Section 22. Any person may, but only for his own use and that of his family and guests, transport alcoholic beverages or alcohol, without any license or permit, but not exceeding in amount, at any one time, twenty gallons of malt beverages, three gallons of any other alcoholic beverage, or one gallon of alcohol, or their measured equivalent; provided, that any person may, without any license or permit, transport from his place of residence to a new place of residence established by him alcoholic beverages manufactured by him for his own private use.
Licensees for the sale of alcoholic beverages or alcohol, as the case may be, may transport and deliver anywhere in the commonwealth alcoholic beverages or alcohol lawfully bought or sold by them, in vehicles owned or leased by them or their employees, if each vehicle used for such transportation and delivery is covered by a permit issued by the commission; provided, however, that vehicles owned or leased by holders of permits under section nineteen A may be used only for the transportation of samples or of no more than twenty-four gallons of alcoholic beverages or alcohol; provided, further, that the salesperson possesses the proper invoice and that a record of these deliveries is kept available by the wholesaler for commission inspection. The permit fee for each vehicle shall be $150.
Any railroad or car corporation or the owner or operator of any vessel or shipping company or any common carrier by air may, if authorized by a permit issued by the commission, transport and deliver alcoholic beverages or alcohol; and the fee for such a permit covering all the cars, vessels or aircraft thereof shall be $1,500.
Any individual, partnership or corporation regularly and lawfully conducting a general express or trucking business or regularly and lawfully engaged in the business of leasing trucks for hire, with or without drivers, may, if authorized by a permit issued by the commission, transport and deliver alcoholic beverages or alcohol. The fee for such a permit shall be $150. No holder of such a permit shall be granted a permit under section nineteen A.
Certified copies of any permit issued under this section shall be furnished at $50 each.
The commission may make and enforce rules and regulations governing the transportation and delivery of alcoholic beverages and alcohol under permits granted under this section.
Every person operating a vehicle when engaged in such transportation or delivery shall carry the vehicle permit or a certified copy thereof; provided, however, that no permit shall be required if during such transportation there has not been a pickup or delivery of such beverages within the commonwealth and shall, upon demand of any constable, policeman, member of the state police or any investigator of the commission produce such permit or copy for inspection; and failure to produce such permit or copy shall be prima facie evidence of unlawful transportation and shall, in the discretion of the commission, be sufficient cause for the suspension, cancellation, revocation or forfeiture of such permit.
Whoever knowingly transports within the commonwealth any alcoholic beverages or alcohol except as authorized by this section shall be punished by a fine of not more than two thousand five hundred dollars or by imprisonment for not more than six months, or both.
Notwithstanding any other provision of this section, any individual, partnership, or corporation, regularly and lawfully conducting a parcel delivery service, or a general express or trucking business, or regularly and lawfully engaged in the business of leasing trucks for hire, with or without drivers, may, if authorized by a permit issued by the commission, transport or deliver the products sold at retail by licensees under sections 19B, 19C and 19F to the ultimate consumers of such products. There shall be a fee for such permit, and persons operating a vehicle when engaged in such transportation or delivery shall be required to carry such permit or certified copy thereof. Parcels transported or delivered under this paragraph shall be clearly labeled with words that indicate that the package contains alcohol and that the signature of a person, age 21 years or older, is required for delivery. Receipts for delivery of such parcels shall contain a check box next to the recipient's signature where he shall certify that he is not under 21 years of age and a check box where the delivery person shall certify that valid identification showing that the recipient is not under 21 years of age was presented by the recipient upon delivery. Notwithstanding the foregoing, a delivery company may use an electronic device to receive the signature of a person accepting delivery of a parcel under this section and to certify that the person has displayed a valid identification as so required. No such delivery shall exceed 108 liters.
Upon application by an operator of a catering business, the commission is authorized to issue and may issue a permit, to be renewed annually, to such operator to receive alcoholic beverages or alcohol on behalf of, and transport and deliver such alcoholic beverages or alcohol to, any of such operator's customers if such receipt, transportation and delivery is in the ordinary course of such operator's business.
Any such operator of a catering business may store such alcoholic beverage or alcohol if such storage is reasonably incidental to such receipt, transportation and delivery. Said permit shall not authorize the resale of such beverages.
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