Mass. Gen. Laws ch. 138, sec. 18 — MA Code / Part I / Title XX / Chapter 138 / Section 18
Wholesalers' and importers' licenses; compounding, blending, warehousing, and shipping of alcoholic beverages; fees; records
Status: in_force

Section 18. The commission may issue to any individual who is both a citizen and resident of the commonwealth, and to any ship chandler licensed under the provisions of section thirteen and to partnerships composed solely of such individuals, and to corporations organized under the laws of the commonwealth whereof all the directors are citizens of the United States and a majority thereof residents of the commonwealth and to limited liability companies and limited liability partnerships organized under the laws of the commonwealth, subject to such conditions as the commission may prescribe by regulation to address issues of citizenship and residency and the requirements for a citizen manager or citizen principal representative of an alien licensee under section 26 as qualifications for a limited liability company or limited liability partnership to hold a license pursuant to this section and sections 15, 18A, 19, 19B and 19C, licenses as wholesalers and importers (1) to sell for resale to other licensees under this chapter alcoholic beverages manufactured by any manufacturer licensed under the provisions of section nineteen and to import alcoholic beverages into the commonwealth from holders of certificates issued under section eighteen B whose licensed premises are located in other states and foreign countries for sale to such licensees, or (2) to sell for resale wines and malt beverages so manufactured to such licensees and to import as aforesaid wines and malt beverages for sale to such licensees. Licenses may be granted under this section authorizing the holders (a) to sell wines to be used for sacramental purposes only, to any registered, regularly ordained priest, minister or rabbi, or to any church or religious society, (b) to sell alcoholic beverages to registered pharmacists holding certificates of fitness under section thirty, (c) to sell alcoholic beverages as authorized by section twenty-eight, or (d) to sell alcohol for use in the manufacture or preparation of articles mentioned in section thirty-five of chapter one hundred and twelve, or to sell alcoholic beverages for any or all the purposes specified in this section. Importations of beverages by any licensee under this section may be in casks, barrels, kegs or other containers, as well as in bottles, in either case bearing such seals, or other evidences of the identity and origin of the contents, as the commission may prescribe. Subject to such regulations as may be prescribed by the commission, licensees under this section may bottle, and may compound, rectify or blend, any alcoholic beverages purchased by them in bulk, but such bottling, including the sealing and labeling of the bottles, and such compounding, rectifying and blending, shall be done only upon such premises and under such conditions as the commission shall approve. The license fee for a license issued under this section to sell and import all alcoholic beverages shall be $10,000. The annual license fee for a license to sell and import wines and malt beverages only issued under this section shall be computed based on the gallonage sold as follows: 7,500 gallons or less per annum-thirty five hundred dollars; more than 7,500 and less than 10,000 gallons per annum-four thousand dollars; and more than 10,000 gallons per annum-five thousand dollars. Every applicant for such a license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine and malt beverages to be sold or imported during the year covered by the license. Persons holding such licenses shall report annually at the end of the year covered by the license the amount of wine and malt beverages sold or imported during such year. If the total amount of such wine and malt beverages exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing under this section. Sales of wines and malt beverages may be made in kegs, casks or barrels by any licensee under this section to licensees authorized to sell such beverages under section twelve, thirteen or fourteen and for the sole purpose of resale in the containers in which the same were delivered, to licensees under section fifteen. No licensee under section fifteen shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such containers. Every licensed wholesaler and importer of alcoholic beverages shall keep such records in such detail and affording such information as the commission may from time to time prescribe, and shall file with the commission, whenever and as often as it may require, duplicates of copies of such records; and the commission shall at all times, through its designated officers or agents, have access to all books, records and other documents of every licensed wholesaler and importer relating to the business which he is licensed hereunder to conduct. Nothing contained in this section shall prevent the holder of a wholesaler's and importer's license from selling such alcoholic beverages as he is licensed to sell hereunder, for export from this commonwealth into any state where the sale of the same is not by law prohibited and into any foreign country. No person, firm, corporation, association or other combination of persons, directly or indirectly, or through an agent, employee, stockholder, officer or other person or a subsidiary licensed under section 15 shall be granted a license under this section after January 1, 2011. In order to ensure the necessary control of traffic in alcoholic beverages for the preservation of the public peace and order, the shipment of such beverages into the commonwealth, except as provided in this section and sections 19F and 19G, is hereby prohibited. In order to ensure the necessary control of traffic in alcoholic beverages for the preservation of the public peace and order, the shipment of such beverages into the commonwealth, except as provided in this section and section 19F, is hereby prohibited. No vote in any city or town under section eleven shall prevent the granting or renewal of a license under this section. All alcoholic beverages, wines and malt beverages purchased by any licensee under this section, and all alcoholic beverages, wines and malt beverages shipped into the commonwealth pursuant to any such purchase, shall be warehoused at the warehouse facilities of such licensee and held in his physical possession at such warehouse prior to reshipment to persons holding licenses under section twelve or section fifteen. Notwithstanding any other provisions of this chapter, a licensee may deliver alcoholic beverages on a Sunday or a legal holiday to the holder of a special license under the provisions of section fourteen for use in accordance with the terms of said special license. It shall be unlawful for any licensee under this section to purchase alcoholic beverages from any source other than the primary American source of supply unless authorized by the primary American source of supply. ''Primary American source of supply'' shall mean the distiller, bottler, brewer, vintner, brand owner, or designated agent of the distiller, bottler, brewer, vintner, or brand owner.

Section 18. The commission may issue to any individual who is both a citizen and resident of the commonwealth, and to any ship chandler licensed under the provisions of section thirteen and to partnerships composed solely of such individuals, and to corporations organized under the laws of the commonwealth whereof all the directors are citizens of the United States and a majority thereof residents of the commonwealth and to limited liability companies and limited liability partnerships organized under the laws of the commonwealth, subject to such conditions as the commission may prescribe by regulation to address issues of citizenship and residency and the requirements for a citizen manager or citizen principal representative of an alien licensee under section 26 as qualifications for a limited liability company or limited liability partnership to hold a license pursuant to this section and sections 15, 18A, 19, 19B and 19C, licenses as wholesalers and importers (1) to sell for resale to other licensees under this chapter alcoholic beverages manufactured by any manufacturer licensed under the provisions of section nineteen and to import alcoholic beverages into the commonwealth from holders of certificates issued under section eighteen B whose licensed premises are located in other states and foreign countries for sale to such licensees, or (2) to sell for resale wines and malt beverages so manufactured to such licensees and to import as aforesaid wines and malt beverages for sale to such licensees. Licenses may be granted under this section authorizing the holders (a) to sell wines to be used for sacramental purposes only, to any registered, regularly ordained priest, minister or rabbi, or to any church or religious society, (b) to sell alcoholic beverages to registered pharmacists holding certificates of fitness under section thirty, (c) to sell alcoholic beverages as authorized by section twenty-eight, or (d) to sell alcohol for use in the manufacture or preparation of articles mentioned in section thirty-five of chapter one hundred and twelve, or to sell alcoholic beverages for any or all the purposes specified in this section. Importations of beverages by any licensee under this section may be in casks, barrels, kegs or other containers, as well as in bottles, in either case bearing such seals, or other evidences of the identity and origin of the contents, as the commission may prescribe. Subject to such regulations as may be prescribed by the commission, licensees under this section may bottle, and may compound, rectify or blend, any alcoholic beverages purchased by them in bulk, but such bottling, including the sealing and labeling of the bottles, and such compounding, rectifying and blending, shall be done only upon such premises and under such conditions as the commission shall approve. The license fee for a license issued under this section to sell and import all alcoholic beverages shall be $10,000. The annual license fee for a license to sell and import wines and malt beverages only issued under this section shall be computed based on the gallonage sold as follows: 7,500 gallons or less per annum-thirty five hundred dollars; more than 7,500 and less than 10,000 gallons per annum-four thousand dollars; and more than 10,000 gallons per annum-five thousand dollars.

Every applicant for such a license shall, at the time of filing an application, pay a license fee based on a reasonable estimate of the amount of wine and malt beverages to be sold or imported during the year covered by the license. Persons holding such licenses shall report annually at the end of the year covered by the license the amount of wine and malt beverages sold or imported during such year. If the total amount of such wine and malt beverages exceeds the amount permitted by the fee already paid, the licensee shall pay whatever additional fee is owing under this section.

Sales of wines and malt beverages may be made in kegs, casks or barrels by any licensee under this section to licensees authorized to sell such beverages under section twelve, thirteen or fourteen and for the sole purpose of resale in the containers in which the same were delivered, to licensees under section fifteen. No licensee under section fifteen shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such containers.

Every licensed wholesaler and importer of alcoholic beverages shall keep such records in such detail and affording such information as the commission may from time to time prescribe, and shall file with the commission, whenever and as often as it may require, duplicates of copies of such records; and the commission shall at all times, through its designated officers or agents, have access to all books, records and other documents of every licensed wholesaler and importer relating to the business which he is licensed hereunder to conduct.

Nothing contained in this section shall prevent the holder of a wholesaler's and importer's license from selling such alcoholic beverages as he is licensed to sell hereunder, for export from this commonwealth into any state where the sale of the same is not by law prohibited and into any foreign country. No person, firm, corporation, association or other combination of persons, directly or indirectly, or through an agent, employee, stockholder, officer or other person or a subsidiary licensed under section 15 shall be granted a license under this section after January 1, 2011.

In order to ensure the necessary control of traffic in alcoholic beverages for the preservation of the public peace and order, the shipment of such beverages into the commonwealth, except as provided in this section and sections 19F and 19G, is hereby prohibited.

In order to ensure the necessary control of traffic in alcoholic beverages for the preservation of the public peace and order, the shipment of such beverages into the commonwealth, except as provided in this section and section 19F, is hereby prohibited.

No vote in any city or town under section eleven shall prevent the granting or renewal of a license under this section.

All alcoholic beverages, wines and malt beverages purchased by any licensee under this section, and all alcoholic beverages, wines and malt beverages shipped into the commonwealth pursuant to any such purchase, shall be warehoused at the warehouse facilities of such licensee and held in his physical possession at such warehouse prior to reshipment to persons holding licenses under section twelve or section fifteen.

Notwithstanding any other provisions of this chapter, a licensee may deliver alcoholic beverages on a Sunday or a legal holiday to the holder of a special license under the provisions of section fourteen for use in accordance with the terms of said special license.

It shall be unlawful for any licensee under this section to purchase alcoholic beverages from any source other than the primary American source of supply unless authorized by the primary American source of supply. ''Primary American source of supply'' shall mean the distiller, bottler, brewer, vintner, brand owner, or designated agent of the distiller, bottler, brewer, vintner, or brand owner.