a person rents, complaints can go to the land lord. Noise permit or not.

[ron_newman]

I've never heard of a permit that allows an exception to the noise ordinance.

[upsidown.livejournal.com]

Well if you've never heard of it, it probably doesn't exist. Strange! I thought it was a common thing-- but perhaps it just doesn't exist here.

[suzybuzz.livejournal.com]

dude my cambridge parties used to get broken up all the time; i've had no trouble in Somerville, and our parties go LATE

[suzybuzz.livejournal.com]

try to schedule the bbq the same night as a Red Sox game and the cops won't care