Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission › Section 2.17 - Transportation of Alcoholic Beverages by a Holder of a Certificate of Compliance

Current through Register 1525, July 5, 2024
(1) A holder of a certificate of compliance under M.G.L. c. 138, § 18B may transport alcoholic beverages through any warehouse of a holder of a permit under M.G.L. c. 138, § 20A.
(2) All transportation of alcoholic beverages authorized by 204 CMR 2.17 shall be in vehicles licensed or permitted under M.G.L. c. 138, § 22.
(3) All alcoholic beverages transported by a holder of a certificate of compliance under M.G.L. c. 138, § 18B and traveling through any warehouse of a holder of a permit under M.G.L. c. 138, § 20A shall be owned by the certificate of compliance holder.
(4) No sale of alcoholic beverages may be made to a person or entity at a warehouse of a holder of a permit under M.G.L. c. 138, § 20A. For purposes of 204 CMR 2.17, a "sale" occurs when an order is taken and/or payment is made for alcoholic beverages.
(5) No licensee, except a licensee under M.G.L. c. 138, § 18, may take delivery of alcoholic beverages at a warehouse of a holder of a permit under M.G.L. c. 138, § 20A.
(6) Any holder of a certificate of compliance under M.G.L. c. 138, § 18B, or any licensee or permittee, by using a warehouse of a holder of a permit under M.G.L. c. 138, § 20A under the authority of 204 CMR 2.17, consents to inspection of such facility by the commission, its agents or employees, or any peace officer, to the same extent as consent is given for inspection of licensed premises under M.G.L. c. 138, §§ 56, 63 or 63A.
(7) Each holder of a certificate of compliance under M.G.L. c. 138, § 18B who transports alcoholic beverages through any warehouse operated by a holder of a permit under M.G.L. c. 138, § 20A shall file with the Commission monthly reports of all alcoholic beverages transported through each warehouse. Each report shall be filed with the Commission on or before 5:00 P.M. of the 15th day of the month. When the 15th day of the month falls on a Saturday, Sunday or legal holiday, the report shall be filed with the Commission no later than 5:00 P.M. on the next business day. Each report shall be on a form prescribed by the Commission and shall contain a full and complete description of the quantity of alcoholic beverages transported into the premises covered by the M.G.L. c. 138, § 20A permit, the quantity of alcoholic beverages shipped from the premises covered by the M.G.L. c. 138, § 20A permit to a destination outside Massachusetts, the quantity of alcoholic beverages shipped from the premises covered by the M.G.L. c. 138, § 20A permit to a licensee under M.G.L. c. 138, § 18 inside Massachusetts, the identity and location of the licensee under M.G.L. c. 138, § 18 to whom alcoholic beverages were shipped, and the quantity of alcoholic beverages remaining in transit at the premises covered by the M.G.L. c. 138, § 20A permit. A full and complete description of the alcoholic beverages shall contain identification, in the case of distilled spirits, by brand or trade name and by the name of the distiller, size of containers and nature of contents, in the case of malt beverages, by brand or trade name, in the case of wine, by brand or trade name.
(8) Each holder of a certificate of compliance who transports alcoholic beverages through any warehouse under the authority of 204 CMR 2.17 shall pay an annual fee of $1,000.00 to the Commission. Said fee shall be paid in addition to any fee paid for the certificate of compliance issued under M.G.L. c. 138, § 18B. Said fee shall be paid pursuant to 204 CMR 2.17 for each certificate of compliance that transports alcoholic beverages through each warehouse of a holder of a permit under M.G.L. c. 138, § 20A.
(9) The provisions of 204 CMR 2.17 are severable and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 2.17.