Chapter 138

Section 53. All implements of sale and furniture seized under sections forty-two and forty-five shall be forfeited and disposed of in the manner provided for the forfeiture and disposition of alcoholic beverages; but the court may, if it is deemed to be for the interest of the co…

Section 54. If no person appears and is admitted as a party as aforesaid, or if judgment is rendered in favor of all the claimants who appear, the cost of the proceedings shall be paid as in other criminal cases. If only one party appearing fails to sustain his claim, he shall pa…

Section 55. A claimant whose claim is not allowed as aforesaid, and the person complained against, shall each have the same right of appeal to the superior court as if he had been convicted of crime; but before his appeal is allowed he shall recognize to the commonwealth in the s…

Section 56. A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of…

Section 57. Upon the conviction of a holder of a license, permit or certificate of fitness under this chapter of the violation of any law relative to the business conducted under authority thereof, the court in which he has been convicted shall send to the authorities which issue…

Section 58. Upon the conviction of a person of the illegal keeping or sale of alcoholic beverages, the court wherein he has been convicted shall issue and cause to be served upon the owner of the building, or agent of such owner in charge of the building, used for such illegal ke…

Section 59. The forms heretofore in use may continue to be used in prosecutions under this chapter, and if substantially followed shall be deemed sufficient to fully and plainly, substantially and formally describe the several offences in each of them set forth, and to authorize …

Section 6. The mayor shall designate one member as chairman, who shall also act as secretary. Two members shall be a quorum for the transaction of business. If a member ceases to be a resident of the city for which he is appointed or becomes unable to perform his official duties,…

Section 60. All alcoholic beverages which are kept for sale contrary to law and the implements and vessels actually used in selling and keeping the same are declared to be common nuisances.

Section 61. All buildings or places used by clubs for the purpose of selling, distributing or dispensing alcoholic beverages to their members or others shall be deemed common nuisances unless duly licensed under this chapter. Whoever keeps or maintains, or assists in keeping or m…

Section 62. A violation by any person of any provision of this chapter for which a specific penalty is not provided or a violation by a licensee or permitted of any provision of his license or permit or of any regulation made under authority of this chapter shall be punished by a…

Section 63. The local licensing authorities or their agents may at any time enter upon the premises of a person who is licensed by them, and the commission or its agents may enter upon the premises of any holder of a license, permit or certificate of fitness under this chapter, t…

Section 63A. Any person who hinders or delays any authorized investigator of the commission or any investigator, inspector or any other authorized agent of local licensing authorities in the performance of his duties, or who refuses to admit to or locks out any such investigator,…

Section 64. (a) The licensing authorities after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee has violated or permitted a violation of any condition thereof, or any law of…

Section 64A. In any hearing by a licensing authority under the first paragraph of section 64 where a licensing authority finds that a licensee under section 12 has served or sold alcohol or alcoholic beverages either to a person under 21 years of age in violation of section 64 or…

Section 64B. In any case in which a liquor liability insurance policy has been required or the limits of any such policy have been increased as a condition precedent to the modification, reinstatement or renewal of a license as provided in section 64A or section 67, a licensee sh…

Section 65. Upon suspension, revocation, cancellation or forfeiture by the licensing authorities of a license or permit granted under this chapter, the holder thereof shall forthwith deliver the same to such authorities. Refusal so to deliver, or failure so to do for seven days f…

Section 66. In respect to their constitutionality, all the provisions of this chapter are hereby declared to be separable.

Section 67. Any applicant for a license who is aggrieved by the action of the local licensing authorities in refusing to grant the same, or by their failure to act within the period of thirty days limited by section sixteen B, or any person who is aggrieved by the action of such …

Section 68. The mayor of a city and the selectmen of a town may, in cases of riot or great public excitement, order licensees under this chapter not to sell, give away or deliver any alcoholic beverages on the licensed premises for a period not exceeding three days at any one tim…

Section 69. No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person.

Section 7. Each city which has such a board shall provide it with suitable rooms, properly furnished, heated and lighted, shall pay such salaries as the city council, subject to the approval of the mayor, may from time to time establish, and shall also pay all expenses incurred b…

Section 70. No license or permit under this chapter shall be granted by the commission or the local licensing authorities unless the fee therefor has been paid into the state treasury or the city or town treasury, as the case may be; provided, however, that the local licensing au…

Section 71. All rules and regulations made under the provisions of this chapter by the commission shall not take effect until approved by the governor and council.

Section 76. The commission may annually grant licenses for the manufacture, transportation, importation, exportation and sale of alcohol for mechanical, manufacturing or chemical purposes only, or for sale to any person holding a license under section eighteen or nineteen, to any…

Section 77. The licensing authorities may, after hearing or reasonable opportunity therefor, cancel any license issued under this chapter if the licensee ceases to conduct the licensed business. If the local licensing authorities determine that a license should be cancelled as af…

Section 78. Every person to whom such a license is granted shall keep a book in which he shall enter, at the time of every sale of alcohol, the date thereof, the name and residence of the purchaser, his residence by street and number, if any, the quantity and price of the alcohol…

Section 79. (a)(1) The commission may issue a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license to a qualified applicant who is a gaming establishment contract vendor or gaming es…

Section 8. If, at any biennial state election, a city in which such board has been appointed shall not vote to authorize the granting of licenses for the sale of any alcoholic beverages, all obligations imposed upon said city by the preceding section shall cease from and after th…

Section 9. Each board shall keep a record of its doings and hearings and shall make a quarterly report of its doings to the mayor. It may require any statement which may be made before it and papers which may be filed with it relative to applications for licenses to be sworn to, …