That the City Manager is requested to instruct the License Commission and City Solicitor’s office to drop all charges against UpperWest and its owners, to reconsider UpperWest’s package store application, and to issue a public apology to UpperWest and its owners

Before the Alcoholic Beverages Control Commission In the Matter of Coffeeshop LLC, DBA UpperWest (LICENSE#: 016600441) and The City of Cambridge License Commission Memorandum of Law from the American Civil Liberties Union of Massachusetts, Inc. In Support of Coffeeshop, LIC, DBA UpperWest The American Civil Liberties Union of Massachusetts, Inc. (ACLUM) is a statewide, nonprofit organization dedicated to defending civil rights and civil liberties in the Commonwealth of Massachusetts. ACLUM respectfully submits this Memorandum of Law because the conclusions of the Cambridge License Commission as to Counts 2, 3 and 4 in the Notices in this matter are - and any similar conclusion by the Alcoholic Beverage Control Commission (ABCC) would be - inconsistent with the First Amendment to the United States Constitution and Article 16 of the Declaration of Rights, as amended by Amendment Article 56 of the Massachusetts Constitution. In addition, a finding of violation as stated in Count 1 of the Cambridge hearing notice dated November 13, 2018 issued to the owners of Upper West would constitute a violation of the due processes clauses of both the state and federal constitutions based on the cited Fire Safety Code provision being inapplicable or void for vagueness as applied in this case. 1

Consistent with the regulations governing these proceedings, this filing does not constitute an appearance but instead an amicus submission in support of CoffeeShop, LLC, DBA UpperWest (herein "UpperWest") as a friend of the tribunal. See 801 C.M.R. 1.02(3)(b) ("The filing by an attorney of any pleading, motion or other paper shall constitute an appearance by the attorney who signs it, unless the paper states otherwise) (emphasis supplied). In the alternative, and to the extent the Commission for any reason would not accept the filing under the condition so stated, this filing constitutes an appearance only for purposes of submitting the legal arguments set forth below. See id. (the filing "may limit the purpose of the appearance"). ACLUM has authorized UpperWest to submit this Memorandum as an Exhibit to its prehearing memorandum. Background This appeal arises from actions by the Cambridge License Commission ruling against the owners of the Upperwest as to four different charges (referred to in this Memorandum as "Counts") resulting in license suspension for a total of 5 days - 3 days on Counts 2 through 4 and an additional 2 days on Count 1. Each of the Counts relate to conduct alleged to have been committed by UpperWest on September 29, 2018, when members of the Cambridge Fire Department, along with a Cambridge Police Officer, came to the establishment and threatened to shut it down because there were small tea candles in glass containers on table tops as part of the décor. In a conversation that went on for 2

several minutes, the owners, particularly Kim Courtney, tried to convince the officials that the candles were not a violation of the law the officials were citing. The officials nevertheless said they were shutting the establishment down if the candles were not blown out. The candles then were blown out and, according to a video of the interaction recorded by the owners, Ms. Courtney then said words to the effect of "you guys are going to regret behaving this way." Count 1 alleged and the Cambridge License Commission found that the use of the candles violated various provisions of law. Count 2 alleged and the Cambridge License Commission found that the UpperWest owners hindered an investigation. Count 3 alleged and the Cambridge License Commission found that the UpperWest owners threatened and intimidated the officers on September 29. And Count 4 alleged and the Cambridge License Commission found that the Upperwest owners threatened to commit a crime against public officials. As explained below, a ruling finding a violation under Counts 2 through 4 would violate constitutional free speech principles and a finding of violation under Count 1 would violate due process because the law relied upon by the Cambridge Fire Department and the Cambridge Licensing Commission did not put the UpperWest owners on sufficient notice that their use of the small tea candles was a violation of law.

Argument Criticism of Public Officials in the Conduct of Their Official Duties is Political Speech Entitled to the Highest Protection under the First Amendment and Article 16 of the Declaration of Rights. The free speech provision of the First Amendment to the United States Constitution, applicable to state and local governments through the Fourteenth Amendment, represents "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." New York Times v. Sullivan, 376 U.S. 254, 270 (1964). See also Konigsberg v. State Bar of California, 353 U.S. 252, 268 (1957) (violation of free speech rights to deny admission to bar because of past criticisms of public officials; "Citizens have a right under our constitutional system to criticize government officials and agencies."). Article 16 of the Declaration of Rights provides at least as much protection as the First Amendment for free speech. See, e.g., Mendoza v. Licensing Bd. of Fall River, 444 Mass. 188, 196 (2005) (explaining that Article 16 provides greater protection to certain forms of protected speech than the First Amendment); Commonwealth v. Sees, 374 Mass. 532 (1978) (finding a violation of Article 16 where First Amendment not violated). Exceptions to constitutional free speech protection are limited and narrow. For instance, the First Amendment does not allow government to ban of punish all "threats" but only "true threats," which occur "where the speaker means to

communicate a serious expression of an intent to commit an act of unlawful violence to a particular individual or group of individuals." Virginia v. Black, 538 U.S. 343, 359 (2003) (citing Watts v. United States, 394 U.S. 705, 708 (1969)) (emphasis supplied). Thus, the burning of a cross with the intent to intimidate has been deemed to fall outside the scope of free speech protection. Virginia v. Black, 538 U.S. at 360 ("Intimidation in the constitutionally proscribable sense of the word is a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death."); id. at 368 (Stevens, J. concurring) (cross-burning with intent to intimidate qualifies as a true threat unprotected by the First Amendment) (emphasis supplied). See also J.C. v. J.H., 92 Mass. App. Ct. 224 (2017) (discussing "true threats" not protected by First Amendment). For the reasons that follow, ACLUM respectfully submits that any decision upholding a finding of violation on Counts 2 through 4 in this case would be inconsistent with constitutional free speech protections, as well as the plain language of the rules at issue. Each of Counts 2 - 4 Raise Serious Constitutional Issues with II. Regard to Free Speech. A. UpperWest Did Not Violate the Statutory and Fire Code Provisions Cited by the Cambridge License Commission in Count 2 and a Finding that It Did Would Violate Free Speech Protections. Under controlling legal doctrines, the UpperWest management did not fail 5

or refuse to cooperate with or hinder law enforcement and the Cambridge License Commission did not have sufficient proof that they did.'. Moreover, the exercise by the UpperWest owners of the right to disagree with the officials is protected by the First Amendment and Article 16 of the Massachusetts Constitution and cannot form the basis of a finding of failure of cooperation or hindrance. Section 63A of G.L. c. 138, which is the only one of the sections cited in Count 2 that speaks to the duties of a licensee, provides: Any person who hinders or delays any authorized investigator of the commission or any investigator, inspector or any other authorized agent of local licensing authorities in the performance of his duties, or who refuses to admit to or locks out any such investigator, inspector or agent from any place which such investigator, inspector or agent is authorized to inspect, or who refuses to give to such investigator, inspector or agent such information as may be required for the proper enforcement of this chapter, shall be punished by a fine of not less than fitty not more than two hundred dollars or by imprisonment for not more than two months, or both. 1 Although Count 2 of the Cambridge License Commission's notices and decisions cite four different provisions of G.L. c. 138, most of those sections contain requirements that the UpperWest managers cannot be found to have violated. G.L. c. 138, § 23 merely sets forth the Commission's authority to issue, suspend and revoke licenses; it does not set forth a duty to cooperate or not hinder law enforcement and so it is inapplicable to this charge. Similarly, S 63 merely sets forth the right of officials to enter the premises to conduct inspections and § 64 says that the Commission has the right to modify, suspend, revoke, or cancel a license "upon satisfactory proof that he has violated or permitted a violation of any condition thereof, or any law of the commonwealth." 2 The Cambridge Notice and Decision similarly cite to the Cambridge Board of License Commissioner Rules, a copy of which is attached as Exhibit A. Each of the Rules that are cited simply restate the duty of a licensee to comply with otherwise applicable law. Rule 13.5 specifically provides that "Any licensee, its agents ot employees who refuse to cooperate with the License Commission or its agents, hinders an investigation, or fails to respond to a request 6

The testimonial, documentary, audio and video record in this case contains no evidence that the owners of the UpperWest establishment failed or refused to cooperate with agents of the Cambridge Fire Department or hindered their enforcement of the law. Rather, on September 29, 2018, Fire Department officials were allowed into the establishment where they observed small tea candles encased within large glass containers burning on the tables and the main counter. They sought no records that were not provided. Cf. Lion Distributors, Inc. v. ABCC, 15 Mass. App. Ct. 988 (1983). And, when it was demanded by the Fire Department, upon threat of immediate closure of the facility, the owners extinguished the candles, albeit under protest. Before the candles were extinguished, there was a somewhat emotionally charged but respectful conversation outside the establishment about whether the law does or does not prohibit the burning of candles not used for cooking without the permission of the Fire Department. As was her right, Ms. Courtney, one of the owners, tried to convince the Fire Department that the Massachusetts fot documents or information from the License Commission ot its agents, may have its license suspended and/ot revoked." 3 G.L. c. 138, § 63A, G.I.. c. 268, § 13B, and G.L. c. 275, SS 2-4 are all criminal statutes that do not purport to impose civil liability in a proceeding where decisions are made without proof beyond a reasonable doubt. This raises a separate, important question as to whether any such charges can be sustained without proof beyond a reasonable doubt, a question that was apparently not raised in Lion Distributors, supra. But because, under any standard of proof, the charges here cannot be sustained consistent with the state and federal constitutions, the issue may not need to be reached. 7

Comprehensive Fire Safety Code, $ 20.1.5.1.4(2), applies only when candles are used for cooking and not when they are merely used for mood lighting. (As discussed in Part V. below, the law is, at least, unconstitutionally vague on this point). But such discussion cannot as a matter of law constitute failure or refusal to cooperate or hindrance of an investigation. In addition, it was legitimate for UpperWest to question the validity of the Cambridge Fire Department demanding that the candles be put out in the absence of a written order to that effect. Pursuant to the Massachusetts Comprehensive Fire Code, as adopted and amended for Massachusetts pursuant to 527 CMR 1.05, Section 1.7.7.2 (emphasis supplied) provides: 1.7.7.2 The AHJ shall have authority to order, in writing, any person(s) to remove or remedy any dangerous or hazardous condition or material as provided in M.G.L. c. 148 and this Code. On September 29, 2018, the Cambridge Fire Department orally, but without any notice in writing, ordered UpperWest to put out the candles upon threat that otherwise their business would be shut down. Questioning the power of government officials is a fundamental right in our democracy and one that is protected by the First Amendment and Article 16. The exercise of free speech to question government officials interpretation of the law—particularly when those officials are threatening to interfere with one's livelihood—is entitled to the highest constitutional protection. To treat Ms. 8

Courtney's exercise of free speech rights as a failure or refusal to cooperate or a hindrance to the investigation violates the First Amendment and Article 16.4 B. A Finding of a Violation under Count 3 (Threatening/intimidating a witness, to wit, public official(s), in violation of G.L.. c. 268, § 13B5) Would Violate Constitutional Free Speech Requirements. G.L. c. 268, S 13B, provides in pertinent part that a crime is committed when one "directly or indirectly, willfully (a) threatens .... o1 (c) intimidates ... (IV) a person who is furthering a civil or criminal proceeding ...." The only possible "threat" or "intimidating" statement or action here was Ms. Courtney's statement, as fire and police officials were leaving after the candles were extinguished, that "you guys are going to regret behaving this way" of, as was alleged before the Cambridge License Commission, "you will live to regret this." Massachusetts Civil Rights Act, G.L. c. 12, SS 11H and I. Likewise, the implicit threat to have the owners arrested for disorderly conduct presented by having the police there in the first place and referenced explicitly in documents submitted to the Cambridge License Commission, see, e.g., Exhibit A to the appeal, Memo of Officer Szeto, may have constituted "threats, intimidation or coercion" within the meaning of the Act. See, e.g., Glovsky v. Roche Bros. Supermarket, Inc., 469 Mass. 752, 763 (2014) (and cases cited and discussed) (threat of arrest or forcible ejection is implicit in an order from a uniformed police officer and constitutes "threats, intimidation or coercion"); Batchelder v. Allied Stores Corp., 393 Mass. 819, 823 (1985) (order by police to stop activity is sufficient to establish "threats, intimidation or coercion"). 5 The notices of hearing and decision from the Cambridge License Commission also cite G.L. c. 138, SS 23 and 64 in support of Counts 3 and 4. But as noted above in Argument II, neither provision contains any requirement that UpperWest could have violated. 6 The differences between these two statements are immaterial for free speech purposes. 9

This statement did not and was not intended to convey a "true threat," and hence it is protected by the First Amendment and Article 16. It neither threatened "unlawful violence" nor conveyed an intent to put the officers in fear of "bodily harm or death." Virginia v. Black, 538 U.S. at 359, 360. And, indeed, both Fire Department officials who were present on September 29 testified before the Cambridge License Commission that they construed the words only to mean that they were "wrong" about the law and could "get in trouble." As the Supreme Judicial Court repeatedly has recognized, statutes that would criminalize or otherwise impose sanctions for speech must be construed to encompass only speech that is not protected by the First Amendment or Article 16. O Brien v. Borowski, 461 Mass. 415, 425 (2012) (construing civil harassment statute); Commonwealth v. Welch, 444 Mass. 80, 99 (2005) (construing criminal harassment statute); Commonwealth v. A Juvenile, 368 Mass. 580, 597 (1975) (construing disorderly person statute); see also Sholley v. Commonwealth, 432 Mass. 721, 727 (2000) ("The free speech issues concerning the offense of threatening to commit a crime are resolved by defining the elements of a crime in a way that prevents a conviction based on protected speech"). Finally, notwithstanding the apparent objection of Cambridge Police Officer Szeto set forth in a written statement dated October 1, 2018, the UpperWest owners did nothing wrong by "constantly arguing" of "recording the officers] throughout their investigation." As noted, the owners had a 10

constitutional right to argue the legality of the officers actions. And, as the United States District Court for the District of Massachusetts recently ruled, there is a constitutional right to record officers in the performance of their duties, even secretly, under the First Amendment. Martin v. Gross, 340 F. Supp. 3d 87 (D. Mass. 2018). Accordingly, because Ms. Courtney's statements on September 29, 2018, were protected speech, they cannot form the basis of a finding of a violation of S 13B. A Finding of a Violation under Count 4 (Threatening public official(s), in violation of G.L. c. 275, SS 2-4) Would Also Violate Free Speech Principles. Under G.L. c. 275, SS 2-4, it is a crime to "threaten| ] to commit a crime against the person or property of another." (emphasis supplied). The constitutional arguments set forth in the preceding section apply equally to this allegation - there was no threat within the meaning of the First Amendment or Article 16. In addition, this statute only applies when there is a threat to commit a "crime." Ms. Courtney certainly threated no crime; she simply implied that she intended to take legal action in response to the events of September 29 and/or register complaints about the officers' behavior with their superiors, which she has a constitutional right to do. 11

III. The Fire Code Provision Alleged to Be Violated Is So Vague as to Candle Use that Its Application Here Violates Due Process. Count 1 alleges a failure to comply with subsection (2) of the Massachusetts Comprehensive Fire Safety Code, $ 20.1.5.2.4. Section 20.1.5.2.4 reads in full: 20.1.5.2.4 Portable cooking equipment that is not flue-connected shall be permitted only as follows: (1) Equipment fueled by small heat sources that can be readily extinguished by water, such as candles or alcohol-burning equipment, including solid alcohol, shall be permitted to be used, provided that precautions satisfactory to the AHJ are taken to prevent ignition of any combustible materials. (2) Candles shall be permitted to be used on tables used for food service where securely supported on substantial noncombustible bases located to avoid danger of ignition of combustible materials and only where approved by the AHJ. (3) Candle flames shall be protected. (4) "Flaming sword" or other equipment involving open flames and flamed dishes, such as cherries jubilee or crepes suzette, shall be permitted to be used, provide that precautions subject to the approval of the AHJ are taken. As Ms. Courtney rightfully pointed out in talking to the public officials on September 29, 2018, this section by its plain language applies only to "portable cooking equipment" and hence to candles being used as such. Where the language of a law is clear and unambiguous, it must be accorded its plain meaning. See, e.g., J.C. v. J.H., 92 Mass. App. Ct. at 230. Here, the entire section is qualified by its opening phrase, which makes clear it applies only to portable cooking equipment. 12

To the extent that the Cambridge License Commission argues that the section, and specifically subparagraph (2) thereof, was nonetheless intended to govern candles used only for aesthetic appeal or lighting, it cannot escape the fact that the provision is not written in that manner. At best for the Commission, the provision is ambiguous, and where a legal provision that can confer liability on a member of the public is ambiguous, the rule of lenity must apply to one charged with violating it in order to avoid a violation of due process. Commonwealth v. Dayton, 477 Mass. 224, 226 (2017); Commonwealth v. Hamilton, 459 Mass. 422, 436- 437 (2011). But even if, in spite of the plain language clearly making this entire section applicable only to "portable cooking equipment," the provision in subsection (2) could nonetheless be interpreted to apply to candles used solely for aesthetic appeal, that provision itself is written and is being applied by Cambridge in a manner that is inconsistent with fundamental notions of due process and fair warning. Specifically, there are no standards to govern when candles are "securely supported on substantial noncombustible bases located to avoid danger of ignition of combustible materials" or when candles that are so securely supported will or must be "approved by the AHJ." Here, the UpperWest candles were tiny tea candles surrounded on the bottom and on all sides by heavy glass that rises up several inches above the tea candle flame so as to "avoid danger of ignition of 13

combustible materials." Yet, the Cambridge Fire Department required them to be extinguished and refused to approve them. It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application. Third, but related, where a vague statute 'abut(s) upon sensitive areas of basic First Amendment freedoms, it 'operates to inhibit the exercise of (those) freedoms? Uncertain meanings inevitably lead citizens to "steer far wider of the unlawful zone'... than if the boundaries of the forbidden areas were clearly marked.' Grayned v. City of Rockford, 408 U.S. 104, 108-109 (1972) (footnotes omitted). See also Commonwealth v. Twitchell, 416 Mass. 114, 123 (1993) (and cases cited) (discussing the constitutional principle of fair warning to provide sufficient notice and prevent arbitrary enforcement). The problem of lack of standards is particularly acute here because the décor of UpperWest, including the use of the small candles, is a form of expressive conduct protected by the First Amendment and Article 16. Hence, the lack of such standards not only violates due process; it violates constitutional rights of free expression. See, e.g., Minnesota Voters Alliance v. Mansky, 585 U.S. __, 138 S.Ct. 1886 (2018) (invalidating policy of restricting "political" apparel in 14

polling places on grounds it was unreasonable because it invites arbitrary and discriminatory enforcement); Forsyth Cty. v. Nationalist Movement, 505 U.S. 123 (1992) (narrowly drawn and reasonable standards required for setting conditions of permits).? Conclusion For the foregoing reasons, ACLUM respectfully submits that the allegations in this case cannot be upheld without violating the state and federal constitutions. Respectfully submitted on behalf of the American Civil Liberties Union of Massachusetts, Inc., Ruth A. Bourquin, BBO # 552985 American Civil Liberties Union Foundation of Massachusetts, Inc. 211 Congress Street Boston, MA 02110 [phone removed] ext. 348 Dated March 5, 2019 [email removed] 1527 CMR 1.05, Table at 1.12.8.1 entitled "Permits required" refers to "Use of candles, open flames, and portable cooking in assembly area, dining areas of restaurants, and drinking establishments" and cites to section 10.10.1 of the Fire Code. 10.10.1 simply says "Permits, where required, shall comply with Section 1.12." Neither it nor the notices and decisions in this case - or the officers interacting with the UpperWest owners on September 29 - refer oI referred to 10.10.2, which provides: "The AHJ shall have the authority to prohibit any or all open flames, candles, and open, recreational, and cooking fires or other sources of ignition, or establish special regulations on the use of any form or fire or smoking material where circumstances make such conditions hazardous." (emphasis supplied). This provision, not cited by the Cambridge License Commission, does not provide carte blanche authority to prohibit all candles but instead limits enforcement to where individualized circumstances make the situation actually hazardous, which is a standard that could help constrain unbridled discretion. 15

16

EXHIBIT A TO ACLUM MEMO DONATA RULES AND REGULATIONS OF THE CITY OF CAMBRIDGE BOARD OF LICENSE COMMISSIONERS RELATING TO ALL HOLDERS OF COMMON VICTUALLER, INNHOLDERS, ALCOHOLIC BEVERAGES AND/OR ENTERTAINMENT LICENSES lovember 9, Nicole Murati Ferrer, Chair Fire Chief Gerald R. Reardon, Commissioner Acting Police Commissioner Christopher J. Burke, Commissioner

MESSAGE FROM THE BOARD OF LICENSE COMMISSIONERS The following contains the general rules that all establishments which hold a common victualler, innholders, alcoholic beverages or entertainment license are expected to follow. Licensees should ensure that all personnel are aware of such rules. In addition to these rules, licensees, their employees and agents are expected to abide by all applicable rules of other City of Cambridge agencies, the laws of the Commonwealth of Massachusetts, Cambridge Municipal Code, and when applicable, the Rules and Regulations of the Alcoholic Beverages Control Commission. Although we have tried to ensure that all topics are covered herein, these are not all encompassing or exhaustive. We trust that all businesses which are licensed by the Board of License Commissioners will operate safe, rule and law abiding businesses, and will take all reasonable measures to ensure the safety of the public and their employees. We thank you for your service to our community. Board of License Commissioners

TABLE OF CONTENTS TOPIC RULE # PAGE 1 1 Definitions 2 Applicability 1-2 3 2 Availability of Rules 4 3 Postings and Signs 3-4 5 General Provisions as to All Licensees General Provisions as to Innholders and Common Victualler 5A 4 Licensees Only 5B 4-5 General Provisions as to Alcohol Licensees Only 6 5C Special Provisions as to Certain Types of Liquor Licensees 6 6-7 Hours of Operation 6A 7-8 Hours of Operation as to § 12 (On Premise) Liquor Licensees Only 8 Admission to the Premises 8-9 8 Safety 9 Capacity 9-10 Entertainment 10 10-11 11 Noise 11-12 Prohibited Practices as to All Licensees 12 12 Prohibited Practices as to Non-Liquor Licensees 12 12A 12B Prohibited Practices as to Liquor Licensees 13-14 14 13 Inspections and Violations Catch All 14 14

RULE 1 - DEFINITIONS: 1.1 All definitions contained in Chapter 138 and 140 are incorporated herein by reference and made a part hereof. 1.2 "Alcoholic Beverages," "alcoholic drinks," or "liquor," as used herein, shall mean any type of alcoholic beverages, including wines, malt, cordials and liqueurs beverages. 1.3 "Licensee(s)" shall mean any holder of a license issued by this Commission pursuant to General Laws Chapters 138 and/or 140. "Liquor licensee(s)" shall refer to all licensed pursuant to Chapter 138. (a) (b) "§ 12 Licensee(s)" shall specifically refer to those licensed pursuant to Chapter 138, § 12, which include all establishments that sell/serve alcohol to be consumed on the licensed premises. (c) "Package good store licensee(s)" shall specifically refer to those licensed pursuant to Chapter 138, § 15, which include all package stores/establishments that sell beverages not to be consumed on the licensed premises. 1.4 "Liquor license(s)" shall refer to all licenses issued pursuant to Chapter 138. 1.5 "Board of License Commissioners," "Board," or "License Commission" refers to the City of Cambridge's three Commissioner Board established by the Special Acts of 1919, as amended. 1.6 "Official Closing Hour" is the time specified on the common victualler, alcoholic beverage or entertainment license. The Official Closing Hour refers to the time the business must close the particular service allowed by the license. 1.7 "Official Opening Hour" is the time specified on the common victualler, alcoholic beverage or entertainment license. The Official Opening Hour refers to the time the business may open its premises to provide the particular service for which it is licensed. 1.8 "Private Function" is an event held at a licensed premises which has a host, is restricted to invited guests only, invited guests are not charged indirectly or directly, the host is the only individual responsible for payment to the licensee, the event is not publicly advertised or on social media, and written records containing the guest list exist and are available for inspection by the License Commission or its agents upon request. 1.9 "Cover charge" means all admission fees or admission charges. RULE 2 - APPLICABILITY: 2.1 The following rules, except those which specifically state otherwise, shall apply to all licensees who hold a common victualler, innholders/lodging house, liquor, or entertainment license. 1

2.2 All licensees are expected to comply with the Rules and Regulations herein and any rules, guidelines, notices or advisories that the License Commission may publish separately hereto. All licensees are expected to comply with all of the laws of the Commonwealth of Massachusetts, the City of Cambridge Municipal Code, and all rules and regulations of the other City of Cambridge Departments which regulate the licensee. 2.4 All liquor licensees must comply with the Alcoholic Beverages Control Commission Regulations, which are incorporated herein by reference and made a part hereof. Violation(s) of any law, ordinance, policy, or rules and regulations may result in the suspension, cancellation, revocation or modification of a license. Except for when exclusively stated, all licensees must comply with all Rules and Regulations herein. Nothing herein shall expressly or implicitly limit the License Commission's authority under the laws of the Commonwealth of Massachusetts, the Cambridge Code of Ordinances, or Special Acts, to promulgate or implement additional rules, regulations or policies. 2.8 Each Rule and subsection thereof shall be deemed independent of all others herein, and if any Rule or subsection thereof is declared by a Court of Law to be invalid, all other Rules and subsections thereof shall remain valid and enforceable. RULE 3 - AVAILABILITY OF RULES: All licensees shall ensure that a copy of these Rules and Regulations is kept on the premises at all times, and is available to its employees or for inspection upon request by a member of the public or an agent of the License Commission. 3.2 The Rules and Regulations do not need to be posted on the licensed premises. 3.3 The licensee and manager of record must: Have read, be familiar with and comply with these Rules and Regulations; and (a) (b) Ensure all employees have read, are familiar with, and comply with these Rules and Regulations. RULE 4 - POSTINGS AND SIGNS: 4.1 Licenses and one day permits issued by the License Commission must be conspicuously posted on the premises in an area that is easily accessible, viewable and readable to the public without the assistance of employees. 2

4.2 All permits, licenses and certificates issued by other City of Cambridge entities which affect the licensed premises must also be posted conspicuously but not in a manner as to cover any of the licenses/permits issued by the License Commission. 4.3 Any additional certificates, permits, or postings provided to the licensee by the License Commission must also be posted conspicuously on the premises and in the manner specified by the License Commission. 4.4 Signage provided by the License Commission specifying the capacity of each room must be conspicuously posted at the entrance of each room. 4.5 Liquor licensees must post conspicuously informational signs provided by the Alcoholic Beverages Control Commission. RULE 5 - GENERAL PROVISIONS AS TO ALL LICENSEES: 5.1 No licensee shall permit any disorder, disturbance or illegality of any kind to take place in or on the licensed premises. The licensee shall be responsible therefor whether present or not. 5.2 The License Commission expects the Manager of Record to be the person in control of the premises on any given day or time and who is there to ensure compliance with all applicable laws and Rules and Regulations. Approved Managers of Record will be held accountable by the License Commission whether or not present at the premises at the time of a disorder, disturbance or illegality of any kind. 5.3 When any misconduct occurs in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for the use of its patrons, that is not reasonably addressed and ameliorated by the licensee, the licensee may be held in violation of the conditions of its license(s) and may be subject to disciplinary action. 5.4 No food, or alcoholic/non-alcoholic beverages may be served outside the licensed premises (such as a patio, roof garden, or sidewalk) unless such an area is approved as part of the licensed premises. Licensees may not transfer a license, change managers, change corporate officers, transfer stock, pledge the stock, pledge the license, reduce or extend the area of the licensed premises, expand hours or materially change the physical layout of the premises without first obtaining the approval of the License Commission, and in the case of those licensed under Chapter 138, also the approval of the Alcoholic Beverages Control Commission. No person may have a direct or indirect beneficial interest in any type of license without first obtaining the approval of the License Commission, and in the case of those licensed under Chapter 138, also the approval of the Alcoholic Beverages Control Commission. 3

All licensees must maintain an updated employee roster or list that shall be available upon request to the License Commission and its agents, and Cambridge Police, Fire, and Inspectional Service Departments' agents. (a) The roster/list should have all employees, specify which employee is on duty on a particular date and time, and, when applicable, who was the crowd manager on a particular date and time. The roster/list for any given day should be kept a minimum of sixty (60) days. (b) RULE 5A - GENERAL PROVISIONS AS TO INNHOLDERS AND COMMON VICTUALLERS LICENSEES ONLY: 5A.1 Each holder of a common victualler and innholders license shall at all times be provided with suitable food for strangers and travelers. In addition, prior to being granted such types of licenses, the applicant must show that the premises have the necessary implements and facilities for cooking, preparing and serving food for strangers and travelers. 5A.2 Innholders must have upon the premises suitable beds and bedding for the lodging of its guests. 5A.3 Innholders, lodging houses and motels shall keep, or cause to be kept, in permanent form a register of the name and residential address of each guest within its premises, the room assigned to each guest and the time in which the room was assigned. Such registers must be kept at least one (1) year after the last entry made and must be available for inspection by the agents of the License Commission, its agents, or the Cambridge Police. 5A.4 All innholders, lodging houses and motels must post in a conspicuous place the requirements under the law, G. L. c. 140, §§ 27, 29, to keep and maintain guest registers in addition to the penalties for failure to do so. RULE 5B - GENERAL PROVISIONS AS TO ALCOHOL LICENSEES ONLY: SB.1 No application by the same applicant for the same type of license to be exercised on the same premises may be filed within one (1) year of the date of his/hers/its last prior application. The Commission cannot, and will not, receive more than two applications for a license under section twelve or fifteen to be exercised on the same premises during the same license year. SB.2 A licensee's obligation to comply with the Rules and Regulations herein cannot be circumvented by using a third party or promoter. Allowing a third party to sell tickets or use other methods of admission (where the price of admission includes any alcoholic beverages), results in the licensee transferring the privilege of its license, or transferring a direct or indirect beneficial interest in its license to a third party. Transferring the privilege of the license, or any interest in it, prior to obtaining approval is a violation of the law and the License Commission's Rules and Regulations. 4

5B.3 No owner or employee shall consume any alcoholic beverages while on duty. No owner, employee or agent of the licensee may consume alcoholic beverages on the licensed premises during hours outside the Official Opening and Closing Hours on the license. 5B.4 If a premise licensed under Chapter 138 is to be closed for more than seven (7) consecutive days or become inactive, the licensee or its representative must request permission from the Board in advance, and state in said request the reason and length of such closing. A hearing may be held for permission to be closed. At any time, the Board retains the right to call the licensee in for a hearing to discuss the closure or non-use of the license, and in such cases, the licenses may be subject to cancellation for non-use. 5B.5 A Chapter 138 licensee may only close: (a) After a request to the Board for closing in order to do renovations/or other special circumstances. (b) After obtaining approval from the Board to conduct an event that is closed to the public. (c) On holidays in accordance with the calendar issued by the Alcoholic Beverage Control Commission or any holiday observed by the State, Municipal or Federal Government, or any observed religious holiday. Due to an act of nature or declared state of emergency. (d) 5B.6 Licensees are responsible for ensuring that no persons under twenty-one (21) years of age are served, sold, in possession of or drinking alcoholic beverages on the licensed premises, whether served to them by an employee or handed to them by another patron. 5B.7 Employees directly handling, mixing, serving or selling alcoholic beverages, must be a minimum of eighteen (18) years old. 5B.8 Any holder of a liquor license who fails to pay the license fee within fourteen (14) days after written notice that a license has been authorized to be issued to the licensee, shall forfeit any right to that license as determined by the Board at a hearing scheduled for that purpose. 5B.9 Licensees shall immediately notify the License Commission of any legal proceedings brought against them or any proceedings brought by them under the Bankruptcy Laws and/or which may affect the status of the license. 5B.10 All owners, managers of record, and any employee who is in the direct handling, serving or selling of an alcoholic beverage must successfully complete the 21 Proof Training and/or any other training the Commission orders to be completed. 5

RULE 5C - SPECIAL PROVISIONS AS TO CERTAIN TYPES OF LIQUOR LICENSEES: 5C.1 Holders of a Club License and War Veterans Club License must keep a roster of their members and guests of members. This list shall be available for inspection upon request by the License Commission or its agents, and the Cambridge Police. 5C.2 Members of a Club License and War Veterans Club License must show membership cards to enter the premises. (a) Guests of members may only be allowed inside the premises with a member. (b) Guests have rights to be inside the premises and be served only while in the company of the sponsoring member. (c) When the sponsoring member leaves the premises, his/her guests) must leave simultaneously therewith. 5C.3 Each holder of a restaurant type license must prove that it is actually operating food service as a substantial part of its licensed business. (a) Proof that the licensee's revenue is derived at least fifty-one percent (51%) from food sales, shall be presumed to: (i) Be operating a restaurant; and That it has proper equipment for the service of food as required by (i) Chapter 138, § 12A. (b) Documentation shall be available for inspection by the License Commission and its authorized agents upon request. 5C.4 Package goods store licensees shall not extend credit to any customer unless the customer has an established credit account. Use of credit cards, such as Mastercard, VISA, American Express, is permitted. 5C.5 With regard to any package good store licensee, the License Commission may, after due lotice and public hearing, decrease the hours during which sale of alcoholic beverages may b old. However, at no time can sales be prohibited from 10:00 a.m. to 11:00 p.m. In addition, th business may not be prohibited from opening at 8:00 a.m. but may be prohibited from selling alcoholic beverages from 8:00 a.m. to 10:00 a.m. RULES 6 - HOURS OF OPERATION: The Official Opening and Closing Hours are those that are designated on the license issued by the Board. Licenses are granted to serve the public, and therefore, licensees are expected to operate in accordance with the terms and hours of each of the issued license(s). All tables and bars must be cleared of all glasses, alcoholic and non-alcoholic drinks, plates, food, bottles and containers/bottles of alcoholic beverages, within thirty (30) minutes after 6

the Official Closing Hour and all customers and persons who are not employees on duty must be off the premises by that time. 6.3 Licensees are not permitted to allow any patron, guest, or employee to enter the premises after the Official Closing Hour or prior to the Official Opening Hour posted on the license. No employee or owner shall serve any food or alcoholic beverage before the Official Opening Hour or after the Official Closing Hour. 6.4 Owners and employees must be off the premises no later than two (2) hours after the Official Closing Hour, provided however, that such owners and employees may be on the premises at any time for the purpose of cleaning, making emergency repairs, providing securit for such premises, or preparing food for the next day's business or opening or closing the business in an orderly manner. 6.5 Contractors or subcontractors, shall not be prohibited from being on the premises at any time for the purpose of cleaning, making renovations, making emergency repairs to or providing security for, such premises or preparing food for the day's business or opening or closing in an orderly manner. When the licensee previously knows that it will be necessary to have persons on the premises during non-business operating hours and not for the reasons stated in Rules 6.4 or 6.5, the licensee or its representative must first notify the License Commission in writing. The written notice must contain the reason, the number of people, their names and the hours they will be on the premises. 6.7 In the event of any emergency that requires someone other than the owner and employees on the premises after hours, the licensee or its representative must call the Cambridge Police Department's Commanding Officer at [phone removed], and explain the nature of the emergency and supply the names of all persons on the premises. RULE 6A - HOURS OF OPERATION AS TO $ 12 LIQUOR LICENSEES ONLY: 6A.1 Last call for alcoholic beverages, not including pitchers, shall be at least fifteen (15) minutes before the Official Closing Hour. 6A.2 No pitchers of malt or mixed beverages may be served later than sixty (60) minutes before the Official Closing Hour. (a) Pitchers cannot be more than sixty (60) ounces. (b) Pitchers must be served to at least two or more persons. 6A.3 Any alcoholic beverage served prior to the Official Closing Hour must be consumed no later than thirty (30) minutes after the Official Closing Hour. 7

6A.4 The Board, after a public hearing, may decrease the hours of operation based on public need RULE 7 - ADMISSION TO THE PREMISES: 7.1 No licensee may require any person to pay a minimum or cover charge unless a sign is conspicuously posted at every entrance. The sign must be written with letters no less than one inch in height and clearly state: That a minimum or cover charge will be imposed; he amount of charge to be imposed The a mision charge wit of redi bovarizes purchase price of any alcoholic beverage. 7.2 Rule 7.1 does not prohibit advance ticket sales. 7.3 No licensee may impose a cover or minimum charge on any person less than thirteen (13) years old. 7.4 No licensee may have customer dress requirements unless a sign is posted at the entrance stating the specific dress requirements or restrictions (i.e. "no jeans," "no shorts," "ties and jackets required," "no sneakers"). Signs which only state "Proper dress required" are insufficient to comply with the requirements of this Rule. 7.5 No licensee shall make any distinction, discrimination, or restriction on account of race, color, religious creed, national origin, sex, ancestry, sexual orientation, deafness, hearing impairment, blindness, physical disability, mental disability or any other protected category as listed in G. L. c. 272, §§ 92, 92A, 98, and 98A. Licensees must comply with Cambridge Municipal Code Chapter 2.76 and cannot liscriminate on the basis of race, color, sex, age, religious creed, disability, national origin or ancestry, sexual orientation, gender, marital status, family status, military status or source of income. RULE 8 - SAFETY: 8.1 Licensees shall instruct their employees and security personnel that they are not to make bodily contact with any individual unless as to protect patrons, employees or themselves from being subjected to bodily blows or other harm. If the employee determines that he/she must make bodily contact, the employee shall use the least amount of force which would constitute reasonable force under the circumstances. 8

(b) In all possible circumstances, rather than employees/security personnel ejecting disruptive persons themselves, the employees/security personnel should call the Cambridge police to have disruptive persons removed from the premises. 8.2 Licensees and employees shall call 911 and take all other reasonable steps to assist patrons and persons who are injured, become ill, or incapacitated in any way, in or on the licensed premises or whose injuries have occurred outside the licensed premises but have been brought to the attention of the licensee. 8.3 All exit doors shall be clearly marked "Fire Exit- Do Not Block" in red letters, no less than one inch in height, on a white background. At no time may exit doors or any other form of egress be blocked or locked during operating hours. 8.4 Any applicant for a license shall submit, upon request by the Board and always before a license is issued, a valid Certificate of Inspection, signed by the head of the Fire Department, attesting to the safety of the building, and that the building meets or exceeds the state building code. Any holder of a license must annually submit to the License Commission, upon request and always with their renewal application, a valid Certificate of Inspection, signed by the Building Commissioner and Chief of the Fire Department. (a) This provision shall not apply to common victualler licensees with less than twenty seats. (b) For licensees which hold multiple licenses for the same premises, the submission of one certificate shall suffice this requirement. 8.6 Any licensee who desires to maintain any closed-in booth or any other booth with a pull curtain shall first secure the permission of the Fire Department and License Commission. RULE 9 - CAPACITY: 9.1 Licensees shall not permit more persons on the premises than the capacity number approved by the Board. (a) The Board's capacity is the authorized number of patrons permitted to be on premises and should not be confused with the occupancy number issued by the Inspectional Services Department. (b) If the Inspectional Services Department's occupancy number is larger, the licensee may apply to the Board for an increase in the capacity number, subject to zoning and these Rules and Regulations. (c) Operating beyond the capacity established by the Board is a violation of the terms of the license and these Rules and Regulations. Employees who are in the same area as the public/patrons shall count towards the (d) number of persons in the premises at any given time. Employees behind the bar, 9

kitchen or any other area not accessible to the public/patrons, shall not be counted towards the capacity of the premises at any given time. The licensed premises must comply with the floor plan approved by the Board. Any material and substantial changes in the floor plan or any renovations of any kind are not allowed without notification to and prior written approval of the Board. This includes the dance floor area, tables affixed to the floor or to any wall, chairs affixed to the floor or any wall, and barstools affixed to the floor or any wall. 9.3 Licensees who permit persons to wait for a table, a seat, or entrance to the premises must ensure that: (a) Persons who wait inside the premises are in an orderly line and not blocking fire aisles, or any egresses; (b) If persons are permitted to wait inside, the total number of persons inside the premises does not exceed the approved capacity as set by the Board; (c) Persons who are waiting outside are being supervised at all times by an employee who must ensure the persons are not blocking the public way, sidewalks or ramps for accessibility and are not being disorderly; and (d) Persons who are being loud or disorderly and causing noise or other problems for residents of the area are not allowed inside the premises and are asked to leave the area. 9.4 Crowd managers are required in any facility with a legal occupant limit of 100 or more persons as indicated on the license issued by the Board, and designated under the State Building Code by the building official as an Assembly Use, which is principally designed or used as a nightclub, dance hall, discotheque or bar, or features entertainment by a live band or recorded music generating above normal sounds levels and which has a specific area designated for dancing. Those with an occupant load of 100 or more, shall be provided with a minimum of one trained crowd manager, pursuant to 527 CMR 1.00, § 20.1.5.6.1. Where the occupant load exceeds 250, additional trained crowd managers or crowd manager supervisors shall be provided at a ratio of one crowd manager for every 250 occupants. Crowd manager reports must be kept a minimum of sixty (60) days. RULE 10 - ENTERTAINMENT: All types of entertainment, including background music, must be licensed as required by Massachusetts law. (a) Each licensee must obtain the proper entertainment license from the Board prior to allowing or providing entertainment at the licensed premises. 10

(b) Providing entertainment without a license subjects the licensee to disciplinary procedures as to all other licenses held and may also result in the denial of an entertainment license. 10.2 No gambling machines are allowed on the premises and no gambling or games of chance are permitted except those games of chance authorized by the Legislature or License Commission. Any use of coin operated amusement devices for gambling or gambling or games of chance purposes may result in suspension and/or revocation of all licenses issued by the License Commission to be operated at the premises. 10.3 Dancing is permitted at a licensed premise as authorized by Massachusetts law, License Commission procedures, and any required license. 10.4 Licensees may have music machines and amusement machines after receiving approval from the Board 10.5 Video Jukeboxes: (a) No person under eighteen (18) years old may be restricted from viewing the video exhibitions without prior written approval from the License Commission. Each video jukebox must have the inherent ability to have its sound level set so as (b) not to exceed a level determined by the License Commission or its representatives, or the Cambridge Police Commissioner, or his/her representative. 10.6 The Commission may decide to issue one license for one coin-operated trivia quiz game at a licensed premise after a hearing where notice was given forty-eight (48) hours prior to the hearing in accordance with the Open Meeting Law. RULE 11 - NOISE: 11.1 Licensees and its employees must ensure that they are operating the business at all times in compliance with Cambridge Municipal Code Chapter 8.16 (Noise Ordinance). 11.2 Licensees must not willfully, negligently, or through failure, permit the establishment to create a noise disturbance or continue a condition of noise disturbance. 11.3 All entertainment shall be conducted so that no noise shall be plainly audible, under any circumstances, from a distance of fifty (50) feet from the licensed premise. 11.4 All amplifiers shall face the licensed premises and not the street. 11.5 Licensees must ensure their patrons leave the premises in an orderly manner. 11.6 When any noise disturbance occurs in the area in front of or adjacent to the licensed premises, or in any parking lot provided by the licensee for the use of its patrons, that is not 11

reasonably addressed and ameliorated by the licensee, the licensee may be held in violation of the conditions of its license(s) and may be subject to disciplinary action. RULE 12 - PROHIBITED PRACTICES AS TO ALL LICENSEES: 12.1 No licensee, its employees or agents shall sell drugs or narcotics on the licensed premises, unless lawfully authorized, licensed and permitted to do so. 12.2 No employees or agents of the licensee shall use or allow the use of drugs, narcotics, or other controlled substances at the licensed premises, except as may be authorized, licensed and permitted by the laws of the Commonwealth of Massachusetts and the City of Cambridge. Patrons and employees are not permitted to bring alcoholic beverages on the premises for their own consumption. This Rule shall not be construed so as to prohibit a guest/patron of an innholders to bring alcoholic beverages to the room in which they are registered for their own private consumption so long as the innholders does not have an internal policy prohibiting it. 12.4 No licensee may allow any employee, agent or independent contractor to carry a firearm i on the licensed premises while said premises are open to the public. This shall not apply to: A Cambridge Police Officer on privately paid detail; or (a) (b) Any licensee who has received written permission from the License Commission to allow specified employees, agents or contractors to carry firearms while the licensed premises are open to the public. 12.5 Licensees and/or their employees/agents are prohibited from using, storing or carrying any mace, OC spray or pepper spray deployment system which looks like or resembles a firearm, unless written approval is first obtained from the License Commission. RULE 12A - PROHIBITED PRACTICES AS TO NON-LIQUOR LICENSEES: 12A.1 Non-alcoholic common victualler licensees are not permitted to keep alcoholic beverages on the premises except for a reasonably small quantity that is used in the preparation of certain specialty foods. The Board will, in its discretion, determine what is reasonable for this purpose and whether or not it is customary in the preparation of such specialty foods. 12A.2 Nothing in this section shall prohibit a non-alcoholic common victualler licensee to apply for, and obtain if the Board so approves, a one-day liquor license (or approval to hire for one day/event a liquor licensed caterer to serve alcohol) at the licensed premises. 12

RULE 12B - PROHIBITED PRACTICES AS TO LIQUOR LICENSEES: 12B.1 It is prohibited to have a minimum charge for the purchase of alcoholic beverages. A licensee cannot set a minimum amount of alcohol to be purchased or consumed by a patron. 12B.2 All liquor licensees shall maintain a schedule of the prices charged for all drinks to be served and consumed on the premises. 12B.3 Licensee cannot impose a minimum charge for food and/or non-alcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or non-alcoholic beverages. 12B.4 Licensees and their employees or agents, are prohibited from engaging in, permitting. promoting or advertising any of the following: Offering or delivering any free alcoholic drinks to any person or group of persons; (a) (b) Selling or delivering more than two (2) drinks to one person at any one time; (c) Allowing a patron to possess or have in front of him/her more than two (2) drinks at any time; (d) Selling, offering to sell or delivering to any person or group of persons any drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public; (e) Selling, offering to sell, or delivering to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public; Selling, offering to sell or delivering to any person or group of persons on any one (f) day at prices less than those charged the general public on that day, except at private functions not open to the public; (g) Selling, offering to sell, or delivering malt beverages or mixed drinks by the pitcher, except to two (2) or more persons at any one time; Increasing the volume of alcoholic beverages contained in a drink without (h) increasing proportionately the price regularly charged for such drink during the same calendar week; or (i) Encouraging or permitting, on the licensed premises, any game or contest, which involves drinking or the awarding of drinks as prizes. 12B.5 Nothing in Rule 12B.4 shall be construed to prohibit licensees from offering free food or entertainment at any time; or to prohibit licensees from including a drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals to more than one person; or to prohibit those licensed under G. L. c. 138, § 15, from offering free wine tastings; or to prohibit those licensed under G. L. c. 138, § 12, from offering room services to registered guests. 12B.6 Licensees and their employees shall not make a sale or delivery of an alcoholic beverage to someone who appears to be impaired, intoxicated or under the influence of any substance. 13

12B.7 No licensee, or its employees or agents, shall allow any sale or delivery of alcoholic beverages by any patron or other person in the premises to a person who is or appears to be impaired, intoxicated, or under the influence of any substance. 12B.8 Licensees that have a licensed issued under Chapter 138, § 12 shall take such steps as are necessary to ensure that patrons or employees do not leave the premises with alcoholic beverages except as allowed to by G. L. c. 138, § 12 (re-corking of wine). RULE 13 - INSPECTIONS AND VIOLATIONS: Licenses issued by the Commission are subject to suspension, revocation, modification or cancellation, or further conditions for breach of its conditions or regulations or any law of the Commonwealth of which the licensee has or should have notice. 13.2 Licensees may also be subject to civil fines for violations of certain Ordinances of the Cambridge Municipal Code. 13.3 Any licensed premises shall be subject to inspection by members, agents or representatives of the Cambridge Police, Inspectional Services, Fire, and License Commission Departments and their duly authorized agents. Premises licensed under Chapter 138, shall also be subject to inspection by the Alcoholic Beverages Control Commission and its agents. 13.4 At no time may the licensee, its employees or agents use any device to signal other employees or agents that an inspection is ongoing or that agents of the Cambridge Police, Inspectional Services, Fire, and License Commission Departments are present. 13.5 Any licensee, its agents or employees who refuse to cooperate with the License Commission or its agents, hinders an investigation, or fails to respond to a request for documents or information from the License Commission or its agents, may have its license suspended and/or revoked. RULE 14 - CATCH ALL: These Rules and Regulations may be updated from time to time due to changes in procedures, policies or laws. In addition, they may be supplemented by Advisories and Notices issued by the Commission. 14.2 It is the sole responsibility of the licensee and its employees to be aware and up to date with the Rules and Regulations, and policies of the License Commission, the laws of the Commonwealth and the Cambridge Municipal Code. 14.3 Ignorance of a law, Rule and Regulation, Policy, Notice or Advisory is not a defense. 14