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SECTION II
Pouring Licenses (Section 12 Licenses)
Types of Licenses
Retail licenses for the sale of alcoholic beverages to be drunk on the premises, called "pouring licenses", fall into five types: hotel, restaurant, tavern, club, and general-on-premises. These are further divided into four categories based on the category of alcoholic beverages permitted to be served; all-alcoholic, wine only, malt only, or wine and malt.
Who Can Apply
MGL CH.138, SEC 12
Any individual applying for a "pouring license"
under Section 12 must be a citizen of the United States, 21 years of age
or older, and a person of good character in the city or town in which
he seeks a license. No license will be issued to any applicant who has
been convicted of a violation of a federal or state narcotic drug law.
No person, firm, corporation, association or other
combination of persons, directly or indirectly, or through any agent,
employee, stockholder, officer, or other person, or any subsidiary whatsoever,
licensed under the provisions of Sections eighteen (wholesaler/importer)
or nineteen (manufacturer) of Chapter 138 shall be granted a pouring license.
Hours of Operation
MGL CH 138, SEC 12, 33, 33A, 33B
A pouring license can not be barred from serving
alcohol between 11:00 a.m. and 11:00 p.m. on any secular day. Local authorities
may grant extended opening hours between 8:00 a.m. and 11:00 a.m. and
extended closing hours between 11:00 p.m. and 2:00 a.m. In no event may
sales be made between 2:00 a.m. and 8:00 a.m. No Tavern license may sell
alcoholic beverages on Sundays. No Section 12 pouring license may sell
alcoholic beverages on Sunday between 1:00 a.m. and 12:00 noon with two
exceptions. First, the local licensing authority accepts the provisions
Section 33A, they may authorize a restaurant, hotel, club, or general
on premises licensee to sell alcoholic beverages between 1:00 am and 2:00
a.m. on Sunday. Secondly, if the local licensing authority accepts the
provisions of section 33B, they may authorize the establishments to sell
alcoholic beverages between 11:00 am and 12:00 noon on Sunday. On Memorial
Day and Christmas Day, hotels, restaurants, taverns and clubs may open
after 12:00 noon. Establishments in those cities and towns that have adopted
the provisions of Chapter 138, Section 33B may open at 11:00 am. Many
local licensing authorities have regulations or conditions relative to
closing hours that address many activities, including issues such as
when patrons must leave the premises. Check with your local licensing
authority for any such regulations in your community.
Cover Charges
204 CMR 2.16
A cover charge shall not be collected in advance of gaining entrance to a licensed premises and a written or printed receipt, permanently recorded and numbered must be presented to each individual customer or group of customers. A sign stating the cover charge must be posted outside the premises. Licenses cannot impose a minimum drinking requirement upon any customer.
Happy Hour Restrictions
204 CMR 4.00
No licensee or employee shall:
offer or deliver any free drinks to any person or group deliver more than
two drinks to any one person at a time……sell to any person or
group any drinks at a price less than the price regularly charged for
such drinks during a calendar week (that is, Sunday through Saturday)
except at private functions
sell to any person or group an unlimited number of drinks during a set
period of time for a fixed price, except at private functions
sell drinks to a person or group on any one day at prices less than those
charged to the general public
sell beer or mixed drinks in a pitcher except to at least two or more
persons at any one time
increase the amount of alcohol in a drink without proportionately increasing
the price
encourage or permit any game or contest which involves drinking or the
awarding of drinks as prizes
Note: Licensees may offer free food or entertainment at any time.
Club Restrictions
MGL CH. 138, SEC. 12; 204 CMR 10.00
Section 12 clubs may serve alcoholic beverages
only to members. However, subject to regulations of the local licensing
authority, clubs may serve alcoholic beverages to a guest of a member.
No club, unless distinctly private, may discriminate or restrict admission
for membership or admission to the premises on account of race, color,
religious creed, national origin, ancestry, gender, sexual orientation,
physical or mental disability.
Service on Draft Beer
MGL CH 138, SEC 12
No malt beverages may be sold on draught from a tap faucet or other draughting device unless the brand or trade name of the beverage is clearly displayed on or attached to the tap or the device.
Alcoholic Beverages Off the
Premises
MGL CH 138, SEC 12
No patrons or employees of a Section 12 pouring license may leave the
premises with alcoholic beverages. Section 12 licenses permit the consumption
of alcoholic beverages only on the premises described on the license.