§ 1 Definitions
§ 2 Manufacture and sale of alcoholic beverages
§ 2A Sale, manufacture or possession of powdered alcohol prohibited; exceptions
§ 3 Manufacture and storage of alcoholic beverages for private use
§ 4 Licensing boards; appointments; membership
§ 5 Terms of office of licensing board; removal; review; notice; fee
§ 6 Chairman of licensing board; quorum; vacancies
§ 7 Offices of licensing board; salaries; expenses
§ 8 Limitation of Sec. 7
§ 9 Records of licensing boards; quarterly reports; sworn statements
§ 10 Cities exempt from operation of six preceding sections; residency requirement of board or commission members
§ 10A Annual report of local licensing authorities to commission
§ 10B Authority to declare office of member of board vacant
§ 11 Questions to be placed on ballot at biennial state election
§ 11A Submission of question at special and regular municipal elections; petition; taverns
§ 12 Licenses 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 requirement
§ 12A Renewal of licenses to conduct restaurant; investigations
§ 12B Operation of premises licensed to sell alcoholic beverages; nudity
§ 12C Annual caterer’s license for sale of alcoholic beverages at private catering event; written notice; penalties for violation
§ 13 Licensing of railroad or car and airline corporations; vessel owners and operators; shipping companies and ship chandlers
§ 14 Special licenses to managers of indoor or outdoor activities; fees
§ 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
§ 15 Licensing authorizing sale of beverages not to be drunk on premises; applications; approval; price lists; renewals; fees; hours of sales; samples
§ 15A Application 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 licenses
§ 15F Special license for sale of wine produced by farmer-winery for off-premises consumption at indoor or outdoor agricultural event
§ 16 Dilution, changing or tampering with alcoholic beverages; suspension of license; prima facie evidence
§ 16A Renewal of annual licenses; number limitation; rejection of application; appeal
§ 16B Time within which application for licenses shall be granted or dismissed; notice of approval; number of applications
§ 16C Licenses for premises located near schools or churches
§ 17 Number 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 town
§ 17A Grant of additional licenses for sale of alcoholic beverages drunk on premises
§ 17B Grant of additional licenses for sale of alcoholic beverages drunk off premises
§ 17C Grant of additional licenses under former law for sale of alcoholic beverages drunk on premises
§ 18 Wholesalers’ and importers’ licenses; compounding, blending, warehousing, and shipping of alcoholic beverages; fees; records
§ 18A Licenses for agents or brokers of foreign manufacturers and importers; records; fees
§ 18B Issuance 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 certificates
§ 18C License to import alcoholic beverages in connection with manufacture of food products; fees
§ 19 Licenses to manufacture alcoholic beverages; sale by manufacturer; blending of alcoholic beverages; marks to identify manufacturer; records of manufacturer; fees
§ 19A Permits for salesmen to solicit orders for alcoholic beverages
§ 19B Farmer-winery licenses; hearing; appeal; notices to interested parties; operation of winery; records; fees
§ 19C Farmer-brewery licenses; hearing; appeal; notices to interested parties; operation of brewery; records; fees
§ 19D Pub brewery licenses; hearings; records; fees
§ 19E Farmer-distillery licenses; applicants; requirements; evidentiary hearings; written notice of applications; schools and churches; fees
§ 19F Direct wine shipper licenses; regulation and enforcement by commission
§ 19G Tenant brewer license; applications; importation of raw materials; record keeping and reporting; fees
§ 19H License to sell for on-premises consumption alcoholic beverages produced by person holding Sec. 19B, 19C or 19E license
§ 20 Storage permits; special warehouse permits; special seasonal permits; fees; rules and regulations
§ 20A Storage permits for public warehousemen
§ 21 Liability of manufacturer, winegrower, farmer-brewer, wholesaler, importer and licensee for excise; fines; administration of tax
§ 22 Transportation of alcoholic beverages; permits; fees; railroads or vessels; trucking businesses; production of permit upon demand
§ 22A Permits to holders or former holders of licenses authorizing sales to licensees; fees; excises; permits for researchers
§ 23 Nature 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 loans
§ 23A Suspension of license or permit for violation of fair trade laws
§ 23B Retention of license where premises of licensee taken by public authority; transfer application; reservation of license; rebate of fee; renewal application
§ 24 Promulgation of regulations by commission; approval
§ 25 Lending or borrowing money or receipt of credit by licensees
§ 25A Discrimination in prices and discounts prohibited
§ 25B Filing of schedules; inspection
§ 25C Filing of schedule of minimum consumer prices; verification; filing and effective dates; inspection; rules and regulations
§ 25D Price discrimination
§ 25E Refusal to sell brand name alcoholic beverages to wholesalers as unfair trade practice; exception for good cause; discontinuance notice and procedure
§ 25E1/2 Brewery termination of right to distribute
§ 25E3/4 Severability of Section 25E1/2
§ 25F Provision of free wine, malt beverages, liqueurs, cordials and alcoholic beverages for tastings; limits; requirements
§ 26 Issuance of license and permit to aliens; appointment of local manager or principal representative by foreign corporations
§ 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
§ 28 Sale of alcoholic beverage to churches, religious societies, hospitals, homes for aged people and to manufacturers of food products
§ 29 Use and sale of alcoholic beverages by registered pharmacists; prescriptions; prescription books; sales in original sealed packages
§ 30 Issuance of certificate of fitness to registered pharmacist; fee; revocation
§ 30A Registered pharmacists’ licenses to sell alcoholic beverages without prescription; hours of sales
§ 30B Kinds of licenses issued to druggists under Sec. 30A; transfers
§ 30C Termination of druggist’s license upon cessation of business
§ 30D Certificate of purchaser; sales of alcoholic beverages by retail pharmacists licensed under Sec. 30A
§ 30E Record book of registered pharmacists of sales of alcoholic beverages; form of certificate
§ 30F Inspection of books, certificates and prescriptions
§ 30G Illegal sale of alcoholic beverages in name of registered pharmacist
§ 30H Possession or transportation of alcoholic beverages not authorized to be sold as prima facie evidence of violation of chapter
§ 32 Hawking or peddling of alcoholic beverages
§ 33 Sales and delivery of alcoholic beverages on election days, Sundays and legal holidays
§ 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.
§ 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
§ 34 Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age
§ 34A Persons under twenty-one years; purchase or attempt to purchase alcoholic beverages
§ 34B Liquor purchase identification cards
§ 34C Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver’s license
§ 34D Posting notices of penalties for driving while under influence and driving while drinking from open container of alcohol
§ 34E Immunity from prosecution under Secs. 34, 34A or 34C for persons seeking medical assistance for alcohol-related incapacitation
§ 35 Sales of alcoholic beverages outside limits of reservations or boulevards
§ 36 Analysis of alcoholic beverages by department of state police
§ 37 Certificate accompanying sample of beverages to be analyzed; contents
§ 38 Forms of commission
§ 39 Tampering with samples of alcoholic beverages
§ 40 Analysis of alcoholic beverages by court order; fee
§ 41 Delivery of alcoholic beverages as prima facie evidence of sale
§ 42 Issuance of search warrant
§ 43 Search of dwelling house
§ 44 Sufficiency of complaint and warrant
§ 45 Search of premises; seizure of alcoholic beverages
§ 46 Searches and seizures without warrant
§ 47 Notice to keeper of alcoholic beverages to appear and answer complaint; forfeiture of seized beverages
§ 48 Notice; contents; service
§ 49 Postponement of trial
§ 50 Admission 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 beverages
§ 51 Disposition of forfeited alcoholic beverages and vessels
§ 52 Return of alcoholic beverages not forfeited; order; endorsement
§ 53 Forfeiture and disposition of implements and furniture
§ 54 Cost of proceedings
§ 55 Appeal
§ 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures
§ 57 Notification of licensing authorities of conviction of holder of license, permit or certificate
§ 58 Notice of conviction of tenant to owner of building used for illegal keeping or sale
§ 59 Forms used in prosecutions
§ 60 Common nuisances
§ 61 Buildings used by clubs for selling and distributing alcoholic beverages as common nuisances
§ 62 Penalties for violations of chapter
§ 63 Entry of licensing authorities upon licensed premises; taking of samples
§ 63A Hindering or delaying investigator, inspector or agent of commission
§ 64 Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds
§ 64A Sale of alcohol to person under 21 or intoxicated person; sanctions; liability insurance
§ 64B Insurance policy required by licensing authority; disclosure to insurer; proof of new insurance
§ 65 Delivery of license upon suspension, revocation, cancellation or forfeiture
§ 66 Separability of provisions of chapter
§ 67 Appeals on refusal to grant or revocation of license; hearing; notice of approval; revocation by commission; reappeal
§ 68 Sales or deliveries of alcoholic beverages in times of riot or great public excitement
§ 69 Sale or delivery to intoxicated persons
§ 70 Issuance of license or permit upon payment of fee; bond
§ 71 Effective date of rules; approval of governor
§ 76 Licenses for manufacture, transportation, and sale of alcohol for mechanical, manufacturing or chemical purposes; fees
§ 77 Cancellation of license upon cessation of licensed business
§ 78 Book entries at time of sale of alcohol; form

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Terms Used In Massachusetts General Laws > Chapter 138 - Alcoholic Liquors

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Caucus: From the Algonquian Indian language, a caucus meant "to meet together." An informal organization of members of the legislature that exists to discuss issues of mutual concern and possibly to perform legislative research and policy planning for its members. There are regional, political or ideological, ethnic, and economic-based caucuses.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.
  • Cross examine: Questioning of a witness by the attorney for the other side.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Interests: includes any form of membership in a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Joint committee: Committees including membership from both houses of teh legislature. Joint committees are usually established with narrow jurisdictions and normally lack authority to report legislation.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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.
  • Oath: A promise to tell the truth.
  • Other entity: includes a domestic or foreign nonprofit corporation. See Massachusetts General Laws ch. 156D sec. 11.01
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Remand: When an appellate court sends a case back to a lower court for further proceedings.
  • Statute: A law passed by a legislature.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Verdict: The decision of a petit jury or a judge.