Massachusetts General Laws
Chapter 138 - Alcoholic Liquors
Section 52 - Return of Alcoholic Beverages Not Forfeited; Order; Endorsement

Section 52. If it is not proved on the trial that all or part of the beverages seized was kept or deposited for sale contrary to law, the court shall issue a written order to the officer having the same in custody to return so much thereof as was not proved to be so kept or deposited and the vessels in which it is contained, to the place as nearly as may be from which it was taken, or to deliver it to the person entitled to receive it. After executing such order, the officer shall return it to the court with his doings endorsed thereon.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XX - Public Safety and Good Order

Chapter 138 - Alcoholic Liquors

Section 1 - Definitions

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 10 - Cities Exempt From Operation of Six Preceding Sections; Residency Requirement of Board or Commission Members

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 12 - Licenses Authorizing Sale of Beverages to Be Drunk on Premises; Veterans' Organizations, Corporations, etc.; Suspension or Revocation; Hours of Sale; Liqueurs and Cordials; Liquor Legal Liability Insurance Requirement

Section 12a - Renewal of Licenses to Conduct Restaurant; Investigations

Section 12b - Operation of Premises Licensed to Sell Alcoholic Beverages; Nudity

Section 12c - Annual Caterer's License for Sale of Alcoholic Beverages at Private Catering Event; Written Notice; Penalties for Violation

Section 13 - Licensing of Railroad or Car and Airline Corporations; Vessel Owners and Operators; Shipping Companies and Ship Chandlers

Section 14 - Special Licenses to Managers of Indoor or Outdoor Activities; Fees

Section 14a - License for Sale of Wine, Malt Beverages and Distilled Spirits at Auction; Fee; Time for Auction; Sample Wine, Malt Beverages and Distilled Spirits Tastings

Section 15 - Licensing Authorizing Sale of Beverages Not to Be Drunk on Premises; Applications; Approval; Price Lists; Renewals; Fees; Hours of Sales; Samples

Section 15a - Application for Licenses; Statement of Beneficial Interests; Corporate Stock Transfers; Filing Notation; Publication of Notice; Hearing; Plan of Premises; Transfers; Notice to Abutting Property Owners; Complaints; Appeals; Cancellation...

Section 15f - Special License for Sale of Wine Produced by Farmer-Winery for Off-Premises Consumption at Indoor or Outdoor Agricultural Event

Section 16 - Dilution, Changing or Tampering With Alcoholic Beverages; Suspension of License; Prima Facie Evidence

Section 16a - Renewal of Annual Licenses; Number Limitation; Rejection of Application; Appeal

Section 16b - Time Within Which Application for Licenses Shall Be Granted or Dismissed; Notice of Approval; Number of Applications

Section 16c - Licenses for Premises Located Near Schools or Churches

Section 17 - Number of Licenses Quotas; Licenses for Wines and Malt Beverages per Population Unit; Additional Licenses; Estimates of Increased Population; Decrease in Quota Due to Loss in Population; Determination of Population of City or Town

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 17c - Grant of Additional Licenses Under Former Law for Sale of Alcoholic Beverages Drunk on Premises

Section 18 - Wholesalers' and Importers' Licenses; Compounding, Blending, Warehousing, and Shipping of Alcoholic Beverages; Fees; Records

Section 18a - Licenses for Agents or Brokers of Foreign Manufacturers and Importers; Records; Fees

Section 18b - Issuance of Certificates of Compliance to Licensees Authorized to Export or Sell Alcoholic Beverages to Domestic Licensees; Information Concerning Shipments; Issuance of Certificates to Immediate Family; Cancellation and Revocation of C...

Section 18c - License to Import Alcoholic Beverages in Connection With Manufacture of Food Products; Fees

Section 19 - Licenses to Manufacture Alcoholic Beverages; Sale by Manufacturer; Blending of Alcoholic Beverages; Marks to Identify Manufacturer; Records of Manufacturer; Fees

Section 19a - Permits for Salesmen to Solicit Orders for Alcoholic Beverages

Section 19b - Farmer-Winery Licenses; Hearing; Appeal; Notices to Interested Parties; Operation of Winery; Records; Fees

Section 19c - Farmer-Brewery Licenses; Hearing; Appeal; Notices to Interested Parties; Operation of Brewery; Records; Fees

Section 19d - Pub Brewery Licenses; Hearings; Records; Fees

Section 19e - Farmer-Distillery Licenses; Applicants; Requirements; Evidentiary Hearings; Written Notice of Applications; Schools and Churches; Fees

Section 19f - Direct Wine Shipper Licenses; Regulation and Enforcement by Commission

Section 19g - Tenant Brewer License; Applications; Importation of Raw Materials; Record Keeping and Reporting; Fees

Section 19h - License to Sell for On-Premises Consumption Alcoholic Beverages Produced by Person Holding Sec. 19b, 19c or 19e License

Section 20 - Storage Permits; Special Warehouse Permits; Special Seasonal Permits; Fees; Rules and Regulations

Section 20a - Storage Permits for Public Warehousemen

Section 21 - Liability of Manufacturer, Winegrower, Farmer-Brewer, Wholesaler, Importer and Licensee for Excise; Fines; Administration of Tax

Section 22 - Transportation of Alcoholic Beverages; Permits; Fees; Railroads or Vessels; Trucking Businesses; Production of Permit Upon Demand

Section 22a - Permits to Holders or Former Holders of Licenses Authorizing Sales to Licensees; Fees; Excises; Permits for Researchers

Section 23 - Nature of Licenses and Permits; Status as Property Rights; Refusal to Issue or Reissue, Revocation, etc.; Refund of Fee; Transfers; Death, Receivership or Bankruptcy of Licensee; Expiration; Pledging for Loans

Section 23a - Suspension of License or Permit for Violation of Fair Trade Laws

Section 23b - Retention of License Where Premises of Licensee Taken by Public Authority; Transfer Application; Reservation of License; Rebate of Fee; Renewal Application

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 25c - Filing of Schedule of Minimum Consumer Prices; Verification; Filing and Effective Dates; Inspection; Rules and Regulations

Section 25d - Price Discrimination

Section 25e - Refusal to Sell Brand Name Alcoholic Beverages to Wholesalers as Unfair Trade Practice; Exception for Good Cause; Discontinuance Notice and Procedure

Section 25e1/2 - Brewery Termination of Right to Distribute

Section 25e3/4 - Severability of Section 25e.5

Section 25f - Provision of Free Wine, Malt Beverages, Liqueurs, Cordials and Alcoholic Beverages for Tastings; Limits; Requirements

Section 26 - Issuance of License and Permit to Aliens; Appointment of Local Manager or Principal Representative by Foreign Corporations

Section 27 - Crediting of Fees for Licenses and Permits to General Fund; Payment of Fees for Licenses and Permits Granted by Local Authorities Into Local Treasuries

Section 28 - Sale of Alcoholic Beverage to Churches, Religious Societies, Hospitals, Homes for Aged People and to Manufacturers of Food Products

Section 29 - Use and Sale of Alcoholic Beverages by Registered Pharmacists; Prescriptions; Prescription Books; Sales in Original Sealed Packages

Section 30 - Issuance of Certificate of Fitness to Registered Pharmacist; Fee; Revocation

Section 30a - Registered Pharmacists' Licenses to Sell Alcoholic Beverages Without Prescription; Hours of Sales

Section 30b - Kinds of Licenses Issued to Druggists Under Sec. 30a; Transfers

Section 30c - Termination of Druggist's License Upon Cessation of Business

Section 30d - Certificate of Purchaser; Sales of Alcoholic Beverages by Retail Pharmacists Licensed Under Sec. 30a

Section 30e - Record Book of Registered Pharmacists of Sales of Alcoholic Beverages; Form of Certificate

Section 30f - Inspection of Books, Certificates and Prescriptions

Section 30g - Illegal Sale of Alcoholic Beverages in Name of Registered Pharmacist

Section 30h - Possession or Transportation of Alcoholic Beverages Not Authorized to Be Sold as Prima Facie Evidence of Violation of Chapter

Section 32 - Hawking or Peddling of Alcoholic Beverages

Section 33 - Sales and Delivery of Alcoholic Beverages on Election Days, Sundays and Legal Holidays

Section 33a - Sales of Alcoholic Beverages by On-Premise Licensees on Sundays and Certain Legal Holidays; Sales Between 1:00 a.m. and 2:00 a.m.

Section 33b - Sales of Alcoholic Beverages by On-Premise Licensees on Sundays and Certain Legal Holidays; Sales Between 10:00 a.m. and 12:00 Noon

Section 34 - Sale, Delivery or Furnishing Alcoholic Beverages to Persons Under Twenty-One Years of Age; Employment of Persons Under Eighteen Years of Age

Section 34a - Persons Under Twenty-One Years; Purchase or Attempt to Purchase Alcoholic Beverages

Section 34b - Liquor Purchase Identification Cards

Section 34c - Minors; Operation of Motor Vehicle Containing Alcoholic Beverage; Suspension of Driver's License

Section 34d - Posting Notices of Penalties for Driving While Under Influence and Driving While Drinking From Open Container of Alcohol

Section 34e - Immunity From Prosecution Under Secs. 34, 34a or 34c for Persons Seeking Medical Assistance for Alcohol-Related Incapacitation

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 47 - Notice to Keeper of Alcoholic Beverages to Appear and Answer Complaint; Forfeiture of Seized Beverages

Section 48 - Notice; Contents; Service

Section 49 - Postponement of Trial

Section 50 - Admission of Claimant of Alcoholic Beverages as Party to Trial; Forfeiture of Alcoholic Beverages Unlawfully Kept; Sale of Motor Vehicle Held to Be Implement or Container of Alcoholic Beverages

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 55 - Appeal

Section 56 - Arrest Without Warrant of Persons Found in Act of Illegally Manufacturing or Selling Alcoholic Beverages; Seizures

Section 57 - Notification of Licensing Authorities of Conviction of Holder of License, Permit or Certificate

Section 58 - Notice of Conviction of Tenant to Owner of Building Used for Illegal Keeping or Sale

Section 59 - Forms Used in Prosecutions

Section 60 - Common Nuisances

Section 61 - Buildings Used by Clubs for Selling and Distributing Alcoholic Beverages as Common Nuisances

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 64 - Suspension or Revocation of License; Hearing; Notice; Disqualification; Surrender of License; Refunds

Section 64a - Sale of Alcohol to Person Under 21 or Intoxicated Person; Sanctions; Liability Insurance

Section 64b - Insurance Policy Required by Licensing Authority; Disclosure to Insurer; Proof of New Insurance

Section 65 - Delivery of License Upon Suspension, Revocation, Cancellation or Forfeiture

Section 66 - Separability of Provisions of Chapter

Section 67 - Appeals on Refusal to Grant or Revocation of License; Hearing; Notice of Approval; Revocation by Commission; Reappeal

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 76 - Licenses for Manufacture, Transportation, and Sale of Alcohol for Mechanical, Manufacturing or Chemical Purposes; Fees

Section 77 - Cancellation of License Upon Cessation of Licensed Business

Section 78 - Book Entries at Time of Sale of Alcohol; Form