The Commonwealth of Massachusetts - Alcoholic Beverages Control Commission
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Regulations

2.01: Licenses and Permits
2.02: Price Lists
2.03: Advertising
2.04. Sale
2.05: Licensed Premises
2.06: Labels and Containers
2.07: Substitution of Beverages
2.08: Inducements
2.09: Monthly Reports
2.10: Liquor Purchase Identification Cards
2.11: Radius Measurement: M.G.L. c. 138, s. 15A and 16C
2.12: Minimum Consumer Resale Prices
2.13: Notice of Credit Delinquency
2.14: Price Schedule Procedure
2.15: Commercial Clubs
2.16: Cover Charge
2.17: Transportation of Alcoholic Beverages by a Holder of a Certificate of Compliance
2.18: Resealing of Partially Consumed Bottles of Wine

 


204-2.01: Licenses and Permits

(1) Every applicant for a license or permit, either individually or as a member of a partnership or association, shall furnish proof of his citizenship by production of a certificate of birth, naturalization or as a registered voter.

(2) Every application for a license or permit made by an individual shall be signed by the applicant therefor, who shall give his or her full name and home address.

(3) Every application for a license or permit made by a partnership shall state the full names and home addresses of all the members of the partnership and shall be signed by a majority thereof.

(4) Every application for a license or permit made by an association shall be signed by a majority of the members of the governing body thereof, who shall state their full names and home addresses.

(5) Every applicant for a license or permit required by the provisions of Section 5, Chapter 110, General Laws, to file a certificate stating the real name of a person conducting a business, shall file with his application a certified copy thereof.

(6) Every application for a license or permit made by a corporation shall state the full names and home addresses of the president, treasurer, clerk and secretary, directors and manager or other principal representative of the corporation. It shall be signed by some officer duly authorized by a vote of its board of directors or other similar board. A copy of such vote certified by the clerk or secretary of the corporation, together with a copy of the certificate of its organization, shall accompany the application. A copy of the vote appointing its manager or other principal representative shall also accompany the application.

(7) All applications for licenses and permits shall be made upon blanks furnished by the licensing authorities, shall be fully answered in detail and shall be typewritten or legibly written in ink. Applications written in pencil, in whole or in part, will not be accepted.

(8) All applications shall be made under the penalties of perjury and any false statement contained in any application shall be a cause or ground for refusing to grant the license or permit or for suspending, cancelling or revoking a license or permit already granted.

(9) Every application made to local licensing authorities which in any way has to do with a license for the sale of alcoholic beverages, other than an application for the straight renewal of such license, shall be filed in duplicate and one copy thereof shall accompany notice of any favorable action taken thereon by the said authorities when the same shall be forwarded to the Commission. In the case of an application upon which adverse or no action is taken by such authorities, the duplicate copy shall not be forwarded to the Commission, except upon request, following the filing of an appeal with respect thereto.

(10) Every license or storage permit shall be displayed on the premises covered by the license or permit, in a conspicuous place where it can easily be read. Every salesman permit shall at all times be carried on the person of the holder of the permit while he is engaged in the solicitation of orders for alcoholic beverages.


204-2.02: Price Lists

(1) Hotels, Restaurants, Taverns and Clubs may keep posted in each room where any alcoholic beverages are sold a price list of such beverages. Wherever a price list is posted all sales of alcoholic beverages shall be made at the prices stated on the current posted price list.

(2) No licensee shall print, post, publish or use any false or fictitious price list; nor shall any invoice given or accepted by any licensee contain any statement which falsely indicates prices, discounts, or terms of sale; nor shall there be inserted in any invoice given or accepted by any licensee any statement which makes the invoice a false record, wholly or in part, of the transaction represented therein; nor shall there be withheld from any invoice given or accepted by any licensee any statements which properly should be included therein, so that in the absence of such statements the invoice does not truly reflect the transaction involved.


204-2.03: Advertising

(1) The use of any advertising matter of an improper or objectionable nature is prohibited. The use of recipe books or pamphlets for mixed drinks, which contain obscene or suggestive toasts or other offensive matter, is prohibited.

(2) No license shall use, or permit to be used, any advertising matter which is false or untrue in any particular. Any advertising matter which directly, or by ambiguity or omission tends to deceive or to create a misleading impression shall be deemed to be false or untrue.

(3) No signs or other printed matter advertising any brand or kind of alcoholic beverages shall be displayed on the exterior or interior of any licensed premises wherein such beverages are not regularly and usually kept for sale.

(4) No licensee shall make or permit to be made by his agent or employee, any false or misleading statement concerning other licensee, his products, or the conduct of his business.

(5) The use of vehicles equipped with either radio or loud speakers for the advertising of alcoholic beverages is prohibited. The use of radio or loud speaker equipment in any licensed premises for the purpose of attracting attention to the sale of alcoholic beverages therein is also prohibited.


204-2.04: Sales

(1) No holder of a license issued under M.G.L. c. 138, s. 15 shall sell or offer to sell any alcoholic beverages at a price less than invoiced cost. Cost is defined as net cost appearing on the invoice for said alcoholic beverage. The use of any device, promotion or scheme which results in the sale of alcoholic beverages at less than invoiced cost is prohibited.

(2) Donations of alcoholic beverages by licensees for the purpose of having the same used as prizes in any game of chance are prohibited.

(3) No licensee shall buy or sell, or offer or contract to buy or sell, any alcoholic beverages on consignment or under conditional sale or with the privileges of return or on any basis otherwise than a sale or purchase in good faith. 204 CMR 2.00 shall not prohibit the return, or acceptance of the return, of alcoholic beverages for ordinary and usual commercial reasons arising after the merchandise has been sold.

(4) No Hotel, Restaurant, Club, Tavern or "Package Goods" Store shall buy, or contract to buy, any alcoholic beverages from any Manufacturer or Wholesaler and Importer on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a sale in good faith; provided, that 204CMR 2.00 shall not prohibit the return of alcoholic beverages for ordinary and usual commercial reasons arising after the alcoholic beverages have been purchased.


204-2.05: Licensed Premises

(1) Slot machines or any other devices which furnish anything besides merchandise of a quantity and quality commensurate with the price deposited therein are prohibited on licensed premises. Gambling of any sort, except those games of chance authorized by the Legislature and/or local licensing authorities, shall not be permitted on any license premises.

(2) No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance or illegality of any kind to the place in or on the licensed premises. The licensee shall be responsible therefor, whether present or not.

(3) The person in charge of any vehicle used for the delivery of alcoholic beverages or alcohol shall carry an invoice or sales slip, stating the names and addresses of the purchaser and seller, the date and the amount of the purchase, and also itemizing the number of the various kinds of containers and the kinds, quantities and brands of alcoholic beverages or alcohol.

(4) Manufacturers and Wholesalers and Importers, may sell and deliver alcoholic beverages to other licensees on any day except Sunday, the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas day occurs on a Sunday.

(5) "Package Goods" Store licensees shall not permit any alcoholic beverages to be consumed on their licensed premises, except as authorized by M.G.L. c. 138, s. 15.

(6) "Package Goods" Store licensees shall not sell alcoholic beverages, other than wines and malt beverages, in individual containers of over one gallon capacity.

(7) No Club licensed to sell alcoholic beverages shall use any signs, printed matter or other means publicly to advertise the sale of alcoholic beverages. This shall not prohibit the use of reasonable and proper signs relating to alcoholic beverages within the licensed premises.

(8) All premises covered by a license or storage permit shall be kept in a clean and sanitary condition at all times. No service of alcoholic beverages shall be made to any person in a Hotel, Restaurant, Tavern or Club in a glass or any other container which has not been thoroughly cleansed and properly sterilized prior to such service. Hotels, Restaurants, Taverns and Clubs, licensed to sell alcoholic beverages, shall be provided with an adequate supply of running hot and cold water and soap and towels, at all times readily accessible, to thoroughly cleanse the hands of persons employed in such licensed premises. All glasses, dishes, silverware and other utensils used in such licensed places for service of food or alcoholic beverages shall be thoroughly cleansed after service to each patron and subjected for at least five minutes to the germicidal action of clean water heated to and maintained at a minimum of 160 degrees Fahrenheit. Equally effective methods of germicidal action by the use of heat, hot water, steam or mechanical devices may be substituted. After being cleansed and sterilized glasses, dishes, silverware and other utensils shall be packed or stored or arranged in such manner as not to become contaminated before again being used.

(9) Hotels, Restaurants, Taverns and Clubs shall have adequate and suitable toilet facilities which shall be conveniently located and properly lighted.

(10) Hotels, Restaurants, Clubs, Taverns and "Package Goods" Stores shall keep their licensed premises adequately and properly lighted at all times in a manner satisfactory to the Licensing Authorities.

(11) All pipes, coils, hose, faucets and other appliances used in the drawing of draught beer shall be thoroughly cleansed and flushed at least twice in each week, and shall be kept in a clean and sanitary condition at all times.


204-2.06: Labels and Containers

(1) Every manufacturer licensed by the Commission shall place on the brand labels all information required by federal regulations.

(2) Every Wholesaler and Importer who blends, rectifies or bottles any alcoholic beverages purchased in bulk shall place on the brand labels the number of the license issued by the Commission, and also the number of the Federal Rectifier's Permit, if any.

(3) One label on every bottle, jug or other container of alcoholic beverages manufactured, blended, rectified or compounded by any Manufacturer or Wholesaler and Importer, shall state the quantity of such alcoholic beverages in the manner prescribed by the Federal Government, as far as applicable.

(4) One label on every bottle, jug or other container of alcoholic beverages blended, rectified or compounded by any Manufacturer or Wholesaler and Importer, shall state the exact ingredients of the alcoholic beverages so blended, rectified or compounded in the manner prescribed by the Federal Government.

(5) One label on every bottle, jug or other container of American type whiskey, other than corn or blended whiskey, offered by any Manufacturer or Wholesaler and Importer for intra-state sale solely within this Commonwealth, shall state the period of time during which after distillation and before bottling such whiskey was aged in charred oak barrels, and shall also state whether such barrels were new or re-used.

(6) One label on every bottle, jug or other container of American type corn whiskey, other than a blend, offered by any Manufacturer or Wholesaler and Importer for intra-state sale solely within this Commonwealth, shall state the period of time during which after distillation and before bottling such whiskey was aged in oak barrels.

(7) Any Manufacturer or Wholesaler and Importer who specially bottles any alcoholic beverages for a Retailer shall state on the brand labels that the beverages were bottled for the said Retailer.

(8) All Manufacturers and Wholesalers and Importers shall conform to all the Regulations issued by the Federal Government in connection with the Standards of Identity and the Standards of Fill, as far as they may be applicable.

(9) No false, deceptive or misleading statement shall be made or used, or shall be permitted to be made or used, by any licensee on any label on any keg, cask, barrel, bottle or other container of any alcoholic beverages.

(10) No licensee shall imitate or forge the brand, label, copyright or trade mark of any other licensee of this Commonwealth or any other state or country.

(11) Wholesalers and Importers shall use only such barrels, kegs, cases or other containers as are furnished by the Manufacturers, except where other containers are permitted to be used bearing such seals or other evidence of the identity and origin of the contents as are approved by the Commission.

(12) No licensee shall deface, mar, obliterate, remove or cover any brand or label on any keg, cask, barrel, bottle or other container, except as may be required by Federal Regulation. No licensee shall buy, sell, exchange or traffic in any such containers without consent of the owner thereof.

(13) No licensee shall refuse to redeem any barrel, keg, bottle, case or other container upon which a deposit has been made, provided it is returned in good order and condition, reasonable wear and tear only excepted. This Regulation shall apply only to the original parties to the contract.

(14) No licensee shall use or keep in his possession, without the consent of the owner, any barrel, keg, bottle, case or other container bearing the mark or brand of such owner.


204-2.07: Substitution of Beverages

The substitution of any alcoholic beverages of a kind or brand different from that ordered by a purchaser is prohibited unless it is done with the consent of the person or licensee making the purchase.


204-2.08: Inducements

No licensee shall give or permit to be given money or any other thing of substantial value in any effort to induce any person to persuade or influence any other person to purchase, or contract for the purchase of any particular brand or kind of alcoholic beverages, or to persuade or influence any person to refrain from purchasing, or contracting for the purchase of any particular brand or kind of alcoholic beverages.


204-2.09: Monthly Reports

All holders of Storage Permits issued under the provisions of Section 20 of the Liquor Control Act shall file monthly reports with the Commissioner of Revenue within ten days after the first day of each calendar month. These reports shall show the kinds and quantities of alcoholic beverages shipped from the premises included within the Storage Permit during the previous month. The reports shall be made on forms furnished by the Commissioner.


204-2.10: Liquor Purchase Identification Cards

(204 CMR 2.10, governing liquor purchase identification cards in accordance with the provisions of M.G.L. c. 138, s. 34B.)

(1) Face Side of Card. On the face side of the card there shall appear an
imprint of the State Seal and the language, "Commonwealth of Massachusetts"
on the top line, and immediately underneath, in a bold type, the words,
"Liquor Purchase Identification Card." There shall also appear in the
respective spaces provided.

(a) the full and proper name of the holder,

(b) the residence,

(c) the card shall also bear an attestation by a person duly authorized
by the issuing licensing authority stating that the holder "has furnished
satisfactory evidence to the undersigned of having attained the age of
twenty-one" prior to the issuance of the card. The applicant shall submit
with his application either a Certificate of Birth, a Certificate of
Naturalization, or a Certificate of Voter Registration (or a certified
copy thereof), together with a personal photograph of 1 1/2" x 1 1/2"
dimension.

(d) a statement of the holder's date of birth, age, and place of birth.

It is also encumbered upon the duly authorized person issuing a Liquor
Purchase Identification Card to determine that the birth certificate,
voting certificate or other evidence submitted as a proof of age, be
carefully scrutinized and determine it to be in proper order.

The municipality wherein a card is issued shall also be indicated, as
well as the date of issuance, and the holder's signature.

A photograph of the holder shall be securely attached in the area
designated on the face side of the card; the size of said photograph
should be approximately 1 1/2" x 1 1/2". (directly under the photograph
the words, "See reverse side" shall appear).

The following layout is an example of the procedure desired in the
above paragraphs for the face side of the card.

(2) Example

COMMONWEALTH OF MASSACHUSETTS
LIQUOR PURCHASE IDENTIFICATION CARD

STATE SEAL

This is to certify that ________________________
who resides at _________________________________
has furnished satisfactory evidence to the
undersigned of having attained the age of
twenty-one.

________________________________________________
Date of Birth Age Place of Birth

Holder's ________________________________________________
Photograph Licensing Authority
1 1/2" x 1 1/2"
City ___________________________________________

Town ___________________________________________

Attest _________________________________________
(Duly Authorized Signature)

_________________________________________
(Date of issuance)
SEE REVERSE SIDE
_________________________________________
(Holder's signature)

(3) Reverse Side of Card. On the reverse side of the card the following
language shall be printed thereon:

(a) "It may be legally used only by its valid holder,"

(b) "this card expires five years from the date of issuance,"

(c) "Section 34B of Chapter 138 of the General Laws, as inserted by the
provisions of Chapter 735 of the Acts of 1964, provides in part that `Any
person who transfers, alters or defaces any such card, or who uses or
carries a false identification card, or uses the identification card of
another, or furnishes false information in obtaining such card, shall be
guilty of a misdemeanor and shall be punished by a fine of not more than
two hundred dollars or by imprisonment for not more than three months'
. . . `Nothing in this section shall affect the criminal liability of a
person licensed under this chapter in delivering or selling alcoholic
beverages or alcohol to a minor.'"

All cards are to be numbered consecutively by the licensing authority
and a record kept of the respondent holder of the assigned number. The
position for card numbers shall be placed in the lower right hand side
of card.

There shall appear on the reverse side of the card an affixed seal of
the municipality in which the card is issued.

(4) Example

This card expires five years from the date of issuance. It may be
legally used only by its valid holder.

M.G.L. c. 138, s. 34B, as inserted by the provisions of St 1964, s735, provides in part that "Any person who transfers, alters or defaces any such card, or who uses or carries a false identification card, or uses the identification card of another, or furnished false information in obtaining such card, shall be
guilty of a misdemeanor and shall be punished by a fine of not more than
two hundred dollars or by imprisonment for not more than three months"
. . . "Nothing in this section shall affect the criminal liability of a
person licensed under this chapter in delivering or selling alcoholic
beverages or alcohol to a minor."

(Affix seal of municipality this side of card.)

Card No.____________

(5) Card Specifications

Size: 3 3/4" wide x 2 1/2" high

Stock: White Index Bristol Time Card
or equal. Black Print
(basis 20 x 24 3/4 - 117/M)

LAMINATION: 15 gauge on each side of card (or a suitable tamper-proof
protective covering that will also securely contain the photograph;
do-it-yourself lamination material is available in most office supply
stores and 5 & 10 cent stores; you would also find available 2 1/2"
Scotch brand magic mending tape).


204-2.11: Radius Measurement

In determining for the purpose of M.G.L. c. 138, s. 15A the radius
between a church, school or hospital and a premises licensed or to be
licensed, or for the purposes of M.G.L. c. 138, s. 16C the radius between
a church or school and such premised, the distance shall be measured in a
straight line from the nearest point of the church, school or hospital
building to the nearest point of such premises.


2.12: Minimum Consumer Resale Prices
(2.12: Reserved)


204-2.13: Notice of Credit Delinquency

(1) The Commission shall make available for use of licensees forms for
notification of credit delinquency, notification of credit delinquency
beyond 210 days, notification of delinquent's payment in full, notification
of a delinquent's default check, and request for inspection of delinquent
list. Any notifications by use of other than such forms need not be
recognized by the Commission.

(2) The delinquent list shall be available for inspection by any licensee
or his authorized agent on the premises of the Commission during regular
business hours upon the signing of a licensee of a request for inspection of
the delinquent list. The publication of said list with the name and address
of a delinquent licensee shall constitute the posting by the Commission,
and said delinquent list so published and available for inspection shall
constitute notice to all licensees of the filing of the name of a licensee
on the delinquent list and the removal of the name of a delinquent list.

(3) Within four days after receipt of a notice of delinquency, the licensee
who has received said notice may deliver to the Commission in writing a
notice of protest setting forth with particularity the reason or reasons
consistent with M.G.L. c. 138, s. 25 why said licensee should not be placed
on the delinquent list. The licensee who has extended credit may within four
days after receipt of a copy of the protest file with the Commission in
writing any objection to the protest. If it appears from the protest and
any objection to the protest that there is no genuine issue of fact, the
Commission as soon as practicable will determine whether or not the
licensee should be placed on the delinquent list. If from the protest and
objection there is a genuine issue of fact, the Commission shall afford
parties an opportunity to be heard before placing a licensee on the
delinquent list.

(4) If a licensee who has filed a notice of delinquency, resulting in a
licensee being placed on the delinquent list, fails thereafter to notify
the Commission of the discharge of indebtedness as required by M.G.L. c.
138, s. 25, the delinquent licensee may file with the Commission in writing
a request for discharge setting forth all relevant facts. If the licensee
who has filed the notice of delinquency does not thereafter file in writing
an objection to the request for discharge within two days after receipt of
a copy of the request for discharge, the Commission will strike the name of
the licensee from the delinquent list forthwith. If within two days the
Commission receives an objection to the request for discharge which raises
a genuine dispute of a relevant fact, the Commission shall as soon as
practicable afford the parties an opportunity to be heard before
determining whether or not the name of the licensee shall be struck from
the delinquent list.

(5) Any indebtedness may not be considered discharged unless the creditor
has received an amount equivalent to the outstanding indebtedness by cash,
bank, cashier's, or certified check, or its equivalent, or a check which
after deposit has become "final" (as that term is used under the uniform
commercial code), or a return of merchandise. All checks received in
payment shall be deposited by the creditor before the close of banking as
of the next business day following receipt of any check.

(6) If through error or mistake the name of a licensee appears on the
delinquent list not as a result of a notice of delinquency, the licensee
may deliver a notice in writing to the Commission of the fact and the
Commission will thereafter and forthwith strike the name of the licensee
from the delinquent list.

(7) Copies of all notices delivered to the Commission will simultaneously
be mailed to the licensee extending credit or the delinquent or proposed
delinquent as the case may be by certified mail, return receipt requested,
and the licensee delivering said notice shall certify to the Commission
notification of that fact.

(8) The parties may attach to any notice of protest, objection to notice
of protest, request for discharge of indebtedness such documents,
affidavits and legal memoranda as may be relevant and helpful to the
Commission. All statements of fact, exhibits and documents shall have
attached thereto an affidavit of the person having personal knowledge of
the facts attesting to the accuracy and authenticity of the same.

(9) Any licensee who has been posted as delinquent prior to the adoption
of 204 CMR 2.16(1) through 2.16(9) may protest that posting as provided therein
within ten days of the adoption of 204 CMR 2.16(1) THROUGH 2.19(9).

(10) A service bureau or interested person may obtain from the Commission
delinquency notices filed by wholesalers on a daily basis.

A service bureau shall compile on a daily basis all delinquency notices
and prepare therefrom a daily delinquency list which shall not be published
or circulated and shall have no legal effect until certified by the
Commission. The Commission shall certify on a daily basis the delinquency
list prepared by a service bureau in accordance with these procedures on
the condition that such delinquency list shall be made available to any
wholesaler or retail licensee who may request a copy of same upon payment
of such charge as may be reasonably assessed by the service bureau for
the preparation, printing, and distribution of such lists. Copies of
delinquency lists may also be obtained at the office of the Commission.

Any protest by either a wholesaler or retailer relating to the appearance
of a retailer on the list, or the failure of a retailer to be placed on
the list, shall be filed with the Commission which shall, pursuant to
statute and applicable regulations, adjudicate the protest and direct the
service bureau to delete or add such retailer to the delinquency list in
accordance with its decision. The service bureau shall under no
circumstances entertain any protest relative to the status of any retailer
on a delinquency list and shall make changes in a delinquency list only
in accordance with directives for the Commission.

The delinquency list prepared in accordance with these standards shall
be in two parts:

(a) A list shall be prepared and filed daily with the Commission for the
sole use of the Commission which will contain the following information:

1. the assigned code number of each delinquent retailer.

2. the name and address of each delinquent retailer.

3. the number of consecutive days that a retailer has been delinquent.

4. the name of each wholesaler posting each retailer delinquent.

 

(b) A delinquency list which shall be printed and circulated to every
wholesaler and retailer on a weekly basis in accordance with the third
paragraph herein which shall contain all of the information set forth in
item 204 CMR 2.13(10)(a)1. through 3. This list shall be available in two forms:

1. a list organized alphabetically by all retail licensees.

2. a list broken down alphabetically by cities and towns.

 

The service bureau shall prepare on a daily basis and shall offer to
every wholesaler and retailer in accordance with the provisions of the
third paragraph herein a list of daily additions and deletions only, which
list contain the same information as required by 204 CMR 2.13(10)(a)1.through 3.

 


204-2.14: Price Schedule Procedure

[REPEALED EFFECTIVE DECEMBER 19, 2000]


204-2.15: Commercial Clubs

(1) A Commercial Club is a holder of a Restaurant license under M.G.L. c.
138, s. 12, who has been granted written permission by the Local Licensing
Authorities and the Commission to restrict admission to the licensed
premises to persons who have paid an annual membership fee.

(2) A licensee may request, by application, written permission of the Local
Licensing Authorities and the Commission to operate as a Commercial Club.

(3) Said application shall set forth the requirements for membership.

(4) Membership may not be denied on the basis of race, color, creed, place
of national origin or sex.


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.


204-2.17: Transportation of Alcoholic Beverages by a Holder of a Certificate of Compliance

(1) A holder of a certificate of compliance under M.G.L.c.138 s.18B may transport alcoholic beverages through any warehouse of a holder of a permit under M.G.L.c.138 s. 20A.

(2) All transportation of alcoholic beverages authorized by 204 CMR 2.17 shall be in vehicles licensed or permitted under M.G.L.c.138 s. 22

(3) All alcoholic beverages transported by a holder of a certificate of compliance under M.G.L.c.138 s. 18B and traveling through any warehouse of a holder of a permit under M.G.L.c.138 s. 20A shall be owned by the certificate of compliance holder.

(4) No sale of alcoholic beverages may be made to a person or entity at a warehouse of a holder of a permit under M.G.L.c.138 s. 20A. For purposes of 204 CMR 2.17, a "sale" occurs when an order is taken and/or payment is made for alcoholic beverages

(5) No licensee, except a licensee under M.G.L.c.138 s. 18, may take delivery of alcoholic beverages at a warehouse of a holder of a permit under M.G.L.c.138 s. 20A.

(6) Any holder of a certificate of compliance under M.G.L.c.138 s. 18B, or any licensee or permittee, by using a warehouse of a holder of a permit under M.G.L.c.138 s. 20A under the authority of 204 CMR 2.17, consents to inspection of such facility by the commission, its agents or employees, or any peace officer, to the same extent as consent is given for inspection of licensed premises under M.G.L.c.138 ss. 56, 63 or 63A.

(7) Each holder of a certificate of compliance under M.G.L.c.138 s. 18B who transports alcoholic beverages through any warehouse operated by a holder of a permit under M.G.L.c.138 s. 20A shall file with the Commission monthly reports of all alcoholic beverages transported through each warehouse. Each report shall be filed with the Commission on or before 5:00 P.M. on the 15th day of the month. When the 15th day of the month falls on a Saturday, Sunday or legal holiday, the report shall be filed with the Commission no later than 5:00 P.M. on the next business day. Each report shall be on a form prescribed by the Commission and shall contain a full and complete description of the quantity of alcoholic beverages transported into the premises covered by the M.G.L.c.138 s. 20A permit, the quantity of alcoholic beverages shipped from the premises covered by the M.G.L.c.138 s. 20A permit to a licensee under M.G.L.c.138 s. 18 inside Massachusetts, the identity and location of the licensee under M.G.L.c.138 s. 18 to whom alcoholic beverages were shipped, and the quantity of alcoholic beverages remaining in transit at the premises covered by the M.G.L.c.138 s. 20A permit. A full and complete description of the alcoholic beverages shall contain identification, in the case of distilled spirits, by brand or trade name and by the name of the distiller, size of containers and nature of contents, in the case of malt beverages, by brand or trade name, in the case of wine, by brand or trade name.

(8) Each holder of a certificate of compliance who transports alcoholic beverages through any warehouse under the authority of 204 CMR 2.17 shall pay an annual fee of $1,000.00 to the Commission. Said fee shall be paid in addition to any fee paid for the certificate of compliance issued under M.G.L.c.138 s. 18B. Said fee shall be paid pursuant to 204 CMR 2.17 for each certificate of compliance that transports alcoholic beverages through each warehouse of a holder of a permit under M.G.L.c.138 s. 20A.

(9) The provisions of 204 CMR 2.17 are severable and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 2.17.


RE: Promulgation of Emergency Regulation To Create New Regulation 204 C.M.R. 2.18. Resealing of Partially Consumed Bottles of Wine.

Date: March 1, 2006

The Alcoholic Beverages Control Commission hereby promulgates a new regulation 204 C.M.R. 2.18, Resealing of Partially Consumed Bottles of Wine. The Commission promulgates this new regulation as an emergency regulation based upon the Commission’s findings that this new regulation is required by M.G.L. c. 138, § 12, as amended by Acts 2006, Chapter 33, § 3, is n eeded for the preservation of public safety and general welfare, and observance of the requirements of notice would be contrary to the public interest since this regulation sets requirements on how any restaurant or hotel type licensee must reseal a partially consumed bottle of wine purchased with a meal by a patron to permit the patron to carry so much as may remain of a bottled wine purchased by the patron in conjunction with a meal and not totally consumed by the patron during such meal.

204 C.M.R. 2.18. Resealing of Partially Consumed Bottles of Wine.

(1) No holder of a restaurant type license issued pursuant to the provisions of section 12 of chapter 138 of the General Laws and no holder of a hotel type license issued pursuant to the provisions of section 12 of chapter 138 of the General Laws shall permit a patron to retain and take off the licensed premises so much of a bottle of wine purchased by that patron with a meal and not totally consumed by that patron during the meal, except when the bottle of wine is re-sealed in compliance with this regulation.

(2) Only one partially consumed bottle of wine per patron may be resealed and removed from the restaurant or hotel licensed premises pursuant to this regulation.

(3) A receipt that prominently displays the date of the purchase of the meal must be furnished to the patron. The receipt must show both the purchase of the meal and the purchase of the bottle of wine.

(4) Before permitting the carry out of a bottle of wine pursuant to this regulation, the holder of a restaurant type license or its employees or the holder of a hotel type license or its employees must:

(1) securely reseal the bottle of wine;
(2) place the resealed bottle in a one-time-use tamper-proof transparent bag that insures that the patron cannot gain access to the bottle while in transit after the bag is sealed;
(3) securely seal the bag; and
(4) affix the receipt to the sealed bag.

(5) For the purpose of this regulation, the word “meal” shall mean the purchase by 1 person of a diversified selection of food which ordinarily is classified as an "entree" or "main course" which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking or the purchase by 2 or more persons of a diversified selection of food which is priced at more than $20.00 and ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking.

(6) The provisions of 204 CMR 2.18 are severable and if any provision or the application thereof is held by a court of competent jurisdiction to be invalid, such invalidity shall not affect any other provision of 204 CMR 2.18.

REGULATORY AUTHORITY 204 CMR 2.18: M.G.L. c. 10, §§ 70, 71, 72; c. 138, §§ 12, 24.

3.01: Purpose
3.02: Definitions
3.03: Required Records
3.04: Reporting Requirements
3.05: Penalties
3.06: Effective Date
3.07: Severability
Attachment A
Attachment B


REPORTING BY BOTTLERS AND DISTRIBUTORS OF DEPOSITS RECEIVED AND REFUNDED AND OF HANDLING CHARGES PAID

204-3.01: Purpose

204 CMR 3.00 is promulgated to effectuate the purposes of M.G.L. c. 94, s. 323(g).

 

6.01: Definitions
6.02: Application
6.03: Posting
6.04: Discounts
6.05: Amendments
6.06: Records
6.07: Severability

10.01: General Provisions
10.02: Criteria
10.03: Definitions
10.04: Exclusion
10.05: Severability
10.06: Effective Date
REGULATORY AUTHORITY 204 CMR 10.00:
M.G.L. c. 6, ss. 43, 44; c. 138, s. 24.
(204 CMR 11.00 THROUGH 18.00: RESERVED)

 


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(617)-727-3040

William Kelley, Esq. Ext 717
wkelley@tre.state.ma.us
 
 
 


 

Alcoholic Beverages Control Commission