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SECTION III
Package Store Licenses (Section 15 Licenses)
License Eligibility
MGL CH 138, SEC 15
No package store license shall be issued to any applicant who has been convicted of a felony. No Section 15 license will be issued to a premises located within or connected to a Section 12 licensed premises.
1) Individual: An individual applying for a package store license under
this
section must be both a citizen and a resident of Massachusetts who is
21
years or older.
2) Partnership: A partnership (two or more persons doing business together)
may hold a package store license, if all the partners are citizens and
residents of Massachusetts aged 21 years or older.
3) Corporation: A corporation may hold a package store license provided
that
the corporation is organized under the laws of the Commonwealth, all
directors of the corporation are citizens of the United States, and a
majority of the directors of the corporation are Massachusetts residents.
NOTE: A limited liability company (LLC) may not hold a package store license.
The holder of a wholesaler/importer license under Section 18 may also
hold a Section 15 package store license.
Limit on Number of Licenses
MGL CH. 138, SEC 15
No person, firm, corporation, association, or other combinations of persons, directly or indirectly, or through any agent, employee, stockholder, officer or other person or any subsidiary whatsoever, shall be granted a total of more than one package store license in a town, two licenses in a city, or three licenses in the state.
Hours and Days of Operation
MGL CH 138, SEC 15, 33
A Section 15 package store licensee is permitted to make sales between 8:00 a.m. and 11:00 p.m. Monday-Saturday, and between 8:00 a.m. and 11:30 p.m. on the day before a legal holiday if the holiday doesn't fall on a Sunday. No licensee may sell or deliver any alcoholic beverages on Memorial Day, Thanksgiving Day or Christmas Day (or the Monday following when Christmas Day occurs on a Sunday). There are no exceptions to these holiday closings.
Sunday Openings
ST.1992, CH 202; ST. 1992, CH. 133, SEC 490; ST. 1991, CH. 378; ST. 1990
CH. 150, SEC. 316; ST. 1989, CH. 653, SEC. 181
Section 15 package stores are prohibited from making
sales of alcoholic beverages on Sundays, with two exceptions:
1. "Holiday Season": State law provides that local licensing
authorities
may allow package stores to sell alcoholic beverages on Sunday during
the
"Holiday Season". Holiday Season is defined as the Sunday immediately
preceding Thanksgiving and each Sunday thereafter until and including
the
Sunday immediately preceding New Year's Day.
2. Within 10 miles of New Hampshire or Vermont border: Package store
licensees in communities located within 10 miles of the northern border
of
Massachusetts with either New Hampshire or Vermont may, subject to
approval of the local licensing authority, sell alcoholic beverages on
each Sunday of the year, except Sundays that are legal holidays.
The following communities permit year-round Sunday package store opening,
subject to certain conditions:
:
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Sale Restrictions/Invoiced Cost
204 CMR 2.04, 204 CMR 2.04 (3)
Section 15 package store licensees cannot sell
or offer to sell alcoholic beverages at a price less than the invoiced
cost as defined by ABCC regulations. The use of any device, promotion
or scheme which results in the sale of alcoholic beverages at less than
invoiced cost is prohibited.
No licensee can sell alcoholic beverages on consignment
or under conditional sale with the privilege of return, except under ordinary
business and usual commercial reasons arising after the merchandise has
been sold.
Tag-A-Keg
204 CMR 9.00
Special requirements have been enacted regarding
the sale of keg beer by section 15 package store licensees. A keg is defined
as a container having a capacity of more than two gallons of liquid.
Each keg shall be labeled with the name and address
of the retail licensee and an identifying serial number. The ABCC has
stated that the label must be 2 x 3 1/2 inches, have a white background
with "MA ABCC" printed on it and that the label shall be made
of a material which can be printed or written on (Litho stock is preferred).
The adhesive used must be sufficient to keep the tag secured to the container
when it is wet.
The labels may be obtained from any vendor provided
that the labels meet the specifications of the ABCC.
The licensee shall require, in addition to the purchase
price, a deposit of a container fee and a registration fee. On containers
holding 6 gallons or more, the container fee set by the retailer is not
less than $10. The registration fee is $10, for the total fee of not less
than $20. On containers with more than 2 gallons but less than 6 gallons,
the container fee again set by the retailer is not less than $1. The registration
fee is $4, for a total fee of not less than $5.The container fee shall
be returned to the purchaser upon return of the keg. The registration
fee shall be returned to the purchaser upon return of the keg with the
correctly numbered label legible and properly attached. The licensee must
keep records of each keg sale which include the date of sale, size of
the keg, keg identification number, amount of container fee and registration
fee, and name and address of the purchaser. The purchaser must sign a
statement at the time of purchase attesting to the accuracy of the purchaser's
name and address and acknowledging that misuse of the keg may result in
civil liability, criminal prosecution or both. The licensee must keep
the record for at least three years. Sample keg registration forms are
available at the ABCC or local licensing authority.
Bottle Returns
MGL CH. 94, SEC. 323 (8)
No licensee shall refuse to redeem any barrel, keg, bottle, case or other container upon which a deposit has been made if it is returned in good condition.