Chapter 138

Section 25B. (a) No brand of alcoholic beverages shall be sold within the commonwealth to a wholesaler unless schedules, as provided by this section, are filed with the commission and are then in effect. (b) Each of the schedules hereinafter referred to shall be in writing, duly …

Section 25C. (a) No brand of alcoholic beverages shall be sold within the commonwealth to a wholesaler or retailer, and no manufacturer, winegrower, farmer-brewer or wholesaler shall sell, offer for sale, solicit any order for, or advertise, any alcoholic beverages, the container…

Section 25D. (a) There shall be filed with, and when filed shall be deemed part of, the schedule filed for a brand of alcoholic beverages pursuant to section twenty-five B an affirmation duly verified by the owner of such brand of alcoholic beverage, or by the wholesaler designat…

Section 25E. It shall be an unfair trade practice and therefor unlawful for any manufacturer, winegrower, farmer-brewer, importer or wholesaler of any alcoholic beverages, to refuse to sell, except for good cause shown, any item having a brand name to any licensed wholesaler to w…

Section 25F. (a) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide wine tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 9 …

Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle permit for the transportation thereof shall be issued to any person who is not, at the time of their application therefor, a citizen of the United States or a qualified alien under the Immigratio…

Section 27. All fees for licenses and permits authorized to be granted by the commission under this chapter, and all moneys payable under section twenty-one, shall be paid into the state treasury and shall be credited to the General Fund. All fees for licenses and permits authori…

Section 28. The holder of a license under section 18, 19, 19B, 19C or 19D may sell those alcoholic beverages which such licensees are authorized to sell to churches and religious societies, educational institutions licensed under section fourteen, incorporated hospitals and homes…

Section 29. A registered pharmacist in a city or town who holds a certificate of fitness under the following section, having complied with all provisions of law relative to the practice of pharmacy, irrespective of the vote of the city or town under section eleven, may use alcoho…

Section 2A. No person shall sell, offer for sale, manufacture or possess powdered alcohol. Whoever violates this section shall be punished by a fine of not less than $100 or more than $1,000. This section does not apply to (A) the use of powdered alcohol as an ingredient in non-p…

Section 3. This chapter shall not apply to the manufacture or storage of alcoholic beverages by a person for his own private use or to sales of cider at wholesale by the original makers thereof, or to sales of cider by farmers, not to be drunk on the premises, in quantities not e…

Section 30. The board of registration in pharmacy may issue to a registered pharmacist who desires to exercise the authority conferred by section twenty-nine, a certificate of fitness, stating that in the judgment of said board he is a proper person to be intrusted with such auth…

Section 30A. A registered pharmacist in a city or town wherein the granting of licenses to sell all alcoholic beverages is authorized may be licensed by the local licensing authorities to sell alcoholic beverages for medicinal, mechanical or chemical purposes without a physician'…

Section 30B. One or more licenses may be granted annually under the provisions of section thirty A by the licensing authorities of a city or town to retail druggists who are registered pharmacists actively engaged in business on their own account, or on the account of the widow, …

Section 30C. A license issued under section thirty A shall become null and void without any process or decree, if the registered pharmacist to whom it has been granted ceases to conduct his business in person and on his own account, or upon the revocation of his certificate of re…

Section 30D. Retail pharmacists licensed under section thirty A shall not sell alcoholic beverages of any kind for medicinal, mechanical or chemical purposes except upon the certificate of the purchaser, which shall state the use for which it is wanted, and which shall be immedia…

Section 30E. Every retail pharmacist licensed under section thirty A shall keep a book in which he shall enter, at the time of every such sale, the date thereof, the name of the purchaser, the kind, quantity and price of said beverage, the purpose for which it was sold, and the r…

Section 30F. The book, certificates and prescriptions provided for in the two preceding sections shall at all times be kept on the licensed premises and be open to the inspection of the board of registration in pharmacy, the licensing authorities or their agents, the aldermen, th…

Section 30G. A person, not a registered pharmacist, who procures a license for the sale of alcoholic beverages under section thirty A in the name of a registered pharmacist who is dead, or in the name of a registered pharmacist by borrowing, hiring or purchasing the use of his ce…

Section 30H. Possession on the licensed premises by any licensee under this chapter of any alcoholic beverages or alcohol not authorized to be sold or used under the terms of his license shall be prima facie evidence that such beverage or alcohol is kept for sale in violation of …

Section 32. No holder of a license or permit under this chapter shall himself or through an agent or employee go from town to town or from place to place in the same town selling, bartering, hawking or peddling, or exposing or carrying for sale, barter, hawking or peddling, any a…

Section 33. (a) No licensee under section 15 shall sell or deliver alcoholic beverages, and no registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a physician's prescription, during polling hours on any…

Section 33A. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of one o'clock ante meridian and two o'clock ante meridian on Sundays, the last Monday in May and o…

Section 33B. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of 10:00 a.m. and 12:00 noon on Sundays, the last Monday in May and on Christmas day or on the day …

Section 34. No person shall receive a license or permit under this chapter who is under 21 years of age. Whoever makes a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other per…

Section 34A. Any person under twenty-one years of age who purchases or attempts to purchase alcoholic beverages or alcohol, or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, deface…

Section 34B. Any person who shall have attained age twenty-one and does not hold a valid operator's license issued by the registry of motor vehicles, pursuant to section eight of chapter ninety, may apply for a liquor purchase identification card. Such cards shall be valid for fi…

Section 34C. Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offe…

Section 34D. Any establishment which sells alcoholic beverages to be drunk on the premises, shall post a copy of the penalties set forth in subdivision (1) of section twenty-four of chapter ninety for driving under the influence. Any establishment which sells alcoholic beverages …

Section 34E. (a) A person under 21 years of age who, in good faith, seeks medical assistance for someone experiencing alcohol-related incapacitation shall not be charged or prosecuted under sections 34, 34A or 34C if the evidence for the charge of purchase or possession of alcoho…

Section 35. No rule or regulation made by the commissioner of conservation and recreation for the government and use of the reservations or boulevards under its care within the urban parks district shall prohibit or restrict the sale of alcoholic beverages in any building or plac…

Section 36. The analyst or assistant analyst of the department of state police shall upon request make, free of charge, an analysis of all alcoholic beverages sent to it by the licensing authorities or by police officers or other officers authorized by law to make seizures of alc…

Section 37. A certificate shall accompany each sample of beverages sent for analysis by an officer to the department of state police stating from whom the beverages were seized, the date of the seizure and the name and residence of the officer who seized said beverages. Said depa…

Section 38. The commission shall provide and cause officers of be supplied with a suitable number of the forms prescribed by section thirty-seven. The certificate of the department of state police, given substantially in the form hereinbefore set forth, shall be admitted as evide…

Section 39. No person shall tamper with samples of alcoholic beverages taken as provided in section sixty-three or alter the statements made upon the forms or certificates aforesaid.

Section 4. In each city which is not exempt by the provisions of section ten there shall be a licensing board appointed by the mayor, subject to confirmation by the board of aldermen or, if there is no such board, by the city council, consisting of three persons, who shall not be…

Section 40. Any court may cause alcoholic beverages which have been seized under this chapter to be analyzed by a competent chemist, and the reasonable expense thereof, including a fee of not more than five dollars for each analysis, shall be taxed, allowed and paid like other ex…

Section 41. The delivery of alcoholic beverages in or from a building, booth, stand or other place, except a private dwelling house, or in or from a private dwelling house if any part thereof or its dependencies is used as an inn, eating house or shop of any kind, or other place …

Section 42. If two persons of full age make complaint to a district court or justice of the peace authorized to issue warrants in criminal cases that they have reason to believe and do believe that alcoholic beverages, described in the complaint, are kept or deposited by a person…

Section 43. A warrant shall not be issued for the search of a dwelling house, if no inn, tavern, store, grocery, eating house or place of common resort is kept therein, unless one of the complainants makes oath that he has evidence that such alcoholic beverages have been sold the…

Section 44. The complaint shall particularly designate the building, structure and place to be searched, the alcoholic beverages to be seized, the person by whom they are owned, kept or possessed and intended for sale, and shall allege the intent of such person to sell the same c…

Section 45. The officer to whom the warrant is committed shall search the premises and seize the alcoholic beverages described in the warrant, the casks or other vessels in which the same are contained, and all implements of sale and furniture used or kept and provided to be used…

Section 46. A sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy or assistant marshal, police officer, including a state police officer, or constable who, without a search warrant duly committed to him, searches for or seizes alcoholic beverage…

Section 47. The court before whom the warrant is returned shall, within twenty-four hours after the seizure thereunder of the alcoholic beverages and the vessels containing them, issue a notice, under seal, and signed by the justice or the clerk of said court, commanding the pers…

Section 48. The notice shall contain a description of the number and kind of vessels, the quantity and kind of alcoholic beverages seized, as nearly as may be, and shall state when and where they were seized. It shall, not less than fourteen days before the time appointed for the…

Section 49. If, at the time appointed for trial, said notice has not been duly served, or other sufficient cause appears, the trial may be postponed to some other day and place, and such further notice issued as shall supply any defect in the previous notice; and time and opportu…

Section 5. The terms of office of the members first appointed shall commence at the date of their appointment, and shall be so arranged as to expire at the end of two, four or six years from the first Monday in June in the year of their appointment, the date of expiration to be s…

Section 50. At the time and place designated in the notice, the person complained against, or any person claiming an interest in the alcoholic beverages and vessel seized, or any part thereof, may appear and make his claim verbally or in writing, and a record of his appearance an…

Section 51. Any beverages and vessels so forfeited shall, by authority of the written order of the court, be forwarded to the colonel of the state police, who upon receipt of the same shall notify said court thereof. If, in the judgment of the colonel, it is for the best interest…

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 depos…