Mass. Gen. Laws ch. 138, sec. 1 — MA Code / Part I / Title XX / Chapter 138 / Section 1
Definitions
Status: in_force

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:— ''Alcohol'', all alcohol other than denatured alcohol or alcohol described in section three hundred and three A of chapter ninety-four. ''Alcoholic beverages'', any liquid intended for human consumption as a beverage and containing one half of one per cent or more of alcohol by volume at sixty degrees Fahrenheit. ''Alcohol-related incapacitation'', the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor, is: (a) unconscious; (b) in need of medical attention; or (c) likely to suffer or cause physical harm or damage property. ''Club'', a corporation chartered for any purpose described in section two of chapter one hundred and eighty, whether under federal or state law, including any body or association lawfully operating under a charter granted by a parent body so chartered, and including also any organization or unit mentioned in clause twelfth of section five of chapter forty, owning, hiring, or leasing a building, or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members; provided, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at its annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the disposition or sale of alcoholic beverages beyond the amount of such salary as may be fixed and voted annually within two months after January first in each year by the members or by its directors or other governing body and as shall in the judgment of the local licensing authorities and the commission be reasonable and proper compensation for the services of such member, officer, agent or employee. Such club shall file with the local licensing authorities and the commission annually within three months after January first in each year a list of the names and residences of its officers, together with the amount of salary or compensation received by each employee engaged in the handling or selling of alcoholic beverages. ''Commission'', the alcoholic beverages control commission established under section 70 of chapter 10. ''Continuing care retirement community'', a facility providing continuing care to residents as defined by section 76 of chapter 93; provided, however, that such facility shall include a certified assisted living residence pursuant to chapter 19D. ''Direct wine shipper'', a person who sells, delivers or exports wine to consumers in the commonwealth under a license issued pursuant to section 19F. ''Farmer-brewer'', any person who grows cereal grains or hops for the purpose of producing malt beverages and who is licensed to operate a farmer-brewery under section nineteen C; ''Farmer-brewery'', any plant or premise where malt beverages are produced from the fermentation of malt with or without cereal grains or fermentable sugars, or of hops, provided that said hops or cereal grains are grown by the farmer-brewer. ''Farmer-distiller'', a person who grows fruits, flowers, herbs, vegetables, cereal grains or hops for the purpose of producing alcoholic beverages and who is licensed to operate a farmer-distillery under section 19E. ''Farmer-distillery'', a plant or premise where distilled spirits are produced, manufactured or distilled. ''Farmer-winery'', any plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables. ''Gaming establishment contract vendor'', a vendor that contracts with a gaming establishment, as defined by section 2 of chapter 23K, to sell or serve alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment contract vendor shall include, but shall not be limited to, a restaurant, bar or club; and provided further, that a gaming establishment contract vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling. ''Gaming establishment self-owned vendor'', a vendor owned or operated by a gaming establishment, as defined by section 2 of chapter 23K, that sells or serves alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment self-owned vendor shall include, but shall not be limited to, a restaurant, bar or club owned or operated by said gaming establishment; and provided further, that a gaming establishment self-owned vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling. ''Host brewer'', a person or entity licensed pursuant to section 19 or 19C to manufacture malt beverages who has entered into an alternating proprietorship arrangement with a tenant brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages on behalf of the tenant brewer. ''Hotel'', a building or part of a building owned or leased and operated by a person holding a duly issued and valid license as an innholder, under the provisions of chapter one hundred and forty and provided with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for its guests, including travelers and strangers and its other patrons and customers, and in addition meeting and complying with all the requirements imposed upon innholders under said chapter one hundred and forty. ''Licensing authorities'', the commission or the local licensing authorities, or both, as the case may be. ''Liqueur or cordial'', all alcoholic beverages manufactured or produced by mixing or redistilling neutral spirits, brandy, gin, or other distilled spirits with or over fruits, flowers, plants or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolations, or maceration of such materials and containing no less than two and one-half percent sugar by weight. ''Local licensing authorities'', the licensing boards and commissions established in any city or town under special statute or city charter or under section four or corresponding provisions of earlier laws, or, in a city having no such board or commission or having a board rendered inactive under section eight, the aldermen, or, in a town having no such board or commission, the selectmen. ''Malt beverages'', all alcoholic beverages manufactured or produced by the process of brewing or fermentation of malt, with or without cereal grains or fermentable sugars, or of hops, and containing not more than twelve per cent of alcohol by weight. ''Powdered alcohol'', a nonmedicinal product in powdered or crystalline form that contains alcohol and is intended for consumption by direct use or when mixed with water or another substance. ''Pub brewer'', a person who is licensed to operate a pub brewery under section 19D. ''Pub brewery'', a plant or premise licensed under sections 12 and 19D where malt beverages are authorized to be produced and sold and where alcoholic beverages or wine or malt beverages only are authorized to be sold for consumption on the premises according to commission regulations. ''Restaurant'', space, in a suitable building, leased or rented or owned by a person holding a duly issued and valid license as a common victualler under the provisions of said chapter one hundred and forty, and provided with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons and customers, and in addition meeting and complying with all the requirements imposed upon common victuallers under said chapter one hundred and forty. No advertising matter, screen, curtain or other obstruction which, in the opinion of the licensing authorities, prevents a clear view of the interior of a restaurant shall be maintained in or on any window or door thereof after the said authorities have ordered the removal of such obstruction and have afforded the licensee thereof a reasonable opportunity to remove the same. ''Ship chandler'', one whose primary business is providing supplies and equipment to ships. ''Special gaming establishment contract vendor alcoholic beverage license'', a license that permits a gaming establishment contract vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K. ''Special gaming establishment self-owned vendor alcoholic beverage license'', a license that permits a gaming establishment self-owned vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K. ''Tavern'', an establishment where alcoholic beverages may be sold, as authorized by this chapter, with or without food, to be served to and drunk by patrons in plain view of other patrons, all entrances to which shall open directly from a public way. The business conducted therein shall be open to public view from the sidewalk level and the establishment shall be properly lighted. No window facing a public way shall be obstructed by any screen or other object extending more than five feet above the level of the sidewalk on which the establishment abuts, but in no event shall any screen or obstruction prevent a clear view of the interior of said tavern. ''Tenant Brewer'', a person or entity that has been licensed pursuant to section 19 or section 19C or a license holder outside the commonwealth that is authorized to manufacture, export and import malt beverages and has a transportation permit issued pursuant to section 22 who has entered into an alternating proprietorship arrangement with a host brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages at a host brewer's premises. ''Winegrower'', any person licensed to operate a farmer's winery under section nineteen B. ''Winery'', a plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables, or where wine is bottled or packaged. ''Wines'', all fermented alcoholic beverages made from fruits, flowers, herbs or vegetables and containing not more than twenty-four per cent of alcohol by volume at sixty degrees Fahrenheit, except cider containing not more than three per cent, or containing more than six per cent, of alcohol by weight at sixty degrees Fahrenheit.

Section 1. The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:—

''Alcohol'', all alcohol other than denatured alcohol or alcohol described in section three hundred and three A of chapter ninety-four.

''Alcoholic beverages'', any liquid intended for human consumption as a beverage and containing one half of one per cent or more of alcohol by volume at sixty degrees Fahrenheit.

''Alcohol-related incapacitation'', the condition of an intoxicated person who, by reason of the consumption of intoxicating liquor, is: (a) unconscious; (b) in need of medical attention; or (c) likely to suffer or cause physical harm or damage property.

''Club'', a corporation chartered for any purpose described in section two of chapter one hundred and eighty, whether under federal or state law, including any body or association lawfully operating under a charter granted by a parent body so chartered, and including also any organization or unit mentioned in clause twelfth of section five of chapter forty, owning, hiring, or leasing a building, or space in a building, of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members; provided, that its affairs and management are conducted by a board of directors, executive committee, or similar body chosen by the members at its annual meeting, and that no member or any officer, agent or employee of the club is paid, or directly or indirectly receives in the form of salary or other compensation, any profits from the disposition or sale of alcoholic beverages beyond the amount of such salary as may be fixed and voted annually within two months after January first in each year by the members or by its directors or other governing body and as shall in the judgment of the local licensing authorities and the commission be reasonable and proper compensation for the services of such member, officer, agent or employee. Such club shall file with the local licensing authorities and the commission annually within three months after January first in each year a list of the names and residences of its officers, together with the amount of salary or compensation received by each employee engaged in the handling or selling of alcoholic beverages.

''Commission'', the alcoholic beverages control commission established under section 70 of chapter 10.

''Continuing care retirement community'', a facility providing continuing care to residents as defined by section 76 of chapter 93; provided, however, that such facility shall include a certified assisted living residence pursuant to chapter 19D.

''Direct wine shipper'', a person who sells, delivers or exports wine to consumers in the commonwealth under a license issued pursuant to section 19F.

''Farmer-brewer'', any person who grows cereal grains or hops for the purpose of producing malt beverages and who is licensed to operate a farmer-brewery under section nineteen C;

''Farmer-brewery'', any plant or premise where malt beverages are produced from the fermentation of malt with or without cereal grains or fermentable sugars, or of hops, provided that said hops or cereal grains are grown by the farmer-brewer.

''Farmer-distiller'', a person who grows fruits, flowers, herbs, vegetables, cereal grains or hops for the purpose of producing alcoholic beverages and who is licensed to operate a farmer-distillery under section 19E.

''Farmer-distillery'', a plant or premise where distilled spirits are produced, manufactured or distilled.

''Farmer-winery'', any plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables.

''Gaming establishment contract vendor'', a vendor that contracts with a gaming establishment, as defined by section 2 of chapter 23K, to sell or serve alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment contract vendor shall include, but shall not be limited to, a restaurant, bar or club; and provided further, that a gaming establishment contract vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

''Gaming establishment self-owned vendor'', a vendor owned or operated by a gaming establishment, as defined by section 2 of chapter 23K, that sells or serves alcoholic beverages at the gaming establishment for consumption on premises; provided, however, that a gaming establishment self-owned vendor shall include, but shall not be limited to, a restaurant, bar or club owned or operated by said gaming establishment; and provided further, that a gaming establishment self-owned vendor shall not include a vendor that serves alcohol in a gaming area to patrons who are actively participating in gambling.

''Host brewer'', a person or entity licensed pursuant to section 19 or 19C to manufacture malt beverages who has entered into an alternating proprietorship arrangement with a tenant brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages on behalf of the tenant brewer.

''Hotel'', a building or part of a building owned or leased and operated by a person holding a duly issued and valid license as an innholder, under the provisions of chapter one hundred and forty and provided with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for its guests, including travelers and strangers and its other patrons and customers, and in addition meeting and complying with all the requirements imposed upon innholders under said chapter one hundred and forty.

''Licensing authorities'', the commission or the local licensing authorities, or both, as the case may be.

''Liqueur or cordial'', all alcoholic beverages manufactured or produced by mixing or redistilling neutral spirits, brandy, gin, or other distilled spirits with or over fruits, flowers, plants or pure juices therefrom, or other natural flavoring materials, or with extracts derived from infusions, percolations, or maceration of such materials and containing no less than two and one-half percent sugar by weight.

''Local licensing authorities'', the licensing boards and commissions established in any city or town under special statute or city charter or under section four or corresponding provisions of earlier laws, or, in a city having no such board or commission or having a board rendered inactive under section eight, the aldermen, or, in a town having no such board or commission, the selectmen.

''Malt beverages'', all alcoholic beverages manufactured or produced by the process of brewing or fermentation of malt, with or without cereal grains or fermentable sugars, or of hops, and containing not more than twelve per cent of alcohol by weight.

''Powdered alcohol'', a nonmedicinal product in powdered or crystalline form that contains alcohol and is intended for consumption by direct use or when mixed with water or another substance.

''Pub brewer'', a person who is licensed to operate a pub brewery under section 19D.

''Pub brewery'', a plant or premise licensed under sections 12 and 19D where malt beverages are authorized to be produced and sold and where alcoholic beverages or wine or malt beverages only are authorized to be sold for consumption on the premises according to commission regulations.

''Restaurant'', space, in a suitable building, leased or rented or owned by a person holding a duly issued and valid license as a common victualler under the provisions of said chapter one hundred and forty, and provided with adequate and sanitary kitchen and dining room equipment and capacity for preparing, cooking and serving suitable food for strangers, travelers and other patrons and customers, and in addition meeting and complying with all the requirements imposed upon common victuallers under said chapter one hundred and forty. No advertising matter, screen, curtain or other obstruction which, in the opinion of the licensing authorities, prevents a clear view of the interior of a restaurant shall be maintained in or on any window or door thereof after the said authorities have ordered the removal of such obstruction and have afforded the licensee thereof a reasonable opportunity to remove the same.

''Ship chandler'', one whose primary business is providing supplies and equipment to ships.

''Special gaming establishment contract vendor alcoholic beverage license'', a license that permits a gaming establishment contract vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

''Special gaming establishment self-owned vendor alcoholic beverage license'', a license that permits a gaming establishment self-owned vendor to sell or serve alcoholic beverages at a gaming establishment, as defined by section 2 of chapter 23K.

''Tavern'', an establishment where alcoholic beverages may be sold, as authorized by this chapter, with or without food, to be served to and drunk by patrons in plain view of other patrons, all entrances to which shall open directly from a public way. The business conducted therein shall be open to public view from the sidewalk level and the establishment shall be properly lighted. No window facing a public way shall be obstructed by any screen or other object extending more than five feet above the level of the sidewalk on which the establishment abuts, but in no event shall any screen or obstruction prevent a clear view of the interior of said tavern.

''Tenant Brewer'', a person or entity that has been licensed pursuant to section 19 or section 19C or a license holder outside the commonwealth that is authorized to manufacture, export and import malt beverages and has a transportation permit issued pursuant to section 22 who has entered into an alternating proprietorship arrangement with a host brewer approved by the United States Department of the Treasury Alcohol and Tobacco Tax and Trade Bureau to manufacture or package malt beverages at a host brewer's premises.

''Winegrower'', any person licensed to operate a farmer's winery under section nineteen B.

''Winery'', a plant or premise where wine is produced, rectified, blended or fortified from fruits, flowers, herbs or vegetables, or where wine is bottled or packaged.

''Wines'', all fermented alcoholic beverages made from fruits, flowers, herbs or vegetables and containing not more than twenty-four per cent of alcohol by volume at sixty degrees Fahrenheit, except cider containing not more than three per cent, or containing more than six per cent, of alcohol by weight at sixty degrees Fahrenheit.