 |
 |
 |
 |
 |
 |
 |
 |
 |
 |
SECTION VII
Other Issues
Refusal of Entry
A licensee may refuse entrance or service to any individual, as long as the licensee does not discriminate on the basis of race, color, religious creed, national origin, ancestry, gender, sexual orientation, physical or mental disability.
Employment
MGL CH 138, SEC. 34
Licensees may employ any person 18 years of age or older for the direct handling and selling of alcoholic beverages. A licensee may hire a person under the age of 18 provided he does not directly handle, sell, mix or serve alcoholic beverages and is subject to all other provisions of law.
Transportation of Alcoholic Beverages
MGL CH 138, SEC 22
The maximum amount of alcoholic beverages a person can transport without
a license is 20 gallons of malt beverages, 3 gallons of any other alcoholic
beverages or one gallon of alcohol. Any person carrying over this amount
must be a licensee and hold a transportation permit. Salesmen licensed
under Section 19A may transport samples of up to 24 gallons of alcoholic
beverages or alcohol.
Any licensee or employee may transport and deliver anywhere in the Commonwealth
alcoholic beverages bought or sold by the licensee in vehicles owned or
leased by the licensee or employee provided that each vehicle is covered
by a permit issued by the ABCC. Every person operating
a vehicle while transporting alcohol must carry the vehicle permit or
a certified copy and must produce such documentation upon request from
any police officer or ABCC investigator.
Wine Tastings
MGL CH. 138, SEC. 12, 15
A common victualler who holds a Section 12 pouring license may provide an on-premises sample wine tasting, provided that the licensee does not solicit orders for wine for off premises consumption, that the wine tasting be limited to one ounce per serving and that food be served in conjunction with the wine tasting. A package store licensee may provide customers, free of charge, sample tastings of wines available for sale on the premises. No single serving of wine at such tasting may exceed one ounce. A package store licensee may also hold a wine tasting at a Section 12 pouring premises, provided that food is served in conjunction with the wine and that the package store may not solicit orders for the wine to be drunk on that premises.
Malt Beverages Tasting MGL CH. 138, SEC. 12, 15
A common victualler who holds a Section 12 pouring license may provide an on-premises sample malt beverages tasting, provided that the licensee does not solicit orders for malt beverages for off premises consumption, that the malt beverages tasting be limited to two ounces per serving and that food be served in conjunction with the malt beverages tasting. A package store licensee may provide customers, free of charge, a sample tasting of malt beverages available for sale on the premises. No single serving of malt beverages at such tasting may exceed two ounces. A package store licensee may also hold a malt beverages tasting at a Section 12 pouring premises, provided that food is served in conjunction with the malt beverages and that the package store may not solicit orders for the malt beverages to be drunk on that premises.
F. Charity Fundraising By Wine Auctions and Wine-Tastings (ACTS 1997,
CH.153, as amended by ACTS 1998, CH 450)
1) Charity Wine Auction Licenses. Applicants which are nonprofit charitable
corporations organized under chapter 180 of the General Laws and registered
with the public charities division of the office of the attorney general
may be granted by the local licensing authority, with the approval of
the alcoholic beverages control commission, temporary licenses for the
sale of wines at auction, not to be drunk on the premises.
Such temporary license shall describe the premises to which it applies.
Each temporary license shall be granted only for premises which are either
the principal place of business or headquarters of the applicant and which
are legally zoned to allow such sales or which are the premises of a licensee
under section 12 or section 15 of chapter 138 of the General Laws. No
such temporary license shall be for a duration of more than ten consecutive
calendar days and no holder of any such temporary license shall be granted
more than two such licenses in a calendar year. Any wine sold under this
section shall be donated at no charge to the license holder and all proceeds
from such sales shall be used for the holder's charitable purposes. The
application procedures under section 15A of said chapter 138 shall not
apply to temporary licenses for the sale of wine at auctions; provided,
however, that such applications may be granted by the local licensing
authority according to the local procedures for granting licenses under
section 14 of said chapter 138. A holder of a temporary license for the
sale of wine at auctions shall be permitted to conduct such auctions on
any day and at any time permitted under said section 12 of said chapter
138. The fee for such temporary license shall not exceed the minimum fee
provided for holders of licenses to sell wine.
Local licensing authorities may impose conditions as to the hours of operation
of such auctions and such other terms and conditions as may be deemed
to be necessary and reasonable.
2) Charity Fundraising Wine Pouring/Tasting Licenses. Two types of licenses
exist to assist
certain charities in fundraising. There are many factors common to both
types of Charity Fundraising Wine Pouring/Tasting Licenses.
A) When a Charity is the sole entity to benefit from the Wine Tasting
and is the sole Applicant for this Fundraising License:
- temporary licenses for the sale of wines to be drunk on the premises
may be granted by the local licensing authority, with the approval of
the alcoholic beverages control commission, to applicants which are nonprofit
charitable corporations organized under chapter 180 of the General Laws
and registered with the public charities division of the office of the
attorney general;
- each such temporary license shall describe the premise to which it applies;
- each such temporary license shall be granted only for premises which
are either the principal place of business or headquarters of the applicant
and which are legally zoned to allow such sales or which are the premises
of a licensee under section 12 of chapter 138 of the General Laws;
- each such temporary license shall be for a duration of more than ten
consecutive calendar days; and no holder of any such temporary license
shall be granted more than two such licenses in a calendar year;
- a holder of a temporary license for such sale of wine shall be permitted
to conduct such sales on any day and at any time permitted under said
section 12 of said chapter 138;
- the fee for such temporary license shall not exceed the minimum fee
provided for holders of licenses to sell wine;
- the application procedures under section 15A of said chapter 138 shall
not apply to temporary licenses for such sale of wine ; provided, however,
that such applications may be granted by the local licensing authority
according to the local procedures for granting licenses under section
14 of said chapter 138;
- local licensing authorities may impose conditions as to the hours of
operation of such sales of wine other terms and conditions as may be deemed
to be necessary and reasonable;
- where the charity is the sole applicant, any wine sold under this section
shall be donated at no charge to the licensee;
- any wine donated may be dispensed by the employees or agents of the
donors of the wine, without compensation for the dispensing services provided;
and,
- all proceeds from such sales shall be used for the charity's charitable
purposes.
B) When a Charity is not the sole entity to benefit from the Wine Tasting
but has a partner in the wine-tasting that already holds a license under
section 12 of General laws chapter 138 and is the sole Applicant for this
Fundraising License:
- temporary licenses for the sale of wines to be drunk on the premises
may be granted by the local licensing authority, with the approval of
the alcoholic beverages control commission, to joint applicants which
consist of one or more nonprofit charitable corporations organized under
chapter 180 of the General Laws and registered with the public charities
division of the office of the attorney general and a licensee under section
12 of chapter 138 of the General Laws;
- each such temporary license shall describe the premise to which it applies;
- each such temporary license shall be granted only for premises which
are the premises of the joint applicant which is a licensee under section
12 of chapter 138 of the General Laws;
- each such temporary license shall be for a duration of not more than
ten consecutive calendar days;
- no holder of any such temporary license shall be granted such temporary
licenses permitting such sales on an aggregate of more than 20 days in
any calendar year.;
- a holder of a temporary license for such sale of wine shall be permitted
to conduct such sales on any day and at any time permitted under said
section 12 of said chapter 138;
- the fee for such temporary license shall not exceed the minimum fee
provided for holders of licenses to sell wine;
- the application procedures under section 15A of said chapter 138 shall
not apply to temporary licenses for such sale of wine; provided, however,
that such applications may be granted by the local licensing authority
according to the local procedures for granting licenses under section
14 of said chapter 138;
- local licensing authorities may impose conditions as to the hours of
operation of such sales of wine and other terms and conditions as may
be deemed to be necessary and reasonable;
- any wine sold under this charity fundraising partnership license may
be donated at no charge to the license holder;
- any wine donated may be dispensed by the employees or agents of the
donors of the wine, without compensation for the dispensing services provided;
and,
- a majority of the proceeds from such sales shall be used for the nonprofit
charitable corporation holder's charitable purposes.
Mandatory Liability Insurance (MGL c. 138, §§ 64A, 64B, 67)
In any hearing by the licensing authorities pursuant to the first paragraph
of section 64, where the licensing authorities find that a licensee pursuant
to section 12 has served or sold alcohol or alcoholic beverages either
to a person under 21 years of age in violation of section 64 or to an
intoxicated person in violation of section 69 within the 24 months immediately
preceding the date of the alleged violation which is the subject of the
hearing, such licensing authorities may, in addition to imposing any other
sanctions, require as a condition precedent to any modification, reinstatement
or renewal of such license thereafter that the licensee provide a certificate
of insurance for liquor liability providing security for the liability
of the licensee to a limit of not less than $100,000 to any one person
and $200,000 to all persons. Said limits may be increased at the discretion
of the licensing authorities.
In any case in which a liquor liability insurance policy has been required as a condition precedent to modification, reinstatement or renewal of a license as provided in section 64A or section 67, a licensee shall disclose to the insurer that such policy is required by the licensing authorities pursuant to said section 64A or 67, shall provide to the liquor liability insurer the mailing address of the licensing authorities and shall direct said insurer to include said authorities as a recipient of any notice which the insurer is required to issue to the licensee pursuant to chapter 175.
In any case in which the insurer notifies the licensee and the licensing authorities that it intends to terminate the contract upon expiration of the requisite notice period, the licensee shall provide proof of reinstatement or new insurance to the licensing authorities within such period. If the licensee fails to provide such proof prior to receipt by the licensing authorities of a notice of cancellation from the insurer, the licensing authorities shall suspend such license until proof of insurance is delivered, or revoke such license, at their discretion.
In any case in which the commission finds during said hearing that the licensee pursuant to section 12 has served or sold alcohol or alcoholic beverages to either a person under 21 years of age in violation of section 64 or to an intoxicated person in violation of section 69 within the 24 months immediately preceding the date of the alleged violation which is the subject of the hearing, said commission may, in addition to any other sanctions or conditions it may impose, require as a condition precedent to any modification, reinstatement or renewal of said license thereafter that the licensee provide a certificate of insurance for liquor liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons. In any other case in which the commission may act pursuant to this section, it may increase, but not decrease, the limits of liquor liability insurance, if any, required by the local licensing authorities as a condition precedent to the modification, reinstatement or renewal of a license.