Guide to Liquor Laws of the Commonwealth of Massachusetts

The Guide to Liquor Laws is for consumers and anyone already in, or planning to enter the alcoholic beverages industry.

It is not a comprehensive study of the liquor law. It is intended to provide the businessperson and consumer with a general overview of the laws and regulations governing the retail sale of alcoholic beverages in Massachusetts. Additional information may be obtained by reading specific laws or regulations, attending educational seminars or by speaking with knowledgeable sources, such as attorneys, server trainers, local boards or the ABCC.

This 2002 Guide to Liquor Laws of the Commonwealth of Massachusett reflects the statutes and regulations in existance as of December 1, 2001. This 2002 Guide to Liquor Laws of the Commonwealth of Massachusetts should not be used as legal advice or as a substitute for consultation with legal counsel of your choice regarding the individual facts of any specific situation. Be sure to verify the accuracy of any information by reviewing the applicable laws for any additions, deletions or other amendments before you act or make a decision.

The ABCC encourages licensees to be informed and responsible. Our goal is to help prevent problems before they happen. We wish you the best of success.

Table of Contents

SECTION I - Application Process for Retail Licenses
Application Procedure
Time Frame for Acting on Application
Number of Applications
Who Can Apply for a License
Managers of Licensed Premises
Denial of Applications
Licenses for Premises Near Schools or Churches
Licenses for Sale of Alcoholic Beverages in Bowling Alleys
Licensed Premises to be Constructed
Quotas

SECTION II - Pouring Licenses (Section 12 Licenses)
Types of Licenses
Who Can Apply
Hours of Operation
Cover Charges
Happy Hour Restrictions
Club Restrictions
Service of Draft Beer
Alcoholic Beverages Off the Premises

SECTION III - Package Store Licenses (Section 15 Licenses)
License Eligibility
Limit on Number of Licenses
Hours and Days of Operation
Sunday Openings
Sale Restrictions/Invoiced Cost
Tag-A-Keg
Bottle Returns

SECTION IV - Special Licenses (Section 14 Licenses)
All Alcoholic Beverages
Wine and Malt Beverages

SECTION V - Preventing Illegalities
Underage Persons
Acceptable Forms of Identification
Criminal Penalties for Service to an Underage Person
Penalties for Underage Persons
Posting Notices of Penalties
Sale or Delivery to Intoxicated Person
Illegal Narcotics Use
Gambling
Donations of Alcoholic Beverages
Advertising
Purchase of Alcoholic Beverages by a Retail Licensee
Posting of Prices
Price Discrimination
Entry of Licensing Authority upon Licensed Premises
Hindering or Delaying an Investigator
Illegal Manufacturing or Selling

SECTION VI - Licensing Procedures and Business Operations
Property Rights in a License
License Renewals
Transfer of License, Change of Location
Transfer of Corporate Stock
Pledges of Licenses
Lending or Borrowing Money
Suspension or Revocation of License
Appeals
Fine in Lieu of Suspension

SECTION VII - Other Issues
Refusal of Entry
Employment
Transportation of Alcoholic Beverages
Wine Tastings
Charity Fundraisers