LICENSE COMMISSION

Frequently Asked Questions About Operating the Business

What are the Holiday and Sunday Operating Hours for "Pouring" establishments?

What are the Holiday and Sunday Operating Hours for Package Stores?

If a restaurant occasionally runs out of a popular item on a busy night, can the manager go to a package store and buy a few bottles to temporarily meet his/her customer's demands?

May wholesalers offer retailers discounts on alcoholic beverages?

Is a wholesaler allowed to offer a retailer a discount if the retailer picks up the products at the wholesaler's warehouse?

Can an out-of-state supplier/manufacturer (a Certificate of Compliance holder) sell directly to a retailer?

Can anyone bring their own beer, wine, or other alcoholic beverages into an establishment (so-called "BYOB")?

Can "non-alcoholic beer" be served or sold to persons under twenty-one?

Is a person dining alone in a restaurant able to order a pitcher of beer to go along with his/her meal?

How old do you have to be to tend bar?

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 beverages?

If a patron is not driving, does it matter how many drinks s/he is served?

Is Spirits tasting allowed in Massachusetts?

Do restaurants, hotels, function halls and package stores need to meet certain requirements while conducting wine tasting or malt beverages tasting?

Can Section 12 (on-premise) establishments with wine and malt licenses serve cordials and liqueurs?

Q: What are the Holiday and Sunday Operating Hours for "Pouring" establishments?
A:Holidays

• Non-Suffolk County:
  No licensee under Section 12 shall sell alcoholic beverages on Christmas Day (or the day following when Christmas Day is on a Sunday), or on the last Monday in May (Memorial Day) between 1:00 a.m. and 12:00 noon.
  
  The exception to the above is that if the local licensing authority accepts a certain state law, they may authorize a restaurant, hotel, club, or veterans' club to sell alcoholic beverages between 11:00 a.m. and 12:00 noon on Christmas Day (or the Day following when Christmas Day is on a Sunday), or on the last Monday in May (Memorial Day).

Sundays

• Restaurants, Hotels, Clubs and Veterans' Clubs, General on Premise:
  Monday - Thursday & Saturday 8:00 A.M. to 1:00 A.M.
  Friday - 8:00 A.M. to 2:00 A.M.
  Sunday - 12:00 P.M. to 1:00 A.M.
  
  
• Package Goods Stores
  Monday - Saturday 8:00 A.M. to 11:00 P.M.
  Sunday - 12 Noon to 11:00 P.M.
  
  
• Taverns
  No tavern licensee may sell alcoholic beverages on Sundays.
  Monday - Thursday & Saturday 8:00 A.M. to 12 Midnight
  Friday - 8:00 A.M. to 1:00 A.M.

NO SALE ON SUNDAY
In reference to the sale of Alcoholic Beverages the Haverhill License Commission shall not allow sales before or after the above listed hours. There shall be no sales after the hour listed and consumption of alcoholic beverages from sales just prior to closing time shall be consumed by the closing time listed Provided, further, that any such licensee or his manager shall not be prohibited from being on the licensed premises at any time; provided further that the employees, contractors or subcontractors shall not be prohibited from being upon such premises at any time for the purpose of cleaning, making renovations, making emergency repairs to or providing security for, such premises or preparing food for the day's business or opening or closing of the business in an orderly manner. And all alcoholic beverages must be off the tables and bar at closing time.

-- top of page --

Q: What are the Holiday and Sunday Operating Hours for Package Stores?
A: Holidays

• No licensee under Section 15 ("package store" or "package goods" licensees) may sell or deliver any alcoholic beverages on the last Monday in May (Memorial Day), Thanksgiving Day or Christmas Day (or the day following when Christmas day occurs on a Sunday.) There are no exceptions.

Sundays (the current law distinguishes two time periods for Sunday sales by "package store" licensees):

• Sunday Sales in the "Holiday Season"
  State law provides that any "package store" licensee in any municipality in this Commonwealth may, subject to approval of the local licensing authority and certain statutory conditions, sell alcoholic beverages on each Sunday during the "Holiday Season". The "Holiday Season" is defined by law to be "the Sunday immediately preceding Thanksgiving day and each Sunday thereafter until and including the Sunday immediately preceding New Year's day".
  
  
• Annual Sunday Sales
  State law also provides that "package store" licensees in communities located within ten (10) miles of the northern border of the Commonwealth with either New Hampshire or Vermont may, subject to approval of the local licensing authority and certain statutory conditions, sell alcoholic beverages on each Sunday of the year. This statutory authority, therefore, now empowers local authorities in 73 municipalities throughout five counties on the northern border of the Commonwealth to permit year-round sales by "package store" licensees.

The following is the list of communities in which year-round Sunday package store openings, subject to certain conditions, are permitted.

• Essex County
  Amesbury, Middleton, Andover, Newbury, Boxford, Newburyport, Georgetown, North Andover, Groveland, Rowley, Haverhill, Salisbury,
  Ipswich, West Newbury, Lawrence, Merrimac, Methuen

-- top of page --

Q: If a restaurant occasionally runs out of a popular item on a busy night, can the manager go to a package store and buy a few bottles to temporarily meet his/her customer's demands?
A: No. All licensed retail establishments, including holders of Special Licenses (so-called "One Day" Licenses), must purchase their alcoholic beverages from a licensed Massachusetts wholesaler, manufacturer, farmer winery, farmer brewery or holder of a Special Permit issued by the Commission.

-- top of page --

Q: May wholesalers offer retailers discounts on alcoholic beverages?
A: Under certain conditions. Discounts may be offered by wholesalers to retailers on the basis of quantities of each item purchased and on the basis of the time of payment, provided any such discount is posted with the ABCC. If any discount is not posted with the ABCC, the discount may not be given, or even offered, to the retailer.

-- top of page --

Q: Is a wholesaler allowed to offer a retailer a discount if the retailer picks up the products at the wholesaler's warehouse?
A: Yes. ABCC regulations state: "wholesalers may offer retailers a reasonable discount, not to exceed one percent, if they pick up items ordered from the wholesaler at the wholesaler's warehouse." Any such discount must be posted with the ABCC. If any discount is not posted with the ABCC, the discount may not be given to the retailer.

-- top of page --

Q: Can an out-of-state supplier/manufacturer (a Certificate of Compliance holder) sell directly to a retailer?
A: No. An out-of-state supplier/manufacturer (a Certificate of Compliance holder) can only sell his or her alcoholic beverages to a wholesaler.

-- top of page --

Q: Can anyone bring their own beer, wine, or other alcoholic beverages into an establishment (so-called "BYOB")?
A: 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").
Effective August 15, 2000, No person who is licensed to sell food products, will allow the consumption of Alcoholic Beverages on their premises unless they are licensed to sell such beverages on their premises under MGL Ch138 §12 or the 1 Day License under §14.

-- top of page --

Q: Can "non-alcoholic beer" be served or sold to persons under twenty-one?
A: Maybe. The State Liquor Control Act, G.L. Chapter 138, regulates "alcoholic beverages" as that term is defined by law. The law defines "alcoholic beverages" to be "any liquid intended for human consumption as a beverage and containing one half of one percent or more of alcohol by volume at sixty degrees Fahrenheit." Thus, if a product is composed or manufactured so that it contains 1/2% or more of alcohol by volume at sixty degrees Fahrenheit, it is an "alcoholic beverage" and subject to the Liquor Control Act. If a product is composed or manufactured so that it contains less than 1/2% of alcohol by volume at sixty degrees Fahrenheit, it is not an "alcoholic beverage" and is not subject to the Liquor Control Act.

A product that is not an "alcoholic beverage" may be subject to regulation by a city or town under its authority under G.L. Chapter 140. Therefore, one must also check the local laws of each city or town about "non-alcoholic beer."

-- top of page --

Q: Is a person dining alone in a restaurant able to order a pitcher of beer to go along with his/her meal?
A: No. If such a request were honored, it would be a violation of the ABCC's Regulation commonly called the "Happy Hour" regulation. This regulation prohibits the sale or delivery of malt beverages or mixed drinks by the pitcher except to two or more persons at any one time. The Happy Hour regulations also prohibit the sale or delivery of more than two drinks to one person.

-- top of page --

Q: How old do you have to be to tend bar?
A: At least 18 years of age. Although Chapter 138, section 34 prohibits the sale or delivery of Alcoholic Beverages to a person less than 21 years of age, nothing in Chapter 138, Section 34 shall prohibit any licensee from employing a person 18 years old or older for the direct handling, selling, mixing or serving of alcohol or alcoholic beverages.

-- top of page --

Q: 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 beverages?
A: If a licensee is charged with permitting the service, delivery, or possession of alcoholic beverages by a person under 21 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:

1. A valid Massachusetts driver license,
2. A valid Massachusetts Liquor Identification card,
3. A valid Passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country,
4. A valid United States issued active duty Military Identification Card.

Reliance by a licensee on any other form of identification to determine proof of age does not give the licensee a defense.

As of September 1, 2001,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. 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 (30) years of age and accept as proof of age only the four (4) pieces of identification that give a licensee a defense to any criminal.

Therefore, while a licensee may choose to rely upon any form of identification to obtain proof of age, only these four (4) forms of identification provide a defense to a charge of service, delivery, or possession of alcoholic beverages by a person under 21 years of age.

-- top of page --

Q: If a patron is not driving, does it matter how many drinks s/he is served?
A: Yes. Massachusetts state law prohibits the service of alcoholic beverages to an intoxicated patron. It is still a violation to serve to an intoxicated person even if the person is not driving. In fact, 12-20% of alcohol-related accidents involve pedestrians.

-- top of page --

Q: Is Spirits tasting allowed in Massachusetts?
A: No. As of September 1, 2001, only wine tasting and malt beverages tasting (or so-called "beer tasting") are authorized by Massachusetts law. These wine tastings and malt beverages tastings can only be held at premises licensed under Section 15 ("package stores") or restaurants, hotels or function halls licensed under Section 12. Each wine tasting or malt beverages tasting event must be conducted in full compliance with the conditions set by the state Liquor Control Act.

-- top of page --

Q: Do restaurants, hotels, function halls and package stores need to meet certain requirements while conducting wine tasting or malt beverages tasting?
A: Yes. Restaurants, hotels, and function halls holding wine tasting must provide food with the wines 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 wines and the size of each serving is limited to one (1) ounce per serving.

Package stores may not charge for any wine-tasting and they must also limit the size of any serving of wine to one ounce. The wines tasted must also be available for sale on such premises.

For a malt beverages tasting, restaurants, hotels, and function halls must provide food with the malt beverages tasted 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 malt beverages and the size of each serving is limited to two (2) ounces per serving.

Package stores may not charge for any tasting of malt beverages and they must also limit the size of any serving of a malt beverage to two (2) ounces. The malt beverages tasted must also be available for sale on such premises.

-- top of page --

Q: . Can Section 12 (on-premise) establishments with wine and malt licenses serve cordials and liqueurs?
A: 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 Victuallers 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 Board and the ABCC.

-- top of page --