MGL c. 138, § 12—Licenses authorizing the sale of alcoholic beverages to be drunk on the premises (on-premises licenses)
Section 12. A common victualler duly licensed under chapter one hundred and forty to conduct a restaurant, an innholder duly licensed under said chapter to conduct a hotel, a pub brewer, a continuing care retirement community and a keeper of a tavern as defined by this chapter, in any city or town wherein the granting of licenses under this section to sell all alcoholic beverages or only wines and malt beverages, as the case may be, is authorized by this chapter . . . may be licensed by the local licensing authorities, subject to the prior approval of the commission, to sell to travelers, strangers and other patrons and customers not under twenty-one years of age, such beverages to be served and drunk [on the premises]. . . .
[War veterans’ organizations.] The local licensing authorities . . . may, subject to the approval of the commission and irrespective of any limitation of number of licenses contained in section seventeen, issue a license to any corporation the members of which are war veterans . . . to sell such beverages to the members of such post only. . . .
Different licenses issued as aforesaid for any portion of the same license year to the same licensee shall count as one license for the purposes of section seventeen. . . .
[General on-premise license.] In any city or town wherein the granting of licenses under this section to sell alcoholic beverages or wines and malt beverages is authorized, a person may be granted a general on-premise license by the local licensing authorities, subject to the prior approval of the commission, authorizing him to sell alcoholic beverages without food to patrons and customers subject to all other relevant provisions of this chapter.
MGL c. 138, § 17—Number of licenses; quotas
Section 17. Except as otherwise provided in this chapter, the number of licenses issued in any city or town under sections twelve and fifteen and in force and effect at any one time during any license year shall be limited as hereinafter provided:
The local licensing authorities of any city or town, except the city of Boston, may grant one license under the provisions of section twelve for each population unit of one thousand or additional fraction thereof, and, in addition, one such license for each population unit of ten thousand or fraction thereof, over the first twenty-five thousand, but may, regardless of population, grant at least fourteen licenses under said section twelve; and the local licensing authorities may also grant one license under the provisions of section fifteen for each population unit of five thousand or additional fraction thereof, but may, regardless of population, grant at least two licenses under said section fifteen.
In addition to the number of licenses otherwise authorized . . . [a city or town that has voted to grant all-alcohol licenses] may grant not more than one license for the sale of wines or malt beverages only, or both under section twelve, for each population unit of five thousand or fraction thereof; provided, that in any such city or town, said authorities may grant at least five additional licenses . . . irrespective of its population. . . .
[Boston operates under a separate statutory quota.] The licensing board for the city of Boston may grant 677 licenses for the sale of all alcoholic beverages under section 12. . . .
Notwithstanding the provisions hereof, no quota established hereunder for any city or town shall be decreased because of any loss in population.
The population of any city or town for the purposes of this section shall be that enumerated in the most recent federal census.
Session laws applicable to 26 local-control municipalities
The Acts of 1978
Chap. 377. AN ACT FURTHER REGULATING THE GRANTING OF SEASONAL LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.
Whereas, The deferred operation of this act would tend to defeat its purpose which is to provide forthwith for the more equitable distribution of certain alcoholic beverage licenses in resort areas of the commonwealth, therefore, it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
Be it enacted, etc., as follows: . . .
SECTION 2. Said chapter 138 is hereby further amended by adding after said section 17, the following section: -
Section 17A. The local licensing authority of a city or town which granted seasonal licenses under section twelve prior to January the first, nineteen hundred and seventy-eight, and which accepts this section by majority vote of a town meeting if a town, or by majority of the city council if a city, is hereby authorized to grant, in addition to, and irrespective of any limitation of number of licenses contained in section seventeen, but subject to all other provisions of this chapter, additional licenses under section twelve.
The Acts of 1985
Chap. 491. AN ACT RELATIVE TO THE ISSUANCE OF ALCOHOLIC BEVERAGE LICENSES BY CERTAIN LOCAL LICENSING AUTHORITIES.
Be it enacted, etc., as follows: . . .
SECTION 2. Chapter 138 of the General Laws is hereby amended by striking out section 17A, inserted by section 2 of chapter 377 of the acts of 1978, and inserting in place thereof the following two sections:-
Section 17A, In any city or town which accepts the provisions of this section, a local licensing authority which granted seasonal all alcoholic beverage or wine and malt beverage licenses as set forth in section twelve, on or before June thirtieth, nineteen hundred and eighty-four, is hereby authorized to grant, in addition to, the number of licenses which may be issued pursuant to section seventeen, but subject to all other provisions of this chapter, additional all alcoholic beverage licenses at a rate of one such all alcoholic beverage license per year; provided, however, that said additional licenses shall be granted only to holders of said seasonal licenses; provided, further, that the holder of said seasonal license surrenders such license; and provided, further, that the total number of seasonal licenses that the local licensing authority may issue pursuant to said section seventeen shall be reduced by one for each new license issued.
Section 17B. In any city or town which accepts the provisions of this section, a local licensing authority which granted seasonal all alcoholic beverage or wine and malt beverage licenses as set forth in section fifteen, on or before June thirtieth, nineteen hundred and eighty-four, is hereby authorized to grant, in addition to, the number of licenses which may be issued pursuant to section seventeen, but subject to all other provisions of this chapter, additional all alcoholic beverage licenses at a rate of one such all alcoholic beverage license per year; provided, however, that said additional licenses shall be granted only to holders of said seasonal licenses; provided, further, that the holder of said seasonal license surrenders such license; and provided, further, that the total number of seasonal licenses that the local licensing authority may issue pursuant to said section seventeen shall be reduced by one for each new license issued.
SECTION 3. Said chapter 138 is hereby amended by adding the following section:
Section 17C. Any city or town, which has accepted the provisions of section seventeen A of chapter one hundred and thirty-eight of the General Laws, as appearing in section two of chapter three hundred and seventy-seven of the acts of nineteen hundred and seventy-eight, prior to January first, nineteen hundred and eighty-five, is hereby authorized to grant, in addition to and irrespective of any limitations of the number of licenses contained in section seventeen, additional licenses under section twelve but subject to all other provisions of this chapter.
Excerpts from S.3228 Amendment to An act relative to economic development in the Commonwealth, S.3228, 194th Gen. Ct. (Mass., 2026)
SECTION 221. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 119 to 121, inclusive, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.
SECTION 222. Said section 12 of said chapter 138, as so appearing, is hereby further amended by adding the following 3 paragraphs:-
All new licenses issued under this section in response to an application filed on or after January 1, 2027, pursuant to the municipal plan as required by section 17, shall be nontransferable and no licensing authority shall approve the transfer of such license.
If a license issued pursuant to this section is cancelled, revoked or no longer in use by the license holder, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority.
If a license holder closes or terminates the license holder’s business or sells or transfers the license holder’s business, the license holder shall return the license physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority.
SECTION 223. Said chapter 138 is hereby further amended by inserting after section 12D the following new section:
Section 12E. (a) Notwithstanding section 12 or any other general or special law to the contrary, the holder of a restricted airport license as defined in section 17 may, subject to the approval of the Massachusetts Port Authority, sell alcoholic beverages to be drunk on the premises at any time that the airport is open for operations.
(b) Notwithstanding any general or special law to the contrary, the Massachusetts Port Authority may designate 1 or more areas within a passenger terminal, as defined in section 17, in which alcoholic beverages sold by a licensee may be consumed off the licensed premises; provided, however, that the Massachusetts Port Authority shall immediately notify the commission of any area so designated. A licensee operating within the approved area may, subject to the approval of the Massachusetts Port Authority, sell alcoholic beverages for consumption off the licensed premises; provided, however, that alcoholic beverages sold pursuant to this subsection shall not be carried or consumed outside of the designated area.
(c) This section shall not be construed to permit a licensed establishment to sell any type or category of alcohol beyond the type or category of alcohol that the licensed establishment is permitted to sell under the license issued to it by the local licensing authority pursuant to this chapter.
SECTION 224. The first paragraph of section 14 of said chapter 138, as appearing in the 2024 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages only may be issued, as determined by the municipality, by the local licensing authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.
SECTION 225. Section 16A of said chapter 138, as so appearing, is hereby amended by striking out, in line 12, the word “so” and inserting in place thereof the following words:- as determined by a municipality to be.
SECTION 226. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable under section seventeen”.
SECTION 227. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 19, the words “for the purposes of section seventeen”.
SECTION 228. Section 17 of said chapter 138, as so appearing, is hereby amended by striking out the first 8 paragraphs and inserting in place thereof the following 3 paragraphs:-
A city or town shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 12, 14 and 15F, including the number of seasonal licenses; provided, however, that for licenses issued under section 15, cities and towns may grant 1 such license for each population unit of 5,000 or any additional fraction thereof but may, regardless of population, grant at least 2 licenses under said section 15; provided further, that nothing in this section shall limit the city of Boston from granting at least 250 licenses for the sale of all alcoholic beverages under said section 15.
A city or town shall adopt and may amend a plan that is approved by the mayor and city council or select board, which shall determine the process for granting additional licenses; provided, however, that prior to adopting or amending the plan: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, select board or legislative body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.
The mayor and city council or select board of a city or town shall hold a public hearing regarding a license application within 30 days of the date the application is filed.
SECTION 229. Sections 17A to 17C, inclusive, of said chapter 138 are hereby repealed.
SECTION 230. Section 29 of said chapter 138, as appearing in the 2024 Official Edition, is hereby amended by striking out, in lines 22 to 24, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”.
SECTION 231. Said chapter 138 is hereby further amended by inserting after section 33B the following 3 sections:-
Section 33C. In a city or town that accepts this section in the manner provided in section 4 of chapter 4, an establishment holding a license to sell alcohol to be drunk on the premises shall be permitted to sell alcoholic beverages or alcohol at a discounted price, in a manner as approved by the city or town.
Section 33D. In a city or town that accepts this section in the manner provided in section 4 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed under section 12, section 19, section 19C or section 19D to sell all alcoholic beverages or only wines and malt beverages may discount any alcoholic beverages during a specified time period subject to ordinance, by-law, or other limitations of the city and town and; provided, however, that: (i) the prices of alcoholic beverages shall not be changed during the time period during which they are discounted; (ii) alcoholic beverages shall not be discounted between the hours of 10 p.m. and the licensed establishment’s closing hour; and (iii) notice of the discount of the alcoholic beverages during the time period specified shall be posted on the licensed premises and on the licensee’s publicly available website not less than 3 days prior to the specified time. Authorized persons may advertise events permitted under this statute consistent with local approval.
Section 33E. (a) For the purposes of this section, “licensed establishment” shall mean an establishment holding a license for the sale of alcoholic beverages, whether all alcoholic beverages or wines and malt beverages only, to be drunk on the premises pursuant to this chapter.
(b) In a city or town that accepts this section in the manner provided in section 4 of chapter 4, a local licensing authority may designate areas in that city or town in which alcoholic beverages are permitted to be consumed in public spaces, subject to such restrictions as the city or town may deem appropriate; provided, however, that the local licensing authority shall immediately notify the commission about any areas designated for public consumption of alcoholic beverages after so designating. Alcohol consumed within a designated district shall be limited to alcoholic beverages sold by participating licensed establishments located within the designated district.
(c) A local licensing authority in a city or town may allow a licensed establishment to sell alcoholic beverages for off-premises consumption in districts designated pursuant to this section. Only licensed establishments located within a district designated pursuant to this section may sell alcoholic beverages to be consumed off premises within the district.
(d) This section shall not be construed to permit a licensed establishment to sell any type or category of alcohol beyond the type or category of alcohol that the licensed establishment is permitted to sell under the license issued to it by the local licensing authority pursuant to this chapter.
Representative Joseph D. McKenna, An act returning liquor license control to municipalities, H.437, 194th Gen. Ct. (Mass., 2025)
SECTION 1. Section 12 of chapter 138 of the General Laws, as so appearing, is hereby amended by striking out, in lines 79 to 81, inclusive, the words “, notwithstanding any limitation on the number of licenses the city or town is authorized to grant in section 17,” and inserting in place thereof the following words:- pursuant to the municipal plan as required by section 17.
SECTION 2. Said section 12 of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 107 to 109, inclusive, the words “and irrespective of any limitation of number of licenses contained in section seventeen”.
SECTION 3. The sixth paragraph of said section 12 of said chapter 138, as so appearing, is hereby amended by striking out the second sentence.
SECTION 4. Said section 12 of said chapter 138, as so appearing, is hereby further amended by inserting after the word “antemeridian”, in lines 150 and 155, each time it appears, the following words:- , except in a city or town that is serviced by the Massachusetts Bay Transportation Authority’s late-night service as authorized by chapter 161A if the local governing body of such city or town accepts this provision.
SECTION 5. Said section 12 of said chapter 138, as so appearing, is hereby further amended by adding the following 4 paragraphs:-
All licenses issued under this section pursuant to a new license application that is filed after July 1, 2016 shall be non-transferable and a licensing authority shall not approve the transfer of such license.
If the license granted under this section is cancelled, revoked or no longer in use by the license holder, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority.
If a license holder closes or terminates the license holder’s business, or sells or transfers the license holder’s business, the license holder shall return the license physically, with all of the legal rights, privileges and restrictions pertaining thereto to the licensing authority. The licensing authority may then in its discretion grant a license to a qualified new applicant at a different location according to the standard for a new license.
A license may be re-issued by the licensing authority at the same location only if an applicant for the license files with the local licensing authority a letter from the department of revenue and any applicable government agency indicating that the license is in good standing with the department and agency and that all applicable taxes, payments, assessments and contributions for unemployment and health insurance have been paid. If a license is granted under this section then cancelled, revoked or no longer in use, and then re-issued to a new applicant at the same location and the prior license holder at that location was reported as delinquent as specified in section 25, the name of the new license applicant shall appear in the place and stead of the former license holder, as of the date of the new license being issued, unless the alcoholic beverages control commission otherwise orders in writing, for good cause, after a hearing with notice to all parties.
SECTION 6. The first paragraph of section 14 of said chapter 138, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- Special licenses for the sale of all alcoholic beverages or wine and malt beverages only, or any of them, may be issued, as determined by the municipality, by the local licensing authorities to the responsible manager of any indoor or outdoor activity or enterprise or to the responsible manager of any nonprofit organization conducting any indoor or outdoor activity or enterprise.
SECTION 7. Section 16A of said chapter 138, as so appearing, is hereby amended by striking out, in line 12, the word “so” and inserting in place thereof the following words:- as determined by a municipality to be.
SECTION 8. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 15 and 16, the words “, to the extent that the same are issuable under section seventeen”.
SECTION 9. Said section 16A of said chapter 138, as so appearing, is hereby further amended by striking out, in line 19, the words “for the purposes of section seventeen”.
SECTION 10. Section 17 of said chapter 138, as so appearing, is hereby amended by striking out the introductory paragraph and the first 6 paragraphs and inserting in place thereof the following 3 paragraphs:-
Section 17. A city or town shall determine the number of all alcoholic beverage or wines and malt beverage licenses to be issued by its local licensing authority under sections 12, 14 and 15F, including the number of seasonal licenses; provided, that for licenses issued under section 15, cities and towns may grant 1 such license for each population unit of 5,000 or any additional fraction thereof but may, regardless of population, grant at least 2 licenses under section 15.
A city or town that seeks to grant additional licenses on or after January 1, 2018 shall adopt a plan that is approved by the mayor, city council or board of selectmen. The plan shall determine the process for granting additional licenses; provided, however, that: (i) at least 1 public hearing regarding the plan shall be conducted by the city council, board of selectmen or governing body of the city or town; and (ii) the city or town shall notify the alcoholic beverages control commission of the public hearing.
The governing body of each city or town shall hold a public hearing regarding a license application within 30 days of the date of the license application.
SECTION 11. Sections 17A to 17C, inclusive, of said chapter 138, as so appearing, are hereby repealed.
SECTION 12. Section 29 of said chapter 138, as so appearing, is hereby amended by striking out, in lines 22 to 24, inclusive, the words “; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen”.
SECTION 13. Sections 3, 6, and 10 of chapter 193 of the acts of 2011 are hereby repealed.
SECTION 14. On or after January 1, 2018, the number of licenses then authorized under section 17 of chapter 138 of the General Laws shall continue unless changed by the governing body of a city or town under said section 17 of said chapter 138.
| Date published: | October 13, 2026 |
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