Mass. Gen. Laws ch. 23K, sec. 26 — MA Code / Part I / Title II / Chapter 23K / Section 26
Sale and distribution of alcoholic beverages at gaming establishments; gaming beverage license
Status: in_force

Section 26. (a) Notwithstanding chapter 138 or any other general or special law or rule or regulation to the contrary, the commission may grant, upon request of an applicant for a gaming license, a gaming beverage license for the sale and distribution of alcoholic beverages to be drunk on the premises of a gaming establishment; provided, however, that a special gaming establishment contract vendor alcoholic beverage license and a special gaming establishment self-owned vendor alcoholic beverage license may be granted by the alcoholic beverages control commission pursuant to section 79 of chapter 138. The division of gaming liquor enforcement of the alcoholic beverage control commission shall have the authority to enforce, regulate and control the distribution of alcoholic beverages in a gaming establishment. (b) The fee for the gaming beverage license and any renewals of the license shall be determined by the commission. The application fee shall be remitted with the gaming application fee. (c) Notwithstanding any regulation to the contrary, a licensee under this section may distribute alcohol free of charge and for on-premises consumption to patrons in the gaming area or as a complimentary service or item in the gaming establishment; provided, however, that the commission, in consultation with the alcoholic beverages control commission, shall promulgate regulations on such distribution and the forms of identification that may be presented to the gaming licensee to demonstrate proof that a person has attained the age of 21; and provided further, that such regulations shall include requirements relative to alcohol training certification for an employee who serves alcohol at a gaming establishment. (d) The request submitted to the commission for a gaming beverage license by an applicant for a gaming license shall detail all areas where alcoholic beverages will be served within the gaming establishment. In issuing a gaming beverage license, the commission shall describe the scope of the particular license and any restrictions and limitations; provided, however, that the gaming beverage license shall not permit the sale or distribution of alcoholic beverages between the hours of 2 a.m. and 8 a.m. (e) A gaming licensee shall be responsible for violations of the gaming beverage license in the gaming establishment. The commission may revoke, suspend, refuse to renew or refuse to transfer a gaming beverage license for violations of chapter 138 that pertain to the sale and distribution of alcohol consumed on the premises and the regulations adopted by the commission. If, at any time, a gaming licensee elects temporary suspension of its gaming license due to violations of this section, the gaming licensee shall owe the commonwealth the average tax on gross gaming revenue based on an appropriate period of time as determined by the commission for the number of days operation was suspended. (f) A gaming beverage license shall be nontransferable without prior approval from the commission. If the gaming beverage license is cancelled, revoked or no longer in use, it shall be returned physically, with all the legal rights, privileges and restrictions pertaining to the license, to the commission and the commission may then grant the license to a new gaming licensee under the same conditions as specified in this section. (g) A license granted under this section shall not decrease the number of such licenses authorized to be granted to the host community under chapter 138.

Section 26. (a) Notwithstanding chapter 138 or any other general or special law or rule or regulation to the contrary, the commission may grant, upon request of an applicant for a gaming license, a gaming beverage license for the sale and distribution of alcoholic beverages to be drunk on the premises of a gaming establishment; provided, however, that a special gaming establishment contract vendor alcoholic beverage license and a special gaming establishment self-owned vendor alcoholic beverage license may be granted by the alcoholic beverages control commission pursuant to section 79 of chapter 138. The division of gaming liquor enforcement of the alcoholic beverage control commission shall have the authority to enforce, regulate and control the distribution of alcoholic beverages in a gaming establishment.

(b) The fee for the gaming beverage license and any renewals of the license shall be determined by the commission. The application fee shall be remitted with the gaming application fee.

(c) Notwithstanding any regulation to the contrary, a licensee under this section may distribute alcohol free of charge and for on-premises consumption to patrons in the gaming area or as a complimentary service or item in the gaming establishment; provided, however, that the commission, in consultation with the alcoholic beverages control commission, shall promulgate regulations on such distribution and the forms of identification that may be presented to the gaming licensee to demonstrate proof that a person has attained the age of 21; and provided further, that such regulations shall include requirements relative to alcohol training certification for an employee who serves alcohol at a gaming establishment.

(d) The request submitted to the commission for a gaming beverage license by an applicant for a gaming license shall detail all areas where alcoholic beverages will be served within the gaming establishment. In issuing a gaming beverage license, the commission shall describe the scope of the particular license and any restrictions and limitations; provided, however, that the gaming beverage license shall not permit the sale or distribution of alcoholic beverages between the hours of 2 a.m. and 8 a.m.

(e) A gaming licensee shall be responsible for violations of the gaming beverage license in the gaming establishment. The commission may revoke, suspend, refuse to renew or refuse to transfer a gaming beverage license for violations of chapter 138 that pertain to the sale and distribution of alcohol consumed on the premises and the regulations adopted by the commission. If, at any time, a gaming licensee elects temporary suspension of its gaming license due to violations of this section, the gaming licensee shall owe the commonwealth the average tax on gross gaming revenue based on an appropriate period of time as determined by the commission for the number of days operation was suspended.

(f) A gaming beverage license shall be nontransferable without prior approval from the commission. If the gaming beverage license is cancelled, revoked or no longer in use, it shall be returned physically, with all the legal rights, privileges and restrictions pertaining to the license, to the commission and the commission may then grant the license to a new gaming licensee under the same conditions as specified in this section.

(g) A license granted under this section shall not decrease the number of such licenses authorized to be granted to the host community under chapter 138.