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2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 12c - Annual Caterer's License for Sale of Alcoholic Beverages at Private Catering Event; Written Notice; Penalties for Violation

Section 12C. (a) The commission may issue an annual caterer's license to an operator of a catering business for the sale and service of alcoholic beverages to be served and drunk on the premises where the operator caters a private event that is not open to the public; provided, however, that no such license shall be exercisable on premises located in a city or town wherein the granting of licenses under section 12 has not been authorized by that city or town. A caterer's license shall authorize the licensee to store, transport, sell and deliver alcoholic beverages in the ordinary course of the licensee's business. Alcoholic beverages may be stored only on the premises owned by the licensee or that the licensee has the exclusive right to occupy. Caterers licensed pursuant to this section shall not serve alcoholic beverages at the caterer's principal place of business. A licensee under this section shall purchase all alcoholic beverages for resale from a wholesaler licensed pursuant to section 18 and shall maintain liquor liability insurance providing security for the liability of the licensee in a minimum amount of $250,000 on account of injury to or death of 1 person and $500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. The service of alcoholic beverages shall not be for more than 5 hours during a catered event. All agents and employees of a licensed caterer who serve alcoholic beverages shall be certified by a nationally-recognized alcoholic beverages server training program. The license shall be renewable annually and shall be subject to an annual fee of $1,500.
(b) Prior to 48 hours before the start of a catered event where alcoholic beverages shall be served, a caterer licensed under this section shall provide written notice of the event to the police chief and the local licensing authority of the city or town wherein the event will be held. The notice shall include the following information:
(1) a copy of the caterers' license;
(2) proof of liquor liability insurance; and
(3) emergency contact information of the manager of the catering company.
(c) The commission, after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee violated or permitted a violation of a condition of the license or of any law of the commonwealth or regulation of the commission. The decision of the commission shall be final and conclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 13 - Licensing of Railroad or Car and Airline Corporations; Vessel Owners and Operators; Shipping Companies and Ship Chandlers

Section 13. A railroad or car corporation operating any line of railroad or furnishing refreshments upon railroad cars within the commonwealth may sell, in any dining, club, buffet or lounge car, alcoholic beverages to be drunk in the cars, if the commission sees fit to issue a license to the railroad or car corporation. The fee for each license under this section shall be $500 and for each certified copy thereof $50. An airline corporation operating within the commonwealth may sell in any aircraft alcoholic beverages to be consumed thereon, if duly licensed by the commission. The annual license fee for each airline corporation shall be $500 and for each certified copy thereof $50. The commission may also issue licenses to sell alcoholic beverages to the owner or operator of any vessel or shipping company carrying passengers and operating out of any port of the commonwealth. Sales of alcoholic beverages by licensees under this section shall be made only under regulations as the commission may prescribe. The annual license fee for each vessel shall be $500. Retail sales by ship chandlers of all alcoholic beverages not to be drunk on the premises, may be authorized by the commission, but the sales shall not be for purposes other than provisioning a vessel or shipping company using any port of the commonwealth. The fee for a license to a ship chandler for the sales shall be not less than $500 nor more than $1,000. No other license shall be required under this chapter for sales as authorized 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 14 - Special Licenses to Managers of Indoor or Outdoor Activities; Fees

Section 14. In a city or town wherein the granting of licenses to sell all alcoholic beverages or wines and malt beverages only is authorized under this chapter, special licenses for the sale of wines and malt beverages only, or either of them, may be issued by the local licensing authorities, to the responsible manager of any indoor or outdoor activity or enterprise; provided, however, in any city or town wherein the granting of licenses to sell all alcoholic beverages is authorized under this chapter, special licenses for the sale of all alcoholic beverages or wine and malt beverages only, or any of them, may be issued by the local licensing authorities to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise. Special licenses for the dispensing of wines and malt beverages in dining halls maintained by incorporated educational institutions authorized to grant degrees may be granted by the local licensing authorities in such a city or town to such institutions; provided, that such beverages shall be served only to persons over twenty-one years of age. The fees for licenses granted under this section shall be fixed from time to time by the local licensing authorities and need not be uniform.
A nonprofit charitable corporation organized pursuant to chapter 180 and registered with the division of public charities in the department of the attorney general and licensed pursuant to this section may accept free alcoholic beverages donated to the nonprofit charitable corporation by an individual, by a person licensed to manufacture alcoholic beverages or by a person licensed to sell alcoholic beverages at wholesale or retail pursuant to this chapter for the purpose of serving such donated alcoholic beverages at fundraising events for the benefit of the nonprofit charitable corporation.
A license under this section shall not be granted to any person while his application for a license under section twelve is pending before the licensing authorities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 14a - License for Sale of Wine, Malt Beverages and Distilled Spirits at Auction; Fee; Time for Auction; Sample Wine, Malt Beverages and Distilled Spirits Tastings

Section 14A. The licensing authority in any city or town wherein the granting of licenses to sell all alcoholic beverages or wines and malt beverages only may grant licenses for the sale of wine, malt beverages and distilled spirits at auctions, not to be drunk on the premises, to an applicant that is licensed as an auctioneer pursuant to chapter 100 for not less than 10 years. Each license shall describe the premises to which it applies and shall be granted only for the premises which are either the principal place of business or headquarters of the applicant and legally zoned to allow such sales or which are the premises of a licensee under section 12 or section 15. The fee for the license shall not exceed the minimum fee for holders of licenses under section 14. A holder of a license for the sale of wine, malt beverages and distilled spirits at auctions may conduct any such auction on any day and at any time permitted under section 12. Applications shall be granted by the licensing authority according to the local procedure for granting licenses under said section 14.
A licensee who holds a license under this section may provide, without charge, on-premises sample wine, malt beverages and distilled spirits tastings for prospective customers if such wines, malt beverages and distilled spirits shall be available for sale at auction on those premises; provided, however, that no single serving of wine shall exceed 1 ounce, no single serving of malt beverages shall exceed 3 ounces and no single serving of distilled spirits shall exceed 1/4 of an ounce; and provided further, that the licensee shall control the dispensing of the wine, malt beverages and distilled spirits.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 16 - Dilution, Changing or Tampering With Alcoholic Beverages; Suspension of License; Prima Facie Evidence

Section 16. Any person holding a license under section twelve, thirteen, fourteen or fifteen who, directly or through any agent, employee or other person, dilutes or changes or in any manner tampers with any alcoholic beverage authorized to be sold under such license so as to change its composition or alcoholic content shall be punished by a fine of not less than two hundred nor more than five hundred dollars, and if any holder of such a license is convicted of a violation of the foregoing, his license shall forthwith be suspended, for a period of not less than six months, by the local licensing authorities which issued the same; provided, that cocktails and other mixed drinks may be prepared on premises licensed under section twelve, thirteen or fourteen.
Possession on the licensed premises by any licensee referred to in this section of any alcoholic beverage differing in composition or alcoholic content from such beverage when received from the manufacturer or wholesaler and importer from whom it was purchased, except cocktails and other mixed drinks as hereinbefore authorized, shall be prima facie evidence that the said beverage has been diluted, changed or tampered with in violation 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 16a - Renewal of Annual Licenses; Number Limitation; Rejection of Application; Appeal

Section 16A. Licenses issued under section twelve or fifteen shall be automatically renewed for the next annual license period upon application by the holder thereof during the month of November and shall be automatically renewed for a renewal of a seasonal license for the next seasonal licensing period upon application during the month prior to the commencement of the seasonal period upon payment of the fee, provided that said license is of the same type as the expiring license and covers the same licensed premises. If the application does not meet the conditions hereunder, it shall be treated as an application for a new license and all the procedures set forth under section fifteen A shall be applicable thereto. If in any year the number of such licenses so issuable is less than the number of such holders or former holders so applying, such applicants shall be prima facie entitled to renewals in the order of the dates of their respective applications, to the extent that the same are issuable under section seventeen. Any such application may, however, be rejected for cause, subject to appeal under section sixty-seven. A person whose application has so been rejected by the local licensing authorities shall for the purposes of section seventeen be deemed to have been granted such a license until the period for such an appeal has expired or until his appeal has been dismissed.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 16b - Time Within Which Application for Licenses Shall Be Granted or Dismissed; Notice of Approval; Number of Applications

Section 16B. Applications for licenses or permits authorized to be granted by the commission shall be granted or dismissed not later than thirty days after the filing of the same, and, except as provided in section sixteen A, applications for licenses authorized to be granted by the local licensing authorities, and applications for transfers of licenses issued by such local licensing authorities under section twenty-three, shall be acted upon within a like period and if favorably acted upon by the said authorities shall be submitted for approval by the commission not later than three days following such favorable action; provided, however, that local licensing authorities shall not be required to act prior to December fifteenth in any year on applications for the renewal of annual licenses filed in accordance with the provisions of section sixteen A or prior to April fifteenth in any year on applications for the renewal of seasonal licenses so filed. A license so approved shall be issued by said authorities not later than seven days following receipt of notice of approval by the commission. Any applicant for a license under this chapter who fails to comply with the requirements of section seventy within fourteen days after notice that a license has been authorized to be granted to him shall forfeit any right thereto, unless the licensing authorities to which application was made otherwise determine.
The licensing authorities shall not receive more than two applications for a license under section twelve or fifteen to be exercised on the same premises during the same license year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 16c - Licenses for Premises Located Near Schools or Churches

Section 16C. Premises, except those of an innholder and except such parts of buildings as are located ten or more floors above street level, located within a radius of five hundred feet of a school or church shall not be licensed for the sale of alcoholic beverages unless the local licensing authority determines in writing and after a hearing that the premises are not detrimental to the educational and spiritual activities of said school or church; but this provision shall not apply to the transfer of a license from premises located within said distance to other premises located therein, if it is transferred to a location not less remote from the nearest school or church than its former location. Any applicant who has been denied a license under this section shall have the right to an appeal under section sixty-seven.
In this section a church shall mean a church or synagogue building dedicated to divine worship and in regular use for that purpose, but not a chapel occupying a minor portion of a building primarily devoted to other uses, and a school shall mean an elementary or secondary school, public or private, giving not less than the minimum instruction and training required by chapter seventy-one to children of compulsory school age. This section shall not apply to an extension of licensed premises provided said extension does not exceed fifty feet.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 17a - Grant of Additional Licenses for Sale of Alcoholic Beverages Drunk on Premises

Section 17A. In any city or town which accepts the provisions of this section, a local licensing authority which granted seasonal all alcoholic beverage or wine and malt beverage licenses as set forth in section twelve, on or before June thirtieth, nineteen hundred and eighty-four, is hereby authorized to grant, in addition to, the number of licenses which may be issued pursuant to section seventeen, but subject to all other provisions of this chapter, additional all alcoholic beverage licenses at a rate of one such all alcoholic beverage license per year; provided, however, that said additional licenses shall be granted only to holders of said seasonal licenses; provided, further, that the holder of said seasonal license surrenders such license; and provided, further, that the total number of seasonal licenses that the local licensing authority may issue pursuant to said section seventeen shall be reduced by one for each new license issued.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 17b - Grant of Additional Licenses for Sale of Alcoholic Beverages Drunk Off Premises

Section 17B. In any city or town which accepts the provisions of this section, a local licensing authority which granted seasonal all alcoholic beverage or wine and malt beverage licenses as set forth in section fifteen, on or before June thirtieth, nineteen hundred and eighty-four, is hereby authorized to grant, in addition to, the number of licenses which may be issued pursuant to section seventeen, but subject to all other provisions of this chapter, additional all alcoholic beverage licenses at a rate of one such all alcoholic beverage license per year; provided, however, that said additional licenses shall be granted only to holders of said seasonal licenses; provided, further, that the holder of said seasonal license surrenders such license; and provided, further, that the total number of seasonal licenses that the local licensing authority may issue pursuant to said section seventeen shall be reduced by one for each new license issued.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 17c - Grant of Additional Licenses Under Former Law for Sale of Alcoholic Beverages Drunk on Premises

Section 17C. Any city or town, which has accepted the provisions of section seventeen A of chapter one hundred and thirty-eight of the General Laws, as appearing in section two of chapter three hundred and seventy-seven of the acts of nineteen hundred and seventy-eight, prior to January first, nineteen hundred and eighty-five, is hereby authorized to grant, in addition to and irrespective of any limitations of the number of licenses contained in section seventeen, additional licenses under section twelve but subject to all other provisions 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 18a - Licenses for Agents or Brokers of Foreign Manufacturers and Importers; Records; Fees

Section 18A. The commission may issue to any individual who is both a citizen and resident of the commonwealth, or to any partnership composed solely of such individuals, or to any corporation organized under the laws of the commonwealth or organized under the laws of any other state of the United States or of any foreign country and admitted to do business in the commonwealth or to a limited liability company or a limited liability partnership 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, 18, 19, 19B and 19C, a license which shall authorize the licensee to act as agent, broker or solicitor for any specified individual, corporation or partnership in another state or foreign country engaged in the business of manufacturing, importing or selling alcoholic beverages, hereinafter called the principal, and, on behalf of such principal, to solicit orders for such beverages from holders of licenses under section eighteen only. A license granted hereunder shall authorize representation of one principal only, but the licensee may also, in the discretion of the commission, be licensed hereunder to represent other principals. No licensee hereunder shall buy or sell alcoholic beverages for his own account, and no such beverages shall be brought into the commonwealth in pursuance of the exercise of such a license otherwise than through a licensee under said section eighteen.
Licensees hereunder shall keep such records as the commission may require, which shall be open to inspection by its investigators at any reasonable time.
The annual license fee for each license issued under this section shall be $5,000; provided, however, that for any licensee who represents more than 1 principal, the license fee shall be $500 for each principal more than 1; and provided further, that there shall be a cap on the fees paid to represent multiple principals of $6,500.
Whoever acts as aforesaid as such agent, broker or solicitor without being licensed so to do hereunder, or whoever being so licensed violates any provision of this section or of any condition or stipulation in his license, shall be subject to the penalties prescribed by section two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 18b - Issuance of Certificates of Compliance to Licensees Authorized to Export or Sell Alcoholic Beverages to Domestic Licensees; Information Concerning Shipments; Issuance of Certificates to Immediate Family; Cancellation and Revocation of Certificates

Section 18B. The commission shall issue a certificate of compliance to a licensee having a place of business located, and a license granted, outside the commonwealth and whose license authorizes the exportation or sale of alcoholic beverages to licensees in this commonwealth; provided, that such certificate shall be issued upon the condition that the holder shall furnish from time to time as the commission may require, but in no event more often than once each month, information concerning all shipments or sales of alcoholic beverages made by him to licensees in this commonwealth, and that he comply with the provisions of this chapter and any rules or regulations made under authority contained therein which pertain to a licensee of the same class, type or character, doing business in this commonwealth under a license issued by the commission. The commission may suspend, cancel or revoke any certificate issued hereunder for a violation of the terms or conditions thereof. All certificates shall be issued to expire December thirty-first of the year of issuance and the fee therefor shall be no less than $200.
No person who holds a certificate under this section shall hold or be granted a license under section eighteen. A person shall be deemed to hold a certificate under this section and a license under section eighteen if such person or any member of his immediate family holds such a certificate and license. As used in this section the words ''immediate family'' shall include the certificate holder and his spouse and their parents, children, brothers and sisters.
Violation of the provisions of this section shall be cause for the revocation of all certificates and licenses held by the certificate holder and his immediate family.
In the case of a corporate certificate holder or licensee any person or his immediate family who owns more than ten per cent of the stock of such corporation shall be deemed to be the certificate holder or licensee 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 18c - License to Import Alcoholic Beverages in Connection With Manufacture of Food Products; Fees

Section 18C. (a) The commission may issue to an individual who is both a citizen and resident of the commonwealth or to a corporation organized under the laws of the commonwealth whose directors are all citizens of the United States and a majority of them residents of the commonwealth, or to a limited liability company or limited liability partnership organized under the laws of the commonwealth whose members are all citizens of the United States and a majority of them residents of the commonwealth, a license to import alcoholic beverages into the commonwealth for use only in connection with the manufacture of food products, including ice cream. Nothing in this section shall authorize the holder of an importer's license issued under this section to sell alcoholic beverages as he is licensed to import only, or to export alcoholic beverages from the commonwealth into any other state or into a foreign country. A vote in a city or town pursuant to section 11 shall not prevent the granting or renewal of a license under this section. All alcoholic beverages purchased by a licensee under this section, and all alcoholic beverages shipped into the commonwealth pursuant to any such purchase, shall be warehoused at the warehouse facilities of the licensee and held in his physical possession at the warehouse. An importer under this section shall keep such records as the commission may prescribe and shall file with the commission, as often as it may require, duplicates or copies of those records. The commission shall have, at all times through its designated officers or agents, access to all books, records and other documents of each licensed importer relating to the licensee's importer business.
(b) The annual license fee for each importer under this section shall be computed based on the gallonage imported by the importer as follows:
5000 gallons or less per year: $22 per year
More than 5000 gallons but not more than 20,000 gallons per year: $44 per year
More than 20,000 gallons but not more than 100,000 gallons per year: $82 per year
More than 100,000 gallons but not more than 200,000 gallons per year: $110 per year
More than 200,000 gallons but not more than 1,000,000 gallons per year: $110 per year
Each additional 1,000,000 gallons per year: $111 per year.
(c) An applicant for an importer license under this section shall, at the time of filing an application, pay a fee based on a reasonable estimate of the amount of alcoholic beverages to be imported during the year covered by the license. A person holding an importer license under this section shall report annually at the end of the year covered by the license the amount of alcoholic beverages imported during that year. If the total amount actually imported exceeds the estimated amount on which the fee was based, the licensee shall pay an additional fee based on the excess.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 19a - Permits for Salesmen to Solicit Orders for Alcoholic Beverages

Section 19A. The commission may annually grant to individual citizens of the commonwealth employed as salesmen for licensees under section 18, 18A, 19B, 19C or 19D and to any individual employed as a salesman for a licensee under section eighteen who is also an officer, shareholder or partner of such licensee, permits which shall authorize such salesmen on behalf of their employers to solicit orders for alcoholic beverages from any licensee under this chapter to whom their employers are authorized to sell such beverages, and the fee for each such permit shall be $200. The commission may make and enforce rules and regulations covering the granting of permits under this section and regulating the exercise of the authority granted under such permits.
Whoever acts as salesman as aforesaid without having a permit hereunder, or whoever having such a permit violates any provision of this section or of any condition or stipulation of his permit, shall be subject to the penalties prescribed by section two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 19h - License to Sell for On-Premises Consumption Alcoholic Beverages Produced by Person Holding Sec. 19b, 19c or 19e License

Section 19H. Notwithstanding section 17, a local licensing authority, subject to the approval of the commission, may grant a license under this section to any person that holds any combination of a farmer-winery license under section 19B, a farmer-brewery license under section 19C or a farmer-distillery license under section 19E, may be granted a license under this section to sell, for on-premises consumption, any alcoholic beverages produced by its said section 19B, 19C or 19E license or produced for the said section 19B, 19C or 19E licensee and sold under the licensee's brand name, on any of its premises licensed under said section 19B, 19C or 19E, and on the grounds of the farm operated as appurtenant and contiguous to, and in conjunction with, such premises; provided, however, that these premises are operated appurtenant and contiguous to each other.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 20 - Storage Permits; Special Warehouse Permits; Special Seasonal Permits; Fees; Rules and Regulations

The commission may grant to any holder of a manufacturer's, farmer-winery, farmer-brewery or wholesaler's and importer's license under this chapter a permit to store in any city or town those alcoholic beverages which the licensees are authorized to manufacture, produce or sell; but there shall not be granted to the manufacturer, farmer-winery, farmer-brewery, or wholesaler and importer, in the aggregate, more than 3 permits in the commonwealth. A permit so granted to the holder of the license shall authorize him to deliver the beverages from any place of storage for which he has a permit upon orders, which need not be in writing, received by him at the premises covered by his manufacturer's, farmer-winery, farmer-brewery or wholesaler's and importer's license and transmitted to the place of storage covered by the permit. The commission may establish annual fees thereof not exceeding $2,000 for any 1 permit.
Special warehouse permits may be granted by the commission for the storage of alcoholic beverages in a duly licensed bonded warehouse. A special permit so granted shall authorize the holder thereof to transfer the beverages between any premises for which he has such special permit and any premises covered by his manufacturer's, farmer-winery, farmer-brewery or wholesaler's and importer's license. The fee for a special permit shall be not less than $125 nor more than $1,000.
Special seasonal permits may be granted by the commission upon payment of a fee of $500 for each such permit, which shall authorize any licensee under section 18 or 19 to store malt beverages in the same city or town in which their licensed premises are located; but the storage shall be in a place properly equipped for the refrigeration of malt beverages and that the authorization shall be effective only for the period between April first and October thirty-first in any year.
An innholder licensed under chapter one hundred and forty and section twelve of chapter one hundred and thirty-eight is hereby permitted under this section to store wines in a licensed and bonded warehouse. Said licensee shall only be permitted to use the hereinabove described stored wines on such licensee's premises in the normal course of business and such wines shall not be for resale to other establishments licensed under this chapter.
Nothing in this section shall be deemed to authorize the transportation of alcoholic beverages in any vehicle not covered by a permit issued under section twenty-two.
No vote in any city or town under section eleven shall prevent the renewal of any permit under this section.
The commission may make and enforce rules and regulations covering the storage of alcoholic beverages under permits granted 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 20a - Storage Permits for Public Warehousemen

Section 20A. The commission may annually grant to a person or corporation licensed as a public warehouseman under section one of chapter one hundred and five, or corresponding provisions of earlier laws, a permit to store and warehouse alcoholic beverages, subject, however, to such regulations as shall be made by the commissioner of revenue relative to the receipt, storage and removal of alcoholic beverages stored under authority of such a permit, and said commissioner of revenue is hereby empowered to make, amend or annul such regulations and the commissioner of revenue shall enforce the same. The fee for such a permit shall be $500. Whoever without such a permit receives alcoholic beverages for the purpose of storing and warehousing the same in a public warehouse shall be subject to the penalties prescribed in section two.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 22a - Permits to Holders or Former Holders of Licenses Authorizing Sales to Licensees; Fees; Excises; Permits for Researchers

Section 22A. Upon payment of a fee to be fixed by the commission in each case and subject to such terms and conditions as it may prescribe, it may grant any permit referred to in section two or may grant to any holder or former holder of a license issued by the local licensing authorities who ceases for any reason to conduct the licensed business, or to any suitable individual on his behalf, a permit which shall authorize the holder thereof to sell to any licensee under this chapter any alcoholic beverages the sale of which is or was authorized under his license or former license, or may grant to any person, resident of the commonwealth, lawfully possessing any such beverages a permit which shall authorize him to sell such alcoholic beverages to any licensee under this chapter, or may grant to any individual a permit which shall authorize him to import any alcoholic beverages specified therein which are acquired otherwise than by purchase and are not intended for sale. No fee shall be fixed by the commission and no excise shall be paid to the commonwealth in any case where a charitable hospital is granted a permit to import alcoholic beverages which are acquired otherwise than by purchase and are not intended for sale.
Upon payment of a fee to be fixed by the commission in each case and subject to such terms and conditions as it may prescribe, it may grant to any suitable individual a permit which shall authorize such individual to accept delivery from a licensee lawfully possessing an alcoholic beverage specified therein which is acquired otherwise than by purchase and not intended for sale. The holder of a permit issued under this paragraph shall use any such alcoholic beverage specified therein solely for research related to consumer consumption of an item having a brand name. Such permit may, in the discretion of the commission, authorize delivery of alcoholic beverages to be consumed on the premises where the research is conducted or off the premises where the research is to be conducted.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 23a - Suspension of License or Permit for Violation of Fair Trade Laws

Section 23A. Whenever the commission makes a finding that a holder of a license or permit issued under this chapter has violated any of the provisions of sections fourteen E to fourteen K, inclusive, of chapter ninety-three, the commission, for the first violation shall suspend such license or permit for a period of six days and shall, for the second violation, suspend such license or permit for a period of fifteen days, and shall, for the third and subsequent violation, suspend such license or permit for a period of thirty days. The commission may determine whether such a violation has taken place upon evidence secured by its own inspectors, investigators or agents, or from evidence submitted to it by any person or trade organization, or both. In investigating any violation by a licensee, the commission shall endeavor to avoid duplicating similar investigations by local licensing authorities.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 23b - Retention of License Where Premises of Licensee Taken by Public Authority; Transfer Application; Reservation of License; Rebate of Fee; Renewal Application

Section 23B. Any holder of a license issued under this chapter to do business on certain premises which are subsequently taken by public authority and who is required to remove his business from such premises shall not thereby be deprived of his license. Such licensee may apply to the local licensing authorities for a transfer of the license to another location, and in the event that a suitable location is not available which is approved by the licensing authorities, said license shall be reserved for the licensee until such time as a suitable location is approved, but in no event shall such license be reserved for a period longer than four years from the date the premises are actually vacated by the owner, or the date said authority actually takes possession of the premises, whichever period is longer. Licensees in this classification shall be entitled to a rebate of the fee which has been prepaid for that period during which they are prevented from exercising said license, and the rebate shall be pro-rated in accordance with the local licensing fees, and such licensees who have not been able to obtain an approved location at the end of a license year shall have the right to renewal of said license upon the filing of a renewal application and upon the payment of one tenth of the local license fee. When such licensee shall have obtained an approved location, the license fee shall be paid for the balance of the year on a pro-rata basis.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 24 - Promulgation of Regulations by Commission; Approval

Section 24. The commission shall, in accordance with chapter thirty A and with the approval of the treasurer, make regulations not inconsistent with the provisions of this chapter for clarifying, carrying out, enforcing and preventing violation of, all and any of its provisions for inspection of the premises and method of carrying on the business of any licensee, for insuring the purity, and penalizing the adulteration, or in any way changing the quality or content, of any alcoholic beverage, for the proper and orderly conduct of the licensed business, for establishing maximum prices chargeable by licensees under this chapter, and regulating all advertising of alcoholic beverages, except such advertising as appears in publications which are circulated to the liquor trade and not to the general public, or such advertising wherein licensees jointly or cooperatively advertise product prices; provided, however, that the number of licensees participating in any such advertisement shall not exceed seven, and shall, with like approval, make regulations governing the labelling of packages of alcoholic beverages as to their ingredients and the respective quantities thereof.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 25a - Discrimination in Prices and Discounts Prohibited

Section 25A. No licensee authorized under this chapter to sell alcoholic beverages to wholesalers or retailers shall—
(a) Discriminate, directly or indirectly, in price, in discounts for time of payment or in discounts on quantity of merchandise sold, between one wholesaler and another wholesaler, or between one retailer and another retailer purchasing alcoholic beverages bearing the same brand or trade name and of like age and quality;
[There is no clause (b).]
All price lists or price quotations made to a licensee by a wholesaler shall remain in effect for at least thirty days after the establishment of such price list or quotation. Any sale by a wholesaler of any alcoholic beverages at prices lower than the price reflected in such price list or quotation within such thirty day period shall constitute price discrimination 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 25b - Filing of Schedules; Inspection

Section 25B. (a) No brand of alcoholic beverages shall be sold within the commonwealth to a wholesaler unless schedules, as provided by this section, are filed with the commission and are then in effect.
(b) Each of the schedules hereinafter referred to shall be in writing, duly verified, and filed in the number of copies and form as required by the commission, and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the bottle and case price to wholesalers, which prices shall be individual for each item and not in ''combination'' with any other item, and the number of bottles contained in each case.
(c) The schedule containing the bottle and case price to wholesalers shall be filed by (1) the owner of such brand, or (2) a wholesaler selling such brand and who is designated as agent for the purpose of filing such schedule if the owner of the brand is not licensed by the commission, or (3) with the approval of the commission, by a wholesaler, in the event that the owner of the brand is unable to file a schedule or designate an agent for such purpose.
(d) Each such schedule shall be filed on or before the tenth day of the month on a date to be fixed by the commission, and the prices and discounts therein set forth shall become effective on the first day of the calendar month following the filing thereof and shall be in effect for such calendar month and from month to month thereafter until such time as a new or amended schedule is filed and becomes effective hereunder. No brand of alcoholic beverages shall be sold to any wholesaler except at the price then in effect unless written permission of the commission is granted for good cause shown and for reasons not inconsistent with the purpose of this chapter.
All schedules filed pursuant to this section shall be subject to public inspection and shall not be considered confidential.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 25e - Refusal to Sell Brand Name Alcoholic Beverages to Wholesalers as Unfair Trade Practice; Exception for Good Cause; Discontinuance Notice and Procedure

Section 25E. It shall be an unfair trade practice and therefor unlawful for any manufacturer, winegrower, farmer-brewer, importer or wholesaler of any alcoholic beverages, to refuse to sell, except for good cause shown, any item having a brand name to any licensed wholesaler to whom such manufacturer, winegrower, farmer-brewer, importer or wholesaler has made regular sales of such brand item during a period of six months preceding any refusal to sell.
Any manufacturer, importer or wholesaler shall forward a notice in writing to the wholesaler, to whom it has sold any brand item, prior to discontinuing sales to such wholesaler of such brand item and shall forward a copy of said notice to the commission. The notice of discontinuance of sale shall be furnished by the manufacturer, importer or wholesaler to the wholesaler being discontinued at least one hundred and twenty days before the effective date of such discontinuance. The notice shall state the specific grounds for such discontinuance. Either party may appeal to the commission for a hearing on the notice of discontinuance and the commission shall make a determination after hearing on the issue of good cause for discontinuance. Upon application by the wholesaler to the commission, the commission shall order the manufacturer, importer or wholesaler giving notice of refusal to sell to continue to make sales in the regular course to such wholesaler pending determination by the commission on the merits of said appeal. The commission shall after notice to all parties and hearing, make a determination on the issue of good cause and grant such relief as may be appropriate under the circumstances. Good cause as used herein shall be limited to the following conduct:
(a) disparagement of the product so as to impair the reputation of the brand owner or the brand name of any product,
(b) unfair preferment in sales effort for brand items of a competitor,
(c) failure to exercise best efforts in promoting the sale of any brand item,
(d) engaging in improper or proscribed trade practices, or
(e) failure to comply with the terms of sale agreed upon between supplier and wholesaler.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 25e3/4 - Severability of Section 25e1/2

Section 25E3/4. Notwithstanding section 6 of chapter 4 of the General Laws, the provisions of section 25E1/2 shall not be severable. If any provision of said section 25E1/2 shall be adjudged unconstitutional or invalid said section 25E1/2 shall be invalid.
If any other provision of this chapter, or its application to any person or circumstance, is adjudged unconstitutional or invalid, the remaining provisions shall be construed in accordance with the intent of the general court to further limit rather than to expand commerce in alcoholic beverages, to enhance strict regulatory control over taxation, distribution and sale of alcoholic beverages through the regulatory system imposed by this chapter upon beer and malt beverages.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XX - Public Safety and Good Order › Chapter 138 - Alcoholic Liquors › Section 26 - Issuance of License and Permit to Aliens; Appointment of Local Manager or Principal Representative by Foreign Corporations

Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle permit for the transportation thereof shall be issued to any person who is not, at the time of his application therefor, a citizen of the United States, or to any agent of any such person, or to any corporation a majority of whose directors are in fact aliens, and no person not such a citizen shall be appointed as manager or other principal representative of any licensee; provided, that nothing herein shall prevent the granting of a license under section eighteen A to any corporation organized under the laws of a foreign country or the granting of a vehicle permit to such a corporation so licensed.
No corporation, organized under the laws of the commonwealth or of any other state or foreign country, shall be given a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, in such manner as the licensing authorities by regulation prescribe, as manager or other principal representative, a citizen of the United States, and shall have vested in him by properly authorized and executed written delegation as full authority and control of the premises, described in the license of such corporation, and of the conduct of all business therein relative to alcoholic beverages as the licensee itself could in any way have and exercise if it were a natural person resident in the commonwealth, nor unless such manager or representative is, with respect to his character, satisfactory to the licensing authorities.
No provision of this chapter shall impair any right growing out of any treaty to which the United States is a party.