reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 27 - Crediting of Fees for Licenses and Permits to General Fund; Payment of Fees for Licenses and Permits Granted by Local Authorities Into Local Treasuries

Section 27. All fees for licenses and permits authorized to be granted by the commission under this chapter, and all moneys payable under section twenty-one, shall be paid into the state treasury and shall be credited to the General Fund. All fees for licenses and permits authorized to be granted by the local licensing authorities under this chapter shall be paid into the treasuries of their respective cities and towns.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 28 - Sale of Alcoholic Beverage to Churches, Religious Societies, Hospitals, Homes for Aged People and to Manufacturers of Food Products

Section 28. The holder of a license under section 18, 19, 19B, 19C or 19D may sell those alcoholic beverages which such licensees are authorized to sell to churches and religious societies, educational institutions licensed under section fourteen, incorporated hospitals and homes for aged people whose real or personal property is exempt from taxation under the laws of the commonwealth, and to manufacturers of food products, including ice cream, for use only in connection with the manufacture of such products, and to manufacturers of drugs and chemicals for use only in the manufacture or preparation of articles mentioned in section thirty-five of chapter one hundred and twelve, in such quantities and subject to such restrictions as the commission may by regulation prescribe. The holder of such a license may also sell and deliver such beverages to any person on any federal or state military or naval reservation authorized by the commanding officer thereof to purchase and receive the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 29 - Use and Sale of Alcoholic Beverages by Registered Pharmacists; Prescriptions; Prescription Books; Sales in Original Sealed Packages

Section 29. A registered pharmacist in a city or town who holds a certificate of fitness under the following section, having complied with all provisions of law relative to the practice of pharmacy, irrespective of the vote of the city or town under section eleven, may use alcohol for the manufacture of United States pharmacopoeia or national formulary preparations and all medicinal preparations unfit for beverage purposes, and may sell alcohol, and, upon the prescription of a registered physician, (1) wines, (2) malt beverages, and (3) other alcoholic beverages. Each of the three foregoing classes shall be sold only on separate prescriptions and in quantity not exceeding one gallon of wines, one gallon of malt beverages and one quart of other alcoholic beverages. Every such prescription shall be dated and signed by the physician and shall contain the name of the person prescribed for.
All such prescriptions shall be retained and kept on file in a separate book by the pharmacist selling the same and shall not be refilled. Such prescription book shall be open at all times to inspection of the board of registration in pharmacy, licensing authorities and their agents and police officers. Nothing in this chapter shall disqualify a registered pharmacist from being licensed under section fifteen, provided that he sells no cooked food to be consumed on the premises; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen.
Sales of alcoholic beverages hereunder shall be made only in the original sealed packages, and such beverages shall not be permitted to be drunk on the premises.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30 - Issuance of Certificate of Fitness to Registered Pharmacist; Fee; Revocation

Section 30. The board of registration in pharmacy may issue to a registered pharmacist who desires to exercise the authority conferred by section twenty-nine, a certificate of fitness, stating that in the judgment of said board he is a proper person to be intrusted with such authority and that the public good will be promoted by the granting thereof. The board or the local licensing authorities may, after giving a hearing to the parties interested, revoke or suspend such certificate for any cause which they may deem proper, and such revocation or suspension shall revoke or suspend all authority conferred by section twenty-nine. Said certificate of fitness shall expire on December thirty-first of each uneven numbered year, following the date of its issue, and the fee therefor shall be twenty-five dollars for two years, or any part thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30a - Registered Pharmacists' Licenses to Sell Alcoholic Beverages Without Prescription; Hours of Sales

Section 30A. A registered pharmacist in a city or town wherein the granting of licenses to sell all alcoholic beverages is authorized may be licensed by the local licensing authorities to sell alcoholic beverages for medicinal, mechanical or chemical purposes without a physician's prescription subject to the limitations contained in section thirty-three, the said sales to be recorded in the manner prescribed in section thirty E. Sales of alcoholic beverages hereunder shall be made only in the original sealed packages and such beverages shall not be permitted to be drunk on the premises. Sales of such beverages by a licensee hereunder shall be permitted only during such hours as sales thereof may be made by a licensee under section fifteen.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30b - Kinds of Licenses Issued to Druggists Under Sec. 30a; Transfers

Section 30B. One or more licenses may be granted annually under the provisions of section thirty A by the licensing authorities of a city or town to retail druggists who are registered pharmacists actively engaged in business on their own account, or on the account of the widow, executor or administrator of a deceased registered pharmacist, or of the wife of one who has become incapacitated, upon presentation to said authorities of the certificate prescribed by section thirty, if it appears that the applicant is a proper person to receive such license. A registered pharmacist who owns stock of the actual value of at least five hundred dollars in a corporation which has been incorporated for the purpose of carrying on the drug business, and who conducts in person the business of a store of such corporation, shall be considered as actively engaged in business on his own account and as qualified to receive a license for such store. The licensing authorities may refuse to grant any and all such licenses.
A license granted under section thirty A may be transferred to a registered pharmacist, qualified to receive such a license in the first instance, if the licensing authorities determine that the interests in the ownership of the store in which the license was granted to be exercised remain substantially unchanged.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30c - Termination of Druggist's License Upon Cessation of Business

Section 30C. A license issued under section thirty A shall become null and void without any process or decree, if the registered pharmacist to whom it has been granted ceases to conduct his business in person and on his own account, or upon the revocation of his certificate of registration as a pharmacist, unless the registered pharmacist has been unable to so conduct his business or has died, and his business is continued by his wife, widow, executor or administrator under another registered pharmacist.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30d - Certificate of Purchaser; Sales of Alcoholic Beverages by Retail Pharmacists Licensed Under Sec. 30a

Section 30D. Retail pharmacists licensed under section thirty A shall not sell alcoholic beverages of any kind for medicinal, mechanical or chemical purposes except upon the certificate of the purchaser, which shall state the use for which it is wanted, and which shall be immediately cancelled at the time of sale in such manner as to show the date of cancellation.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30e - Record Book of Registered Pharmacists of Sales of Alcoholic Beverages; Form of Certificate

Section 30E. Every retail pharmacist licensed under section thirty A shall keep a book in which he shall enter, at the time of every such sale, the date thereof, the name of the purchaser, the kind, quantity and price of said beverage, the purpose for which it was sold, and the residence by street and number if any, of said purchaser. If such sale is made upon the prescription of a physician, the book shall also contain the name of the physician and shall state the use for which said beverage is prescribed and the quantity to be used for such purpose, and the prescription shall be cancelled in the manner provided in the preceding section with reference to certificates. Said book shall be in form substantially as follows:
The certificate mentioned in the preceding section shall be a part of said book and shall not be detached therefrom, and shall be in form substantially as follows:
CERTIFICATE
I wish to purchase . . . . . . . and I certify that I am not a person under age twenty-one and that the same is to be used for *Mechanical *Chemical *Medicinal purpose.
(*Draw a line through the words which do not indicate the purpose of the purchase.)
Signature
Cancelled
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30f - Inspection of Books, Certificates and Prescriptions

Section 30F. The book, certificates and prescriptions provided for in the two preceding sections shall at all times be kept on the licensed premises and be open to the inspection of the board of registration in pharmacy, the licensing authorities or their agents, the aldermen, the selectmen when not constituting the local licensing authorities, sheriffs, constables, police officers and justices of the peace.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30g - Illegal Sale of Alcoholic Beverages in Name of Registered Pharmacist

Section 30G. A person, not a registered pharmacist, who procures a license for the sale of alcoholic beverages under section thirty A in the name of a registered pharmacist who is dead, or in the name of a registered pharmacist by borrowing, hiring or purchasing the use of his certificate, and, being himself the owner or manager of the place, personally or by his servants sells alcoholic beverages, shall be punished by a fine of not less than fifty nor more than five hundred dollars and by imprisonment for not less than one nor more than six months. Section eleven of chapter two hundred and seventy-nine shall not apply to a conviction under this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 30h - Possession or Transportation of Alcoholic Beverages Not Authorized to Be Sold as Prima Facie Evidence of Violation of Chapter

Section 30H. Possession on the licensed premises by any licensee under this chapter of any alcoholic beverages or alcohol not authorized to be sold or used under the terms of his license shall be prima facie evidence that such beverage or alcohol is kept for sale in violation of this chapter. Transportation of any alcoholic beverage or alcohol in any vehicle covered by a transportation permit issued to a licensee under this chapter or his employee shall, if such alcoholic beverage or alcohol is not authorized to be sold or used under the terms of the license issued to such licensee, be prima facie evidence that such alcoholic beverage or alcohol is being transported in violation of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 32 - Hawking or Peddling of Alcoholic Beverages

Section 32. No holder of a license or permit under this chapter shall himself or through an agent or employee go from town to town or from place to place in the same town selling, bartering, hawking or peddling, or exposing or carrying for sale, barter, hawking or peddling, any alcoholic beverages from a vehicle. All sales of such beverages under section fifteen and all sales thereof by a licensee under section eighteen, nineteen, nineteen B or nineteen C where transportation and delivery are required, shall be made only upon orders actually received at the licensed place of business prior to the shipment thereof. Violation of this section shall be punished by a fine not exceeding two hundred dollars or by imprisonment for not more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 33a - Sales of Alcoholic Beverages by On-Premise Licensees on Sundays and Certain Legal Holidays; Sales Between 1:00 a.m. and 2:00 a.m.

Section 33A. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of one o'clock ante meridian and two o'clock ante meridian on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 33b - Sales of Alcoholic Beverages by On-Premise Licensees on Sundays and Certain Legal Holidays; Sales Between 10:00 a.m. and 12:00 Noon

Section 33B. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of 10:00 a.m. and 12:00 noon on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 34 - Sale, Delivery or Furnishing Alcoholic Beverages to Persons Under Twenty-One Years of Age; Employment of Persons Under Eighteen Years of Age

Section 34. No person shall receive a license or permit under this chapter who is under 21 years of age. Whoever makes a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under section 12 or 15, delivers or procures to be delivered in any public room or area of such establishment if licensed under section 12, 15, 19B, 19C or 19D or in any area of such establishment if licensed under said section 15, 19B, 19C or 19D any such beverages or alcohol to or for use by a person who he knows or has reason to believe is under 21 years of age or whoever procures any such beverage or alcohol for a person under 21 years of age in any establishment licensed under section 12 or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment licensed under said section 15, 19B, 19C or 19D or whoever furnishes any such beverage or alcohol for a person under 21 years of age shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year or both. For the purpose of this section the word ''furnish'' shall mean to knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age except for the children and grandchildren of the person being charged to possess alcoholic beverages on premises or property owned or controlled by the person charged. Nothing in this section shall be construed to prohibit any person licensed under this chapter from employing any person 18 years of age or older for the direct handling or selling of alcoholic beverages or alcohol.
Notwithstanding the provisions of clause (14) of section 62 of chapter 149, a licensee under this chapter may employ a person under the age of 18 who does not directly handle, sell, mix or serve alcohol or alcoholic beverages.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 34a - Persons Under Twenty-One Years; Purchase or Attempt to Purchase Alcoholic Beverages

Section 34A. Any person under twenty-one years of age who purchases or attempts to purchase alcoholic beverages or alcohol, or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age, with the intent of purchasing alcoholic beverages, either for his own use or for the use of any other person shall be punished by a fine of three hundred dollars and whoever knowingly makes a false statement as to the age of a person who is under twenty-one years of age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, either for the use of the person under twenty-one years of age or for the use of some other person, and whoever induces a person under twenty-one years of age to make a false statement as to his age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, shall be punished by a fine of three hundred dollars. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court. Upon receipt of such notice the registrar shall thereupon suspend for 180 days the defendant's license or right to operate a motor vehicle.
The commission shall prepare and distribute to business establishments which sell, serve or otherwise dispense alcohol or alcoholic beverages to the general public, posters to be displayed therein in a conspicuous place. Said posters shall contain a summary and explanation of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 34c - Minors; Operation of Motor Vehicle Containing Alcoholic Beverage; Suspension of Driver's License

Section 34C. Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars for a second or subsequent offense; provided, however, that this section shall not apply to a person between the ages of eighteen and twenty-one who knowingly possesses, transports or carries on his person, alcohol or alcoholic beverages in the course of his employment. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 34d - Posting Notices of Penalties for Driving While Under Influence and Driving While Drinking From Open Container of Alcohol

Section 34D. Any establishment which sells alcoholic beverages to be drunk on the premises, shall post a copy of the penalties set forth in subdivision (1) of section twenty-four of chapter ninety for driving under the influence. Any establishment which sells alcoholic beverages not to be drunk on the premises shall post a copy of the penalties set forth in section twenty-four I of said chapter ninety for operating a motor vehicle while drinking from an open container of alcohol. Said copies shall be posted conspicuously by the owner or person in charge of the respective establishment, and whoever violates this provision shall be punished by a fine of not more than fifty dollars. Any person unlawfully removing a copy so posted shall be punished by a fine of fifty dollars. Said copies, printed in letters not less in size than eighteen point capitals, boldface, shall be prepared by the commission and distributed to business establishments which sell, serve or otherwise dispense alcohol or alcoholic beverages to the general public.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 34e - Immunity From Prosecution Under Secs. 34, 34a or 34c for Persons Seeking Medical Assistance for Alcohol-Related Incapacitation

Section 34E. (a) A person under 21 years of age who, in good faith, seeks medical assistance for someone experiencing alcohol-related incapacitation shall not be charged or prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcohol was gained as a result of seeking medical assistance.
(b) A person under 21 years of age who experiences alcohol-related incapacitation and is in need of medical assistance and, in good faith, seeks such medical assistance or is the subject of such a good faith request for medical assistance shall not be charged or prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcohol was gained as a result of seeking medical assistance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 35 - Sales of Alcoholic Beverages Outside Limits of Reservations or Boulevards

Section 35. No rule or regulation made by the commissioner of conservation and recreation for the government and use of the reservations or boulevards under its care within the urban parks district shall prohibit or restrict the sale of alcoholic beverages in any building or place outside the limits of said reservations or boulevards if a license for such sale has been granted hereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 36 - Analysis of Alcoholic Beverages by Department of State Police

Section 36. The analyst or assistant analyst of the department of state police shall upon request make, free of charge, an analysis of all alcoholic beverages sent to it by the licensing authorities or by police officers or other officers authorized by law to make seizures of alcoholic beverages, if the department is satisfied that the analysis requested is to be used in connection with the enforcement of the laws of the commonwealth. The said department shall return to such police or other officers, as soon as may be, a certificate, signed by the analyst or assistant analyst making such analysis, of the percentage of alcohol which such samples of beverages contain, and, if the commission so requests, of the composition and quality of such beverages as shown by the samples submitted. Such certificate shall be prima facie evidence of the composition and quality of the alcoholic beverages to which it relates, and the court may take judicial notice of the signature of the analyst or the assistant analyst, and of the fact that he is such.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 37 - Certificate Accompanying Sample of Beverages to Be Analyzed; Contents

Section 37. A certificate shall accompany each sample of beverages sent for analysis by an officer to the department of state police stating from whom the beverages were seized, the date of the seizure and the name and residence of the officer who seized said beverages. Said department shall note upon said certificate the date of the receipt and the analysis of said alcoholic beverages and the percentage of the alcohol or the composition and quality of said beverages, as the case may be, as required by section thirty-six on a form prescribed by said department of state police.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 38 - Forms of Commission

Section 38. The commission shall provide and cause officers of be supplied with a suitable number of the forms prescribed by section thirty-seven. The certificate of the department of state police, given substantially in the form hereinbefore set forth, shall be admitted as evidence on trials for the forfeiture of alcoholic beverages as to the composition and quality of the beverages to which it relates.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 40 - Analysis of Alcoholic Beverages by Court Order; Fee

Section 40. Any court may cause alcoholic beverages which have been seized under this chapter to be analyzed by a competent chemist, and the reasonable expense thereof, including a fee of not more than five dollars for each analysis, shall be taxed, allowed and paid like other expenses in criminal cases.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 41 - Delivery of Alcoholic Beverages as Prima Facie Evidence of Sale

Section 41. The delivery of alcoholic beverages in or from a building, booth, stand or other place, except a private dwelling house, or in or from a private dwelling house if any part thereof or its dependencies is used as an inn, eating house or shop of any kind, or other place of common resort, such delivery in either case being to a person not a resident therein, shall be prima facie evidence that such delivery is a sale.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 42 - Issuance of Search Warrant

Section 42. If two persons of full age make complaint to a district court or justice of the peace authorized to issue warrants in criminal cases that they have reason to believe and do believe that alcoholic beverages, described in the complaint, are kept or deposited by a person named therein in a store, shop, warehouse, building, vehicle, steamboat, vessel or place, and are intended for sale contrary to law, such court or justice, if it appears that there is probable cause to believe said complaint to be true, shall issue a search warrant to a sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy marshal, police officer, including a state police officer, or constable, commanding him to search the premises in which it is alleged that such alcoholic beverages are deposited, and to seize such beverages, the vessels in which they are contained and all implements of sale and furniture used or kept and provided to be used in the illegal keeping or sale of such beverages, and securely keep the same until final action thereon, and return the warrant with his doings thereon, as soon as may be, to a district court having jurisdiction in the place in which such beverages are alleged to be kept or deposited.
For the purposes of this and the thirteen following sections, the words ''alcoholic beverages'' shall be deemed to include ''alcohol''.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 43 - Search of Dwelling House

Section 43. A warrant shall not be issued for the search of a dwelling house, if no inn, tavern, store, grocery, eating house or place of common resort is kept therein, unless one of the complainants makes oath that he has evidence that such alcoholic beverages have been sold therein or taken therefrom for the purpose of being sold by the occupant, or by his consent, or permission, contrary to law, within one month next before making such complaint, and are then kept therein for sale contrary to law by the person complained against. Such complainant shall state the facts and circumstances which constitute such evidence, and such allegations shall be recited in the complaint and warrant.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 44 - Sufficiency of Complaint and Warrant

Section 44. The complaint shall particularly designate the building, structure and place to be searched, the alcoholic beverages to be seized, the person by whom they are owned, kept or possessed and intended for sale, and shall allege the intent of such person to sell the same contrary to law. The warrant shall allege that probable cause has been shown for the issuing thereof; and the place to be searched, the alcoholic beverages to be seized, and the person believed to be the owner, possessor, or keeper of such beverages, intending to sell the same contrary to law, shall be designated therein with the same particularity as in the complaint and the complainants shall be summoned to appear as witnesses.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 45 - Search of Premises; Seizure of Alcoholic Beverages

Section 45. The officer to whom the warrant is committed shall search the premises and seize the alcoholic beverages described in the warrant, the casks or other vessels in which the same are contained, and all implements of sale and furniture used or kept and provided to be used in the illegal keeping or sale of such beverages, if they are found in or upon said premises, and shall convey the same to some place of security, where he shall keep the beverages and vessels until final action is had thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 46 - Searches and Seizures Without Warrant

Section 46. A sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy or assistant marshal, police officer, including a state police officer, or constable who, without a search warrant duly committed to him, searches for or seizes alcoholic beverages in a dwelling shall be punished by a fine of not less than five nor more than one hundred dollars.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 47 - Notice to Keeper of Alcoholic Beverages to Appear and Answer Complaint; Forfeiture of Seized Beverages

Section 47. The court before whom the warrant is returned shall, within twenty-four hours after the seizure thereunder of the alcoholic beverages and the vessels containing them, issue a notice, under seal, and signed by the justice or the clerk of said court, commanding the person complained against as the keeper of the beverages seized and all other persons who claim any interest therein or in the casks or vessels containing the same to appear before said court, at a time and place therein named, to answer to said complaint and show cause why such beverages and the vessels containing them should not be forfeited.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 48 - Notice; Contents; Service

Section 48. The notice shall contain a description of the number and kind of vessels, the quantity and kind of alcoholic beverages seized, as nearly as may be, and shall state when and where they were seized. It shall, not less than fourteen days before the time appointed for the trial, be served by a sheriff, deputy sheriff, constable or police officer upon the person charged with being the keeper thereof by leaving an attested copy thereof with him personally or at his usual place of abode, if he is an inhabitant of the commonwealth, and by posting an attested copy on the building in which the beverages were seized, if they were found in a building; otherwise in a public place in the city or town in which the beverages were seized.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 49 - Postponement of Trial

Section 49. If, at the time appointed for trial, said notice has not been duly served, or other sufficient cause appears, the trial may be postponed to some other day and place, and such further notice issued as shall supply any defect in the previous notice; and time and opportunity for trial and defence shall be given to persons interested.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 50 - Admission of Claimant of Alcoholic Beverages as Party to Trial; Forfeiture of Alcoholic Beverages Unlawfully Kept; Sale of Motor Vehicle Held to Be Implement or Container of Alcoholic Beverages

Section 50. At the time and place designated in the notice, the person complained against, or any person claiming an interest in the alcoholic beverages and vessel seized, or any part thereof, may appear and make his claim verbally or in writing, and a record of his appearance and claim shall be made, and he shall be admitted as a party to the trial. Whether a claim as aforesaid is made or not, the court shall proceed to try, hear and determine the allegations of such complaint, and whether said beverages and vessels, or any part thereof, are forfeited. If it appears that the beverages, or any part thereof, were at the time of making the complaint owned or kept by the person alleged therein for the purpose of being sold in violation of law, the court shall render judgment that such and so much of the beverages so seized as were so unlawfully kept, and the vessels in which they are contained, shall, except as hereinafter provided, be forfeited to the commonwealth. If a motor vehicle is seized under the provisions of this chapter and is held to be a container or implement of sale of alcoholic beverages contrary to law, the court shall, unless good cause to the contrary is shown, order a sale of such motor vehicle by public auction and the officer making the sale, after deducting the expense of keeping the motor vehicle, the fee for the seizure and the cost of the sale, shall pay all liens, according to their priorities, which are established, by intervention or otherwise, at said trial or in other proceedings brought for said purpose, as being bona fide and as having been created without the lienor having any notice that such motor vehicle was being used or was to be used as a container or implement of sale of alcoholic beverages contrary to law. The balance, if any, of the proceeds of the sale shall be forfeited to the commonwealth and shall be paid by said officer into its treasury. All liens against any motor vehicle sold under the provisions of this section shall be transferred from said motor vehicle to the proceeds of its sale.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 51 - Disposition of Forfeited Alcoholic Beverages and Vessels

Section 51. Any beverages and vessels so forfeited shall, by authority of the written order of the court, be forwarded to the colonel of the state police, who upon receipt of the same shall notify said court thereof. If, in the judgment of the colonel, it is for the best interests of the commonwealth that such beverages and vessels be destroyed, he shall destroy or cause the destruction of such beverages and vessels, but if in his judgment it is for the best interests of the commonwealth to sell the same, he shall cause the same to be sold, or he may deliver such alcoholic beverages to any department or agency of the commonwealth for medical, mechanical or scientific uses. The proceeds of such sales shall be paid into the treasury of the commonwealth. The officer who serves said order of the court shall be allowed therefor fifty cents, but shall not be entitled to receive any traveling fees or mileage on account of the service thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 52 - Return of Alcoholic Beverages Not Forfeited; Order; Endorsement

Section 52. If it is not proved on the trial that all or part of the beverages seized was kept or deposited for sale contrary to law, the court shall issue a written order to the officer having the same in custody to return so much thereof as was not proved to be so kept or deposited and the vessels in which it is contained, to the place as nearly as may be from which it was taken, or to deliver it to the person entitled to receive it. After executing such order, the officer shall return it to the court with his doings endorsed thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 53 - Forfeiture and Disposition of Implements and Furniture

Section 53. All implements of sale and furniture seized under sections forty-two and forty-five shall be forfeited and disposed of in the manner provided for the forfeiture and disposition of alcoholic beverages; but the court may, if it is deemed to be for the interest of the commonwealth, order the destruction or sale of said property by any officer qualified to serve criminal process and the proceeds of a sale thereof shall be paid over to the county; and said officer shall make return of the order for such destruction or sale and his doings thereon to the court issuing the same. The provisions of this section shall not apply to a motor vehicle if seized and held to be an implement of sale as aforesaid, but the disposition of such a motor vehicle shall be governed by the provisions of section fifty.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 54 - Cost of Proceedings

Section 54. If no person appears and is admitted as a party as aforesaid, or if judgment is rendered in favor of all the claimants who appear, the cost of the proceedings shall be paid as in other criminal cases. If only one party appearing fails to sustain his claim, he shall pay all the costs except the expense of seizing and keeping the beverages, and an execution shall be issued against him therefor. If judgment is rendered against two or more claimants of distinct interest in the beverages, the cost shall, according to the discretion of the court, be apportioned among such parties, and executions shall be issued against them severally. If such execution is not forthwith paid, the defendant therein named shall be committed to jail, and shall not be discharged therefrom until he has paid the same and the costs of commitment, or until he has been imprisoned thirty days.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 55 - Appeal

Section 55. A claimant whose claim is not allowed as aforesaid, and the person complained against, shall each have the same right of appeal to the superior court as if he had been convicted of crime; but before his appeal is allowed he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal to the superior court and to abide the sentence of the court thereon. Upon such appeal, any question of fact shall be tried by a jury. On the judgment of the court after verdict, whether a forfeiture of the whole or any part of the alcoholic beverages and vessels seized, or otherwise, similar proceedings shall be had as are directed in the five preceding sections.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 56 - Arrest Without Warrant of Persons Found in Act of Illegally Manufacturing or Selling Alcoholic Beverages; Seizures

Section 56. A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter. Such officers shall enforce or cause to be enforced the penalties provided by law against every person who is guilty of a violation of this chapter of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 57 - Notification of Licensing Authorities of Conviction of Holder of License, Permit or Certificate

Section 57. Upon the conviction of a holder of a license, permit or certificate of fitness under this chapter of the violation of any law relative to the business conducted under authority thereof, the court in which he has been convicted shall send to the authorities which issued the license, permit or certificate and to the commission a certificate under seal, showing the time and place of such conviction.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 58 - Notice of Conviction of Tenant to Owner of Building Used for Illegal Keeping or Sale

Section 58. Upon the conviction of a person of the illegal keeping or sale of alcoholic beverages, the court wherein he has been convicted shall issue and cause to be served upon the owner of the building, or agent of such owner in charge of the building, used for such illegal keeping or sale, if he resides within the commonwealth and is not the person so convicted, a written notice that the tenant of said building has been convicted as aforesaid; and a return thereof shall be made to the court or magistrate issuing it. Such notice, so served, shall be deemed to be due and sufficient notice under section twenty of chapter one hundred and thirty-nine.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 59 - Forms Used in Prosecutions

Section 59. The forms heretofore in use may continue to be used in prosecutions under this chapter, and if substantially followed shall be deemed sufficient to fully and plainly, substantially and formally describe the several offences in each of them set forth, and to authorize the lawful doings of the officers acting by virtue of the warrants issued in substantial conformity therewith; but this section shall not exclude the use of other suitable forms.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 61 - Buildings Used by Clubs for Selling and Distributing Alcoholic Beverages as Common Nuisances

Section 61. All buildings or places used by clubs for the purpose of selling, distributing or dispensing alcoholic beverages to their members or others shall be deemed common nuisances unless duly licensed under this chapter. Whoever keeps or maintains, or assists in keeping or maintaining, such a common nuisance shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than three months nor more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 62 - Penalties for Violations of Chapter

Section 62. A violation by any person of any provision of this chapter for which a specific penalty is not provided or a violation by a licensee or permitted of any provision of his license or permit or of any regulation made under authority of this chapter shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than one month nor more than one year, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 63 - Entry of Licensing Authorities Upon Licensed Premises; Taking of Samples

Section 63. The local licensing authorities or their agents may at any time enter upon the premises of a person who is licensed by them, and the commission or its agents may enter upon the premises of any holder of a license, permit or certificate of fitness under this chapter, to ascertain the manner in which he conducts the business carried on under such license, permit or certificate. Such licensing authorities or their agents may at any time take samples for analysis from any beverages or alcohol kept on such premises, and the vessel or vessels containing such samples shall be sealed on the premises in the presence of the holder of such license, permit or certificate or one of his employees, and shall remain so sealed until presented to the state department of public health for analysis, and duplicate samples shall be left with such holder.