204 CMR 10.00:
Evidence that a club is a public accommodation and not distinctly private may include, but is not limited to, the following:
(1) The extent to which the club facilities, the alcoholic beverages license or both are used for commercial purposes.
(2) The extent to which club membership exceeds 200 persons.
(3) The extent to which regular meal and beverage service are available at the premises.
(4) The degree to which the club receives payment for dues, fees, use of space, facilities, services, meals or beverages directly or indirectly from or on behalf of nonmembers for the furtherance of trade or business or professional interests.
(5) The frequency with which the premises or any part of the premises are used for conferences and meetings sponsored by or on behalf of trade or business or professional enterprises.
(6) The degree to which club facilities, including, but not limited to, meal and beverage service, are utilized by non-members.
(7) The degree to which persons are selected for membership in the club on the basis of trade or business or professional associations or achievement.
(8) The number of members who are partners, officers, directors, or trustees of trade or business or professional enterprises.
(9) The club's holding, by lease or otherwise, of any interest in real property owned by a governmental entity or municipality.