By Mr. Moore, a petition (accompanied by bill, Senate,
No. 196) of Richard T. Moore for legislation to provide
for civil liability of agents of license holders. Consumer
Protection and Professional Licensure. |
By Mr. Moore, a petition (accompanied by bill, Senate,
No. 196) of Richard T. Moore for legislation to provide
for civil liability of agents of license holders. Consumer
Protection and Professional Licensure. |
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. No person acting as agent or employee of a license holder shall furnish a product the sale of which requires a license from the local licensing authority for the sale of alcoholic beverages, tobacco products or lottery tickets to anyone who is under the legal age to purchase such product. Local licensing authorities or their agents shall have the authority to issue citations to individuals who violate the provisions of this section.
“Agent” shall mean an employee who receives compensation from a business licensed to sell alcohol, tobacco, or lottery tickets.
“Compensation”, money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
“Employee”, an individual or person who performs a service for compensation for an employer at the employer’s workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer’s workplace for more than a de minimis amount of time.
“Furnish” shall mean to knowingly or intentionally supply, give, or provide to or allow a person under age to purchase a licensed product such as alcohol, tobacco, lottery tickets,
“Legal age,” shall mean the age for purchase of alcoholic beverages as provided in section 34 of chapter 138; for the purchase of tobacco products as provided in section 6 of chapter 270; for the purchase of lottery tickets as provided in section 29 of chapter 10.
“Licensing authorities”, as used in this chapter, unless a contrary meaning is required by the context, shall mean the boards in Boston and other cities which by special statutes or city charters have the power to issue licenses for innholders or common victuallers, licensing boards appointed under section four of chapter one hundred and thirty-eight in cities and also in cities wherein by special statutes said boards are vested with all the powers and duties exercised by licensing boards in cities that vote to grant such licenses, the aldermen in all other cities and the selectmen in towns.
“License holder,” any individual, firm, fiduciary, partnership, corporation, trust or association, however formed, club, trustee, agency or receiver licensed under the provisions of section 12, 15, 19B, 19C, 19D of chapter 138; section 2 of chapter 64C; sections 27 and 27A of chapter 10 of the general laws.
Whoever violates the provisions of this section shall be punished by a fine of $100 for the first violation; $200 for a second violation occurring within 2 years of the date of the first offense; and $300 for a third or subsequent violation within 2 years of the second violation. Each calendar day on which a violation occurs shall be considered a separate offense. Said fine assessed against an agent or employee shall be in addition to any license suspension, revocation or fine assessed against a license holder.
