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.
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