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Alcoholic Beverage Control Commission Transfer to Public Safety

SECTION 15.   The General Laws are hereby amended by inserting after chapter 22E the following chapter:-                                                                      


Section 1. There shall exist within the executive office for public safety a commission to be known as the alcoholic beverages control commission, to consist of a commissioner and two associate commissioners appointed by the governor. Not more than two members shall be members of the same political party. The commissioner and one associate commissioner shall serve terms coterminous with that of the governor. One associate commissioner shall serve a four year term. The commissioner shall serve as chairman. The commission members shall devote their full time during business hours to their official duties. The positions of commissioner and associate commissioners shall be classified in accordance with section 45 of chapter 30 and the salaries shall be determined in accordance with section 46C of said chapter 30. Any vacancy may be filled in like manner for the remainder of the unexpired term. Members of the commission shall serve at the pleasure of the governor and may be removed without cause. Two members shall constitute a quorum for the purpose of conducting the business of the commission. A vacancy shall not impair the right of the remaining members to exercise the powers of the commission. The commissioner, pursuant to section 14 of chapter 17, shall serve as a member of the advisory council on alcoholism.

Section 2. The chairman may appoint and remove a secretary and expend for other clerical assistants. The chairman may appoint a confidential secretary pursuant to section 7 of chapter 30. The chairman may appoint investigators who shall be exempt from chapter 31, for the purpose of enforcing or causing to be enforced the penalties provided for by law against any person in violation of the provisions of this chapter or chapter 138. Each person employed as an investigator shall meet minimum qualifications established by the secretary of public safety and shall complete a basic training and safety course as approved by said secretary. Investigators shall not carry firearms in connection with their duties under this chapter.

Section 3. The commission shall have the following responsibilities:
          (1) issuing licenses, suspending licenses, reviewing appeals, and revoking licenses pursuant to sections 12, 13, 15A, 17, 18, 18A, 19, 19A, 19B, 19C, 19D, 20, 22A, 23, 23A, 64, 67, 70, 76 of chapter 138;
          (2) establishing conditions for the destruction of certain alcoholic beverages pursuant to section 2 of chapter 138;
          (3) receiving annual reports from local licensing authorities pursuant to section 10A of chapter 138;
          (4) authorizing vacancy of members of local licensing boards pursuant to section 10B of chapter 138;
          (5) issuing certificates of compliance to export licensees pursuant to section 18B of chapter 138;
          (6) issuing permits to store and warehouse beverages pursuant to section 20A of chapter 138;
          (7) issuing permits for vehicles to transport and deliver alcoholic beverages pursuant to section 22 of chapter 138;
          (8) promulgating regulations for issues regarding alcoholic beverages pursuant to section 24 of chapter 138;
          (9) posting of names of delinquent licensees pursuant to section 25 of chapter 138;
          (10) establishing schedules for sale of alcoholic beverages sold to wholesaler in the commonwealth pursuant to section 25B of chapter 138;
          (11) promulgating rules regarding the resale price of beverages pursuant to section 25C of chapter 138;
          (12) promulgating and enforcing rules regarding price discrimination pursuant to section 25D of chapter 138;
          (13) establishing rules for the sale of alcoholic beverages to churches, hospitals, and other organizations pursuant to section 28 of chapter 138;
          (14) preparing and distributing posters to businesses regarding the sale of alcoholic beverages to minors pursuant to section 34A of chapter 138;
          (15) arresting without a warrant any person illegally manufacturing or selling alcoholic beverages pursuant to section 56 of chapter 138;
          (16) entering premises to ascertain manner of business of licensees pursuant to section 63 of chapter 138; and,
          (17) receiving reports from bottle distributors regarding the amount received from deposits pursuant to section 323 of chapter 94.

Section 4. The commission shall submit to the governor and to the general court as soon as may be feasible after the end of each state fiscal year a full report of its actions and of the conduct and condition of traffic in alcoholic beverages during such year, together with recommendations for such legislation as it deems necessary or desirable for the better regulation and control of such traffic and for the promotion of temperance in the use of such beverages.

Section 5. The chairman, with the approval of the secretary of public safety, may designate any permanently appointed municipal police officer with powers and duties set forth in section 98 of chapter 41 and who is trained pursuant to section 96B of chapter 41, as a special alcohol beverage control officer. Special alcohol beverage control officers shall have all the authority of commission investigators to enforce the provisions of this chapter and chapter 138.