About: John P. Connell, Esq.

Recent Posts by John P. Connell, Esq.

THE HAZARDS OF BUYING A DRINK “ON THE HOUSE”

Submitted by John P. Connell, Esq. on Tue, 19/06/2012 - 17:33

In a recent edition of Restaurant Startup & Growth, a national publication, an article focused on the pros and cons of allowing bartenders to offer the occasional free drink to its patrons. Restaurants and bars have always struggled with the tendency of its employee bartenders to provide free drinks to friends or to others for generating greater tips. While such Continue Reading...

WHAT KIND OF PENALTIES ARE IMPOSED FOR OFFERING DRINK SPECIALS?

Submitted by John P. Connell, Esq. on Tue, 19/06/2012 - 17:20

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...

BOSTON OFFICE OF CONSUMER AFFAIRS AND LICENSING HANDING OUT SERIOUS SUSPENSIONS FOR DANCING IN BARS

Submitted by John P. Connell, Esq. on Sat, 16/06/2012 - 17:36

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...

Can “Assistant Managers” Render A Restaurant Strictly Liable For Sexual Harassment?: PART II

Submitted by John P. Connell, Esq. on Thu, 14/06/2012 - 16:51

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...

Can “Assistant Managers” Render A Restaurant Strictly Liable For Sexual Harassment?: PART I

Submitted by John P. Connell, Esq. on Thu, 14/06/2012 - 15:38

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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