reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.08 - Determination of Label Acceptability

Current through Register 1525, July 5, 2024
All unit price labels and alternative display methods as allowed for in 202CMR5.03, priorto their display in retail establishments, must be approved by the Director of Standards in order to ensure accord with the stipulations laid out in 202 CMR 5.00. The Director of Standards will render a decision within four weeks of receipt of the label or alternative method of display. In reaching a decision, the Director of Standards shall take into consideration, but will be limited to, the prominence of the unit price segment of the label, the boldness of the figures which must be clearly and conspicuously printed and the overall design of the label.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.09 - Severability Provision

Current through Register 1525, July 5, 2024
If any section or portion of a section of 202 CMR 5.00, or the applicability there of to any person or circumstances is held invalid by a court, the remainder of 202 CMR 5.00, or the applicability of such provision to other persons or circumstances, shall not be affected thereby.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 5.00 - Unit Pricing And Automated Retail Checkout Systems › Section 5.10 - Inspection of Automated Retail Checkout Systems

Current through Register 1525, July 5, 2024
(1)
Scope
. The examination procedures set out in 202 CMR 5.10(2) shall be used by the director of the Division of Standards or his inspectors and sealers and inspectors of weights and measures and their deputies for all examinations required by M.G.L. c. 98, § 56D.
(2)
Examination Procedures
. Pursuant to M.G.L. c. 98, § 56D, the Division of Standards adopts "National Conference on Weights and Measures Publication 19, Examination Procedure for Price Verification October 1996 Edition," as the rules and regulations of the Division of Standards regarding the procedures for examining automated retail checkout systems. The address for the National Conference on Weights and Measures is: 15245 Shady Grove Road, Suite 130, Rock ville, MD 20850.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.02 - Minimum Standards and Qualifications

Current through Register 1525, July 5, 2024
An applicant for a Certificate of Qualification as a Weights and Measures Official must possess the following minimum qualifications in order to be eligible for certification:
(1) The applicant is 18 years of age or over;
(2) The applicant has a high school diploma or its equivalent;
(3) The applicant has achieved a passing grade on the certification examination prescribed by the Committee or has a Civil Service examination exemption; and
(4) The applicant is of good moral character
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.03 - Application for Certification

Current through Register 1525, July 5, 2024
(1)
Certification Application
. Application for a Certificate of Qualification as a Weights and Measures Official shall be made on a form provided by the Committee. Said application form shall be filled out completely and shall be accompanied by the following:
(a) Official transcripts, or other official documentation satisfactory to the Committee, verifying that the applicant meets the educational requirements specified in 202 CMR 6.02;
(b) Written documentation satisfactory to the Committee, verifying that the applicant meets the Civil Service exemption specified in 202 CMR 6.02(3), if applicable,
(c) An identifying photograph; and
(d) Any and all additional documentation which may be requested in writing by the Committee.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.04 - Examination and Civil Service Certification

Current through Register 1525, July 5, 2024
(1)
Certification Application
. An applicant for a Certificate of Qualification as a Weights and Measures Official shall be required to pass an examination as determined by the Committee, which may include, but not be limited to, a written or computerized part to the examination and a performance part to the examination.
(2)
Examination Content
. Examinations shall be given at least once a year, and shall be conducted in the English language. The examination shall include such subjects as the Committee may direct. The content of said examination shall be reasonable and appropriate to the duties and functions of a Weights and Measures Official, and shall be sufficiently thorough to test the applicant's fitness to perform those duties and functions. Appropriate modifications may be made for applicants with disabilities or special needs, as determined by the Committee.
(3)
Notice to Appear
. Applicants shall be given advance written notice as to when and where to appear for the examination or any part of the examination.
(4)
Applicant Misconduct
. Applicants who engage in the conduct described in 202 CMR 6.04(a) through (c) shall have their examination materials confiscated, shall be denied permission to complete the examination and shall be required to leave the examination site:
(a) Removing test materials from the examination room; reproducing in any manner or aiding in the reproduction of test materials; selling, distributing, buying or having unauthorized possession of test materials;
(b) Communicating with any other examinee during the exam; or copying answers or permitting answers to be copied; or having in one's possession, during the examination, any material other than the examination materials; or failure to obey instructions to stop working; or starting the examination prior to being authorized to do so;
(c) Falsifying or misrepresenting educational credentials or other information required for admission to the exam; having another person take the exam on one's behalf.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.05 - Division of Standards Certification of Officials for Additional Disciplines

Current through Register 1525, July 5, 2024
(1)
Certification for Additional Disciplines
. In addition to the receipt of a Certificate of Qualification from the Committee pursuant to 202 CMR 6.00, all Weights and Measures Officials who are required to certify devices or conduct inspections in any of the following weights and measures disciplines shall be certified by the Division of Standards:
(a) unit pricing, conducted pursuant to M.G.L. c. 6, § 115A;
(b) item pricing, conducted pursuant to M.G.L. c. 94, § 184C and 184D;
(c) price verification, conducted pursuant to M.G.L. c. 98, § 56D;
(d) package and label checking, conducted pursuant to 202 CMR 3.00;
(e) taximeters, conducted pursuant to M.G.L. c. 98, § 45;
(f) vehicle tank meters, conducted pursuant to 202 CMR 2.00 and the National Institute of Standards and Technology Handbook 44;
(g) scales with a capacity greater than 100 pounds; and
(h) motor fuel sales act compliance, M.G.L. c. 94, § 295(a) through (k);
(i) home heating oil inspections, M.G.L. c. 94, § 303F;
(j) any other discipline approved by the Certification Committee
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.06 - Grounds for Disciplinary Action

Current through Register 1525, July 5, 2024
The Committee may, by a majority vote, and after a hearing conducted in accordance with M.G.L. c. 30A and 801 CMR 1.00
et seq.,
take Disciplinary Action against the Certificate of Qualification or other certification of a certified Weights and Measures Official. Grounds for such Disciplinary Action include, but are not limited to, the following:
(1)
Criminal Conviction
. Conviction of any criminal offense related to the practice of his/her profession;
(2)
Fraud in Certification
. Obtaining or attempting to obtain a certificate of certification by fraud, deceit, misrepresentation or the use of false or forged evidence of any kind, including but not limited to falsification of reports of continuing education courses, seminars, workshops or contact hours;
(3)
Incapacity
. Lack of fitness to practice by reason of incapacitation due to mental impairment;
(4)
Fraud in Practice
. Fraud or deceit in the course of his/her professional practice as a Weights and Measures Official;
(5)
Negligence
. Negligence in the performance of his/her professional duties as a Weights and Measures Official;
(6)
Inadequate Continuing Education
. Failure to meet the continuing education requirements set out in 202 CMR 6.07, 6.08, and 6.09;
(7)
Practical Examination Failure
. Failure to meet any practical examination administered by the Division of Standards or the Committee;
(8)
Practicing Without Certification
. Practicing in a weights and measures discipline listed in 202 CMR 6.05(1)  without certification by the Division of Standards; or
(9)
Misconduct
. Any other form of misconduct in the practice of his or her profession.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.07 - Establishment of Continuing Education Requirements

Current through Register 1525, July 5, 2024
(1)
Required Hours of Continuing Education
. A certified Weights and Measures Official with less than ten years of certified experience shall complete 3.0 continuing education units, or 30 contact hours, of continuing education every two years and more than ten years 2.0 continuing education units, or 20 contact hours.
(2)
Attestation Requirement
. A certified Weights and Measures Official shall attest under penalty of perjury that he/she has completed the number of continuing education units required by 202 CMR 6.07(1). Such attestation shall be made on a form prescribed and provided by the Committee.
(3)
Extenuating Circumstance Extensions
. The Committee may grant an extension of the time for completion of such continuing education to a certified Weights and Measures Official upon submission by the registrant of satisfactory proof of extenuating circumstances.
(4)
Good Faith Extensions
. If a particular continuing education activity is undertaken by a certified Weights and Measures Official in good faith, but the continuing education credit for that activity is denied or disapproved by the Committee, the certified Weights and Measures Official so affected shall be given one year from the date of the Committee's decision to correct the deficiency. Verification of completion of an acceptable substitute activity shall be submitted to the Committee within 60 days of its completion.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.08 - Standards for Continuing Education

Current through Register 1525, July 5, 2024
202 CMR 6.08(1) through (3) are intended to assist a certified Weights and Measures Official in selecting appropriate continuing education activities. The overriding consideration in determining whether a particular continuing education activity qualifies for credit is whether it is an activity which contributes directly to the professional competence of a certified Weights and Measures Official.
(1)
Acceptable Subject Matter
- Appropriate subject matter for continuing education purposes shall include, but shall not be limited to, one or more of the following:
(a) unit pricing, conducted pursuant to M.G.L. c. 6, § 115A;
(b) item pricing, conducted pursuant to M.G.L. c. 94, § 184C and 184D;
(c) price verification, conducted pursuant to M.G.L. c. 98, § 56D;
(d) package and label checking, conducted pursuant to 202 CMR 3.00;
(e) taximeters, conducted pursuant to M.G.L. c. 98, § 45;
(f) vehicle tank meters, conducted pursuant to 202 CMR 2.00 and Handbook 44;
(g) scales with a weight capacity greater than 100 pounds;
(h) motor fuel sales act, M.G.L. c. 94, § 265(a) through (k);
(i) motor fuel dispensers
(j) small capacity scales with a weight capacity of 100 pounds or less.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.09 - Verification of Continuing Education

Current through Register 1525, July 5, 2024
(1)
Committee Information Requests
. Upon written request by the Committee, a certified Weights and Measures Official shall furnish to the Committee such information as the Committee may require about any course, program, lecture, workshop, conference, book, article or other publication for which that certified Weights and Measures Official claims continuing education credit. Such information shall be submitted on a form prescribed and provided by the Committee, and shall include, but shall not necessarily be limited to, the information required by 202 CMR 6.09(2) or (3), whichever applies.
(2)
Verification Documents
. A certified Weights and Measures Official who is requested to submit verification of a qualifying course, program, lecture, workshop or conference shall submit a written statement (or photocopy) which shall include the following information:
(a) The name of the recognized entity which conducted or sponsored the course, program, lecture, workshop or conference;
(b) The location of the course, program, lecture, workshop or conference;
(c) The title and authorized number of the course, program, lecture, workshop or conference;
(d) The date or dates of attendance;
(e) The copy of any certificate issued in relation to any course, program, lecture, workshop, or conference;
(f) The number of contact hours completed;
(g) The name and signature of the registrant;
(h) The name and signature of an authorized representative of the recognized entity providing or sponsoring the activity; and
(i) Such other information as the Committee may reasonably require.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.10 - Notice to Consumers

Current through Register 1525, July 5, 2024
(1)
Display Requirements - Stores of 3000 Square Feet or More of Sales Area
. Every retail establishment that has a Sales Area of 3,000 square feet or more shall display a consumer notice on how a consumer may contact the Division of Standards or a local weights and measures official. Such notice shall be as follows:
(a)
Layout
. The notice shall be 8½" wide by 11" long.
(b)
Content
. Subject to the exception set out in 202 CMR 6.10(1)(d), the notice shall contain the following information, in the form, color and size lettering as Consumer and Merchant Protection Act Committee Form 1, available at the Division of Standards, One Ashburton Street, Room 1115, Boston, MA 02108:
COMMONWEALTH OF MASSACHUSETTS
OFFICE OF CONSUMER AFFAIRS AND BUSINESS REGULATION
DIVISION OF STANDARDS
IMPORTANT CONSUMER NOTICE!
DO YOU HAVE A PRICE ACCURACY QUESTION
OR A QUESTION REGARDING
SCANNER OVERCHARGE
UNIT PRICING
INSUFFICIENT WEIGHT OR MEASURE
OR
WEIGHTS AND MEASURES ISSUES?
PLEASE CONTACT
THE DIVISION OF STANDARDS
ONE ASHBURTON PLACE
BOSTON, MA 02108
CALL TOLL FREE 1-888-283-3757
FAX 617-727-5705
OR E-MAIL
ask@consumer.com
(c)
Display Area.
1. The notice shall be posted in a clear and conspicuous place in each retail establishment at each customer service area.
2. If a retail store does not have a customer service area, the notice shall be posted in a clear and conspicuous place at each store exit.
3. If a retail store is located within a mall building, the notice shall be posted at every mall building exit. This posting requirement for retail stores in a mall building shall substitute for any notice otherwise required by 202 CMR 6.10(1) and (2).
4. Nothing shall obstruct the view to consumers of any notice required by 202 CMR 6.00.
(d)
Local Jurisdiction Exception
.
1. Upon the approval of the Director, a local Weights and Measures Official may require all retail stores within the official's approved jurisdiction to display a substitute notice containing all the information specified under 202 CMR 6.10(2)(b) except for the contact information, which shall be replaced by the contact information of the local Weights and Measures Official.
2. Upon said approval, such local weights and measures official shall provide an alternate form meeting the requirements of 202 CMR 6.10(2)(a) to all retail stores in its approved jurisdiction.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.11 - Enforcement of Notice Requirement

Current through Register 1525, July 5, 2024
(1)
Fines
. Any retail store that fails to comply with the provisions of 202 CMR 6.10 are subject to a fine not exceeding, for the first offense, $100 and, for the second or subsequent offense, a fine not exceeding $500, or shall be subject to a civil citation as provided in M.G.L. c. 98, § 29A.
(2)
Mall Building Fines
. Each retail establishment in a mall building may be fined for any mall building which is not in compliance with the notice requirements set out in 202 CMR 6.10(1)(c)3.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 6.00 - Consumer And Merchant Protection Act Committee › Section 6.12 - Advisory Opinions, Alternative Notices, and Waiver

Current through Register 1525, July 5, 2024
(1)
Advisory Opinions
. The Division of Standards may, in its sole discretion, issue advisory opinions regarding issues arising during the enforcement of 202 CMR 6.00.
(2)
Alternative Notices and Waiver Authority
. The Division of Standards may, in its sole discretion, allow a retail establishment to use an alternative method of providing the required consumer notice information and may waive any of 202 CMR 6.00, if such alternative method or waiver would be in the public interest and serve to carry out the purpose or intent of 202 CMR 6.00 and M.G.L. c. 98.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.01 - Purpose and Authority

Current through Register 1525, July 5, 2024
202 CMR 7.00 is promulgated pursuant to St. 2012, c. 138,
An Act Relative to Clear and Conspicuous Price Disclosure
and St. 2013, c. 38, §§ 82 through 85. The purpose of 202 CMR 7.00 is to clarify and implement statutory amendments to M.G.L. c. 94, §§ 184B through 184E, and M.G.L. c. 98, § 56D, and to establish standards for price disclosure in food stores and food departments and the process for waiver from individual item pricing in food stores or food departments utilizing a consumer price scanner system.
The provisions of 202 CMR 7.00 are severable, and should any provision be declared invalid, such invalidity shall not affect other provisions of 202 CMR 7.00.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.03 - Individual Item Pricing

Current through Register 1525, July 5, 2024
(1) The correct price of an item offered for sale by a food store or food department shall be disclosed to consumers in a clear and conspicuous manner. For those food stores and food departments utilizing an individual item pricing system:
(a) Prices for the same item shall be consistent with each other and the correct price;
(b) The correct price shall be affixed to each unit or item in a clear and conspicuous manner by means of a sticker;
(c) The correct display price shelf tag, which shall be not less than one inch high for each separate SKU or separately-coded item that is exempt from item pricing, must be posted in close proximity to the item(s) offered for sale; and
(d) The numbers indicating the price of the item on the display price shelf tag shall be at least ½" high.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.04 - Waiver

Current through Register 1525, July 5, 2024
(1) Each food store or food department seeking to convert from an individual item pricing system to a consumer price scanner system shall seek a waiver from the Division, on a form to be provided by the Division.
(2) The waiver shall be granted, provided that the food store or food department has no outstanding fines under M.G.L. c. 94, §§ 184B through 184D or M.G.L. c. 98, § 56D, and pays the required fee to the Division, which shall be:
(a) $250 annually if the retail grocery item sales space is less than 15,000 square feet;
(b) $500 annually if the retail grocery item sales space is greater than or equal to 15,000 square feet but less than 30,000 square feet; or
(c) $1,000 annually if the retail grocery item sales space is 30,000 square feet or more.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.05 - Scanner Specifications

Current through Register 1525, July 5, 2024
(1) Each food store or food department with more than 5,000 square feet of retail grocery item sales space that utilizes a consumer price scanner system shall have at least one fully operational consumer price scanner for every 5,000 square feet of retail grocery item sales space or part thereof.
(2) The location of a consumer price scanner shall be disclosed by one clear and conspicuous price sign at eye level, and one clear and conspicuous sign above eye level.
(3) Consumer price scanners shall be equally spaced throughout the store in fixed locations.
(4) All consumer price scanners shall comply with 28 CFR Part 36, Appendix A:
Americans with Disabilities Act Accessibility Guidelines
and 521 CMR 7.00:
Retail Establishments
.
(5) A sign shall be posted by each consumer price scanner containing contact information for the Division of Standards so that consumers may report non-operating or otherwise defective consumer price scanners to the Division.
(6) Inoperable scanners shall be repaired or replaced as soon as is practicable, but in no event shall scanners go unrepaired or unreplaced for longer than 72 hours.
(7) A food store or food department with more than 5,000 and less than 20,000 square feet of retail grocery item sales space shall have at least one fully operational consumer price scanner capable of producing an individual item pricing tag, located at the front of the food store or food department.
(8) A food store or food department with more than 20,000 square feet of retail grocery item sales space shall provide at least two such fully operational printing scanners, with at least one located at the front of the food store or food department.
(9) At all such printing scanner locations, the food store or food department shall provide the consumer with a means by which such pricing tag may be affixed or appended to the item or its packaging, such as tape or an adhesive pricing tag.
(10) Consumer price scanners shall be deemed fully operational if:
(a) The consumer price scanner clearly and conspicuously identifies and displays the item by name or other distinguishing characteristics;
(b) The consumer price scanner displays the item's correct price when the item is scanned;
(c) In the case of a food store or food department that uses loyalty cards or otherwise maintains a dual pricing system, the consumer price scanner displays both the loyalty card price and the non-card price if they differ; and
(d) For scanners capable of producing an individual item pricing tag, the food store or food department provides the consumer with a means by which such pricing tag may be appended to the item or its packaging, such as tape or an adhesive price tag.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.07 - Lowest Price Requirements

Current through Register 1525, July 5, 2024
(1) If there is a discrepancy between the advertised price, the sticker price, the scanner price, or the display price and the checkout price on any grocery item, a food store or food department shall charge a consumer the lowest price, regardless of the pricing system employed by the food store or food department.
(2) In the case of food stores or food departments utilizing a consumer price scanner system, if the checkout price or scanner price is not the lowest price or does not reflect any qualifying discount, the seller:
(a) Shall not charge the consumer for one unit of the grocery item, if the price is $10 or less;
(b) Shall charge the consumer the lowest price less $10 for one unit of the grocery item, if the lowest price is more than $10; and
(c) Shall charge the consumer the lowest price for any additional units of the grocery item.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.08 - Sales Receipts

Current through Register 1525, July 5, 2024
(1) Items purchased at a food store or food department shall appear on an itemized sales receipt that shall be provided to the consumer, regardless of whether the food store or food department utilizes individual item pricing or a consumer price scanner system.
(2) If the consumer purchases a sale item or qualifies for a discount, including discounts granted for presenting a loyalty card, the amount saved shall be reflected in the checkout price charged. If the consumer purchases an item that qualifies for a discount granted for presenting a loyalty card, the amount saved shall both be reflected in the checkout price charged and separately listed on the consumer's itemized sales receipt.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.09 - Consumer Rights Disclosures

Current through Register 1525, July 5, 2024
(1) All food stores and food departments shall post a sign providing consumers with contact information for the Division of Standards, and notice of the rights provided in M.G.L. c. 94, §§ 184B through 184E;
(2) All food stores and food departments using consumer scanners shall post a notice at each register of the rights provided under 202 CMR 7.07;
(3) All food stores and food departments using consumer scanners shall post a notice by each consumer scanner containing the contact information for the Division of Standards;
(4) The Division of Standards will make available on its website its approved notices. Any deviation therefrom must be approved by the Director of Standards prior to its posting;
(5) The Division of Standards will also make available a consumer complaint form on its website for consumers who wish to file a complaint regarding pricing accuracy, scanner overcharging, missing price signs or malfunctioning in aisle scanners for use by consumers.
Code of Massachusetts Regulations › 202 CMR - DIVISION OF STANDARDS › Title 202 CMR 7.00 - Price Disclosure › Section 7.10 - Inspections; Violations; Penalties; Appeals

Current through Register 1525, July 5, 2024
(1) The Deputy Director or the Deputy Director's inspectors and sealers of weights and measures and those deputies, as defined in M.G.L. c. 98, § 1, shall inspect each food store or food department for compliance with M.G.L. c. 94, §§ 184B through 184E.
(2) The inspections shall be conducted pursuant to the national industry standards adopted by the National Conference on Weights and Measures of the National Institute of Standards and Technology, or any other rules or guidelines promulgated by the Division pertaining to the implementation and enforcement of M.G.L. c. 94, §§ 184B through 184E.
(3) Nothing shall inhibit the oversampling of sale items during inspections.
(4) A food store or food department shall provide the inspector with access necessary to conduct an inspection.
(5) The Deputy Director shall notify the food store or food department in writing of violations of 202 CMR 7.10 and of any fines imposed pursuant to M.G.L. c. 94, §§ 184B through 184E.
(6) Violations of M.G.L. c. 94, §§ 184B through 184E for which fines shall be levied include, but shall not be limited to:
(a) Having no price marked on a unit that is required to be price and is not exempted;
(b) Having an incorrect price on a unit;
(c) Having an incorrect or missing sign;
(d)
Overcharging on a Unit
. A unit shall be deemed to be overcharged once it is rung up at a price higher than any represented price. As in "checkout price," the price shall be the price displayed on an automated checkout system or an itemized sales receipt, regardless of whether the item is purchased or not.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.02 - Price Lists

Current through Register 1525, July 5, 2024
(1) Hotels, Restaurants, Taverns and Clubs may keep posted in each room where any alcoholic beverages are sold a price list of such beverages. Wherever a price list is posted all sales of alcoholic beverages shall be made at the prices stated on the current posted price list.
(2) No licensee shall print, post, publish or use any false or fictitious price list; nor shall any invoice given or accepted by any licensee contain any statement which falsely indicates prices, discounts, or terms of sale; nor shall there be inserted in any invoice given or accepted by any licensee any statement which makes the invoice a false record, wholly or in part, of the transaction represented therein; nor shall there be withheld from any invoice given or accepted by any licensee any statements which properly should be included therein, so that in the absence of such statements the invoice does not truly reflect the transaction involved.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.03 - Advertising

Current through Register 1525, July 5, 2024
(1) The use of any advertising matter of an improper or objectionable nature is prohibited. The use of recipe books or pamphlets for mixed drinks, which contain obscene or suggestive toasts or other offensive matter, is prohibited.
(2) No licensee shall use, or permit to be used, any advertising matter which is false or untrue in any particular. Any advertising matter which directly, or by ambiguity or omission tends to deceive or to create a misleading impression shall be deemed to be false or untrue.
(3) No signs or other printed matter advertising any brand or kind of alcoholic beverages shall be displayed on the exterior or interior of any licensed premises wherein such beverages are not regularly and usually kept for sale.
(4) No licensee shall make or permit to be made by his agent or employee, any false or misleading statement concerning any other licensee, his products, or the conduct of his business.
(5) The use of vehicles equipped with either radio or loud speakers for the advertising of alcoholic beverages is prohibited. The use of radio or loud speaker equipment in any licensed premises for the purpose of attracting attention to the sale of alcoholic beverages therein is also prohibited.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.04 - Sales

Current through Register 1525, July 5, 2024
(1) No holder of a license issued under M.G.L. c. 138, § 15 shall sell or offer to sell any alcoholic beverages at a price less than invoiced cost. Cost is defined as net cost appearing on the invoice for said alcoholic beverage. The use of any device, promotion or scheme which results in the sale of alcoholic beverages at less than invoiced cost is prohibited.
(2) Donations of alcoholic beverages by licensees for the purpose of having the same used as prizes in any game of chance are prohibited.
(3) No licensee shall buy or sell, or offer or contract to buy or sell, any alcoholic beverages on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a sale or purchase in good faith. 204 CMR 2.00 shall not prohibit the return, or acceptance of the return, of alcoholic beverages for ordinary and usual commercial reasons arising after the merchandise has been sold.
(4) No Hotel, Restaurant, Club, Tavern or "Package Goods" Store shall buy, or contract to buy, any alcoholic beverages from any Manufacturer or Wholesaler and Importer on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a sale in good faith; provided, that 204 CMR 2.00 shall not prohibit the return of alcoholic beverages for ordinary and usual commercial reasons arising after the alcoholic beverages have been purchased.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.07 - Substitution of Beverages

Current through Register 1525, July 5, 2024
The substitution of any alcoholic beverages of a kind or brand different from that ordered by a purchaser is prohibited unless it is done with the consent of the person or licensee making the purchase.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.08 - Inducements

Current through Register 1525, July 5, 2024
(1) No licensee shall directly or indirectly give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or contracting for the purchase of any particular brand or kind of alcoholic beverages.
(2) No licensee shall directly or indirectly receive or otherwise accept an inducement prohibited under 204 CMR 2.08(1).
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.09 - Monthly Reports

Current through Register 1525, July 5, 2024
All holders of Storage Permits issued under the provisions of M.G.L. c. 138, § 20 shall file monthly reports with the Commissioner of Revenue within ten days after the first day of each calendar month. These reports shall show the kinds and quantities of alcoholic beverages shipped from the premises included within the Storage Permit during the previous month. The reports shall be made on forms furnished by the Commissioner.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.10 - Liquor Purchase Identification Cards

Current through Register 1525, July 5, 2024
(204 CMR 2.10, governing liquor purchase identification cards in accordance with the provisions of M.G.L. c. 138, § 34B.)
(1)
Face Side of Card
. On the face side of the card there shall appear an imprint of the State Seal and the language, "Commonwealth of Massachusetts" on the top line, and immediately underneath, in a bold type, the words, "Liquor Purchase Identification Card." There shall also appear in the respective spaces provided,
(a) the full and proper name of the holder,
(b) the residence,
(c) the card shall also bear an attestation by a person duly authorized by the issuing licensing authority stating that the holder "has furnished satisfactory evidence to the undersigned of having attained the age of 21 "prior to the issuance of the card. The applicant shall submit with his application either a Certificate of Birth, a Certificate of Naturalization, or a Certificate of Voter Registration (or a certified copy thereof), together with a personal photograph of 1½" x 1½" dimension,
(d) a statement of the holder's date of birth, age, and place of birth.
It is also encumbered upon the duly authorized person issuing a Liquor Purchase Identification Card to determine that the birth certificate, voting certificate or other evidence submitted as a proof of age, be carefully scrutinized and determine it to be in proper order.
The municipality wherein a card is issued shall also be indicated, as well as the date of issuance, and the holder's signature.
A photograph of the holder shall be securely attached in the area designated on the face side of the card; the size of said photograph should be approximately 1½" x 1½". (Directly under the photograph the words, "See reverse side" shall appear).
The following layout is an example of the procedure desired in the above paragraphs for the face side of the card.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.11 - Radius Measurement

Current through Register 1525, July 5, 2024
In determining for the purpose of M.G.L. c. 138, § 15A the radius between a church, school or hospital and a premises licensed or to be licensed, or for the purposes of M.G.L. c. 138, § 16C the radius between a church or school and such premises, the distance shall be measured in a straight line from the nearest point of the church, school or hospital building to the nearest point of such premises.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.15 - Commercial Clubs

Current through Register 1525, July 5, 2024
(1) A Commercial Club is a holder of a Restaurant license under M.G.L. c. 138, § 12, who has been granted written permission by the Local Licensing Authorities and the Commission to restrict admission to the licensed premises to persons who have paid an annual membership fee.
(2) A licensee may request, by application, written permission of the Local Licensing Authorities and the Commission to operate as a Commercial Club.
(3) Said application shall set forth the requirements for membership.
(4) Membership may not be denied on the basis of race, color, creed, place of national origin or sex.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.16 - Cover Charge

Current through Register 1525, July 5, 2024
(1) The posting of a "cover charge" shall be made in accordance with M.G.L. c. 140, § 183D. Said "cover charge" shall not be collected in advance of gaining entrance to the licensed premises, and can only be charged upon a written or printed receipt, permanently recorded and numbered seriatim, presented to each individual customer or group of customers. Records of such receipts shall be kept by the licensee for a period not less than two years. For the purposes of 204 CMR 2.00, the term "cover charge" shall include all admission fees or admission charges, except that the sign required to be posted under M.G.L. c. 140, § 183D shall, in the case of an admission fee or charge, be posted on the outside of the licensed premises. Nothing in 204 CMR 2.00 shall be construed to prohibit advanced ticket sales by any licensee under M.G.L. c. 138, § 12.
(2) No minimum charge for the purchase of alcoholic beverages or minimum alcoholic beverage drinking requirement shall be imposed upon any customer of a section twelve licensee. Any such licensee who charges a minimum charge for food and/or non-alcoholic beverages in accordance with the requirements of M.G.L. c. 140, § 183D shall include a specific statement in the posting required therein that there is no minimum charge for alcoholic beverages. Said minimum charge shall not be collected in advance of gaining entrance to licensed premises and can only be charged upon a written or printed receipt permanently recorded and numbered seriatim, presented to each individual customer or group of customers. No licensee shall impose a minimum charge for food and/or non-alcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or non-alcoholic beverages.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.18 - Resealing of Partially Consumed Bottles of Wine

Current through Register 1525, July 5, 2024
(1) No holder of a hotel, restaurant, tavern, club, or war veterans' organization license issued pursuant to the provisions of M.G.L. c. 138, § 12 shall permit a patron to retain and take off the licensed premises so much of a bottle of wine purchased by that patron with a meal and not totally consumed by that patron during the meal, except when the bottle of wine is resealed in compliance with 204 CMR 2.18.
(2) Only one partially consumed bottle of wine per patron may be resealed and removed from the hotel, restaurant, tavern, club, or war veterans' organization's licensed premises pursuant to 204 CMR 2.18.
(3) A receipt that prominently displays the date of the purchase of the meal must be furnished to the patron. The receipt must show both the purchase of the meal and the purchase of the bottle of wine.
(4) Before permitting the carry out of a bottle of wine pursuant to 204 CMR 2.18, the hotel, restaurant, tavern, club, or war veterans' organization licensee or its employees must:
(a) securely reseal the bottle of wine;
(b) place the resealed bottle in a one-time-use tamper-proof transparent bag that insures that the patron cannot gain access to the bottle while in transit after the bag is sealed;
(c) securely seal the bag; and
(d) affix the receipt to the sealed bag.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.20 - Insurance Plans by Certain License Holders

Current through Register 1525, July 5, 2024
The provisions of M.G.L. c. 138, § 15 that addresses insurance shall not be construed or interpreted to apply to, or be applied to, qualifying employee benefit plans under the Employee Retirement Income Security Act of 1974 (ERISA), Pub. L. 93-406, 88 Stat. 829 (Sept. 2, 1974), as codified at 18 U.S.C. § 1001
et seq
.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 3.00 - Reporting By Bottlers And Distributors Of Deposits Received And Refunded And Of Handling Charges Paid › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
204 CMR 3.00 is promulgated to effectuate the purposes of M.GL. c. 94, § 323(g).
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 3.00 - Reporting By Bottlers And Distributors Of Deposits Received And Refunded And Of Handling Charges Paid › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
As used in 204 CMR 3.00, the following terms shall have the following meanings:
Beverage
: soda water or similar carbonated soft drinks, artificially carbonated mineral water, and beer and other maltbever ages, but shall not include alcoholic beverages other than beer and malt beverages, dairy products, natural fruit juices or wine.
Bottler
: any person filling beverage containers for sale to distributors or dealers.
Consumer
: any person who purchases a beverage in a beverage container for use or consumption with no intent to resell such beverage.
Dealer
: any person, including any restaurateur or operator of a vending machine, who engages in the sale of beverages in beverage containers to consumers in the Commonwealth.
Deposit Fund
: the total refund value of all filled refundable beverage containers sold by bottler or distributor to dealers during a given reporting period minus the total amount of refunds paid to dealers, redemption centers or third-party collecting agents during that period.
Distributor
: any person who engages in the sale of beverages in refundable beverage containers to dealers in the Commonwealth, including any bottler who engages in such sales.
Malt Beverages
: all alcoholic beverages manufactured or produced by the process of brewing or fermentation of malt, with or without cerealgrains or fermentable sugars, or of hops, and containing not more than twelve percent of alcohol by weight.
Person
: any agency or political subdivision of the federal government or the Commonwealth, any state, public or private corporation or authority, individual, trust, firm, joint stock company, partnership, association, or other entity, and any officer, employee, or agent of said person, and any group of said persons.
Redemption Center
: any facility operated by any person for the purpose of accepting and redeeming containers from consumers.
Refund Value
: the deposit on a beverage container.
Refundable Beverage Container
: any sealable bottler, can, jar, or carton which is primarily composed of glass, metal plastic, or any combination of those materials which is produced for the purpose of containing a beverage and has been embossed, stamped labeled, or otherwise affixed with an indication of re fund value.
Refundable/Reusable Beverage Container
: any beverage container so constructed or designed that it is structurally capable of being refilled and resold by a bottler at least ten times after its initial use.
Reporting Period
: one calendar month.
Restaurateur
: any person who operates a business for the sale of prepared food and/or alcoholic beverages for immediate consumption in the area under his control.
Third-Party Collecting Agent
: any person authorized to redeem containers on behalf of bottlers or distributors.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 3.00 - Reporting By Bottlers And Distributors Of Deposits Received And Refunded And Of Handling Charges Paid › Section 3.03 - Required Records

Current through Register 1525, July 5, 2024
(1) Any bottler or distributor who sells to dealers any filled refundable beverage containers shall record for every such transaction the total refund value of the containers sold. Bottlers and distributors shall maintain records of all such transactions using standard and consistent accounting practices.
(2) Any bottler or distributor who pays to dealers or redemption centers or third-party collecting agents any refunds for empty beverage containers shall maintain records of all such payments using standard and consistent accounting practices.
(3) Any bottler or distributor who pays to dealers or redemption centers or third-party collecting agents any handling charges shall maintain records of all such payments using standard and consistent accounting practices.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 3.00 - Reporting By Bottlers And Distributors Of Deposits Received And Refunded And Of Handling Charges Paid › Section 3.04 - Reporting Requirements

Current through Register 1525, July 5, 2024
(1) No later than 60 days after the expiration of each reporting period, each bottler and distributor shall file with the Commission a form similar to Attachment "A"to 204 CMR 3.00 which shall contain the following information:
(a) the total refund value of all refundable beverage containers sold to dealers and/or distributors during the reporting period.
(b) the total amount of refunds paid to dealers and/or distributors, redemption centers or third-party collecting agents during the reporting period.
(c) the value of the deposit fund for the reporting period.
(d) the total amount of handling charges paid to dealers and/or distributors, redemption centers or third-party collecting agents during the reporting period.