General Laws of Massachusetts (Last Updated: January 16, 2020) |
PART I ADMINISTRATION OF THE GOVERNMENT |
TITLE XX. PUBLIC SAFETY AND GOOD ORDER |
CHAPTER 138. ALCOHOLIC LIQUORS |
SECTION 1. Definitions |
SECTION 2. Manufacture and sale of alcoholic beverages |
SECTION 2A. Sale, manufacture or possession of powdered alcohol prohibited; exceptions |
SECTION 3. Manufacture and storage of alcoholic beverages for private use |
SECTION 4. Licensing boards; appointments; membership |
SECTION 5. Terms of office of licensing board; removal; review; notice; fee |
SECTION 6. Chairman of licensing board; quorum; vacancies |
SECTION 7. Offices of licensing board; salaries; expenses |
SECTION 8. Limitation of Sec. 7 |
SECTION 9. Records of licensing boards; quarterly reports; sworn statements |
SECTION 10. Cities exempt from operation of six preceding sections; residency requirement of board or commission members |
SECTION 10A. Annual report of local licensing authorities to commission |
SECTION 10B. Authority to declare office of member of board vacant |
SECTION 11. Questions to be placed on ballot at biennial state election |
SECTION 11A. Submission of question at special and regular municipal elections; petition; taverns |
SECTION 12A. Renewal of licenses to conduct restaurant; investigations |
SECTION 12B. Operation of premises licensed to sell alcoholic beverages; nudity |
SECTION 12C. Annual caterer's license for sale of alcoholic beverages at private catering event; written notice; penalties for violation |
SECTION 13. Licensing of railroad or car and airline corporations; vessel owners and operators; shipping companies and ship chandlers |
SECTION 14. Special licenses to managers of indoor or outdoor activities; fees |
SECTION 14A. License for sale of wine, malt beverages and distilled spirits at auction; fee; time for auction; sample wine, malt beverages and distilled spirits tastings |
SECTION 15. Licensing authorizing sale of beverages not to be drunk on premises; applications; approval; price lists; renewals; fees; hours of sales; samples |
SECTION 15B. Repealed, 1990, 69, Sec. 2 |
SECTION 15C. Repealed, 1991, 1, Sec. 2 |
SECTION 15D, 15E. Repealed, 1993, 313, Sec. 2 |
SECTION 15F. Special license for sale of wine produced by farmer-winery for off-premises consumption at indoor or outdoor agricultural event |
SECTION 16. Dilution, changing or tampering with alcoholic beverages; suspension of license; prima facie evidence |
SECTION 16A. Renewal of annual licenses; number limitation; rejection of application; appeal |
SECTION 16B. Time within which application for licenses shall be granted or dismissed; notice of approval; number of applications |
SECTION 16C. Licenses for premises located near schools or churches |
SECTION 16D. Repealed, 2000, 64 |
SECTION 17A. Grant of additional licenses for sale of alcoholic beverages drunk on premises |
SECTION 17B. Grant of additional licenses for sale of alcoholic beverages drunk off premises |
SECTION 17C. Grant of additional licenses under former law for sale of alcoholic beverages drunk on premises |
SECTION 18. Wholesalers' and importers' licenses; compounding, blending, warehousing, and shipping of alcoholic beverages; fees; records |
SECTION 18A. Licenses for agents or brokers of foreign manufacturers and importers; records; fees |
SECTION 18C. License to import alcoholic beverages in connection with manufacture of food products; fees |
SECTION 19. Licenses to manufacture alcoholic beverages; sale by manufacturer; blending of alcoholic beverages; marks to identify manufacturer; records of manufacturer; fees |
SECTION 19A. Permits for salesmen to solicit orders for alcoholic beverages |
SECTION 19B. Farmer-winery licenses; hearing; appeal; notices to interested parties; operation of winery; records; fees |
SECTION 19C. Farmer-brewery licenses; hearing; appeal; notices to interested parties; operation of brewery; records; fees |
SECTION 19D. Pub brewery licenses; hearings; records; fees |
SECTION 19E. Farmer-distillery licenses; applicants; requirements; evidentiary hearings; written notice of applications; schools and churches; fees |
SECTION 19F. Direct wine shipper licenses; regulation and enforcement by commission |
SECTION 19G. Tenant brewer license; applications; importation of raw materials; record keeping and reporting; fees |
SECTION 19H. License to sell for on-premises consumption alcoholic beverages produced by person holding Sec. 19B, 19C or 19E license |
SECTION 20. Storage permits; special warehouse permits; special seasonal permits; fees; rules and regulations |
SECTION 20A. Storage permits for public warehousemen |
SECTION 21. Liability of manufacturer, winegrower, farmer-brewer, wholesaler, importer and licensee for excise; fines; administration of tax |
SECTION 22. Transportation of alcoholic beverages; permits; fees; railroads or vessels; trucking businesses; production of permit upon demand |
SECTION 22A. Permits to holders or former holders of licenses authorizing sales to licensees; fees; excises; permits for researchers |
SECTION 23A. Suspension of license or permit for violation of fair trade laws |
SECTION 23B. Retention of license where premises of licensee taken by public authority; transfer application; reservation of license; rebate of fee; renewal application |
SECTION 24. Promulgation of regulations by commission; approval |
SECTION 25. Lending or borrowing money or receipt of credit by licensees |
SECTION 25A. Discrimination in prices and discounts prohibited |
SECTION 25B. Filing of schedules; inspection |
SECTION 25C. Filing of schedule of minimum consumer prices; verification; filing and effective dates; inspection; rules and regulations |
SECTION 25D. Price discrimination |
SECTION 25E. Refusal to sell brand name alcoholic beverages to wholesalers as unfair trade practice; exception for good cause; discontinuance notice and procedure |
SECTION 25F. Provision of free wine, malt beverages, liqueurs, cordials and alcoholic beverages for tastings; limits; requirements |
SECTION 26. Issuance of license and permit to aliens; appointment of local manager or principal representative by foreign corporations |
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 |
SECTION 28. Sale of alcoholic beverage to churches, religious societies, hospitals, homes for aged people and to manufacturers of food products |
SECTION 29. Use and sale of alcoholic beverages by registered pharmacists; prescriptions; prescription books; sales in original sealed packages |
SECTION 30. Issuance of certificate of fitness to registered pharmacist; fee; revocation |
SECTION 30A. Registered pharmacists' licenses to sell alcoholic beverages without prescription; hours of sales |
SECTION 30B. Kinds of licenses issued to druggists under Sec. 30A; transfers |
SECTION 30C. Termination of druggist's license upon cessation of business |
SECTION 30D. Certificate of purchaser; sales of alcoholic beverages by retail pharmacists licensed under Sec. 30A |
SECTION 30E. Record book of registered pharmacists of sales of alcoholic beverages; form of certificate |
SECTION 30F. Inspection of books, certificates and prescriptions |
SECTION 30G. Illegal sale of alcoholic beverages in name of registered pharmacist |
SECTION 30H. Possession or transportation of alcoholic beverages not authorized to be sold as prima facie evidence of violation of chapter |
SECTION 31. Repealed, 1962, 333 |
SECTION 32. Hawking or peddling of alcoholic beverages |
SECTION 33. Sales and delivery of alcoholic beverages on election days, Sundays and legal holidays |
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. |
SECTION 33B. Sales of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays; sales between 10:00 A.M. and 12:00 noon |
SECTION 34. Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age |
SECTION 34A. Persons under twenty-one years; purchase or attempt to purchase alcoholic beverages |
SECTION 34B. Liquor purchase identification cards |
SECTION 34C. Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver's license |
SECTION 34D. Posting notices of penalties for driving while under influence and driving while drinking from open container of alcohol |
SECTION 34E. Immunity from prosecution under Secs. 34, 34A or 34C for persons seeking medical assistance for alcohol-related incapacitation |
SECTION 35. Sales of alcoholic beverages outside limits of reservations or boulevards |
SECTION 36. Analysis of alcoholic beverages by department of state police |
SECTION 37. Certificate accompanying sample of beverages to be analyzed; contents |
SECTION 38. Forms of commission |
SECTION 39. Tampering with samples of alcoholic beverages |
SECTION 40. Analysis of alcoholic beverages by court order; fee |
SECTION 41. Delivery of alcoholic beverages as prima facie evidence of sale |
SECTION 42. Issuance of search warrant |
SECTION 43. Search of dwelling house |
SECTION 44. Sufficiency of complaint and warrant |
SECTION 45. Search of premises; seizure of alcoholic beverages |
SECTION 46. Searches and seizures without warrant |
SECTION 47. Notice to keeper of alcoholic beverages to appear and answer complaint; forfeiture of seized beverages |
SECTION 48. Notice; contents; service |
SECTION 49. Postponement of trial |
SECTION 51. Disposition of forfeited alcoholic beverages and vessels |
SECTION 52. Return of alcoholic beverages not forfeited; order; endorsement |
SECTION 53. Forfeiture and disposition of implements and furniture |
SECTION 54. Cost of proceedings |
SECTION 55. Appeal |
SECTION 56. Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures |
SECTION 57. Notification of licensing authorities of conviction of holder of license, permit or certificate |
SECTION 58. Notice of conviction of tenant to owner of building used for illegal keeping or sale |
SECTION 59. Forms used in prosecutions |
SECTION 60. Common nuisances |
SECTION 61. Buildings used by clubs for selling and distributing alcoholic beverages as common nuisances |
SECTION 62. Penalties for violations of chapter |
SECTION 63. Entry of licensing authorities upon licensed premises; taking of samples |
SECTION 63A. Hindering or delaying investigator, inspector or agent of commission |
SECTION 64. Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds |
SECTION 64A. Sale of alcohol to person under 21 or intoxicated person; sanctions; liability insurance |
SECTION 64B. Insurance policy required by licensing authority; disclosure to insurer; proof of new insurance |
SECTION 65. Delivery of license upon suspension, revocation, cancellation or forfeiture |
SECTION 66. Separability of provisions of chapter |
SECTION 67. Appeals on refusal to grant or revocation of license; hearing; notice of approval; revocation by commission; reappeal |
SECTION 68. Sales or deliveries of alcoholic beverages in times of riot or great public excitement |
SECTION 69. Sale or delivery to intoxicated persons |
SECTION 70. Issuance of license or permit upon payment of fee; bond |
SECTION 71. Effective date of rules; approval of governor |
SECTION 72 to 75. Repealed, 1934, 372, Sec. 1 |
SECTION 76. Licenses for manufacture, transportation, and sale of alcohol for mechanical, manufacturing or chemical purposes; fees |
SECTION 77. Cancellation of license upon cessation of licensed business |
SECTION 78. Book entries at time of sale of alcohol; form |