reglab/statecodes huggingface dataset:
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 3.05 - Penalties

Current through Register 1525, July 5, 2024
The Commission shall monitor the implementation of, and the Attorney General and the district attorneys shall enforce 204 CMR 3.00. Any bottler or distributor who violates any provision of M.G.L. c. 94, § 323(g) and 204 CMR 3.00 promulgated thereunder, shall be subject to a civil penalty for each violation of not more than $1,000.
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 3.06 - Effective Date

Current through Register 1525, July 5, 2024
204 CMR 3.00 shall take effect on January 1, 1984.
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 3.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 3.00 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 3.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.01 - Definitions

Current through Register 1525, July 5, 2024
Licensee
: means any person, club, partnership, corporation or other entity licensed under the provisions of M.G.L. c. 138 to sell alcoholic beverages to be served and drunk on the premises.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.02 - Required Records

Current through Register 1525, July 5, 2024
All licensees shall maintain a schedule of the prices charged for all drinks to be served and drunk on the licensed premises or in any room or part thereof. Such prices shall be effective for not less than one calendar week.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.03 - Certain Practices Prohibited

Current through Register 1525, July 5, 2024
(1) No licensee or employee or agent of a licensee shall:
(a) offer or deliver any free drinks to any person or group of persons;
(b) deliver more than two drinks to one person at one time;
(c) sell, offer to sell or deliver to any person or group of persons any drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
(d) sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
(e) sell, offer to sell or deliver drinks to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public;
(f) sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
(g) increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;
(h) encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.04 - Exceptions

Current through Register 1525, July 5, 2024
Nothing contained in 204 CMR 4.03 shall be construed to prohibit licensees from offering free food or entertainment at any time; or to prohibit licensees from including a drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit those licensed under M.G.L. c. 138, § 15, from offering free wine tastings; or to prohibit those licensed under M.G.L. c. 138, § 12, from offering room services to registered guests.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.05 - Application

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 4.00 shall be deemed to be a condition of every license issued under M.G.L. c. 138 to sell alcoholic beverages to be drunk on the premises, and said provisions may be enforced by the local licensing authorities or their agents and by the Alcoholic Beverages Control Commission or its investigators.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 4.00 - Prohibition Of Certain Practices › Section 4.06 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 4.00 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 4.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.01 - Definitions

Current through Register 1525, July 5, 2024
(1)
Ship Chandler
: means one whose primary business is providing supplies and equipment to ships.
(2)
Commission
: means the Alcoholic Beverages Control Commission.
(3)
Qualified Buyer
: means the owner or operator of any commercial vessel or shipping company operating out of any port of the Commonwealth or the duly authorized representative of such owner or operator.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.02 - Licenses

Current through Register 1525, July 5, 2024
(1) The Commission may issue, in its discretion, a license to a ship chandler for retail sales of all alcoholic beverages not to be drunk on the premises, providing that such sales shall be for the sole purpose of provisioning a vessel or shipping company using any port of the Commonwealth.
(2) Licenses shall be issued only to ship chandlers who:
(a) have their place of business in the Commonwealth.
(b) have been in the ship chandler business in the Commonwealth for one year.
(c) who are citizens and residents of the Commonwealth or partnerships composed solely of such citizens and residents, or to corporations organized under the laws of the Commonwealth of which all directors are citizens of the United States and a majority residents of the Commonwealth.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.03 - License Fee and Renewal

Current through Register 1525, July 5, 2024
The annual fee for a license shall be $250.00. Licenses shall be in force through December 31st of each year. At the discretion of the Commission a license may be renewed, providing an application for renewal is submitted to the Commission prior to December 1st.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.04 - Purchases By Ship Chandlers

Current through Register 1525, July 5, 2024
Ship chandlers shall purchase all alcoholic beverages only from those who hold a valid license issued under the provisions of M.G.L. c. 138, §§ 18, 19, 19B, or 19C.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.05 - Sales By Ship Chandlers

Current through Register 1525, July 5, 2024
(1) Sales may be made only between the hours of 8:00 A.M. and 11:00 P.M. Monday through Saturday. No sales or deliveries may be made on Sundays.
(2) Sales may be made only to qualified buyers or their representatives. Qualified buyers must obtain from the Commission identification showing them to be such. A qualified buyer may authorize a Captain, Master or Ship's Officer to make purchases.
(3) A licensee must see written proof that the person to whom a sale is made is a qualified buyer or authorized representative. The buyer must sign a statement under oath that he or she is a qualified buyer and that the alcoholic beverages purchased are solely for consumption on the vessel(s) he or she represents.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.07 - Relationship to M.G.L. c. 138

Current through Register 1525, July 5, 2024
Ship chandler licenses and licensees shall be subject, in addition to the provisions of 204 CMR 5.00, to the general provisions of Massachusetts General Laws regulating the control of alcoholic beverages, including those sections of M.G.L. c. 138 which are relevant to the conduct of the business of purchasing, selling, storing and transportation of alcoholic beverages.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 5.00 - Ship Chandlers › Section 5.09 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 5.00 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 5.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.01 - Definitions

Current through Register 1525, July 5, 2024
Net Price
: means the price of an item to the retailer after all discounts have been applied.
Specialized Publication
: means a publication (journal, magazine or other periodical) which specializes in issues relating to the alcoholic beverages industry, and which publishes wholesalers' monthly price lists.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.02 - Application

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 6.00 shall be deemed to be a condition of a wholesaler's license to sell alcoholic beverages to a retailer.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.03 - Posting

Current through Register 1525, July 5, 2024
(1) For purposes of 204 CMR 6.03, "item" shall mean a case of distilled spirits product identified by brand or trade name and by the name of the distiller, size of containers, age and proof (if stated on the label), and number of containers in the case; or a case of wine identified by brand or trade name; or a case malt beverages identified by brand or trade name.
(2) No wholesaler shall sell to any retailer, and no retailer shall purchase from any wholesaler, any brand of a lcoholic beverages unless a price list shall have been furnished by the wholesaler to the retailer and the original of such price list shall have been filed with the Commission, in the manner hereinafter provided.
(3) A copy of each wholesaler's price list shall be furnished to each retailer prior to the month in which the prices and discounts set forth in such price list are to be effective. The original of the price list shall be filed with the Commission no later than 5:00 p.m. on or before the fifth day of each month and only those prices and discounts set forth therein, or amended in accordance with the provisions of 204 CMR 6.05, shall become effective on the first day of the calendar month following the filing of such price list and shall be in effect for that calendar month only. A new complete price list shall be filed by wholesalers each month.
(a) When the fifth day of the month falls on a Saturday, Sunday or legal holiday, the price list shall be filed with the Commission no later than 5:00 p.m. on the next business day.
(b) Price schedules which are not filed within the time limits stated above shall be rejected by the Commission and the wholesaler's price list then in effect shall be the price list effective for the next 30 day period.
(c) Prices of new items may be filed with the Commission at any time.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.04 - Discounts

Current through Register 1525, July 5, 2024
(1) For purposes of 204 CMR 6.04, an item of distilled spirits shall be deemed to be different from another item if the name of the distiller, or if the nature of the contents is different even if the brand or trade name is the same; and an item of wine or malt beverages shall be deemed to be different from another item if the brand or trade name is different (wine) or if the name of the brewer is different (malt beverages).
(2) Except as otherwise provided in 204 CMR 6.04(5), discounts may be offered by wholesalers to retailers only on the basis of quantities of each item purchased and/or on the basis of time of payment.
(3)
Quantity Discounts
(a)
Distilled Spirits
: Wholesalers of distilled spirits may offer to retailers discounts based on the number of items of distilled spirits purchased. Any such quantity discount offered by a wholesaler to a retailer shall apply to items of individual products and not to a combination of items.
(b)
Malt Beverages
: Wholesalers of malt beverages may offer to retailers discounts based on the number of items of malt beverages purchased. Any such quantity discount offered by a wholesaler to a retailer shall apply to items of individual products and not to a combination of items.
(c)
Wines
: Wholesalers of wines may offer to retailers discounts based on the number of items of wine purchased, whether or not such items of wine are purchased in combination.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.05 - Amendments

Current through Register 1525, July 5, 2024
(1) Between the fifth and 15th day of the month prior to the effective date of the price filing, a wholesaler may amend his price filing to meet a specific lower price, or a specific greater discount for any individual item filed by any other wholesaler. However, under no circumstances may such amendment(s) cause the amending wholesaler's "net price" to be lower than the lowest "net price" filed by any other wholesaler for the same item.
(2) When an amendment is made, the entire page on which the amendment appears shall be filed with the Commission and the page shall indicate the name of the single wholesaler whose prices or discounts are being met and the individual item(s) affected.
(3) Amendments to price lists must be received at the Commission no later than 5:00 p.m. on the 15th day of the month preceding the effective date of such price lists. When the 15th day of the month falls on a Saturday, Sunday or legal holiday, amendments shall be filed no later than 5:00 p.m. on the next business day.
(4) The Commission shall reject any amendment not made in accordance with the provisions of 204 CMR 6.05.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.06 - Records

Current through Register 1525, July 5, 2024
Wholesalers shall keep accurate records of all transactions governed by 204 CMR 6.00, and shall make such records available for inspection by agents or representatives of the Commission.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 6.00 - Price Posting (wholesalers) › Section 6.07 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 6.00 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 6.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.01 - Notice by Local Authority

Current through Register 1525, July 5, 2024
Not more than ten days after approving a license pursuant to the provisions of M.G.L. c .138, § 14 (Special License), the local licensing authority shall notify the Commission of such approval in writing. Such notice shall include the name of the city or town, the name and address of the licensee, date of the local authority's approval, the date or dates for which the license is effective, the hours during which sales are authorized, a description of the licensed premises, whether the license is for all alcoholic beverages, wines and malt beverages only, or either of them, whether the licensed activity or enterprise is for profit or nonprofit, whether the license is for a dining hall maintained by an incorporated educational institution authorized to grant degrees, and any restrictions attached to the license by the local authority. The Commission may require use of a form approved by the Commission for this purpose.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.02 - Licensee

Current through Register 1525, July 5, 2024
A special license, other than a special license for a dining hall maintained by an incorporated educational institution authorized to grant degrees, may be issued only to a natural person, although the licensee may be a responsible manager acting on behalf of a corporation, partnership, or other entity.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.03 - Hours of Sale

Current through Register 1525, July 5, 2024
The hours during which sales of alcoholic beverages may be made by a special licensee shall be fixed by the local authorities, but no special licensee may sell or deliver any alcoholic beverage between the hours of 2:00 A.M. and 8:00 A.M.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.04 - Duration

Current through Register 1525, July 5, 2024
No special license, other than a special license for a dining hall maintained by an incorporated educational institution authorized to grant degrees, shall permit sales on more than 30 days, nor may any person be granted special licenses permitting sales on an aggregate of more than 30 days in any calendar year, except as authorized by 204 CMR 7.04. A special license may permit sales on an aggregate of more than 30 days, but not more than 245 days, in any calendar year in or from any municipally owned building that is operated in conjunction with an 18-hole regulation golf course.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.05 - Authorized Suppliers

Current through Register 1525, July 5, 2024
No special licensee may sell any alcoholic beverage other than those purchased from a licensee under M.G.L. c. 138. §§ 18, 19, 19B, or 19C or from a holder of a special permit to sell issued under M.G.L. c. 138, § 22A.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.06 - Local Supervision

Current through Register 1525, July 5, 2024
Whenever, in the opinion of the local licensing authorities, any applicant for a special license fails to establish to their satisfaction his compliance with the requirements of M.G.L. c. 138, duly promulgated state or local regulations, or any reasonable requirements which the local authorities may from time to time make with respect to such licenses or to the conduct of business by such licensees, said authorities may refuse to issue or reissue to any such applicant such license. Whenever in their opinion any special license holder fails to maintain compliance with the requirements of M.G.L. c. 138, regulations, and requirements, they may, after hearing or opportunity therefor, modify, suspend, cancel or revoke such license. The licensing authorities shall mail a notice of such action to the applicant or licensee, stating the reasons such action and shall at the same time mail a copy of such notice to the Commission.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.07 - Commission Supervision

Current through Register 1525, July 5, 2024
The Commission may investigate the granting of any special license and the conduct of the business being done thereunder, and shall, after hearing, modify, suspend, or revoke or cancel such license if, in its opinion, circumstances warrant.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 7.00 - Special Licenses › Section 7.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 7.00 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 7.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.01 - In General

Current through Register 1525, July 5, 2024
No licensee under M.G.L. c. 138, § 15 shall sell malt beverages at retail in a container having a capacity by volume of more than two gallons of liquid ("keg") except in compliance with the requirements of 204 CMR 9.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.02 - Label Required

Current through Register 1525, July 5, 2024
Each keg sold at retail shall be labeled with the name and address of the retail licensee, and an identifying serial number. The Commission may prescribe the form of labels to be used for this purpose.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.04 - Fee Payments

Current through Register 1525, July 5, 2024
The retail licensee shall require the purchaser to pay, in addition to the purchase price:
(1) a container fee of not less than $10.00 for each keg having a capacity of six or more gallons and of not less than $1.00 for each container having a capacity of less than six gallons;
(2) a registration fee of $10.00 for each keg having a capacity of six or more gallons and of $4.00 for each keg having a capacity of less than six gallons.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.05 - Fee Refunds

Current through Register 1525, July 5, 2024
Upon return of a keg sold by the licensee, the licensee shall pay the container fee to the person returning the keg.
Upon return of a keg sold by the licensee within 60 days of the date of purchase and with the correctly numbered label legible and properly attached thereon, and only on such return, the licensee shall pay the registration fee to the person returning the keg.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.06 - Non-Redeemed Registration Fees

Current through Register 1525, July 5, 2024
Any registration fee not refunded within 60 days of the purchase shall be forfeit. All forfeit registration fees shall be paid over to the local licensing authority of the city or town where the licensee's premises are located within 90 days of such forfeit.
Non-refunded container fees paid pursuant to 204 CMR 9.00 shall belong to the licensee.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.07 - Records

Current through Register 1525, July 5, 2024
The licensee shall record, for each keg sale, the date of sale, size of keg, keg identification number, amount of container fee and registration fee, and name and address of the purchaser. The purchaser shall sign a statement at the time of purchase attesting under penalty of perjury to the accuracy of the purchaser's name and address shown, and acknowledging that misuse of the keg or its contents may result in civil liability, criminal prosecution or both. The licensee shall record the date and amount of each container and registration fee refund.
The records shall be kept by the licensee for not less than three years from date of making. The Commission may prescribe a form or forms for use in recording the information required by 204 CMR 9.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.08 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 9.00 are severable, and if any provision or any application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 9.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 9.00 - Retail Sale Of Malt Beverages In Kegs › Section 9.09 - City or Town Laws to the Contrary

Current through Register 1525, July 5, 2024
No city or town, or local licensing authority, shall impose requirements with respect to keg fees or registration inconsistent with 204 CMR 9.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 10.00 - Discrimination By Club Licensees › Section 10.01 - General Provisions

Current through Register 1525, July 5, 2024
No holder of a club license issued pursuant to M.G.L. c. 138, § 12, other than a club that is distinctly private, may make any distinction, discrimination, or restriction on account of race, color, religious creed, national origin, sex, sexual orientation, physical or mental disability or ancestry relative to the admission of any person to membership in the club or to admission to the premises as a guest or relative to the treatment of any member or guest at the club premises.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 10.00 - Discrimination By Club Licensees › Section 10.02 - Criteria

Current through Register 1525, July 5, 2024
Evidence that a club is a public accommodation and not distinctly private may include, but is not limited to , the following:
(1) The extent to which the club facilities, the alcoholic beverages license or both are used for commercial purposes.
(2) The extent to which club membership exceeds 200 persons.
(3) The extent to which regular meal and beverage service are available at the premises.
(4) The degree to which the club receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business or professional interests.
(5) The frequency with which the premises or any part of the premises are used for conferences and meetings sponsored by or on behalf of trade or business or professional enterprises.
(6) The degree to which club facilities, including, but not limited to, meal and beverage service, are utilized by non-members.
(7) The degree to which persons are selected for membership in the club on the basis of trade or business or professional associations or achievement.
(8) The number of members who are partners, officers, directors, or trustees of trade or business or professional enterprises.
(9) The club's holding, by lease or otherwise, of any interest in real property owned by a governmental entity or municipality.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 10.00 - Discrimination By Club Licensees › Section 10.03 - Definitions

Current through Register 1525, July 5, 2024
For the purposes of 204 CMR 10.00, the following definitions shall apply:
Payment made for the furtherance of trade or business or professional interests
shall mean payment made by or on behalf of a trade or business or professional organization or enterprise, payment made by an individual from an account which the individual uses primarily for trade or business or professional purposes, payment made by an individual who is re imbursed for the payment by the individual's employer or by a trade or business or professional organization or enterprise, or other payment made in connection with an individual's trade or business or profession, including entertaining clients or trade or business or professional associates or holding meetings or other trade or business or profession related events.
Payment directly from a nonmember
shall mean payment made to a club by a nonmember for expenses incurred by a member or nonmember for dues, fees, use of space, facilities, services, meals and beverages.
Payment indirectly from a nonmember
shall mean payment made to a member or nonmember by another nonmember as reimbursement for payment made to a club for expenses incurred for dues, fees, use of space, facilities, services, meals or beverages.
Payment on behalf of a nonmember
shall mean payment by a member or nonmember for expenses incurred for dues, fees, use of space, facilities, services, meals or beverages by or for a nonmember.
Regular beverage service
shall mean the provision of alcoholic beverages and/or soft drinks at the club premises for one hour or more on three or more days per week during two or more weeks per month during six or more months per year.
Regular meal service
shall mean the provision, either directly or under a contract with another person, of breakfast, lunch, or dinner on three or more days per week during two or more weeks per month during six or more months per year.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 10.00 - Discrimination By Club Licensees › Section 10.04 - Exclusion

Current through Register 1525, July 5, 2024
204 CMR 10.00 shall not prohibit:
(a) segregation of locker rooms and rest rooms on the basis of sex, or
(b) distinctions on the basis of sex in the conduct of competitive sporting events except that no such segregation or distinction may be used to deny on account of sex reasonable overall equality of access to club membership, activities of facilities.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 10.00 - Discrimination By Club Licensees › Section 10.05 - Severability

Current through Register 1525, July 5, 2024
If any provision of 204 CMR 10.00 or the application thereof is held invalid, the remainder of 204 CMR 10.00 shall not be affected by such holding and shall remain in full force and effect.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.02 - Prohibition Of Sale Without License

Current through Register 1525, July 5, 2024
(1) No person or owner or operator of a ship operating out of any port of the Commonwealth shall sell, deliver or expose or keep for sale or store aboard ship any alcoholic beverages unless licensed by the Commission to do so.
(2) No ship licensee shall sell alcoholic beverages other than those purchased from a licensed ship chandler or from a licensee under M.G.L. c. 138, §§ 18, 19, 19B, 19C.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.03 - License Application And Types

Current through Register 1525, July 5, 2024
(1) Application for licenses must be made to the Commission 30 days before the desired use, or such other period as the Commission from time to time may determine.
(2) A copy of the current United States Coast Guard Certificate of Inspection or temporary Certificate of Inspection must accompany each application including renewals.
(3) There will be two types of license, all alcoholic and wine and malt.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.04 - Time Of Service

Current through Register 1525, July 5, 2024
(1) The hours during which sales of alcoholic beverages may be made by any licensee shall be fixed by the Commission either generally or specially for each licensee. Unless otherwise authorized in writing by the Commission, alcoholic beverages shall only be sold or delivered between 8:00 a.m. and 12:30 a.m. on Mondays through Saturdays and between 11:00 a.m. and 12:30 a.m. on Sundays.
(2) Unless otherwise authorized in writing by the Commission, no alcoholic beverages shall be sold or delivered to passengers at dock side or prior to casting off, except that the licensee may, once per day, post a scheduled sailing time for the subject vessel, in which instance, unless otherwise prohibited, the licensee may serve alcoholic beverages from 15 minutes prior to 15 minutes after the posted scheduleds ailing time .
(3) On trips of more than two hours, alcoholic beverages shall not be sold or delivered to passengers within one-half hour before the ship docks.
(4) The Commission may extend either the hour when sales may commence at dock side or the hour when sales must cease, or both, upon a showing by any applicant that such extended hours of sale should by authorized by the Commission with a view only to serve the public need and in such a manner as to protect the common good.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.06 - Manager, Other Personnel

Current through Register 1525, July 5, 2024
(1) Every ship shall have a named manager of record whose function and responsibility shall be to oversee and supervise the sale, delivery and dispensing of alcoholic beverages and to see to the adherence by licensee, its employees, including any assistant manager of record, and all others to the provisions of M.G.L. c. 138 and 204 CMR 19.00 and Other Commission Regulations. His or her appointment must be approved by the Commission. The manager must be a citizen of the United States, and over 21 years of age.
(2) If a ship has a capacity of 50 passengers or more, the named manager of record shall be a person other than the Captain.
(3) If the named manager of record cannot be aboard ship at any time alcoholic beverages are served, he or she shall appoint an assistant manager to perform his or her functions during that cruise or other event. The assistant manager must be a citizen of the United States and over 21 years of age.
(4) No ship personnel shall consume alcoholic beverages aboard the ship.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.07 - Passengers

Current through Register 1525, July 5, 2024
(1) Passengers shall be checked for proof of proper age and signs of intoxication before being served alcoholic beverages.
(2) Passengers shall not be allowed to consume alcoholic beveragesa board ship other than those sold by the licensee.
(3) Passengers shall not be allowed to bring alcoholic beverages on or off a ship except for such beverages as they are transporting as personal baggage in unopened containers from one port to another port. Such containers shall not be opened while at sea. The amount of alcoholic beverages so transported by any person shall not exceed the amounts authorized in M.G.L. c. 138, § 22.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.08 - Security

Current through Register 1525, July 5, 2024
The Captain shall take all appropriate steps to protect passengers who appear to be intoxicated, unruly or a danger to themselves or to others. Appropriate steps may include placing such passengers in a secure area.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.09 - Food And Non-Alcoholic Beverages

Current through Register 1525, July 5, 2024
(1) Food and non-alcoholic beverages shall be available to all passengers at all times alcoholic beverages are available.
(2) Passenger fares shall not include the cost of alcoholic beverages.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.11 - Sponsorship And Advertising

Current through Register 1525, July 5, 2024
No manufacturer, importer, wholesaler, certificate of compliance holder or other Massachusetts licensee (except ship licensees) shall directly or indirectly sponsor, promote or advertise or use its name or the trade or brand name of any alcoholic beverage in connection with any cruise or event, public or private aboard a ship. No ship shall allow or accept funds or favor for such sponsorship, promotion or advertisement.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.12 - Massachusetts General Laws And 204 CMR

Current through Register 1525, July 5, 2024
Ships shall be subject to all applicable provisions of the Massachusetts General Laws, and to 204 CMR 4.00 known as the "Happy Hour Regulation", and to all other Commission Regulations not inconsistent with 204 CMR 19.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.13 - Application And Enforcement

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 19.00 shall be deemed to be a condition of every ship license issued under M.G.L. c. 138, § 13.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.14 - The Captain

Current through Register 1525, July 5, 2024
Nothing in 204 CMR 19.00 shall be considered to limit in any way the power and authority of the Captain of a ship under the Law of the Sea. He or she may at any time order the termination of service of alcoholic beverages aboard ship.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 19.00 - Ship Regulation › Section 19.15 - Severability

Current through Register 1525, July 5, 2024
The provisions of 204 CMR 19.00 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 19.00.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 20.00 - PAYMENT OF A FINE IN LIEU OF SUSPENSION › Section 20.01 - Purpose

Current through Register 1525, July 5, 2024
The purpose and intent of 204 CMR 20.00 is to prescribe the process by which the Commission may accept the payment of a fine in
lieu
of a licensee serving a suspension imposed by the Commission according to M.G.L. c. 138, § 23.
Code of Massachusetts Regulations › 204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION › Title 204 CMR 20.00 - PAYMENT OF A FINE IN LIEU OF SUSPENSION › Section 20.02 - Waiver of Judicial Review

Current through Register 1525, July 5, 2024
The Commission may, in its discretion, accept an offer in compromise in
lieu
of suspension pursuant to M.G.L. c. 138, § 23, but only upon a licensee's written waiver of appeal and judicial review, in addition to the other requirements in M.G.L. c. 138, § 23 and 204 CMR 20.00.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.03 - Appeal to the Commission

Current through Register 1525, July 5, 2024
(1) A final appeal
			 in the case of any person penalized or disciplined by the racing officials of a
			 meeting licensed by the Commission may be taken to the Commission. consistent
			 with the provisions of
			 205
			 CMR 101.02:
Review of Orders or Civil
			 Administrative Penalties/Forfeitures Issued by the Bureau, Commission Staff, or
			 the Racing Division
.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.04 - Stable Names, Registration Fees, Restrictions, etc

Current through Register 1525, July 5, 2024
(1) Each stable name must be duly registered
			 with the Commission.
(2) In
			 applying to race under a stable name, the applicant must disclose the identity
			 or identities behind a stable name.
(3) If a corporation is involved in the
			 identity behind a stable name,
			 205 CMR 3.06 must be
			 complied with.
(4) Changes in
			 identities must be reported immediately to and approval obtained from the
			 Commission.
(5) A person cannot
			 register more than one stable name at the same time nor can he or she use his
			 or her real name for racing purposes so long as he has a registered
			 one.
(6) Any person who has
			 registered under a stable name may at any time cancel it after he or she has
			 given written notice to the Commission.
(7) A stable name may be changed at any time
			 by registering a new stable name and by paying the required fee.
(8) A person cannot register as his or her
			 stable name one that has been registered by any other person with any
			 Association conducting a recognized meeting.
(9) A person may not register as his or her
			 stable name one which is the real name of any owner of race horses nor one
			 which is the real or assumed name of any prominent person not owning race
			 horses.
(10) A stable name shall be
			 plainly distinguishable from that of another duly registered stable
			 name.
(11) A corporate name shall
			 be considered a stable name for the purpose of
			 205 CMR
			 3.00, but the Commission reserves the right to refuse
			 any corporation the privilege of registering a stable name.
(12) A trainer, who is a licensed owner or
			 part owner, may use a stable name as owner or part owner. However, no trainer
			 may be licensed as a trainer other than in his or her legal name.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.05 - Authorized Agent: Licenses, Filing Instrument, etc

Current through Register 1525, July 5, 2024
(1) Each authorized agent must obtain a
			 license from the Commission.
(2)
			 Application for a license must be filed for each owner represented.
(3) If a written instrument signed by the
			 owner accompanies the application it shall clearly set forth among the
			 delegated powers whether or not said agent is empowered to collect money from
			 the Association.
(4) If the written
			 instrument is a power of attorney, it shall be filed permanently with the
			 Racing Secretary. If, however, the powers are properly delegated by the owner
			 on the application form for a license then said application shall be in
			 duplicate with both copies signed and sworn to before a Notary Public and one
			 copy filed permanently with the Racing Secretary.
(5) An Authorized Agent may appoint a
			 sub-agent only when specifically authorized so to do by the above said written
			 instrument and, to be effective, notice of such appointment must be given
			 immediately in writing to the Commission.
(6) Any changes must be in writing and filed
			 as provided in 205 CMR 3.05(4).
(7)
			 If an agent represents more than one owner a separate written instrument shall
			 be filed for each owner and a separate fee paid in each case.
(8) The term of the license shall be the
			 calendar year unless the owner revokes the agent's appointment or the
			 Commission revokes the license.
(9)
			 An owner's revocation of an authorized agent's authority must be filed in
			 writing with the Commission and with the Racing Secretary.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.06 - Corporations

Current through Register 1525, July 5, 2024
(1) Corporations racing horses in
			 Massachusetts shall furnish the following information:
(a) The corporation shall furnish to the
			 Commission and the Judges a statement giving the names of all persons connected
			 with the corporation including officers, directors and stockholders.
(b) The corporation shall furnish to the
			 Commission and the Judges a certificate stating that no person or persons
			 connected with the corporation (officer, director or stockholder) have any
			 beneficial interest in any horse or horses running in their name or the name of
			 any other person or persons racing at the same track where the
			 corporation-owned horses are running.
(c) The corporation shall designate to the
			 Commission and the Judges the name of one individual, preferably an officer
			 (not the trainer), who shall act as agent for the corporation.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.07 - Corrupt Practices

Current through Register 1525, July 5, 2024
(1) No person shall
			 influence, induce or conspire or connive with or attempt to do so, any owner,
			 trainer, jockey, agent, driver, groom or other person associated with or
			 interested in or having charge of or access to any horse entered or to be
			 entered in a race for the purpose of fraudulently affecting the ultimate result
			 of such race.
(2) No person shall
			 give, offer, or promise, directly or indirectly, either in his or her own
			 behalf or in behalf of another, any bribe, gift or gratuity in any form, for
			 the purpose of influencing the result of a race, or which would tend to do so,
			 to any of the following:
(a) racing officials
			 or their assistants,
(b) owners,
			 trainers, drivers, or their agents,
(c) any other person having duties in
			 connection with a race or with the care of a race horse,
(d) any other person.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.08 - Dead Heats

Current through Register 1525, July 5, 2024
(1) When two or
			 more horses run a dead heat, the dead heat shall not be run off.
(2) The owners of the horses in a dead heat
			 shall divide equally the purse money involved.
(3) If a dead heat is for first place, each
			 horse shall be considered a winner of the amount received according to the
			 preceding rule.
(4) When a dead
			 heat is run for first, second, third, or fourth place and an objection is made
			 to one of the horses in the dead heat and sustained the remaining horse in the
			 dead heat shall be deemed the winner of the position in question.
(5) When a dead heat is run for second place
			 and an objection is made to the winner of the race, and sustained, the horses
			 that run the dead heat shall be deemed to have run a dead heat for first
			 place.
(6) Owners shall divide
			 equally all monies and other prizes and if no agreement can be reached as to
			 which of them shall receive the cup, plate or other indivisible prize, they
			 shall draw lots for it in the presence of one or more of the Judges.
Code of Massachusetts Regulations › 205 CMR - MASSACHUSETTS GAMING COMMISSION › Title 205 CMR 3.00 - Harness Horse Racing › Section 3.09 - Drivers

Current through Register 1525, July 5, 2024
(1) Every driver shall, at the request of the
			 Judges, undergo a physical examination to determine his or her fitness to
			 drive. The report of such examination duly signed by the examining physician
			 shall be filed with the Judges.
(2)
			 All drivers shall, at the request of the Judges, be required to take an eye
			 test. The report of such examination duly signed by the examining physician or
			 optometrist shall be filed with the Judges.