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SECTION V
Preventing Illegalities
204 CMR 2.05 (2)
ABCC regulation 204 CMR 2.05 (2) states that no licensee
shall permit any illegality to occur on the licensed premises. The licensee
is responsible, whether present or not, for ensuring that no disorder,
disturbance, or illegality takes place in or on a licensed premises.
Underage Persons
MGL CH. 138, SEC 34, 34C
It is illegal for anyone under the age of twenty-one to purchase or be in possession of an alcoholic beverage.
Acceptable Forms of Identification
MGL CH. 138, SEC 34B Howard Johnson Co v. ABCC 24 Mass. App. Ct. 287,
510 N. E. 2d 293, Review den'd 400 Mass. 1106, 513 N.E. 2d 1289 (1987)
To have a defense to the charge of delivering or
selling alcoholic beverages to an underage person, a licensee must reasonably
rely on one of four types of identification:
(1) Massachusetts' driver's license, (2) Massachusetts Registry of Motor
Vehicle liquor identification card, (3) Passport issued by the United
States or a country recognized by the United States , or (4) Valid military
identification card (interpreted by the ABCC to be the green, active service
card). Identification must be checked on the day of service, even if the
licensee has checked an individual's identification on previous occasions.
Criminal Penalties for service to an Underage Person
MGL CH. 138, SEC 34
Massachusetts law states that whoever makes a sale or delivery of any alcoholic beverage to any person under 21 years of age shall be punished by a fine of not more than $2000 or by imprisonment for not more than 6 months, or both.
Penalties for Underage Persons Attempting to Purchase
Alcoholic Beverages
MGL CH. 138, SEC 34A, 34B, 34C, 64; CH. 90, SEC 22(e)
Any person under the age of 21 who purchases, or
attempts to purchase alcoholic beverages, who makes arrangements with
any person to purchase or procure alcoholic beverages or who willfully
misrepresents his age, or in any way alters, defaces, or otherwise falsifies
his identification offered as proof of age with the intent of purchasing
alcoholic beverages shall be punished by a fine of $300. The ABCC distributes
signs containing a summary of this section to all licensees. The signs
must be displayed in a conspicuous place in each licensed establishment.
Anyone under 21 years of age and unaccompanied by
his or her parent or legal guardian who knowingly possesses, transports
or carries on his person any alcoholic beverage shall be punished by a
fine of not more than $50 for the first offense. A police officer may
arrest without a warrant any person who violates this section. This does
not apply to persons between 18-21 years of age who transport, possess
or carry alcoholic beverages in the course of their employment. If the
underage person is operating a motor vehicle while illegally in possession
of an alcoholic beverage s/he is subject to up to a 3 month suspension
of his her driver's license.
Any person who transfers, alters or defaces a Massachusetts
driver's license or liquor identification card or uses a false identification
card shall be guilty of a misdemeanor and punished by a fine of not more
than $200 or by imprisonment for not more than 3 months. Upon conviction,
the under-21 person's driver's license will be suspended for one year.
Separate from the criminal procedures, the Registry
of Motor Vehicles, after a hearing, may suspend for up to 6 months the
driver's license of a person who transfers, alters or defaces a Massachusetts
driver's license or liquor identification card or uses a false identification
card.
If a licensee is charged with serving a person under the age of 21, written
notice of the allegation shall be sent to the parent or guardian of the
underage patron.
Posting Notices of Penalties
MGL CH. 138, Sec. 69
Any establishment that sells alcoholic beverages to be drunk on the premises (Section 12 pouring licenses) must post a copy of the penalties for driving under the influence. Any establishment that sells alcoholic beverages not to be drunk on the premises (Section 15 package stores) must post a copy of the penalties for driving with an open container of alcoholic beverages and for the penalties for possessing an open container of alcoholic beverages in a motor vehicle. Copies of these penalties are distributed by the ABCC. The fine for failure to post these penalty signs is not more than $50. The fine for unlawfully removing such signs is $50.
Sale or delivery to intoxicated Persons
MGL CH. 138, SEC. 69
No alcoholic beverage shall be sold or delivered to an intoxicated person on any licensed premises. It does not matter whether or not that person is driving. In fact, approximately 20% of alcohol-related accidents involve pedestrians. Every licensee should have clear policies known to all staff on offering assistance to an intoxicated person, including under what circumstances to notify the police.
Illegal Narcotics Use
As stated before, it is a violation to permit any illegality on the premises. This includes the use or sale of illegal narcotics. If you suspect illegal narcotics use or sale on your premises, contact your local police immediately. Indications of illegal narcotics use include persons making frequent trips in and out of the premises or in and out of the restrooms; Persons who receive a large number of phone calls or who are visited at the premises by an unusually large number of people at frequent intervals; or persons who appear to be making exchanges of small packages or payments of money.
Gambling
204 CMR 2.05 (1)
Slot machines and gambling of any type not authorized by the Legislature are prohibited in a licensed premises.
Donations
204 CMR 2.04 (2)
Donations of alcoholic beverages to be used as prizes in any game of chance are prohibited.
Advertising
204 CMR 2.03; 204 CMR 2.03 (3); 204 CMR 2.05 (7)
A licensee can only post signs advertising brands of alcoholic beverages currently being served on the premises. Use of any matter, which is of an improper or objectionable nature in advertisements, is prohibited. Clubs cannot use any signs to publicly advertise alcoholic beverages. This is a prohibition against any kind of alcoholic beverages sign or advertisement that can be seen from outside the premises.
Manufacture, Purchase and Sale of Alcoholic Beverages
MGL CH. 138, SEC 2, 23, 30H
No person can manufacture with intent to sell, keep for sale, expose, store, transport, import or export alcoholic beverages unless authorized by Chapter 138. Any retail licensee (Section 12 pouring licensee, Section 14 special events licensee, and Section 15 package store licensee) may only purchase alcoholic beverages from licensed wholesalers/importers, in-state manufacturers, farmer-wineries, farmer-breweries or holders of a special permit. For example, a Section 12 pouring licensee may not purchase alcoholic beverages from a package store.
Possession by Licensee of Unauthorized Alcoholic Beverages MGL CH 138, SEC 30H
Possession on a licensed premises by any licensee of alcoholic beverages
which the licensee is not authorized to sell or use under the terms of
his license is prima facie evidence that the beverage is kept for sale,
in violation of this chapter.
Posting Prices
MGL CH. 138, SEC 15
A package store licensee must conspicuously post in each room where alcoholic beverages are sold a list of prices for all such alcoholic beverages being sold on the premises. Sales must be made only at the prices stated on the current posted price list and only in the original manufacturer's, wholesaler's/importer's package. Therefore, for example, a package store cannot offer discounts through advertisements, coupons, etc. However, mail-in supplier rebates are acceptable.
Price Discrimination
MGL CH.138, SEC. 25A
No wholesaler may discriminate in price for time of payments or discounts on quantity of merchandise sold, between one retailer and another retailer purchasing the same brand of alcoholic beverages of like age and quality. Wholesaler price lists are printed periodically in the Massachusetts' Beverage Business. Massachusetts' Beverage Business also contains industry articles and copies of ABCC decisions. You can order Massachusetts' Beverage Business by calling 617-423-7200 Or by logging on to their web-site at www.massbeveragebusiness.com.
Entry of Licensing Authority upon licensed Premises
MGL CH. 138, SEC. 63
Agents of the local licensing authority and ABCC investigators may enter licensed premises at any time to ascertain the manner in which the business is being conducted. The investigators may also at any time take samples for analysis from any alcoholic beverages kept on such premises.
Hindering or Delaying an Investigator
MGL CH. 138, SEC. 63A
Any person who hinders, delays, refuses to provide information to or refuses to admit entrance to any ABCC investigator or authorized agent of the local licensing authority in the performance of his or her duty may be punished by a fine of $50-$200 or by imprisonment for not more than 2 months, or both. Hindering or delaying any ABCC investigator or authorized agent of the local licensing authority in the performance of his or her duty is a crime.
Arrest without Warrant of Persons Found in the
Act of Illegally Manufacturing or Selling Alcoholic Beverages
MGL CH. 138, SEC. 56
Certain law enforcement officers, including ABCC investigators, may, without warrant, arrest any person who is found in the act of illegally manufacturing, selling, exposing, keeping for sale, storing, transporting, importing or exporting alcoholic beverages and may seize the alcoholic beverages that are in the possession of the person. The officers may detain these person, alcoholic beverages and items until a warrant can be obtained.
"Social Host Liability" Statute MGL CH. 138, SEC. 34)
The statute that punishes, among other activities, sale or delivery of
an alcoholic beverage to a person under the age of 21 years old was amended
in August, 2000. This amendment broadened the scope of MGL CH. 138, SEC.
34 by now punishing "whoever furnishes any such beverage or alcohol
for a person under 21 years of age." The extended reach of this amended
statute comes from the new statutory definition of "furnish."
"For the purpose of this section the word 'furnish' shall mean to
knowingly or intentionally supply, give, or provide to or allow a person
under 21 years of age except for the children and grandchildren of the
person being charged to possess alcoholic beverages on premises or property
owned or controlled by the person charged. "