Section 15A. All applications for an original license under sections twelve and fifteen shall be made on a form or forms to be prescribed by the commission and shall include a sworn statement by the applicant giving the names and addresses of all persons who have a direct or indirect beneficial interest in said license. No stock in a corporation holding a license to sell alcoholic beverages shall be transferred, pledged, or issued without first obtaining the permission of the local licensing authorities and the commission. Provisions of this section shall not apply to stockholders of a corporation whose stock is listed for sale to the general public with the Securities and Exchange Commission and who hold less than ten per cent of the outstanding stock entitled to vote at the annual meeting of said corporation. Notation of the date and hour of filing shall be made on every application. Within ten days after receipt of any such application, the local licensing authorities shall cause a notice thereof to be published at the expense of the applicant. Such notice shall be published in the city or town wherein the license is intended to be exercised or, if no newspaper is published in such city or town, in a newspaper, published within the commonwealth, providing general circulation in such city or town, or if there is no newspaper providing general circulation in such city or town, then in a daily newspaper published in the county wherein such license is intended to be exercised. After such publication the name of the newspaper publishing such notice shall be noted by the local licensing authorities on the application for a license. The notice shall set forth the name of the applicant in full, the kind of license applied for, a description of the location and area where the license is intended to be exercised, designating, if practicable, the street and number. No application shall be acted upon by the local licensing authorities except after hearing thereon which shall be held not sooner than ten calendar days after the publication of such notice. An affidavit of the person making such publication on behalf of such authorities, together with an attested copy of the notice published, shall be filed in the office of such authorities, and a certified copy of such affidavit shall be prima facie evidence that such notice has been published in accordance with this section. Where there are no premises actually in existence at the time the application is made, the applicant may file with the local licensing authorities a plan showing the actual dimensions of premises which are to be constructed on which the license is to be exercised. The local licensing authorities may thereafter grant a license upon the condition that such license shall issue upon completion of such premises according to said plan, and the decision of the licensing authorities as to whether or not said plan has been complied with shall be final.
Every applicant for an original license under section twelve, fifteen or thirty A, or for a transfer of such a license from one location to another, or an applicant for a change in the description of a licensed premises, or someone in his behalf, shall, within three days after publication as hereinbefore provided, cause a copy of the published notice to be sent by registered mail to each of the persons appearing upon the assessors' most recent valuation list as the owners of the property abutting on the premises where the license is intended to be exercised and, if a school, which gives not less than the minimum instruction and training to children of compulsory school age required by chapter seventy-one, or a church or hospital, is located within a radius of five hundred feet from said premises, to such school, church or hospital. The notice sent to such school, church or hospital shall indicate the necessity of a written objection to prevent the issuance or transfer of such license under the provisions of section sixteen C. An affidavit of the applicant or of the person mailing such notice in his behalf, together with an attested copy of the notice mailed, shall be filed in the office of the local licensing authorities, and a certified copy of such affidavit shall be prima facie evidence that such notice has been mailed in accordance with this section. If any abutter or the authorities in charge of any such school, church or hospital shall make complaint in writing to the local licensing authorities that such license was granted or transferred hereunder without such notice having been mailed to him or them as required hereby, and after due hearing it appears that such notice was not mailed as aforesaid, the local licensing authorities may cancel the license. Any person who has filed a complaint with the local licensing authorities under this section who is aggrieved by the action of such authorities in refusing to cancel a license hereunder or by their failure to act upon such a complaint within a period of thirty days may appeal to the commission in writing within five days following receipt of written notice of such action or within five days following the expiration of the thirty day period, and the commission may, after hearing, cancel such a license and in such event, shall send notice of the cancellation to the local licensing authorities. Nothing herein contained shall be construed to prohibit a licensee whose license has been cancelled by the local licensing authorities under authority contained in this section from appealing to the commission as provided in section sixty-seven. No application by the same applicant for the same type of license to be exercised on the same premises may be filed within one year of the date of his last prior application except in the discretion of the licensing authorities.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XX - Public Safety and Good Order
Chapter 138 - Alcoholic Liquors
Section 2 - Manufacture and Sale of Alcoholic Beverages
Section 2a - Sale, Manufacture or Possession of Powdered Alcohol Prohibited; Exceptions
Section 3 - Manufacture and Storage of Alcoholic Beverages for Private Use
Section 4 - Licensing Boards; Appointments; Membership
Section 5 - Terms of Office of Licensing Board; Removal; Review; Notice; Fee
Section 6 - Chairman of Licensing Board; Quorum; Vacancies
Section 7 - Offices of Licensing Board; Salaries; Expenses
Section 8 - Limitation of Sec. 7
Section 9 - Records of Licensing Boards; Quarterly Reports; Sworn Statements
Section 10a - Annual Report of Local Licensing Authorities to Commission
Section 10b - Authority to Declare Office of Member of Board Vacant
Section 11 - Questions to Be Placed on Ballot at Biennial State Election
Section 11a - Submission of Question at Special and Regular Municipal Elections; Petition; Taverns
Section 12a - Renewal of Licenses to Conduct Restaurant; Investigations
Section 12b - Operation of Premises Licensed to Sell Alcoholic Beverages; Nudity
Section 14 - Special Licenses to Managers of Indoor or Outdoor Activities; Fees
Section 16a - Renewal of Annual Licenses; Number Limitation; Rejection of Application; Appeal
Section 16c - Licenses for Premises Located Near Schools or Churches
Section 17a - Grant of Additional Licenses for Sale of Alcoholic Beverages Drunk on Premises
Section 17b - Grant of Additional Licenses for Sale of Alcoholic Beverages Drunk Off Premises
Section 18a - Licenses for Agents or Brokers of Foreign Manufacturers and Importers; Records; Fees
Section 19a - Permits for Salesmen to Solicit Orders for Alcoholic Beverages
Section 19d - Pub Brewery Licenses; Hearings; Records; Fees
Section 19f - Direct Wine Shipper Licenses; Regulation and Enforcement by Commission
Section 20a - Storage Permits for Public Warehousemen
Section 23a - Suspension of License or Permit for Violation of Fair Trade Laws
Section 24 - Promulgation of Regulations by Commission; Approval
Section 25 - Lending or Borrowing Money or Receipt of Credit by Licensees
Section 25a - Discrimination in Prices and Discounts Prohibited
Section 25b - Filing of Schedules; Inspection
Section 25d - Price Discrimination
Section 25e1/2 - Brewery Termination of Right to Distribute
Section 25e3/4 - Severability of Section 25e.5
Section 30 - Issuance of Certificate of Fitness to Registered Pharmacist; Fee; Revocation
Section 30b - Kinds of Licenses Issued to Druggists Under Sec. 30a; Transfers
Section 30c - Termination of Druggist's License Upon Cessation of Business
Section 30f - Inspection of Books, Certificates and Prescriptions
Section 30g - Illegal Sale of Alcoholic Beverages in Name of Registered Pharmacist
Section 32 - Hawking or Peddling of Alcoholic Beverages
Section 33 - Sales and Delivery of Alcoholic Beverages on Election Days, Sundays and Legal Holidays
Section 34a - Persons Under Twenty-One Years; Purchase or Attempt to Purchase Alcoholic Beverages
Section 34b - Liquor Purchase Identification Cards
Section 35 - Sales of Alcoholic Beverages Outside Limits of Reservations or Boulevards
Section 36 - Analysis of Alcoholic Beverages by Department of State Police
Section 37 - Certificate Accompanying Sample of Beverages to Be Analyzed; Contents
Section 38 - Forms of Commission
Section 39 - Tampering With Samples of Alcoholic Beverages
Section 40 - Analysis of Alcoholic Beverages by Court Order; Fee
Section 41 - Delivery of Alcoholic Beverages as Prima Facie Evidence of Sale
Section 42 - Issuance of Search Warrant
Section 43 - Search of Dwelling House
Section 44 - Sufficiency of Complaint and Warrant
Section 45 - Search of Premises; Seizure of Alcoholic Beverages
Section 46 - Searches and Seizures Without Warrant
Section 48 - Notice; Contents; Service
Section 49 - Postponement of Trial
Section 51 - Disposition of Forfeited Alcoholic Beverages and Vessels
Section 52 - Return of Alcoholic Beverages Not Forfeited; Order; Endorsement
Section 53 - Forfeiture and Disposition of Implements and Furniture
Section 54 - Cost of Proceedings
Section 58 - Notice of Conviction of Tenant to Owner of Building Used for Illegal Keeping or Sale
Section 59 - Forms Used in Prosecutions
Section 62 - Penalties for Violations of Chapter
Section 63 - Entry of Licensing Authorities Upon Licensed Premises; Taking of Samples
Section 63a - Hindering or Delaying Investigator, Inspector or Agent of Commission
Section 65 - Delivery of License Upon Suspension, Revocation, Cancellation or Forfeiture
Section 66 - Separability of Provisions of Chapter
Section 68 - Sales or Deliveries of Alcoholic Beverages in Times of Riot or Great Public Excitement
Section 69 - Sale or Delivery to Intoxicated Persons
Section 70 - Issuance of License or Permit Upon Payment of Fee; Bond
Section 71 - Effective Date of Rules; Approval of Governor
Section 77 - Cancellation of License Upon Cessation of Licensed Business