Mass. Gen. Laws ch. 138 – Alcoholic Liquors | Midpage1Definitions2Manufacture and sale of alcoholic beverages2ASale, manufacture or possession of powdered alcohol prohibited; exceptions3Manufacture and storage of alcoholic beverages for private use4Licensing boards; appointments; membership5Terms of office of licensing board; removal; review; notice; fee6Chairman of licensing board; quorum; vacancies7Offices of licensing board; salaries; expenses8Limitation of Sec. 79Records of licensing boards; quarterly reports; sworn statements10Cities exempt from operation of six preceding sections; residency requirement of board or commission members10AAnnual report of local licensing authorities to commission10BAuthority to declare office of member of board vacant11Questions to be placed on ballot at biennial state election11ASubmission of question at special and regular municipal elections; petition; taverns12Licenses authorizing sale of beverages to be drunk on premises; veterans' organizations, corporations, etc.; suspension or revocation; hours of sale; liqueurs and cordials; liquor legal liability insurance requirement12 1/2Sale of mixed drinks for off-premises consumption12ARenewal of licenses to conduct restaurant; investigations12BOperation of premises licensed to sell alcoholic beverages; nudity12CAnnual caterer's license for sale of alcoholic beverages at private catering event; written notice; penalties for violation12DLicenses for wine and malt beverage; fees13Licensing of railroad or car and airline corporations; vessel owners and operators; shipping companies and ship chandlers14Special licenses to managers of indoor or outdoor activities; fees14ALicense for sale of wine, malt beverages and distilled spirits at auction; fee; time for auction; sample wine, malt beverages and distilled spirits tastings15Licensing authorizing sale of beverages not to be drunk on premises; applications; approval; price lists; renewals; fees; hours of sales; samples15AApplication 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 licenses15FSpecial license for sale of alcoholic beverages produced by farmer-winery, farmer-brewer or farmer-distillery for off-premises consumption at indoor or outdoor agricultural event16Dilution, changing or tampering with alcoholic beverages; suspension of license; prima facie evidence16ARenewal of annual licenses; number limitation; rejection of application; appeal16BTime within which application for licenses shall be granted or dismissed; notice of approval; number of applications16CLicenses for premises located near schools or churches17Number 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 town17AGrant of additional licenses for sale of alcoholic beverages drunk on premises17BGrant of additional licenses for sale of alcoholic beverages drunk off premises17CGrant of additional licenses under former law for sale of alcoholic beverages drunk on premises18Wholesalers' and importers' licenses; compounding, blending, warehousing, and shipping of alcoholic beverages; fees; records18ALicenses for agents or brokers of foreign manufacturers and importers; records; fees18BIssuance 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 certificates18CLicense to import alcoholic beverages in connection with manufacture of food products; fees19Licenses to manufacture alcoholic beverages; sale by manufacturer; blending of alcoholic beverages; marks to identify manufacturer; records of manufacturer; fees19APermits for salesmen to solicit orders for alcoholic beverages19BFarmer-winery licenses; hearing; appeal; notices to interested parties; operation of winery; records; fees19CFarmer-brewery licenses; hearing; appeal; notices to interested parties; operation of brewery; records; fees19DPub brewery licenses; hearings; records; fees19EFarmer-distillery licenses; applicants; requirements; evidentiary hearings; written notice of applications; schools and churches; fees19FDirect wine shipper licenses; regulation and enforcement by commission19GTenant brewer license; applications; importation of raw materials; record keeping and reporting; fees19HLicense to sell for on-premises consumption alcoholic beverages produced by person holding Sec. 19B, 19C or 19E license20Storage permits; special warehouse permits; special seasonal permits; fees; rules and regulations20AStorage permits for public warehousemen21Liability of manufacturer, winegrower, farmer-brewer, wholesaler, importer and licensee for excise; fines; administration of tax22Transportation of alcoholic beverages; permits; fees; railroads or vessels; trucking businesses; production of permit upon demand22APermits to holders or former holders of licenses authorizing sales to licensees; fees; excises; permits for researchers23Nature 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 loans23ASuspension of license or permit for violation of fair trade laws23BRetention of license where premises of licensee taken by public authority; transfer application; reservation of license; rebate of fee; renewal application24Promulgation of regulations by commission; approval25Lending or borrowing money or receipt of credit by licensees25ADiscrimination in prices and discounts prohibited25BFiling of schedules; inspection25CFiling of schedule of minimum consumer prices; verification; filing and effective dates; inspection; rules and regulations25DPrice discrimination25ERefusal to sell brand name alcoholic beverages to wholesalers as unfair trade practice; exception for good cause; discontinuance notice and procedure25E 1/2Brewery termination of right to distribute25E 3/4Severability of Section 25E 1/225FProvision of free wine, malt beverages, liqueurs, cordials and alcoholic beverages for tastings; limits; requirements26Issuance of license and permit to aliens; appointment of local manager or principal representative by foreign corporations27Crediting of fees for licenses and permits to general fund; payment of fees for licenses and permits granted by local authorities into local treasuries28Sale of alcoholic beverage to churches, religious societies, hospitals, homes for aged people and to manufacturers of food products29Use and sale of alcoholic beverages by registered pharmacists; prescriptions; prescription books; sales in original sealed packages30Issuance of certificate of fitness to registered pharmacist; fee; revocation30ARegistered pharmacists' licenses to sell alcoholic beverages without prescription; hours of sales30BKinds of licenses issued to druggists under Sec. 30A; transfers30CTermination of druggist's license upon cessation of business30DCertificate of purchaser; sales of alcoholic beverages by retail pharmacists licensed under Sec. 30A30ERecord book of registered pharmacists of sales of alcoholic beverages; form of certificate30FInspection of books, certificates and prescriptions30GIllegal sale of alcoholic beverages in name of registered pharmacist30HPossession or transportation of alcoholic beverages not authorized to be sold as prima facie evidence of violation of chapter32Hawking or peddling of alcoholic beverages33Sales and delivery of alcoholic beverages on election days, Sundays and legal holidays33ASales of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays; sales between 1:00 A.M. and 2:00 A.M.33BSales of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays; sales between 10:00 A.M. and 12:00 noon34Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age34APersons under twenty-one years; purchase or attempt to purchase alcoholic beverages34BLiquor purchase identification cards34CMinors; operation of motor vehicle containing alcoholic beverage; suspension of driver's license34DPosting notices of penalties for driving while under influence and driving while drinking from open container of alcohol34EImmunity from prosecution under Secs. 34, 34A or 34C for persons seeking medical assistance for alcohol-related incapacitation35Sales of alcoholic beverages outside limits of reservations or boulevards36Analysis of alcoholic beverages by department of state police37Certificate accompanying sample of beverages to be analyzed; contents38Forms of commission39Tampering with samples of alcoholic beverages40Analysis of alcoholic beverages by court order; fee41Delivery of alcoholic beverages as prima facie evidence of sale42Issuance of search warrant43Search of dwelling house44Sufficiency of complaint and warrant45Search of premises; seizure of alcoholic beverages46Searches and seizures without warrant47Notice to keeper of alcoholic beverages to appear and answer complaint; forfeiture of seized beverages48Notice; contents; service49Postponement of trial50Admission 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 beverages51Disposition of forfeited alcoholic beverages and vessels52Return of alcoholic beverages not forfeited; order; endorsement53Forfeiture and disposition of implements and furniture54Cost of proceedings55Appeal56Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures57Notification of licensing authorities of conviction of holder of license, permit or certificate58Notice of conviction of tenant to owner of building used for illegal keeping or sale59Forms used in prosecutions60Common nuisances61Buildings used by clubs for selling and distributing alcoholic beverages as common nuisances62Penalties for violations of chapter63Entry of licensing authorities upon licensed premises; taking of samples63AHindering or delaying investigator, inspector or agent of commission64Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds; special gaming establishment contract vendor alcoholic beverage license and special gaming establishment self-owned vendor alcoholic beverage license64ASale of alcohol to person under 21 or intoxicated person; sanctions; liability insurance64BInsurance policy required by licensing authority; disclosure to insurer; proof of new insurance65Delivery of license upon suspension, revocation, cancellation or forfeiture66Separability of provisions of chapter67Appeals on refusal to grant or revocation of license; hearing; notice of approval; revocation by commission; reappeal68Sales or deliveries of alcoholic beverages in times of riot or great public excitement69Sale or delivery to intoxicated persons70Issuance of license or permit upon payment of fee; bond71Effective date of rules; approval of governor76Licenses for manufacture, transportation, and sale of alcohol for mechanical, manufacturing or chemical purposes; fees77Cancellation of license upon cessation of licensed business78Book entries at time of sale of alcohol; form79Issuance of special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license