By Mr. Coughlin of Dedham, petition (accompanied by bill, House, No. 215) of Robert K. Coughlin and Jennifer M. Callahan relative to the sale of alcoholic beverages on Sundays and holidays.  Consumer Protection and Professional Licensure.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Robert K. Coughlin

Jennifer M. Callahan

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to the efficient delivery of products.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1.  Chapter 138 of the general laws is hereby amended by striking Section 33 (a) in its entirety and replacing it with the following new section:

 

Section 33. (a) No licensee under section 15 shall sell or deliver alcoholic beverages, and no registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a physician’s prescription, during polling hours on any day on which a state or municipal election, caucus or primary is held in a city or town in which such licensed place is conducted; provided that these restrictions shall not apply if the local licensing authority issues an order to that effect applicable alike to all licensees of every class subject to such restrictions. Except as provided in section 33A, no holder of a tavern license shall sell any alcoholic beverages on Sundays and no other licensee under section 12 shall sell any such beverages on Sundays between 1:00 a.m. and 12:00 noon and in any county other than Suffolk, no licensee under section 12 shall sell any such beverages on Christmas day, or on the day following when Christmas occurs on a Sunday, or on the last Monday in May, between 1:00 a.m. and 12:00 noon. In Suffolk county, no licensee under said section 12 shall sell alcoholic beverages on Christmas day or on the day following when Christmas occurs on a Sunday, or on the last Monday in May, between 2:00 a.m. and 12:00 noon. No registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a prescription on Sundays or legal holidays, no licensee under section 15 shall sell or deliver any alcoholic beverages on the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas day occurs on a Sunday. No licensee under section 18 or 19 shall sell alcoholic beverages on a Sunday or on the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas occurs on a Sunday; provided, however that a licensee may deliver alcohol beverages on a Sunday; provided further no licensee under section 18 or 19 shall deliver alcoholic beverages on the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas occurs on a Sunday;  provided, however, that a licensee under section 19B may sell wine at retail by the bottle to consumers for consumption off the winery premises on Sundays and legal holidays; provided further, that a licensee under section 19C may sell malt beverages at retail by the bottle to consumers for consumption off the brewery premises on Sundays and legal holidays; provided further, that a licensee under section 19E may sell distilled products at retail by the bottle to consumers for consumption off the distillery premises on Sundays and legal holidays; provided further, that a licensee who is a natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday and who sells or delivers kosher meat or fish pursuant to clause (23) of section 6 of chapter 136, may sell or deliver kosher wine on Sundays if it has been labeled and certified as such. Notwithstanding chapter 136 or 140 to the contrary, the local licensing authorities may authorize a licensee under section 12, who is authorized to sell alcoholic beverages on Sundays between the hours of 12:00 midnight and 1:00 a.m. or 2:00 a.m., to allow dancing during that 1 or 2-hour period, as the case may be, in which he is so authorized to sell alcoholic beverages.