Massachusetts General Laws ch. 138 sec. 2 – Manufacture and sale of alcoholic beverages
Section 2. No person shall manufacture, with intent to sell, sell or expose or keep for sale, store, transport, import or export alcoholic beverages or alcohol, except as authorized by this chapter; but the provisions of this chapter shall not apply to sales, storage or transportation by a person or public officer under a provision of law which requires him to sell personal property, or to sales, storage or transportation by executors, administrators, receivers and trustees duly authorized by proper judicial order or decree, except that any receiver or trustee in bankruptcy or otherwise appointed by any court, who is authorized by said court to conduct in whole or in part any business, authority to grant a license for which is given by this chapter, or who does conduct any such business in whole or in part, shall be subject to all provisions of the sections under which their licenses were issued and to all other provisions of this chapter applicable to such business the same as if it were conducted by an individual, partnership or corporation. No alcoholic beverage which has been damaged by fire or other casualty may be offered for sale in the commonwealth and any such beverage shall be destroyed by the owner on such terms and conditions as the commission shall determine. Notwithstanding any other provision of this section, beer or other malt beverage, which has been determined by the alcoholic beverages control commission, to have been damaged by fire or other casualty shall not be offered for sale in the commonwealth and shall be destroyed by the owner on such terms and conditions as said commission shall determine. Any holder of a license under this chapter may pledge or mortgage to secure a loan or debt any alcoholic beverages or alcohol which he is authorized to sell and the pledgee or mortgagee acting in conformity with the terms of such pledge or mortgage may sell, store and transport such alcoholic beverages or alcohol subject to such conditions and restrictions as the commission may prescribe; provided, that no such pledge or mortgage shall be given or made to a person holding any interest in a business licensed under this chapter. Violation of any provision of this section shall be punished except as provided in section twenty-two by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than one year, or both.
Terms Used In Massachusetts General Laws ch. 138 sec. 2
- Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Personal property: All property that is not real property.
- Trustee: A person or institution holding and administering property in trust.