Prepare for an Appeal or Violation Hearing

The Alcoholic Beverages Control Commission ("ABCC") holds hearings on issues related to both state and retail licenses.

Retail license hearings fall into four categories:

1. A licensee's appeal of a Local Licensing Authority's denial of a license application;
2. A licensee's appeal of a Local Licensing Authority's enforcement action (suspension, modification, cancellation or revocation of a retail license);
3. An ABCC informational hearing on a license application;
4. An ABCC direct enforcement action (suspension, modification, cancellation or revocation of a retail license).

State-issued license hearings fall into three categories:

1. An ABCC informational hearing on a license application;
2. An ABCC Investigator's enforcement action (suspension, modification, cancellation or revocation of a state-issued license); and,
3. A wholesaler's petition pursuant to M.G.L. c. 138, § 25E, for relief from a supplier's refusal to sell a brand or petition for determination of good cause to terminate sales of a brand from a supplier to a wholesaler.

Timeframe to File an Appeal

Whenever a LLA denies an application for a new license, refuses to issue a license, suspends, revokes, modifies or cancels a license, or denies an application for transfer, it must mail a notice of such action to the applicant or licensee and the ABCC. The notice must state the reason for such action. The applicant or licensee must appeal the action of the LLA to the ABCC within 5 BUSINESS DAYS of receipt of the LLA's written decision. On new license applications, the applicant can also appeal if the LLA does not act within 30 days of receipt of the application within 5 BUSINESS DAYS after the 30-day period expires. 

Timeframes for Hearings

Informational hearings regarding license applications are typically scheduled within 2 weeks after the ABCC receives the hearing request.

ABCC Investigator’s enforcement hearings are generally scheduled within 30 days after the ABCC issues its notice of violation hearing.

Hearings on a petition for relief pursuant to M.G.L. c. 138, § 25E, from a supplier’s refusal to sell a brand or a petition for determination of good cause to terminate sales of a brand from a supplier to a wholesaler are scheduled to occur within 110 days of the filing of the petition/request for determination.

After the hearing before the ABCC is concluded, the ABCC will take the matter under advisement and issue a written decision, which will be mailed to the parties and their counsel and/or personal representatives. 

A party aggrieved by a decision of the ABCC has 30 days to appeal to the Superior Court.

Appeal Notices

The ABCC provides written notice of scheduled hearings, including the date, time, and required documentation.

Submission of Exhibits and Pre-Trial Memorandum

Parties to an appeal are required to file a jointly prepared Pre-Hearing Memorandum attaching the proposed exhibits and witness list with the ABCC prior to the scheduled hearing. Failure to file this Pre-Hearing Memorandum may result in proposed exhibits being excluded, the appeal being dismissed, or other appropriate sanctions. 

Rules of Procedure

ABCC hearings are conducted pursuant to the Massachusetts Administrative Procedures Act, M.G.L. c. 30A and the Informal Rules of Adjudicatory Practice and Procedure, codified in 801 CMR 1.02 et seq. The procedures on this page are based on these regulations as well as agency policy.

Postpone Your Hearing (Request a Continuance)

Mutual requests to continue a hearing are generally allowed by the ABCC. The re-scheduled date will be subject to ABCC availability. 

To request a continuance, the party seeking the continuance should submit a written request at the earliest possible time, preferably at least seven (7) days before the event.  The request should include good cause for requesting a continuance.  Whenever possible, the parties should confer before the request is submitted, to determine if another party is opposed to postponement.  The written request should state whether any party opposes the request.  In the ordinary course, if a request for a continuance is not assented to, it will not be ruled upon until any written opposition has been submitted.  If another party’s position on the request is unknown, the party seeking the continuance should detail what efforts were made to contact the other party for their assent.

Request Copies of Hearing Recordings

ABCC hearings are audio-recorded. To obtain a copy of a recording, you may make a request in one of the following ways:

Email: [e-mail]

By fax: [phone]

In person or by mail to: Alcoholic Beverages Control Commission

ATTENTION: TAPE REQUESTS
95 Fourth St, Suite 3
Chelsea, MA 02150

The request should contain the case name and hearing date and time and your address to receive the recording.