Number: SO 24-12 Date: 3/12/24 Post/Mention: Indefinite

Number: SO 24-12

Date: 3/12/24

Post/Mention: Indefinite

SUBJECT: RULE 326 - LICENSED PREMISES INSPECTION/PAID DETAILS - REVISED

Effective immediately, Rule 326, Licensed Premises Inspections/Paid Details is hereby

revised and reissued superseding all previous rules, special orders, memos and directives on

this subject.

Section 4 (E), Section 7, and Section 9 are being corrected to replace Licensing Unit

with Licensed Premises Unit. Copies of inspection notices are to be sent to the Licensed

Premises Unit, which will forward a copy of all such reports to the Licensing Board and/or

Licensing Division if appropriate.

Commanding Officers shall ensure that this order and the attached Rule are posted on

Department bulletin boards.

Michael A. Cox

Police Commissioner

Boston Police Department Rules & Procedures

Rule 326

March 12, 2024

RULE 326 - LICENSED PREMISES INSPECTION/PAID DETAILS

This Rule establishes guidelines and procedures for the conduct of Police Officers performing

paid details in licensed premises and supersedes all previously issued Rules, Orders,

Memorandums and Directives. Also, this Rule establishes Departmental policy relative to the

manner in which Boston Police Officers report violations of the Laws of the Commonwealth and

the Rules and Regulations of the Boston Licensing Board (hereafter referred to as the "Licensing

Board") and the Mayor's Office of Licensing and Consumer Affairs (hereafter referred to as the

"Licensing Division") and the Boston Cannabis Board (hereafter referred to as the “BCB”).

Sec. 1 GENERAL CONSIDERATIONS:

As agents of the Licensing Authorities, Officers may enter upon and inspect licensed premises,

including Cannabis Dispensaries (see M.G.L. c. 138 § 63; c. 140 § 21E; c. 140 § 210) (City of

Boston Ordinance, November 20, 2019 and Boston Cannabis Board Rules and Regulations, July

22, 2020.) However, in the absence of a search warrant, Officers are prohibited from using force

to gain entry for the sole purpose of conducting an inspection. Any person who hinders, delays or

refuses to admit an Officer in the performance of his duty is committing a criminal offense

(M.G.L. c. 138 § 63A). Any such incident shall be documented in an Incident Report and

reported to the Licensing Board and Licensing Division or the Boston Cannabis Board in

accordance with this order.

Sec. 2 POLICY:

All Police Officers acting in the capacity of agents of Licensing Authorities must concern

themselves with all crimes and violations of Licensing rules that are committed WITHIN or

ABUTTING licensed premises. Serious assaults, unlawful possession or use of weapons, sale or

possession of controlled substances and receiving stolen property (to mention just a few

examples) which take place on or abutting the premises are to be documented in an Incident

Report and be brought to the attention of the Licensing Authorities. The following selected rules

and regulations, the terms and conditions of which are applicable to licensed premises, if

violated, constitute a serious threat to public safety as well as interfering with and disturbing the

public peace. They are:

1. There shall be no disorder, indecency, prostitution, lewdness or illegal gambling on or abutting

the licensed premises.

2. There shall be no overcrowding, blocked aisles or obstructed fire exits. No increase in the

capacity of the licensed premises will be valid unless a petition is duly filed by the licensee and

approved by the appropriate Licensing Authority.

PLEASE NOTE THE CLEAR AND PRESENT DANGER FOR THE PUBLIC IN THE

OVERCROWDING OF LICENSED PREMISES. This condition places a grave responsibility

on all Police Officers in the Department to strictly monitor such conditions and to vigorously

enforce violations of such regulations.

3. Unless otherwise permitted, with the exception of liquor sold in packaged goods stores, all

alcoholic beverages sold in licensed premises must be opened and consumed on the premises.

(Patrons and/or employees are not allowed to enter or leave the premises with drinks or

containers of alcoholic beverages).

4. Officers are also to concern themselves with any other violations of the alcoholic beverage

laws which may come to their attention. (i.e., Happy Hours or Service of CBD infused drinks)

5. Officers are to be vigilant for the potential of Drink Spiking / Drugging incidents. Responding

Officers who encounter possible Drink Spiking / Drugging incidents should summon Boston

EMS to evaluate the victim(s), gather information, preserve evidence and encourage victim(s) to

obtain a bold or urine test at a hospital immediately. Officers should document this in an

incident report.

6. In any circumstances where a Licensed Premises Violation is also a criminal violation,

investigating Officers shall pursue both administrative and criminal complaints. (e.g.,

overcrowding, sale to minors, et al).

Sec. 3 PROCEDURES:

In conformance with Rule 103, s. 19 and Rule 104A, s. 14, all sworn personnel are required to be

knowledgeable of conditions in and around licensed premises. Accordingly, all Supervisors shall

make periodic inspections and all sworn personnel shall take notice of all licensed premises on

their assigned area and report all violations to their Patrol Supervisor. While it is the policy of

this Department that licensed premises inspections shall be conducted by Supervisors and

Detectives, uniformed Police Officers must be alert to violations which they may encounter

during the course of their normal duties.

All personnel will adhere to the following procedures when entering a licensed premises:

A. Code 10 - Personnel who enter a Licensed Premises for the purpose of a Code 10 will notify

the Operations Division that they are entering a licensed premises and state the location.

B. Radio Calls - Officers responding to a radio call will notify the Patrol Supervisor, via the

Operations Division, if the location of a call is a licensed premises. They shall inform the

Operations Division of the business name and exact address of the premises in question.

C. Inspections - Supervisors and Detectives who conduct a licensed premises inspection will

notify the Operations Division immediately prior to entering the premise, stating the address and

the appropriate radio code for a licensed premises inspection. Personnel conducting a licensed

premise inspection will announce a "Code 35."

D. Investigations - Personnel who enter a licensed premises during the course of an investigation

are not required to announce a "Code 35." However, they will notify the Operations Division

immediately prior to entering the premise, stating the address and the appropriate radio code and

shall record the name and address of the licensed premises and include the fact that they were in

a licensed premises in their report subsequent to the investigation.

Sec. 4 VIOLATION INSIDE OR ABUTTING A LICENSED PREMISES:

Whenever an Officer becomes aware of a violation INSIDE or ABUTTING a licensed premises,

the following action will be taken:

A. Notify Operations of a licensed premises violation and request that a Patrol Supervisor be

dispatched to the scene.

B. A Licensed Premises Inspection Notice (Form 1981 revised) - will be made out by a

Supervisor or a Detective. A Licensed Premises Inspection Notice (Form 1981 revised) will also

be made out by a Supervisor of Detective when an inspection of a Cannabis Dispensary is

conducted.

Check the appropriate box in the upper left corner to indicate whether inspection of a licensed

premises resulted in either a VIOLATION or NO VIOLATION of law, city ordinance or

administrative rules and regulation.

If the VIOLATION box is checked - answer the questions noted. (1) Were Police called? Did the

Licensee or the Manager notify the Police Department? (2) Was a Police Officer assigned?

Complete all other blocks on the form. Be specific if a violation of the law.

If the VIOLATION box is checked - an I# is to be obtained and entered on the form in the upper

left corner of the form.

If the NO VIOLATION box is checked - i.e., the on-premises investigation revealed no

violations, complete only those blocks designated by an (*).

C. Incident Report (BPD Incident Report) - If the VIOLATION box is checked, an Incident

Report (BPD Incident Report) describing the facts and circumstances of what transpired inside or

abutting the licensed premises must be completed by the Officer who observed the violation or

responded to the incident. “Licensed Premise” will be checked in the Event Statistics of the Mark

43 system.

D. Incident Reports concerning Licensed Premises that are reported subsequent to the event will

note the District of occurrence and will require the report author to notify a Detective from the

area of occurrence and note the Detective’s name in the Incident Report

E. Distribution of the Licensed Premises Inspection Notice:

When a violation is found, distribution will be made as follows:

White Copy - Licensee Copy

The remaining four (4) copies of the inspection notice shall be sent to the BPD Licensed

Premises Unit for distribution. A copy of the original Incident Report and any Supplementary

Incident Reports will be attached to both the Canary Copy and Pink Copy of the Inspection

Notices. Prior to forwarding the remaining four (4) copies of the inspection notice to the

Licensed Premises Unit, a photocopy of the notice shall be made and kept in the District

Commander's files.

When no violation is found, all five (5) copies of the inspection notice shall go to the BPD

Licensed Premises Unit for distribution. Prior to forwarding all original copies of the inspection

notice to the Licensed Premises Unit, a photocopy of the notice shall be made and kept in the

District Commander's files.

Sec. 5 GENERAL RESPONSIBILITIES OF POLICE OFFICER PERFORMING PAID

DETAILS AT LICENSED PREMISES:

A. Police Officers are first and foremost employees of the Boston Police Department. The fact

that a business is providing compensation to the City of Boston for the services of the Officer

shall have no relevance in the performance of official duties. Officers are primarily responsible

for enforcing the laws of the Commonwealth, City Ordinances, ensuring compliance with rules

and regulation of the Licensing Authorities and protecting the safety of the public. They shall not

act in any other capacity, such as checking I.D. cards or acting as doormen or ticket takers for the

management.

B. Except for paid details where a Superior Officer is also assigned, no Officer will be assigned

to perform more than two (2) paid details at the same licensed premises during any calendar

month.

C. No Officer shall be assigned or shall accept a paid detail at a licensed premise that will

conflict with his/her tour of duty.

D. Officers performing paid details at licensed premises will remain at the detail location for the

full duration of the detail.

For the purposes of Section 5B, 5C and 5D of this rule, a Licensed Premises shall be defined as

"a premises where the primary business is the sale or distribution of alcoholic beverages." It does

not include sporting or entertainment businesses where the sale or distribution of alcoholic

beverages is the secondary business (e.g., Fenway Park, Symphony Hall).

E. Any violation of laws, licensing regulations or conflicts involving management and police

personnel at licensed premised details shall require an immediate on-air request for a Patrol

Supervisor.

F. All Officers performing paid details at licensed premises will do so in full uniform, unless

there is permission from the District Commander to do otherwise.

G. Police Officers performing paid details at licensed premises are responsible for both the inside

and outside condition of the premises.

H. The standard rate of compensation for Officers performing paid details is established by the

Police Commissioner and is not subject to any variation, except by the Police Commissioner in

conjunction with the collective bargaining agreement(s).

I. Officers shall not accept cash as a legitimate payment for a detail. The only acceptable form of

payment for a detail is a City of Boston payroll check which is made out to the Officer.

J. Pursuant to Rule 102, Section 22, of the Rules and Procedures of the Boston Police

Department, Officers shall not solicit, seek or accept any gift or gratuity, including food, drink or

admission to public transportation or public amusements for themselves or others, from any

individual, merchant or business establishment, when it can be construed to involve their

position as an employee of the Boston Police Department.

K. Pursuant to M.G.L. c. 268A, § 2 (a) and (b), any offer of any present or future consideration

in an attempt to influence a municipal employee or any such act by a municipal employee in

order to obtain any such consideration is a three (3) year felony.

Sec. 6 RESPONSIBILITY OF SUPERVISORY PERSONNEL - PATROL SUPERVISOR:

The Patrol Supervisor shall respond to all requests for assistance or notices of violations

occurring at licensed premises and shall be responsible for ensuring that all Licensed Premise

Inspection Notice forms (BPD 1891) and Incident Reports are completed and, where applicable,

issued in accordance to this rule. Furthermore, Supervisors will:

A. Ensure that details performed at licensed premises are conducted in accordance with stated

Department policy and pursuant to the Laws of the Commonwealth, City Ordinances and the

Rules and Regulations of the Licensing Authorities.

B. Fully and correctly complete BPD Form 1891 for each premises he inspects or responds to an

incident occurring at.

C. Make periodic inspections of detail Officers at licensed premises as their work load allows.

D. Ensure that licensed premises are operated in an orderly fashion and not so as to constitute a

public nuisance.

E. Forward all copies of reports relative to licensed premises to the District Commander.

Sec. 7 COMMANDING OFFICER:

It will be the responsibility of the District Commander to establish a file for all licensed premises

where Inspection Notices have been issued and be certain that all Licensed Premises Inspection

Notices are forwarded to the BPD Licensed Premises Unit.

District Commanders shall:

A. Issue Licensed Premises Inspection Notice books (BPD 1891) to Supervisory personnel,

Detectives and Police Officers he so designates.

B. Ensure that Licensed Premises Inspection Notice Audit Summary sheets (BPD Form 2400)

are completed and that all forms are accounted for. Completed audit forms shall be forwarded to

the Auditing and Review Division, OII, and then to the Licensed Premises Unit for safekeeping.

C. Forward, on a weekly basis, Licensed Premises Violation/Inspection Weekly Summary Form

(BPD Form 2710), covering the period beginning Sunday, 12:01 a.m. and ending Saturday,

12:00 p.m. (Midnight), listing a summary of all licensed premises violations/inspections issued

by sworn personnel during the inspection of Licensed Premises.

Sec. 8 AUDITING AND REVIEW DIVISION:

The Auditing and Review Division shall conduct triannual inspections of all District files relative to

Licensed Premises Inspection Notices to ensure compliance with Department policy and procedures.

Sec. 9 PUBLIC NUISANCES:

Whenever a pattern of incidents develops to the degree that the Licensed Premises appears to be

operating as a public nuisance, the District Commander will forward a complete report to the

Police Commissioner and a copy to the BPD Licensed Premises Unit. The BPD Licensed

Premises Unit shall forward a copy of all such reports to the Licensing Board and/or Licensing

Division, whichever is appropriate. Case law has established that there is a legal precedent for

documenting incidents and securing evidence to support a public nuisance complaint.

It is necessary to provide proper documentation, based on the observations of the Police

Department, that a pattern of incidents has been established over a period of time which should

support a public nuisance complaint. Incidents which present problems for residents in

neighborhoods both outside and in the vicinity of such establishments are as follows:

• Controlled substance offenses

• Disorderly conduct

• Excessive noise

• Public drinking of alcoholic beverages

• Accosting and annoying residents

• Soliciting

• Assaults

• Obstructing/impeding pedestrian and vehicular traffic.

The above is not complete, however, it is to be used as a guideline in documenting certain

incidents which affect the peace and tranquility of a neighborhood. (See inside cover of Licensed

Premises Inspection Notice book for a more detailed list of violations and laws).

Michael A. Cox

Police Commissioner