MOST RECENT LICENSEE NOTICES:

2008 Holidays
2007 Holidays
2005 Notice on Fire Safety
2004 Happy Hour Notice
2004 Notice on Fire Safety
Pocket Licenses
Sunday Sales
Happy Hour
Fee Increases

NOTICE TO ALL RETAIL LICENSEES

The Alcoholic Beverages Control Commission announces that on October 1, 2004 it will launch a compliance initiative to identify all existing retail licenses issued pursuant to M.G.L. c. 138, § 12 and § 15 that are not being actually operated. Any licensee that does not comply with its obligations to conduct the licensed business and holds a so-called "pocket license" will be subject to enforcement action by the Commission.

Licensees are reminded that M.G.L. c. 138, § 77 provides that the Commission may cancel the license of any license holder who "ceases to conduct the licensed business" that is, any license holder who closes the business or stops doing business.

Licensees should be conducting the licensed business on all days authorized by the license. Any licensee not conducting the business as of the date of this Notice should immediately comply with its obligations by: (1) operating the license on the days and at the location authorized under the license; or, (2) filing the appropriate application to transfer the location of the license to a location where the licensee will comply and operate the licensed business; or, (3) filing the appropriate application to transfer the ownership of the license to a person that will comply and operate the license on the days and at the location authorized under the license.

Any licensee who is complying with its obligations to conduct the licensed business and does not close the business or stop doing business will not be subject to this Commission compliance initiative to enforce the provisions of M.G.L. c. 138, § 77.

Questions concerning this Notice can be addressed to the Commission's Executive Director, Ellen Moriarty.

Dated at Boston, Massachusetts this 28th day of September, 2004.

Eddie J. Jenkins, Chairman
Suzanne Iannella, Commissioner
Robert H. Cronin, Commissioner

TO: ALL LOCAL LICENSING AUTHORITIES AND
ALL LICENSEES UNDER M.G.L. c. 138, § 15

DATE: December 10, 2003

RE: Sunday Sales By Holders Of Licenses Under G.L. C. 138, § 15 On An Annual Basis Pursuant To Chapter 141 of the Acts of 2003, An Act Relative To Investments In Emerging Technologies To Promote Job Creation, Economic Stability And Competitiveness In The Massachusetts Economy.

On November 26, 2003, Chapter 141 of the Acts of 2003, An Act Relative To Investments In Emerging Technologies To Promote Job Creation, Economic Stability And Competitiveness In The Massachusetts Economy ("the Act.") was approved (in part) by the Governor. The Governor approved sections 31 and 32 of the Act. These 2 sections operate together to amend existing law by expanding the opportunity for licensees under section 15 of chapter 138 of the General Laws to sell on Sundays annually on a statewide basis, subject to local control. Sections 31 and 32 of the Act became effective upon approval, on November 26, 2003. The opportunities created by the Act and the expanded potential for jobs and competitiveness may only be realized by full and complete compliance with both of these newly effective laws.

In response to several inquiries on the application of these new laws, the Alcoholic Beverages Control Commission ("the Commission") issues this informational Notice for review and direction for existing licensees under M.G.L. c. 138, § 15, local licensing authorities and the administrations within each community that issues such licenses.

1. Sales on Sunday may be made by a § 15 licensee ONLY IF the licensee obtains a PERMIT FOR SUNDAY SALES from the local licensing authority that issues alcoholic beverages licenses ("the Local Board").

2. The Local Board can permit sales by a § 15 licensee on 6 days per week or 7 days per week.

i. If a Local Board permits a § 15 licensee to sell on Sunday, the Local Board must allow a licensee to close on 1 other day of the week, without any risk or threat of canceling the license for failure to conduct the licensed business pursuant to G.L. c. 138, § 77.

ii. If a Local Board permits a § 15 licensee to sell on just 6 days per week, the Local Board in its discretion may also choose which day of the week the § 15 licensee must close.

3. No sales by a § 15 licensee may be permitted on:
i. The last Monday in May (Memorial Day);
ii. Thanksgiving day;
iii. Christmas Day, or on the day following when Christmas day falls on a Sunday;
iv. Sunday Christmas Day, if Christmas day falls on a Sunday.

4. Any sale by a § 15 licensee permitted on a Sunday must comply with the following 5 conditions:
i. No sales may be made prior to Noon;
ii. No sales may be made after 11:00 p.m.; no sales may be made after 11:30 p.m. on a Sunday that immediately precedes a legal holiday;
iii. Employees must be paid at a rate not less than 1 ½ of the employee's regular rate;
iv. Any § 15 licensee that sells on Sundays and employs more than 7 persons must compensate all employees working on Sunday at a rate not less than 1 ½ of the employee's regular rate;
v. No employee may be required to work on a Sunday; refusal to work on a Sunday is not grounds for discrimination, dismissal, discharge, deduction of hours, or any other penalty.

5. ABCC approval of any Sunday sale permit to any § 15 licensee is not required.

6. A city/town may now choose to go COMPLETELY "DRY" ON SUNDAYS ONLY; that is, each city/town (including every city/town within 10 miles of the northern border of the Commonwealth in which Sunday sales were permitted on an annual basis under the prior law) may choose not to allow any sales of alcoholic beverages on Sundays within the city/town.

7. A choice to become totally "dry" on Sundays is made by accepting the new statute created by the Act in M.G.L. c. 138, § 33(b), as created by Acts 2003, Chapter 141, and § 32.

8. The choice whether to go "dry" on Sundays is made by accepting the new statute as directed by G.L. c. 4, § 4, the state law that prescribes the process of accepting state statutes. This process can be generally described as follows:
i. In a city, by the city council, subject to the city charter provisions on acceptance of a statute;
ii. In a town, by the town meeting;
iii. In municipality with a town council form of government, by the town council.
SPECIFIC QUESTIONS ON WHICH PROCESS APPLIES TO ANY SPECIFIC CITY/TOWN SHOULD BE ADDRESSED TO THE CITY SOLICITOR/TOWN COUNSEL.

9. If the city/town chooses to go "dry" by accepting the new statute, no sales may be on Sundays by either § 15 licensees or § 12 licensees.

10. A. Sunday sale permits previously issued for the 2003 holiday season remain in full force and effect for sales occurring on the Sundays after November 26, 2003, the effective date of Sections 31 and 32 of Chapter 141 of the Acts of 2003. Every § 15 licensee must comply with the 5 conditions specified in the Act and identified in paragraph 4 above.

B. Any Sunday sales permits previously issued for the 2003 holiday season will be null and void and subject to revocation by the ABCC if the provisions of M.G.L. c. 138, § 33(b), as amended by Acts 2003, c. 141, § 32, are accepted in a city/town and that acceptance is effective on or before Sunday, December 28, 2003.

C. Sunday sale permits issued for the 2004 calendar year for the communities within 10 miles of the northern border of the Commonwealth remain in full force and effect for sales occurring on the Sundays after November 26, 2003, the effective date of Sections 31 and 32 of Chapter 141 of the Acts of 2003. Every § 15 licensee must comply with the 5 conditions specified in the Act and identified in paragraph 4 above.

D. If the provisions of M.G.L. c. 138, § 33(b), as amended by Acts 2003, c. 141, § 32, are accepted in a city/town, any Sunday sales permits issued for the 2004 calendar year will be null and void and subject to revocation by the ABCC after the effective date of that acceptance by the city/town.

11. Any license or permit fee for a § 15 license that includes Sundays sales may be set within the sole and exclusive discretion of the Local Board, subject to the Local Board's compliance with the court decisions that direct how fees must be set.

12. The Local Board should forward to the Commission, on the Commission prescribed Form 43, information for each § 15 licensee that specifies the number of days and the specific days of the week sale of alcoholic beverages has been authorized and permitted by the Local Board.

Additional questions on the application of these new laws may arise. The Commission is happy to assist in resolving any question regarding the Act in cooperation with the both the Local Boards and all holders of § 15 licenses.

Dated at Boston, Massachusetts this 10th day of December 2003.

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Eddie J. Jenkins
Chairman

NOTICE
TO ALL LOCAL LICENSING AUTHORITIES
AND ALL LICENSEES UNDER M.G.L. c. 138, § 12

COMPLIANCE ISSUES DURING THIS HOLIDAY SEASON

It has come to the attention of the Alcoholic Beverages Control Commission ("the Commission") that many licensees may be engaging in activities that violate the Liquor Control Act and Commission Regulations. For example, some licensees may be offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period during the calendar week. Both of these activities violate Commission regulations and will result in a license being modified, suspended, revoked or cancelled.

To assist you in your efforts to control the licensed premises and the operation of the businesses, to prevent violation of any of the provisions the Liquor Control Act and Commission regulations, to help conduct the licensed businesses in a proper and orderly manner, and to avoid compliance issues, the Commission would remind you that the Commission has prohibited certain practices by licensees under G.L. c. 138, §§ 12 and 14. These prohibited practices are specified in 204 C.M.R. 4.00, et seq., (commonly referred to as the "Happy Hour regulation") and are available on the Commission's website, www.state.ma.us/abcc.

As a reminder, this "Happy Hour" regulation prohibits any licensee or employee or agent of a licensee from engaging in or permitting any of 8 activities. No licensee or employee or agent of a licensee may:
1. offer or deliver any free drinks to any person or group of persons;
2. deliver more than two drinks to one person at one time;
3. 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;
4. 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;
5. 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;
6. sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
7. 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;
8. encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.

Because of this regulation, licensees may not be legally offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period. Any licensee who engages in this practice will be investigated and prosecuted before the Commission by its investigators. Further, no licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under 204 CMR 4.03. Any licensee who advertises these illegal practices will be also investigated and prosecuted.

Licensees should be vigilant during the holiday season to avoid violations of G.L. c.138, § 69 and ensure that no alcoholic beverage is sold or delivered on any licensed premises to an intoxicated person. Care should also be taken to avoid violations of G.L. c.138, § 34 by ensuring not only that no one makes "a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person" but also that no one furnishes, and knowingly or intentionally supplies, gives, or provides to or allows a person under 21 years of age to possess alcoholic beverages on premises or property owned or controlled by a license holder.

As the festive holiday season is upon us, the Commission extends to you all the sincere wishes of all the members and employees the Commission for a happy, fruitful and safe season. We are sure that each of you work daily to ensure that all operations, particularly those holiday celebrations hosted within licensed premises, are structured, advertised and actually operated in compliance with all laws of the Commonwealth. Through our efforts together, we can be sure that each license serves the public need and operated only in such a manner as to protect the common good. With this mutual success, our entire holiday season will sure to be bright and safe. With grateful appreciation and many thanks for your attention, assistance and co-operation in these efforts, together we extend our earliest wish for a Happy New Year.

Dated at Boston, Massachusetts this 4th day of December 2003

ALCOHOLIC BEVERAGES CONTROL COMMISSION

Eddie J. Jenkins,
Chairman

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NOTICE TO INDUSTRY

The following fee increases are effective July 1, 2003:

AIRLINES - License to Sell Alcoholic Beverages $500.00

AIRLINES - Certified Copies $50.00

RAILROAD - License to Sell Alcoholic Beverages $500.00

RAILROADS - Certified Permit Copies $50.00

SHIP CHANDLERS - License to Sell Alcoholic Beverages Not < $500 nor more than $1000

STEAMSHIPS (VESSELS) - License to sell alcoholic beverage $500.00

WHOLESALER & IMPORTERS
All Alcoholic Beverages $10,000.00
Wines and Malt Beverages Only $5,000.00
Wines for Sacramental Use $3,000.00

AGENT, BROKER, SOLICITOR - $5,000.00

CERTIFICATE OF COMPLIANCE
5,000 cases per year or less of any alcoholic beverage $200.00
5,000 cases per year or more of any alcoholic beverage $500.00
Additional fee for exceeding maximum quantity $400.00

MANUFACTURER OF ALCOHOLIC BEVERAGES
Not < $6,000 nor > $10,000

SALESMAN PERMIT - $200.00

STORAGE PERMITS - for Manufacturers, Wholesalers an Importers $2,000.00Special Warehouse Permit - Bonded $1,000.00 Not < $125 nor greater than $1,000
Seasonal Special Storage Permit for Malt Beverage $500.00

PUBLIC WAREHOUSE - Storage of Alcoholic Beverages $500.00

TRANSPORTATION - of Alcoholic Beverages
Express and retail transportation and delivery by seller of all alcoholic beverages permit per vehicle $150.00
Railroad, Vessel and Airline Permit $1,500.00
General Trucking or Leasing Business Permit $150.00
Certified Copy of each Permit $50.00

RETAIL LICENSES - ALL APPLICANTS (except renewals - filing fee) $200.00

STORAGE - of Malt Beverages (Seasonal or Annual) $200.00

FARMER - WINERY -Gallanage Produced Annually
5,000 gallons or less $22.00
More than 5,000 and less than 20,000 gallons $44.00
More than 20,000 and less than 100,000 $82.00
More than 100,000 and less than 200,000 $110.00
More than 200,000 and less than 1,000,000 $110.00
Each additional 1,000,000 gallons or part thereof $110.00

FARMER - BREWERY- Barrelage Produced Annually
5,000 Barrels or less $22.00
More than 5,000 and less than 20,000 barrels $44.00
More than 20,000 and less than 100,000 $82.00
More than 100,000 and less than 200,000 $110.00
More than 200,000 and less than 1,000,000 $110.00
Each additional 1,000,000 barrels or part thereof $110.00

If you have any questions, please feel free to contact the office.

Web Site updates and Forms

We are continuing to work to complete the Forms portion of this site. In the mean time, you may go to the contacts page for a list of departments and how to reach the ABCC.