Massachusetts General Laws
Chapter 138 - Alcoholic Liquors
Section 69 - Sale or Delivery to Intoxicated Persons

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