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SECTION I
Application Process for Retail
Licenses
Application Procedure
MGL CH 138, Sec. 12, 15, 15A, 23
Applications for retail licenses follow a three-step process. First, the
license is granted by the local licensing authority. Second, the local
licensing authority sends the application to the ABCC for approval. Third,
only after approval from the ABCC, the license is issued by the local
licensing authority upon payment of the license fee. The license fee is
determined by, and paid to, the local licensing authority.
Applications submitted to the ABCC for a pouring license under Section 12, or a package store license under Section 15, must include a sworn statement by the applicant giving the names and addresses of all persons who have a direct or indirect beneficial interest in the license.
Any applicant for an original/new license, a change in the location of a license, or a change in description of a licensed premises must send notice of his/her intended action to abutters of the proposed or current licensed premises. Abutters are defined as persons listed on the assessor's most recent valuation list who are owners of property directly abutting the premises where the license would be exercised. For these purposes, owners of property across a street are not considered abutters.
Notice of the action applied for must also be sent to any school, church or hospital within a 500-foot radius of the licensed premises. An affidavit of the person mailing the notice, as well as an attested copy of the notice, must be filed with the local licensing authority.
An application must be filed to obtain approval from
both the local licensing authority and ABCC for an original/new license;
transfer of license; transfer of issuance or stock; pledge of license
or stock; new officers/directors; alteration of premises; change of stockholders,
location, license type, corporate name, d/b/a/, manager, or hours. In
addition, an application must be filed to obtain approval from both the
local licensing authority and ABCC to change from a seasonal to an annual
license and for a common victualler licensed to sell wine and malt beverages
under Section 12 license to obtain a permit to sell also cordials and
liqueurs.
Time Frame
MGL CH.138, SEC. 16B
Applications shall be approved or disapproved by the local licensing authority no later than 30 days after the filing of the application and after a public hearing on the matter. The license shall be issued by the local licensing authority no later than 7 days after approval is received from the ABCC.
Number of Applications
MGL CH.138, SEC. 15A, 16B
No application by the same applicant, for the same type of license to be exercised on the same premises, may be filed within one year of the date of the last application, except at the discretion of the local licensing authority and ABCC. No licensing authority, either the local board or ABCC, shall receive more than two applications for the same premises in the same license year.
Who Can Apply for a License
MGL CH.138, SEC.26
No license for the sale of alcoholic beverages, nor vehicle transportation permit, will be issued to any person who is not, at the time of his application, a citizen of the United States, or to any corporation, a majority of whose directors are not citizens of the United States. No person shall be appointed as manager or other principal representative of a license who is not a citizen of the United States.
No person under the age of 21 shall receive a license or permit under Chapter 138.
Manager of a Licensed Premises
MGL CH. 138, SEC. 26
A corporation which holds a package store or pouring license must appoint a licensed manager, who is 21 years of age or older, a citizen of the United States, and who has received from the licensee full written authority and control over all business relative to alcoholic beverages which takes place on the premises. This manager must be satisfactory to both the local and state licensing authorities with respect to his character. Any application for a new manager, or change of manager must be approved by both the local licensing authority and ABCC.
Denial of Applications
MGL CH. 138, Sec. 23, 67; CH. 30A
The local licensing authority may refuse to issue or reissue a license if it determines that an applicant for a retail license fails to comply with the provisions of state law, ABCC regulations or any other reasonable requirement. Whenever the local licensing authority denies an application for a new license, refuses to issue a license, suspends, revokes, modifies or cancels a license, or denies an application for transfer, the licensing authority must mail a notice of such action to the applicant or licensee and ABCC stating the reason for such action. The applicant can appeal the action of the local licensing authority to the ABCC within five days of receipt of the local licensing authority's written decision or if the local licensing authority does not act within 30 days of receipt of the application.
If the ABCC denies an application for a new license, refuses to issue a license, suspends, revokes, modifies or cancels a license, or denies an application for transfer, the applicant or licensee may appeal the action to Superior Court.
Licenses for Premises Near Schools or Churches
MGL CH. 138, SEC.16C
Before a premises can be licensed, which is located within 500 feet of a school or church, except those located more than 10 floors above street level, the local licensing authority must determine in writing and after a hearing that the premises is not detrimental to the educational and spiritual activities of the school or church.
A church under this section is defined as a church or synagogue building dedicated to divine worship and in regular use for that purpose. A school is defined as an elementary or secondary school, public or private, giving not less than minimum instruction required by state law to children of compulsory school age. This provision does not apply to a transfer of a license from a premises that is within 500 feet of a school or church to another premises that is further from the school or church than the previous establishment, but still within five hundred feet.
Any applicant who has been denied a license under this section may appeal to the ABCC.
Licensed Premises to be Constructed
MGL CH 138, SEC. 15, 15A
Every license requires an identified premises. However, if no premises actually exists at the time the application is made, the applicant may file with the local licensing authority a plan showing the actual dimensions of the premises to be constructed on which the license is to be exercised. The local licensing authority may approve the license on the condition that the license will be issued upon completion of the premises according to the plan submitted.
Quotas
MGL CH. 138, SEC 17
Each local licensing authority has a specific number
of licenses that it may grant based upon the population of the city or
town according to the most recent federal census. The city of Boston is
an exception to this rule because it has a set quota of 650 package store
licenses, and 320 wine and malt only, or both, licenses. If a city or
town decreases in population, the quota will be decreased as licenses
are cancelled, revoked or not renewed. No new license may be issued until
the total number of licenses is lower than the quota for the decreased
population.