The Commonwealth of Massachusetts Alcoholic
Beverages Control Commission Guide to Liquor
Laws is for consumers and anyone already in, or planning
to enter the alcoholic beverages industry.
It is not a comprehensive study of the liquor
law. It is intended to provide the business person and consumer with a
general overview of the laws and regulations governing the retail sale
of alcoholic beverages in Massachusetts. Additional information may be
obtained by reading specific laws or regulations, attending
educational seminars or by speaking with knowledgeable sources, such
as attorneys, server trainers, local boards or the ABCC.
The ABCC encourages licensees to be informed
and responsible. Our goal is to help prevent problems before they
happen. We wish you the best of success.
Table of Contents
SECTION I
Application Process for Retail Licenses
Application Procedure
Time Frame for Acting on Applications
Number of Applications
Who Can Apply for a License
Managers of Licensed Premises
Denial of Applications
Licenses for Premises Near Schools or
Churches
Licenses for Sale of Alcoholic Beverages in
Bowling Alleys
Licensed Premises to be Constructed
Quotas
SECTION II
Pouring Licenses (Section
12 Licenses)
Types of
Licenses
Who Can Apply
Hours of Operation
Cover Charges
Happy Hour Restrictions
Club Restrictions
Service of Draft Beer
Alcoholic Beverages Off the Premises
SECTION III Package Store (Section
15) Licenses has been intentionally omitted from this text.
SECTION IV
Special Licenses (Section 14 Licenses)
SECTION V
Preventing Illegalities
Underage Persons
Acceptable Forms of Identification
Criminal Penalties for
Service to an Underage Person
Penalties for Underage
Persons
Posting Notices of Penalties
Sale or Delivery to Intoxicated
Persons
Illegal Narcotics Use
Gambling
Donations of Alcoholic Beverages
Advertising
Purchase of Alcoholic Beverages by a Retail
Licensee
Posting of Prices
Price Discrimination
Entry of Licensing Authority
upon Licensed Premises
Hindering or Delaying an
Investigator
Illegal Manufacturing or Selling
SECTION VI
LICENSING PROCEDURES AND BUSINESS OPERATIONS
Property Rights in
a License
License Renewals
Transfer of License, Change of Location
Transfer of Corporate Stock
Pledges of Licenses
Lending or Borrowing Money
Delinquent Creditors/Credit List
Suspension or Revocation of License
Appeals
Fine in Lieu of License Suspension
SECTION VII
OTHER ISSUES
Refusal of Entry
Employment
Transportation of Alcoholic Beverages
Wine Tasteing's
MGL CH. 138, SEC. 12, 15, 15A, 23
Applications for retail licenses follow a
three-step process. First, the license is granted by the local
licensing authority. Second, the local licensing authority sends the
application to the ABCC for approval. Third, only after approval from
the ABCC, the license is issued by the local licensing authority upon
payment of the license fee. The license fee is determined by, and paid
to, the local licensing authority.
Applications submitted to the ABCC for a
pouring license under Section 12, or a package store license under
Section 15, must include a sworn statement by the applicant giving the
names and addresses of all persons who have a direct or indirect
beneficial interest in the license.
Any applicant for an original/new license, a
change in the location of a license, or a change in description of a
licensed premises must send notice of his/her intended action to
abutters of the proposed or current licensed premises. Abutters are
defined as persons listed on the assessor's most recent valuation list
who are owners of property directly abutting the premises where the
license would be exercised For these purposes, owners of property
across a street are not considered abutters.
Notice of the action applied for must also be
sent to any school, church or hospital within a 500-foot radius of the
licensed premises. An affidavit of the person mailing the notice, as
well as an attested copy of the notice, must be filed with the local
licensing authority.
An application must be filed to obtain
approval from the local licensing authority and ABCC for an
original/new license; transfer of license; transfer or issuance of
stock; pledge of license or stock; new officers/directors; alteration
of premises; change of stockholders, location, license type, corporate
name, d/b/a, manager, or hours. In addition, an application must be
filed to obtain approval from the local licensing authority and ABCC
to change from a seasonal to an annual license and for a common
victualler licensed to sell wine and malt beverages under a Section 12
license to obtain a cordials and liqueurs permit.
MGL CH 138, SEC. 16B
Applications shall be approved or disapproved
by the local licensing authority no later than 30 days after the
filing of the application and after a public hearing on the matter The
license shall be issued by the local licensing authority no later than
7 days after approval is received from the ABCC.
MGL CH 138, SEC 15A, 16B
No application by the same applicant, for the
same type of license to be exercised on the same premises, may be
filed within one year of the date of the last application, except at
the discretion of the local licensing authority and ABCC. No licensing
authority, either the local board or ABCC, shall receive more than two
applications for the same premises in the same license year.
MGL CH 138, SEC 26
No license for the sale of alcoholic
beverages, nor vehicle transportation permit, will be issued to any
person who is not, at the time of his application, a citizen of the
United States, or to any corporation, a majority of whose directors
are not citizens of the United States. No person shall be appointed as
manager or other principal representative of a licensee who is not a
citizen of the United States.
No person under the age of 21 shall receive a
license or permit under Chapter 138.
MGL CH 138. SEC 26
A corporation which holds a package store or
pouring license must appoint a licensed manager, who is 21 years of
age or older, a citizen of the United States, and who has received
from the licensee full written authority and control over all business
relative to alcoholic beverages which takes place on the premises.
This manager must be satisfactory to both the local and state
licensing authorities with respect to his character. Any application
for a new manager, or change of manager must be approved by the local
licensing authority and ABCC.
MGL CH 138, SEC. 23, 67; CH 30A
The local licensing authority may refuse to
issue or reissue a license if it determines that an applicant for a
retail license fails to comply with the provisions of state law, ABCC
regulations or any other reasonable requirements.
Whenever the local licensing authority denies
an application for a new license, refuses to issue a license,
suspends, revokes, modifies or cancels a license, or denies an
application for transfer, the licensing authority must mail a notice
of such action to the applicant or licensee and ABCC stating the
reason for such action The applicant can appeal the action of the
local licensing authority to the ABCC within five working days of
receipt of the local licensing authority's written decision or if the
local licensing authority does not act within 30 days of receipt of
the application.
If the ABCC denies an application for a new
license, refuses to issue a license, suspends, revokes, modifies or
cancels a license, or denies an application for transfer, the
applicant or licensee may appeal the action to Superior Court.
MGL CH 138.SEC 16C
Before a premises can be licensed, which is
located within five hundred feet of a school or church, except those
located more than 10 floors above street level, the local licensing
authority must determine in writing and after a hearing that the
premises is not detrimental to the educational and spiritual
activities of the school or church.
A church under this section is defined as a
church or synagogue building dedicated to divine worship and in
regular use for that purpose. A school is defined as an elementary or
secondary school, public or private, giving not less than minimum
instruction required by state law to children of compulsory school
age. This provision does not apply to a transfer of a license from a
premises that is within five hundred feet of a school or church to
another premises that is further from the school or church than the
previous establishment, but still within five hundred feet.
Any applicant who has been denied a license
under this section may appeal to the ABCC.
MGL CH 138. SEC. 16D
No license for the sale of alcoholic
beverages shall be granted for that portion of a building to be used
as a bowling alley.
MGL. CH 138, SEC 15, 15A
Every license requires an identified
premises. However, if no premises actually exists at the time the
application is made, the applicant may file with the local licensing
authority a plan showing the actual dimensions of the premises to be
constructed on which the license is to be exercised. The local
licensing authority may approve the license on the condition that the
license will be issued upon completion of the premises according to
the plan submitted.
MGL.CH 138, SEC 17
Each local licensing authority has a specific
number of licenses that it may grant based upon the population of the
city or town according to the most recent federal census. The city of
Boston is an exception to this rule because it has a set quota of 650
Section 12 all-alcohol pouring licenses, 250 Section 15 all alcoholic
package store licenses, and 320 wine and malt only, or both, licenses.
If a city or town decreases in population,
the quota will be decreased as licenses are cancelled, revoked or not
renewed. No new license may be issued until the total number of
licenses is lower than the quota for the decreased population.
SECTION II
Pouring Licenses (Section 12 Licenses)
Retail licenses for the sale of alcoholic
beverages to be drunk on the premises, called "pouring
licenses", fall into five types: hotel, restaurant, tavern, club
and general-on-premise. 'These are further divided into four
categories based on the category of alcoholic beverages permitted to
be served; all-alcoholic, wine only, malt only, or wine and malt.
MGL CH 138, SEC 12
Any individual applying for a "pouring
license" under Section 12 must be a citizen of the United States,
21 years of age or older, and a person of good character in the city
or town in which he seeks a license. No license will be issued to any
applicant who has been convicted of a violation of a federal or state
narcotic drugs law.
No person, firm, corporation, association or
other combination of persons, directly or indirectly, or through any
agent, employee, stockholder, officer or other person, or any
subsidiary whatsoever, licensed under the provisions of Sections
eighteen (wholesaler/importer) or nineteen (manufacturer) of Chapter
138 shall be granted a pouring license.
MGL CH. 138, SEC 12, 33, 33A 33B
A pouring licensee can not be barred from
serving alcohol between 11:00 a.m. and 11:00 p.m. on any secular day.
Local authorities may grant extended opening hours between 8:00 a.m.
and 11:00 a.m. and extended closing hours between 11:00 p.m. and 2:00
a.m. In no event may sales be made between 2:00 a.m. and 8:00 a.m.
No tavern licensee may sell alcoholic
beverages on Sundays. No Section 12 pouring licensee may sell
alcoholic beverages on Sunday between 1:00 a.m. and 12:00 noon with
two exceptions. First, if the local licensing authority accepts the
provisions of Section 33A, they may authorize a restaurant, hotel,
club or general on premises licensee to sell alcoholic beverages
between 1:00 a.m. and 2:00 a.m. on Sunday. Secondly, if the local
licensing authority accepts the provisions of Section 33B, they may
authorize the establishments to sell alcoholic beverages between 11:00
a.m. and 12:00 noon on Sunday.
On Memorial Day and Christmas Day, hotels,
restaurants,taverns and clubs may open after 12:00 noon.
Establishments in those cities and towns which have adopted the
provisions of Chapter 138, Section 33B may open at 11:00 a.m.
Many local licensing authorities have
regulations or conditions relative to closing hours that address many
activities, including issues such as when patrons must leave the
premises. Check with your local licensing authority for any such
regulations in your community.
204 CMR 2.16
A cover charge shall not be collected in
advance of gaining entrance to a licensed premises and a written or
printed receipt, permanently recorded and numbered must be presented
to each individual customer or group of customers. A sign stating the
cover charge must be posted outside the premises.
Licensees cannot charge a minimum charge for the purchase of alcoholic
beverages or place a minimum drinking requirement upon any customer.
204 CMR 4.00
No licensee or employee shall:
- offer or deliver any free drinks to any
person or group.
- deliver more than two drinks to any one person at a time.
- sell to any person or group any drinks at a price less than the
price regularly charged for such drinks during a calendar week, Sunday
- Saturday, except at private functions.
- sell to any person or group an unlimited number of drinks during a
set period of time for a fixed price, except at private functions.
- sell drinks to a person or group on any one day at prices less than
those charged to the general public.
- sell beer or mixed drinks in a pitcher except to at least two or
more persons at any one time.
- increase the amount of alcohol in a drink without proportionately
increasing the price.
- encourage or permit any game or contest which involves drinking or
the awarding of drinks as prizes.
Note: Licensees may offer
free food or entertainment at any time.
MGL CH 138, SEC 12; 204 CMR 10.00
Section 12 clubs may serve alcoholic
beverages only to members. However, subject to regulations of the
local licensing authority, clubs may serve alcoholic beverages to a
guest of a member.
No club, unless distinctly private, may
discriminate or restrict admission for membership or admission to the
premises on account of race, color, religious creed, national origin,
ancestry, gender, sexual orientation, physical or mental disability.
MGL CH. 138, SEC. 12
No malt beverages may be sold on draught from
a tap faucet or other draughting device unless the brand or trade name
of the beverage is clearly displayed on or attached to the tap or the
device.
MGL CH 138, SEC 12
No patrons or employees of a Section 12
pouring license may leave the premises with alcoholic beverages.
Section 12 licenses permit the consumption of alcoholic beverages only
on the premises.
Special Licenses (Section 14 Licenses)
MGL CH 138, SEC 14, 23;204 CMR 7.04
Local licensing authorities may issue special licenses for the sale of
wines and/or malt beverages to a responsible manager of any indoor or
outdoor activity or enterprise (for profit or non-profit). Special
licenses for the sale of all alcoholic beverages may be issued to
non-profit organizations only. No person may be granted special
licenses for more than a total of 30 days per calendar year and no
special license will be granted to any person while his application
for an annual license under Section 12 is pending before the licensing
authorities.
No more than one license can be issued for a
premises at one time. Therefore, a Section 14 special license cannot
be issued for use in a licensed premises.
Persons holding a special license must
purchase alcoholic beverages from a licensed wholesaler/importer,
manufacturer, farmer-winery, farmer-brewery or special permit holder.
A person holding a Section 14 license cannot purchase alcoholic
beverages from a package store.
204 CMR 2.05(2)
ABCC regulation 204 CMR 2 05 (2) states that
no licensee shall permit any illegality to occur on the licensed
premises. The licensee is responsible, whether present or not, for
ensuring that no disorder, disturbance, or illegality takes place in
or on a licensed premises.
MGL CH 138, SEC 34, 34C
It is illegal for anyone under the age of
twenty-one to purchase or be in possession of an alcoholic beverage.
MGL CH 138, SEC 34B; Howard Johnson Co.
v ABCC, 224 Mass.
App.Ct. 287, 510 N.E.2d 293, Review den'd 400 Mass. 1106, 513
N.E.2d 1289 (1987)
To have a defense to the charge of delivering
or selling alcoholic beverages to an underage person, a licensee must
reasonably rely on one of four types of identification:
(1) Massachusetts driver's license.
(2) Massachusetts Registry of Motor Vehicles liquor identification
card.
(3) Passport issued by the United States or a country recognized by
the United States.
(4) Valid military identification card (interpreted by the ABCC to be
the green, active service card).
Identification must be checked on the day of
service, even if the licensee has checked an individual's
identification on previous occasions.
MGL. CH 138,SEC 34
Massachusetts law states that whoever makes a
sale or delivery of any alcoholic beverage to any person under 21
years of age shall be punished by a fine of not more than $2000 or by
imprisonment for not more than 6 months, or both.
MGL CH. 138, SEC 34A 34B, 34C, 64; CH
90, SEC 22(e)
Any person under the age of 21 who purchases,
or attempts to purchase alcoholic beverages, who makes arrangements
with any person to purchase or procure alcoholic beverages, or who
willfully misrepresents his age, or in anyway alters, defaces, or
otherwise falsifies his identification offered as proof of age with
the intent of purchasing alcoholic beverages shall be punished by a
fine of $300. The ABCC distributes signs containing a summary of this
section to all licensees. The signs must be displayed in a conspicuous
place in each licensed establishment.
Anyone under 21 years of age and
unaccompanied by his or her parent or legal guardian who knowingly
possesses, transports or carries on his person any alcoholic beverage
shall be punished by a fine of not more than $50 for the first offense
and not more than $150 for the second or subsequent offense. A police
officer may arrest without a warrant any person who violates this
section. This does not apply to persons between 18-21 years of age who
transport, possess or carry alcoholic beverages in the course of their
employment. If the underage person is operating a motor vehicle while
illegally in possession of an alcoholic beverage s/he is subject to up
to a 3 month suspension of his or her driver's license.
Any person who transfers, alters or defaces a
Massachusetts driver's license or liquor identification card or uses a
false identification card shall be guilty of a misdemeanor and
punished by a fine of not more than $200 or by imprisonment for not
more than 3 months. Upon conviction, the under-21 person's driver's
license will be suspended for one year.
Separate from the criminal procedures, the
Registry of Motor Vehicles, after a hearing, may suspend for up to 6
months the driver's license of a person who transfers, alters or
defaces a Massachusetts driver's license or liquor identification card
or uses a false identification card.
If a licensee is charged with serving a
person under the age of 21, written notice of the allegation shall be
sent to the parent or guardian of the underage patron.
MGL CH. 138, SEC. 34D
Any establishment which sells alcoholic
beverages to be drunk on the premises (Section 12 pouring licenses)
must post a copy of the penalties for driving under the influence. Any
establishment which sells alcoholic beverages not to be drunk on the
premises (Section 15 package stores) must post a copy of the penalties
for driving with an open container of alcohol. Copies of these
penalties are distributed by the ABCC. The fine for failure to post
these penalty signs is not more than $50. The fine for unlawfully
removing such signs is $50.
MGL CH. 138, SEC 69
No alcoholic beverage shall be sold or
delivered to an intoxicated person on any licensed premises.
It does not matter whether or not
that person is driving.
In fact, approximately 20% of
alcohol-related accidents involve pedestrians. Every licensee should
have clear policies known to all staff on offering assistance to an
intoxicated person, including under what circumstances to notify the
police.
As stated before, it is a violation to permit
any illegality on the premises. This includes the use or sale of
illegal narcotics. If you suspect illegal narcotics use or sale on
your premises, contact your local police immediately. Indications of
illegal narcotics use include persons making frequent trips in and out
of the premises or in and out of the restrooms, persons who receive a
large number of phone calls or who are visited at the premises by an
unusually large number of people at frequent intervals, or persons who
appear to be making exchanges of small packages or payments of money.
204 CMR 2.05 (1)
Slot machines and gambling of any type not
authorized by the Legislature are prohibited in a licensed premises.
204 CMR 2.04(2)
Donations of alcoholic beverages to be used
as prizes in any game of chance are prohibited.
204 CMR 2.03; 204 CMR 2.03 (3); 204 CMR
2.05 (7)
A licensee can only post signs advertising
brands of alcoholic beverages currently being served on the premises.
Use of any matter which is of an improper or objectionable nature in
advertisements is prohibited.
Clubs cannot use any signs to publicly
advertise alcoholic beverages. This is a prohibition against any kind
of alcoholic beverages sign or advertisement that can be seen from
outside the premises.
MGL CH. 138, SEC. 2, 23, 30H
No person can manufacture with intent to
sell, keep for sale, expose, store, transport, import or export
alcoholic beverages unless authorized by Chapter 138.
Any retail licensee (Section 12 pouring
licensee, Section 14 special events licensee, and Section 15 package
store licensee) may only purchase alcoholic beverages from licensed
wholesalers/importers, in-state manufacturers, farmer-wineries,
farmer-breweries or holders of a special permit. For example, a
Section 12 pouring licensee may not purchase alcohol from a package
store.
Possession on a licensed premises by any
licensee of alcoholic beverages which the licensee is not authorized
to sell or use under the terms of his license is prima facie evidence
that the beverage is kept for sale, in violation of this chapter.
MGL CH 138, SEC 15
A package store licensee must conspicuously
post in each room where alcoholic beverages are sold a list of prices
for all such alcoholic beverages being sold on the premises. Sales
must be made only at the prices stated on the current posted price
list and only in the original manufacturer's, wholesaler's/importer's
package. Therefore, for example, a package store cannot offer
discounts through advertisements, coupons, etc. However, mail-in
supplier rebates are acceptable.
MGL CH 138,SEC 25A
No wholesaler may discriminate in price,
discounts for time of payment or discounts on quantity of merchandise
sold, between one retailer and another retailer purchasing the same
brand of alcoholic beverages of like age and quality. All price lists
or price quotations made to a licensee by a wholesaler shall remain in
effect for at least 30 days after the establishment of such price list
or quotation. Any sale by a wholesaler below the price listed within
such 30-day period is considered price discrimination
Most wholesaler price lists are printed
monthly in the Massachusetts Beverages Price Journal. The Price
Journal also contains industry articles and copies of ABCC decisions.
You can order the Price Journal by calling 617-423-7200.
MGL CH.138, SEC 63
Agents of the local licensing authority and
ABCC investigators may enter a licensed premises at any time to
ascertain the manner in which the business is being conducted. The
investigators may also at any time take samples for analysis from any
alcoholic beverages kept on such premises.
MGL CH. 138, SEC 63A
Any person who hinders, delays, refuses to
provide information to or refuses to admit entrance to any ABCC
investigator or authorized agent of the local licensing authority in
the performance of his or her duty may be punished by a fine of
$50-$200 or by imprisonment for not more than 2 months, or both.
MGL CH 138, SEC 56
Certain law enforcement officers, including
ABCC investigators, may without a warrant, arrest any person who is
found in the act of illegally manufacturing, selling, exposing,
keeping for sale, storing, transporting, importing or exporting
alcoholic beverages and may seize the alcoholic beverages and any
vessels and items being used to manufacture or sell such beverages
that are in the possession of the person. The officers may detain
these persons, alcoholic beverages and items until a warrant can be
obtained.
Licensing Procedures and Business Operation
MGL.CH 138.SEC 21
A licensee has no property interest in any
document or paper evidencing the granting of a license. Upon
expiration, suspension, revocation, cancellation or forfeiture of the
license or permit, the licensing authorities shall be entitled on
demand to the immediate possession of the license.
MGL CH 138. SEC. 16A, 23, 67
Every license and permit granted under this
chapter shall expire on December 31 of the year of issue provided it
has not been cancelled or revoked within its term. Pouring and package
store licenses shall be automatically renewed for the next annual
license period provided the licensee submits its renewal application
by November 30 and pays any license fee.
A seasonal license will automatically be
renewed upon application and payment of fee by the holder during the
month prior to the commencement of the seasonal period. For example,
if the seasonal period begins April 1, the license would be renewed in
March.
If the application is not for the same type
of license or for the same premises, it shall be treated as an
application for a new license. Any application may be rejected for
cause by the local licensing authority. Any license that is rejected
may be appealed to the ABCC.
MGL CH. 138, SEC. 23
Any license may, upon application, be
transferred from one location to another, or the description of the
licensed premises may be changed, with the approval of the local
licensing authority and ABCC. No new license fee shall be required for
such transfer, but the local licensing authority may increase the
annual fee already paid by the license holder. If the local licensing
authority refuses to grant or fails to act upon an application for a
transfer of location, the applicant may appeal to the ABCC within 30
days of filing the application.
Any license may be transferred to any other
individual,partnership or corporation qualified to receive such
license if approved by the local licensing board and ABCC. If the
local licensing authority disapproves the transfer, the applicant may
appeal that decision to the ABCC, whose decision is final.
MGL CH 138. SEC 15A
No stock in a corporation holding a license
to sell alcoholic beverages shall be transferred, pledged, or issued
without first obtaining the permission of the local licensing
authority and the ABCC. This does not apply to stockholders of
corporations whose stock is publicly traded and who hold less than ten
per cent of the outstanding stock of the corporation entitled to vote
at the annual meeting of the corporation.
MGL CH 138, SEC. 2, 15A, 23
Any holder of a license may pledge:
(a) the license, (b) corporate stock or (c)
alcoholic beverages which he is authorized to sell, in order to secure
a loan or debt. Any pledge of license and/or corporate stock must be
approved by the local licensing authority and ABCC. A pledge does not
affect the licensing authority's right to suspend, revoke, or
otherwise regulate such license.
MGL CH 138, SEC 25
Lending or Borrowing Money: No licensee shall
lend or borrow money, directly or indirectly, to or from any other
licensee. No licensee shall receive or extend credit, directly or
indirectly, for alcoholic beverages sold or delivered except in the
usual course of business and for a period of not more than 60 days. A
manufacturer, farmer-winery, farmer-brewery or wholesaler is not
required to extend credit to any licensee. For these purposes, a
certificate of compliance holder is not considered a licensee.
Any debt for alcoholic beverages which is not
fully discharged within 60 days of the extension of credit shall be
considered delinquent. Within 3 days after a licensee becomes
delinquent, the licensee who extended the credit shall mail a letter
of notice by certified mail to the ABCC, through the M & S Service
Bureau, and a copy to the delinquent licensee. Within 5 days of the
receipt of such letter the ABCC, through the M & S Service Bureau,
shall post the name and address of the delinquent licensee on a
delinquent list. Such posting constitutes notice to all other
licensees.
No licensee shall sell or deliver alcoholic
beverages to a licensee whose name is posted on the delinquent list,
except for payment in cash on or before delivery. No licensee who is
posted on the delinquent list shall purchase or accept delivery of any
alcoholic beverages except for payment in cash on or before delivery.
If a licensee on the delinquent list
transfers its license, the name of the new licensee will appear on the
delinquent list in its place. Upon full payment of the debt for which
the licensee's name was posted, the licensee who filed the notice of
delinquency shall within 24 hours of discharge notify the ABCC,
through the M & S Service Bureau, by certified mail, of the
payment of the debt. The ABCC, through the M & S Service Bureau
shall immediately strike the name from the delinquent list. Any person
who violates this section may be punished by a fine of not more than
$5000.
MGL CH 138, SEC. 64, 65
If, after a hearing, the local licensing
authority or ABCC finds that a licensee violated the conditions of the
license or any law of the Commonwealth, the local licensing authority
or the ABCC may modify, suspend, revoke or cancel a liquor license. If
the license is revoked, the licensee shall be disqualified to receive
a license for one year after the expiration of the term of the revoked
license. If the licensee is the owner of the premises described in the
revoked license, no license shall be issued for that premises for the
remainder of the calendar year.
Upon suspension, revocation, cancellation or
forfeiture of a license, the holder of the license must turn in its
license to the issuing authority. Refusal to return the license or
failure to do so within 7 days following a request for return of the
license shall be punished by a fine of not more than $100 or by
imprisonment for not more than 3 months, or both.
Appeals to the ABCC or Superior Court do not
automatically stay a suspension or revocation. The ABCC does not grant
stays of local licensing authorities decisions pending administrative
appeal to the ABCC, but local licensing authorities may, in their
discretion, grant a stay.
MGL CH 138. SEC 67
Any applicant or licensee may appeal a
decision of the local licensing authority to the ABCC. The appeal must
be made in writing within 5 days following written notice of the
action of the local authority. An applicant may also appeal to the
ABCC if the local licensing authority has failed to act upon its
application within 30 days.
The ABCC shall hold a hearing upon each
appeal after notice has been given to all interested parties. The ABCC
shall issue a written decision approving or disapproving the action of
the local licensing authority. If the ABCC approves the action of the
local licensing authority, the licensee may appeal the ABCC decision
to Superior Court. If the ABCC disapproves the action, the matter will
be remanded to the local licensing authority for further action. The
local licensing authority may also appeal to Superior Court. If the
local licensing authority fails to take the action ordered by the ABCC,
the Commission may in specific circumstances, take further action on
the license by way of re-appeal. However, no license may be issued
without prior approval by the local authority
MGL CH. 138, SEC. 23
The ABCC may accept from any licensee an
offer of compromise in lieu of suspension of any license or
certificate. The licensee or certificate holder may petition the ABCC
to accept such an offer of compromise within 20 days of receiving the
notice of suspension. The fine in lieu of suspension shall be
calculated as 50% of per diem gross profit multiplied by the number of
license suspension days. Gross profit is determined as gross receipts
on alcoholic beverage sales less the invoiced cost of goods sold per
diem. No such fine, in any event, shall be less than $40 a day.
Local licensing authorities are not
authorized to offer or accept a fine in lieu of suspension.
A licensee may refuse entrance or service to any
individual, as long as the licensee does not discriminate on the basis
of race, color, religious creed, national origin, ancestry, gender,
sexual orientation, physical or mental disability.
MGL CH.138. SEC 34
Licensees may employ any person 18 years of
age or older for the direct handling and selling of alcoholic
beverages. A licensee may hire a person under the age of 18 provided
he does not directly handle, sell, mix or serve alcoholic beverages
and is subject to all other provisions of law.
MGL CH 138, SEC 22
The maximum amount of alcoholic beverages a
person can transport without a license is 20 gallons of malt
beverages, 3 gallons of any other alcoholic beverages or one gallon of
alcohol. Any person carrying over this amount must be a licensee and
hold a transportation permit. Salesmen licensed under Section 19A may
transport samples of up to 24 gallons of alcoholic beverages or
alcohol.
Any licensee or employee may transport and
deliver anywhere in the Commonwealth alcoholic beverages bought or
sold by the licensee in vehicles owned or leased by the licensee or
employee provided that each vehicle is covered by a permit issued by
the ABCC. Every person operating a vehicle while transporting alcohol
must carry the vehicle permit or a certified copy and must produce
such documentation upon request from any police officer or ABCC
investigator.
MGL CH. 138, Sec 12, 15
A common victualler who holds a Section 12
pouring license may provide an on-premises sample wine tasting,
provided that the licensee does not solicit orders for wine for off
premises consumption, that the wine tasting be limited to one ounce
per serving and that food be served in conjunction with the wine
tasting.
A package store licensee may provide
customers, free of charge, sample tastings of wines available for sale
on the premises. No single serving of wine at such tasting may exceed
one ounce. A package store licensee may also hold a wine tasting at a
Section 12 pouring premises, provided that food is served in
conjunction with the wine and that the package store may not solicit
orders for the wine not to be drunk on that premises.
Leverett Saltonstall Building, Government
Center
100 Cambridge Street, Boston, Mass. 02202-0002
617-727-3030
Copyright© 2008
GSD Refrigerated Leasing Inc. - All Rights Reserved.
P.O. Box 271, North Reading, MA 01864
(781) 245-4005
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