GENERAL LAWS OF MASSACHUSETTS
CHAPTER 138.
ALCOHOLIC LIQUORS.
Chapter 138, Section 1. Definitions.
Chapter 138, Section 2. Manufacture and sale of alcoholic beverages.
Chapter 138, Section 3. Manufacture and storage of alcoholic beverages for private use.
LICENSING BOARDS.
Chapter 138, Section 4. Licensing boards; appointments; membership.
Chapter 138, Section 5. Terms of office of licensing board; removal; review; notice; fee.
Chapter 138, Section 6. Chairman; quorum; vacancies.
Chapter 138, Section 7. Offices of board; salaries; expenses.
Chapter 138, Section 8. Limitation of sec. 7.
Chapter 138, Section 9. Records; quarterly reports; sworn statements.
Chapter 138, Section 10. Cities exempt from operation of six preceding sections; residency
requirement of board or commission members.
Chapter 138, Section 10A. Annual report of local licensing authorities to commission.
Chapter 138, Section 10B. Authority to declare office of member of board vacant.
Chapter 138, Section 11. Questions to be placed on ballot at biennial state election.
Chapter 138, Section 11A. Submission of question at special and regular municipal elections;
petition; taverns.
SALE OF ALCOHOLIC BEVERAGES OR WINES AND MALT
BEVERAGES TO BE DRUNK ON THE PREMISES.
Chapter 138, Section 12. Licenses authorizing sale of beverages to be drunk on premises; veterans'
organizations, corporations, etc.; suspension or revocation; hours of sale.
Chapter 138, Section 12A. Renewal of licenses to conduct restaurant; investigations.
Chapter 138, Section 12B. Operation of premises licensed to sell alcoholic beverages; nudity.
Chapter 138, Section 13. Licensing of railroad or car and airline corporations, vessel owners and
operators, shipping companies and ship chandlers.
Chapter 138, Section 14. Special licenses to managers of indoor or outdoor activities; fees.
SALE OF ALCOHOLIC BEVERAGES NOT TO BE DRUNK ON
THE PREMISES.
Chapter 138, Section 15. Licensing authorizing sale of beverages not to be
drunk on premises;
applications; approval; price lists; renewals; fees; hours of sales;
samples.
Chapter 138, Section 15A. Application for licenses; statement of beneficial interests; corporate
stock transfers; filing notation; publication of notice; hearing; plan of
premises; transfers; notice to abutting property owners; complaints;
appeals; cancellation of licenses.
Chapter 138, Section 15B. Repealed, 1992, 286, Sec. 268.
Chapter 138, Section 15C. Repealed, 1991, 1, Sec. 2.
Chapter 138, Section 15D. Nonprofit charitable corporations; temporary alcoholic beverage
licenses for the sale of wine at auction.
Chapter 138, Section 15E. Section 15 licensees; temporary alcoholic beverage licenses
for the sale of wine at auction.
Chapter 138, Section 16. Dilution, changing or tampering with alcoholic beverages; suspension of
license; prima facie evidence.
Chapter 138, Section 16A. Renewal of annual licenses; number limitation; rejection of application;
appeal.
Chapter 138, Section 16B. Time within which application for licenses shall be granted or dismissed;
notice of approval; number of applications.
Chapter 138, Section 16C. Licenses for premises near schools or churches.
Chapter 138, Section 16D. Licenses for sale of liquors in bowling alleys.
NUMBER OF LICENSES GRANTED BY LOCAL LICENSING
AUTHORITIES LIMITED.
Chapter 138, Section 17. Number of licenses; quotas; licenses for wines and malt beverages
per population unit; additional licenses; estimates of increased population;
decrease in quota due to loss in population; determination of population
of city or town.
Chapter 138, Section 17A. Grant of additional licenses for sale of alcoholic beverages drunk on
premises.
Chapter 138, Section 17B. Grant of additional licenses for sale of alcoholic beverages drunk off
premises.
Chapter 138, Section 17C. Grant of additional licenses under former law for sale of alcoholic
beverages drunk on premises.
WHOLESALERS' AND IMPORTERS' LICENSES.
Chapter 138, Section 18. Wholesalers' and importers' licenses; compounding, blending, warehousing,
and shipping of alcoholic beverages; fees; records.
SELLING AGENTS OF FOREIGN IMPORTERS AND MANUFACTURERS.
Chapter 138, Section 18A. Licenses for agents or brokers of foreign manufacturers and
importers;
records; fees.
Chapter 138, Section 18B. Issuance of certificates of compliance to licensees authorized to export
or sell alcoholic beverages to domestic licensees; information concerning
shipments; issuance of certificates to immediate family; cancellation and
revocation of certificates.
MANUFACTURE OF ALCOHOLIC BEVERAGES.
Chapter 138, Section 19. Licenses to manufacture alcoholic beverages; sale by manufacturer;
blending of alcoholic beverages; marks to identify manufacturer; records
of manufacturer; fees.
Chapter 138, Section 19A. Permits for salesmen to solicit orders for alcoholic beverages.
Chapter 138, Section 19B. Farmer-winery licenses; hearing; appeal; notices to interested parties;
operation of winery; records; fees.
Chapter 138, Section 19C. Farmer-brewery licenses; hearing; appeal; notices to interested parties;
operation of brewery; records; fees.
Chapter 138, Section 19D. Pub brewery licenses; hearings; records; fees.
STORAGE PERMITS FOR MANUFACTURERS, WHOLESALERS
AND IMPORTERS.
Chapter 138, Section 20. Storage permits; special warehouse permits; special seasonal permits;
fees; rules and regulations.
Chapter 138, Section 20A. Storage permits for public warehousemen.
ADDITIONAL EXCISE FOR PRIVILEGE OF
MANUFACTURING AND SELLING, OR IMPORTING
AND SELLING, ALCOHOLIC BEVERAGES.
Chapter 138, Section 21. Liability of manufacturer, winegrower, farmer-brewer, wholesaler,
importer
and licensee for excise; fines; administration of tax.
TRANSPORTATION.
Chapter 138, Section 22. Transportation of alcoholic beverages; permits; fees; railroads or
vessels; trucking businesses; production of permit upon demand.
Chapter 138, Section 22A. Permits to holders or former holders of licenses authorizing sales to
licensees; fees; excises.
GENERAL PROVISIONS AS TO LICENSES AND PERMITS.
Chapter 138, Section 23. Nature of licenses and permits; status as property rights; refusal to
issue or reissue, revocation, etc.; refund of fee; transfers; death,
receivership or bankruptcy of licensee; expiration; pledging for loans.
Chapter 138, Section 23A. Suspension of license or permit for violation of fair trade laws.
Chapter 138, Section 23B. Retention of license where premises of licensee taken by
public authority;
transfer application; reservation of license; rebate of fee; renewal
application.
REGULATIONS.
Chapter 138, Section 24. Promulgation of regulations by commission; approval.
Chapter 138, Section 25. Lending or borrowing money or receipt of credit by licensees.
Chapter 138, Section 25A. Discrimination in prices and discounts prohibited.
Chapter 138, Section 25B. Filing of schedules; inspection.
Chapter 138, Section 25C. Filing of schedule of minimum consumer prices; verification; filing and
effective dates; inspection; rules and regulations.
Chapter 138, Section 25D. Price discrimination.
Chapter 138, Section 25E. Refusal to sell brand name alcoholic beverages to wholesalers as unfair
trade practice; exception for good cause; discontinuance notice and
procedure.
ALIENS.
Chapter 138, Section 26. Issuance of license and permit to aliens; appointment of local manager or
principal representative by foreign corporations.
Chapter 138, Section 27. Crediting of fees for licenses and permits to general fund; payment of
fees for licenses and permits granted by local authorities into local
treasuries.
Chapter 138, Section 28. Sale of alcoholic beverage to churches, religious societies, hospitals,
homes for aged people and to manufacturers of food products.
DRUGGISTS.
Chapter 138, Section 29. Use and sale of alcoholic beverages by registered pharmacists;
prescriptions; prescription books; sales in original sealed packages.
Chapter 138, Section 30. Issuance of certificate of fitness to registered pharmacist; fee;
revocation.
Chapter 138, Section 30A. Registered pharmacists' licenses to sell alcoholic beverages
without
prescription; hours of sales.
Chapter 138, Section 30B. Kinds of licenses issued to druggists under sec. 30A; transfers.
Chapter 138, Section 30C. Termination of druggist's license upon cessation of business.
Chapter 138, Section 30D. Purpose of sale of alcoholic beverages; certificate of purchaser.
Chapter 138, Section 30E. Record book of registered pharmacists of sales of alcoholic beverages;
form of certificate.
Chapter 138, Section 30F. Inspection of books, certificates and prescriptions.
Chapter 138, Section 30G. Illegal sale of alcoholic beverages in name of registered pharmacist.
Chapter 138, Section 30H. Possession or transportation of alcoholic beverages not authorized to be
sold as prima facie evidence of violation of chapter.
Chapter 138, Section 31. Repealed, 1962, 333.
Chapter 138, Section 32. Hawking or peddling of alcoholic beverages.
Chapter 138, Section 33. Sales and delivery of alcoholic beverages and election days, Sundays and
legal holidays; dancing on Sundays.
Chapter 138, Section 33A. Sales of alcoholic beverages by on-premise licensees on Sundays and
certain legal holidays; sales between 1:00 A.M. and 2:00 A.M.
Chapter 138, Section 33B. Sales of alcoholic beverages by on-premise licensees on Sundays and
certain legal holidays; sales between 11:00 A.M. and 12:00 noon.
Chapter 138, Section 34. Sale, delivery or furnishing alcoholic beverages to persons under
twenty-one years of age; employment of persons under eighteen years of age.
Chapter 138, Section 34A. Persons under twenty-one years; purchase or attempt to purchase alcoholic
beverages.
Chapter 138, Section 34B. Liquor purchase identification cards.
Chapter 138, Section 34C. Persons under twenty-one years of age; operation of motor
vehicles
containing alcoholic beverages.
Chapter 138, Section 34D. Posting notices of penalties for driving while under influence and driving
while drinking from open container of alcohol.
Chapter 138, Section 35. Sales of alcoholic beverages outside limits of reservations or boulevards.
Chapter 138, Section 36. Analysis of alcoholic beverages by department of public health.
Chapter 138, Section 37. Certificate accompanying sample of beverages to be analyzed; contents.
Chapter 138, Section 38. Forms of commission.
Chapter 138, Section 39. Tampering with samples of alcoholic beverages.
Chapter 138, Section 40. Analysis of alcoholic beverages by court order; fee.
Chapter 138, Section 41. Delivery of alcoholic beverages as prima facie evidence of sale.
Chapter 138, Section 42. Issuance of search warrant.
Chapter 138, Section 43. Search of dwelling house.
Chapter 138, Section 44. Sufficiency of complaint and warrant.
Chapter 138, Section 45. Search of premises; seizure of alcoholic beverages.
Chapter 138, Section 46. Searches and seizures without warrant.
Chapter 138, Section 47. Notice to keeper of alcoholic beverages to appear and answer complaint.
Chapter 138, Section 48. Notice; contents; service.
Chapter 138, Section 49. Postponement of trial.
Chapter 138, Section 50. Admission of claimant of alcoholic beverages as party to trial; forfeiture
of alcoholic beverages unlawfully kept; sale of motor vehicle held to be
implement or container of alcoholic beverages.
Chapter 138, Section 51. Disposition of forfeited alcoholic beverages and vessels.
Chapter 138, Section 52. Return of alcoholic beverages not forfeited; order; endorsement.
Chapter 138, Section 53. Forfeiture and disposition of implements and furniture.
Chapter 138, Section 54. Cost of proceedings.
Chapter 138, Section 55. Appeal.
Chapter 138, Section 56. Arrest without warrant of persons found in act of illegally manufacturing
or selling alcoholic beverages; seizures.
Chapter 138, Section 57. Notification of licensing authorities of conviction of holder of license,
permit or certificate.
Chapter 138, Section 58. Notice of conviction of tenant to owner of building used for illegal
keeping or sale.
Chapter 138, Section 59. Forms used in prosecutions.
Chapter 138, Section 60. Common nuisances.
Chapter 138, Section 61. Buildings used by clubs for selling and distributing alcoholic beverages
as common nuisances.
Chapter 138, Section 62. Penalty.
Chapter 138, Section 63. Entry of licensing authorities upon licensed premises; taking of samples.
Chapter 138, Section 63A. Hindering or delaying investigator, inspector or agent of commission.
Chapter 138, Section 64. Suspension or revocation of license; hearing; notice; disqualification;
surrender of license; refunds.
Chapter 138, Section 64A. Sale of alcohol to person under 21 or intoxicated person; sanctions.
Chapter 138, Section 64B. Insurance policy required by licensing authorities; disclosure to
insurer; proof of new insurance.
Chapter 138, Section 65. Delivery of license upon suspension, revocation, cancellation or forfeiture.
Chapter 138, Section 66. Separability of provisions of chapter.
Chapter 138, Section 67. Appeals on refusal to grant or revocation of license; hearing; notice of
approval; revocation by commission; reappeal.
SALES TO BE PROHIBITED IN TIMES OF RIOT.
Chapter 138, Section 68. Sales or deliveries of alcoholic beverages in times of riot or great
public excitement.
Chapter 138, Section 69. Sale or delivery to intoxicated persons.
Chapter 138, Section 70. Issuance of license or permit upon payment of fee; bond.
Chapter 138, Section 71. Effective date of rules; approval of governor.
Chapter 138, Section 72--75. Repealed, 1934, 372, Sec. 1.
Chapter 138, Section 76. Licenses for manufacture, transportation, and sale of alcohol for
mechanical, manufacturing or chemical purposes; fees.
Chapter 138, Section 77. Cancellation of license upon cessation of licensed business.
Chapter 138, Section 64A. Sale of alcohol to person under 21 or intoxicated person;
sanctions.
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