Section 19. (a) The commission may issue to any individual who is both a citizen and resident of the commonwealth and to partnerships, composed solely of such individuals, and to corporations organized under the laws of this commonwealth or organized under the laws of any other state of the United States and admitted to do business in this commonwealth and to limited liability companies and limited liability partnerships organized under the laws of the commonwealth, subject to such conditions as the commission may prescribe by regulation to address issues of citizenship and residency and the need for a license manager under section 26 as qualifications for a limited liability company or limited liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19B and 19C, licenses to manufacture alcoholic beverages. Manufacturers of such beverages may sell the same to any licensee holding a valid license granted by the licensing authorities for the sale within the commonwealth in accordance with the provisions of this chapter, and may also sell such beverages for export from this commonwealth into any state where the sale of the same is not by law prohibited, and into any foreign country; and manufacturers of such beverages may sell the same to any registered pharmacist holding a certificate of fitness under section thirty and also as authorized by section twenty-eight.
Subject to such regulations as may be prescribed by the commission, licensees under this section may rectify or blend, but only upon such premises and under such conditions as the commission shall approve, alcoholic beverages manufactured by them. All alcoholic beverages sold by any manufacturer thereof shall be sold and delivered in such manner, and under such conditions, and with such labels or other marks to identify the manufacturer, as the commission shall from time to time prescribe by regulations; provided, that sales of such beverages may be made in kegs, casks, barrels or bottles, to holders of wholesalers' and importers' licenses; and provided, further, that sale of wines and malt beverages may be made in kegs, casks or barrels by any manufacturer licensed under this section to licensees authorized to sell such beverages under section twelve, thirteen or fourteen and, for the sole purpose of resale in the containers in which the same were delivered, to licensees under section fifteen. No licensee under section fifteen shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such containers.
Every licensed manufacturer of alcoholic beverages shall keep such records in such detail and affording such information as the commission may from time to time prescribe, and shall file with the commission, whenever and as often as it may require, duplicates of copies of such records; and the commission shall at all times, through its designated officers or agents, have access to all books, records and other documents of every licensed manufacturer relating to the business which he is licensed hereunder to conduct.
The license fee for each manufacturer of alcoholic beverages, in respect of each plant, shall be such sum, not less than $6,000 nor more than $10,000, as under the circumstances of the licensee's probable volume of sales under this section, the capacity of his plant and the location thereof, the commission shall deem just and proper; provided, that the license fee for each manufacturer of cider or other alcoholic beverage made from apples shall be such sum, not less than twenty-five nor more than two hundred and fifty dollars, as the commission shall deem just and proper, but no such fee shall be collected from any such manufacturer for the making of cider, the sale of which is authorized by section three without a license.
No vote in any city or town under section eleven shall prevent the granting or renewal of a license under this section.
(b) Notwithstanding section 17, a local licensing authority, subject to the approval of the commission, may grant a license to sell alcoholic beverages for consumption on a manufacturer's premises to a manufacturer authorized to manufacture alcoholic beverages pursuant to this section; provided, however, that such a licensee may sell alcoholic beverages produced by the manufacturer for on-premises consumption.
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