FAQs • Provincetown • CivicEngage

Is the ABCC required to accept from a licensee a fine as an offer in compromise in lieu of suspension?: No. The ABCC may accept an offer in compromise in lieu of suspension from a licensee or certificate of compliance holder (an out-of-state supplier) if they petition the ABCC to accept this offer in compromise within twenty (20) calendar days following notice of a suspension of the license. The fine to be paid is calculated according to the formula set out in Section 23 of Chapter 138: Fifty percent of the per diem gross profit multiplied by the number of license suspension days, with the gross profit to be determined as gross receipts on alcoholic beverage sales less the invoiced cost of goods sold per diem. In no event is the fine less than $40.00 per day. It is worth noting that Local Licensing Authority ’s are not authorized to accept "fines in lieu." * - from mass.gov/abcc

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Licensing - Alcohol

1. When does an individual need a license?: State law prohibits sale, storage, transportation, importing, exporting, manufacturing with the intent to sell, keeping for sale and exposing for sale without a license. If any individual conducts such activities without a license they are in violation of Chapter 138 “The Liquor Control Act” and will be prosecuted criminally. (Note: That a specific state law states the DELIVERY OF ALCOHOLIC BEVERAGES in or from any place that is not a private dwelling house is presumed to be a sale.) * - from mass.gov/abcc

2. How many classifications of retail licenses exist?

Under the Liquor Control Act (M.G.L. Chapter 138), local licensing authorities may grant three classifications of retail licenses:

* - from mass.gov/abcc

3. What are the four categories of retail liquor licenses?

Liquor licenses fall into one of four categories:

In certain cities and towns that choose to accept a specific state law, certain businesses that hold a wine and malt beverages license under Section 12 of M.G.L. Chapter 138 as well as a common victualler’s license may be given a permit to sell also cordials and liqueurs. This cordials and liqueurs permit must be granted by the Local Licensing Authority with the approval of the ABCC. * - from mass.gov/abcc

4. How many different types of pouring licenses are there?: Six different kinds of pouring licenses exist. They are: Hotel, Restaurant, Tavern, Club, General-On-Premises and War Veterans Club. * - from mass.gov/abcc

5. Can a patron bring their own alcohol into my establishment?: No, patrons can not bring their own alcohol into an establishment that has a liquor license.

6. How long does a licensee have to appeal to the Alcoholic Beverage Control Commission (ABCC) a decision made by the local licensing authority?: A licensee has five days from receipt of the written decision to appeal to the ABCC a decision made by the Local Licensing Authority . The ABCC has decided that the five days are business days. * - from mass.gov/abcc

7. How long does a licensee have to appeal a decision made by the ABCC?: Thirty calendar days from receipt of the written decision are granted to an establishment to appeal to Superior Court a decision made by the ABCC. * - from mass.gov/abcc

8. Can a retailer use his/her license to secure a loan?: Yes, but only under certain conditions. Massachusetts Law states that "any license granted under the provision of this chapter may be pledged for a loan provided approval of such a loan and pledge is given by the local licensing authority and the Commission [ABCC]." * - from mass.gov/abcc

9. What are the different kinds of liquor assets/property that can be pledged?

The law permits three different kinds of liquor assets/property to be pledged. These are:

* - from mass.gov/abcc

10. Do Local Licensing Authority's set the hours during which restaurants can serve alcoholic beverages on weekdays?: To a limit. Massachusetts State Law says that restaurants cannot be barred from serving alcohol between 11:00 a.m.-11:00 p.m. Local Licensing Authority ’s may grant extended opening hours between 8:00 a.m. and 11:00 a.m. and extended closing hours between 11:00 p.m. and 2:00 a.m. In no event can sales be made between 2:00 a.m. and 8:00 a.m. * - from mass.gov/abcc

11. Can everyone bring their own beer, wine, or other alcoholic beverages into an establishment (so-called “BYOB”)?: Not if the establishment has a liquor license. If the establishment has a liquor license, then no one can carry onto the premises their own beer, wine or other alcoholic beverages for their own private consumption (so-called “BYOB” or “brown-bagging”). If the establishment does not have a liquor license, then one must check with the city/town in which the establishment is located to learn if there is any local law dealing with bringing one's own beer onto an establishment for personal consumption. * - from mass.gov/abcc

12. What forms of identification are acceptable to prove that someone is twenty one years of age or older, so that person may be served, delivered, or allowed to possess or purchase alcoholic beverage

If a licensee is charged with permitting the service, delivery, or possession of alcoholic beverages by a person under twenty one years of age, under current state law, a licensee has a defense only if the licensee can affirmatively prove that prior to permitting the service, delivery or possession of alcoholic beverages by a person, the licensee requested, was shown, examined and reasonably relied on either:

Reliance by a licensee on any other form of identification to determine proof of age does not give the licensee a defense. As of December 1, 2012, neither the state Liquor Control Act nor the regulations of the ABCC require identification to be checked as a condition to selling or delivering an alcoholic beverage to any person (except in the case of certain deliveries to consumers at their homes or offices). Each licensee is left to decide for itself what policy to establish on checking identification prior accepting orders for, selling and delivering alcoholic beverages. Some licensees adopt a conservative policy, as they may legally do under the Liquor Control Act and the ABCC regulations, and require proof of age from any person who appears to be younger than thirty years of age and accept as proof of age only the six pieces of identification that give a licensee a defense to any criminal conviction, civil liability and/or administrative prosecution.

Therefore, while a licensee may choose to rely upon any form of identification to obtain proof of age, only these specific six forms of identification provide a defense to a charge of service, delivery, or possession of alcoholic beverages by a person under twenty-one years of age. * - from mass.gov/abcc

13. Do restaurants, hotels, function halls and package stores need to meet certain requirements while conducting a wine tasting, malt beverages and spirit tastings?

Yes. Restaurants, hotels, and function halls holding wine, malt beverages and spirits tasting must provide food with the alcoholic beverages and they must not solicit orders for any off-premises consumption. The manager of the restaurant, hotel, or function hall is responsible for controlling the dispensing of the alcoholic beverages and the size of each serving is limited to the following amounts:

Package stores may not charge for any wine, malt beverages or spirits tasting and they must also limit the above stated serving sizes. All alcoholic beverages tasted must also be available for sale on such premises. * - from mass.gov/abcc

14. Can Section 12 (on-premises) establishments with wine and malt licenses serve cordials and liqueurs?: Yes. On January 14, 1994, Chapter 481 of the Acts of 1993 was signed which allows cities and towns, which vote to accept the provisions of the law, to permit common victualler’s licensed to sell wine and malt beverages under M.G.L. Chapter 138, Section 12 to also sell liqueurs and cordials, subject to approval of the Local Licensing Authority and the ABCC. * - from mass.gov/abcc

15. Is the ABCC required to accept from a licensee a fine as an offer in compromise in lieu of suspension?: No. The ABCC may accept an offer in compromise in lieu of suspension from a licensee or certificate of compliance holder (an out-of-state supplier) if they petition the ABCC to accept this offer in compromise within twenty (20) calendar days following notice of a suspension of the license. The fine to be paid is calculated according to the formula set out in Section 23 of Chapter 138: Fifty percent of the per diem gross profit multiplied by the number of license suspension days, with the gross profit to be determined as gross receipts on alcoholic beverage sales less the invoiced cost of goods sold per diem. In no event is the fine less than $40.00 per day. It is worth noting that Local Licensing Authority ’s are not authorized to accept "fines in lieu." * - from mass.gov/abcc

16. Can a retail package store use a coupon to advertise or give a discount in the price of alcoholic beverages?: No. State law requires a package store to establish and post a list of prices for all products sold. All sales must be made at those posted prices. There can only be one set of prices for one licensed premises. Therefore, a package store cannot sell alcoholic beverages at different prices to different groups of people, namely those who have the coupon and those that do not. * - from mass.gov/abcc

17. Can a bar, restaurant, or hotel offer a free drink?: No. A bar, restaurant or hotel cannot offer any free drinks. However, a bar, restaurant, or hotel can include a drink as part of a meal package under certain circumstances. The ABCC's "Happy Hour" Regulation should be consulted for further information. * - from mass.gov/abcc

18. Can a restaurant allow a patron to go home with a bottle of wine purchased with dinner?: Yes. “The Alcoholic Beverages Control Commission hereby promulgates a new regulation 204 C.M.R. 2.18, Resealing of Partially Consumed Bottles of Wine. The Commission promulgates this new regulation as an emergency regulation based upon the Commission’s findings that this new regulation is required by M.G.L. c. 138, § 12, as amended by Acts 2006, Chapter 33, § 3, is needed for the preservation of public safety and general welfare, and observance of the requirements of notice would be contrary to the public interest since this regulation sets requirements on how any restaurant or hotel type licensee must reseal a partially consumed bottle of wine purchased with a meal by a patron to permit the patron to carry so much as may remain of a bottled wine purchased by the patron in conjunction with a meal and not totally consumed by the patron during such meal.” See the full regulation by CLICKING HERE.

19. Can a bar, restaurant, or hotel increase the price for alcoholic beverages during the evenings when they have entertainment?: No. Alcoholic beverages must be sold to all persons at the same price for a calendar week. An on-premises licensee cannot change its prices – up or down -- during the week. * - from mass.gov/abcc

20. Can a licensee change a manager, stockholder, officer, director, the holder of an interest in the license or take on a new partner or investor at any time?: No. Any changes of a licensed manager, stockholder, officer, director, change in beneficial interest or the addition of a new partner or investor is not legal unless and until the new individual(s) is (are) approved by both the local licensing authority and the ABCC. * - from mass.gov/abcc

21. When can I start selling and allowing my customers to drink alcoholic beverages on my newly added patio area?: No sales or consumption of any alcoholic beverages can be allowed by the license holder in the patio area unless and until the changes to their location are approved by both the Local Licensing Authority , the ABCC and a new amended license (with the approved changes added to the description of premises) is issued. * - from mass.gov/abcc