204 CMR 2.00:
REGULATIONS OF THE ALCOHOLIC BEVERAGES
CONTROL COMMISSION
204-2.16: Cover Charge
(1) The posting of a "cover charge" shall be made in accordance with M.G.L.c. 140 s. 183D. Said "cover charge" shall not be collected in advance of gaining entrance to the licensed premises, and can only be charged upon a written or printed receipt, permanently recorded and numbered seriatim, presented to each individual customer or group of customers. Records of such receipts shall be kept by the licensee for a period not less than two years. For the purposes of 204 CMR 2.00, the term "cover charge" shall include all admission fees or admission charges, except that the sign required to be posted under M.G.L. c. 140 s. 183D shall, in the case of an admission fee or charge, be posted on the outside of the licensed premises. Nothing in 204 CMR 2.00 shall be construed to prohibit advanced ticket sales by any licensee under M.G.L.c.138, s. 12
(2) No minimum charge for the purchase of alcoholic beverages or minimum alcoholic beverage drinking requirement shall be imposed upon any customer of a section twelve licensee. Any such licensee who charges a minimum charge for food and/or non-alcoholic beverages in accordance with the requirements of M.G.L. c. 140 s. 183D shall include a specific statement in the posting required therein that there is no minimum charge for alcoholic beverages. Said minimum charge shall not be collected in advance of gaining entrance to licensed premises and can only be charged upon a written or printed receipt permanently recorded and numbered seriatim, presented to each individual customer or group of customers. No licensee shall impose a minimum charge for food and/or non-alcoholic beverages upon any customer who incurs charges for alcoholic beverages equal to or greater than the posted minimum charge for food and/or non-alcoholic beverages.