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Alcoholic Beverages Control Commission Advisories

Alcoholic Beverages Control Commission Advisories

May 18, 2020

On May 18, 2020, Governor Charlie Baker issued a plan, Reopening Massachusetts, which provides a four-phase reopening of businesses in the Commonwealth including retail alcohol licensees for on-premises consumption. The text of the Governor’s Plan can be found HERE.

Please be advised that all on-premises consumption licensees remain prohibited from selling alcohol for on-premises consumption to the public until June 8, 2020 at the earliest, awaiting further notice by the Governor. This includes restaurants, bars, hotels, general-on-premises, clubs, war veterans’ clubs, continuing care retirement communities, pub-brewers (M.G.L. c. 138, §§ 12 and 19D), farmer-series pouring permits, and manufacturer’s pouring permits (M.G.L. c. 138, §§ 19(b), 19B(n), 19C(n), and 19E(o)). These establishments are also prohibited from serving any food or drinks for on-premises consumption; only takeout and delivery are permitted. Please refer to the ABCC’s April 3, 2020, Advisory for how § 12 licensees may sell wine and malt beverages for off-premises consumption during the state of emergency, which can be found HERE.

Please note that this Advisory does not apply to licenses for off-premises consumption, including grocery stores, pharmacies, package stores, direct wine shippers, and farmer-series licensees (M.G.L. c. 138, §§ 15, 19B(g)(2), 19C(g)(7), 19E(g)(7), and 19F).

As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. All questions should be directed to the ABCC at (617) 727-3040.

To view the original order, please click here.

May 16, 2020

In light of the continuing impact of the COVID-19 pandemic, the Alcoholic Beverages Control Commission ("Commission") recognizes the ongoing hardship posed to the § 12 licensees to comply with the 60-day credit terms on invoices as outlined in M.G.L. c. 138, § 25.

Therefore, the Commission orders that the credit terms for all invoices issued between January 18, 2020 and April 15, 2020 to § 12 licensees are extended by 74 days to a total of 134 days for the payment of those invoices.  This extension does not apply to any other license type or to § 12 licensees already listed on the credit delinquency list as of the date of this order.  Please be aware that this Order supersedes and replaces the Commission's April 16, 2020, Updated Order Regarding Delinquency Report Period (Credit Terms).

All of the following must be met to qualify for this extension of credit terms from 60 to 134 days:

  1. the licensee must be a § 12 licensee;
  2. the § 12 licensee must not be listed on the credit delinquency list as of the date of issuance of this order; and
  3. the invoices that are subject to the credit extension must be issued between January 18, 2020 and April 15, 2020.

Any invoices received after April 15, 2020 remain subject to the 60-day delinquency reporting period as provided for in M.G.L. c. 138, 25. 

Licensees who meet the above criteria do not need to apply to the Commission for this extension of credit terms as these terms apply automatically.  Licensees who do not meet the criteria are reminded that they may still apply to the Commission for relief pursuant to M.G.L. c. 138 § 25, in the ordinary course.

This order shall remain in effect until rescinded by the Commission.

To view the original order, please click here

May 01, 2020

On April 28, 2020, Governor Charlie Baker issued an Order Extending the Closing of Certain Workplaces and the Prohibition of Gatherings of More than 10 People, which, in part, continues the ban on all on-premises consumption of food and drink in Massachusetts until May 18, 2020, in light of the COVID-19 pandemic. The text of the Governor’s Order can be found here.

Please be advised that all on-premises consumption licensees remain prohibited from selling alcohol for on-premises consumption to the public until May 18, 2020. This includes restaurants, bars, hotels, general-on-premises, clubs, war veterans’ clubs, continuing care retirement communities, pub-brewers (M.G.L. c. 138, §§ 12 and 19D), farmer-series pouring permits, and manufacturer’s pouring permits (M.G.L. c. 138, §§ 19(b), 19B(n), 19C(n), and 19E(o)). These establishments are also prohibited from serving any food or drinks for on-premises consumption; only takeout and delivery are permitted. Please refer to the ABCC’s April 3, 2020, Advisory for how § 12 licensees may sell wine and malt beverages for off-premises consumption during the state of emergency, which can be found here.

Please note that this Advisory does not apply to licenses for off-premises consumption, including grocery stores, pharmacies, package stores, direct wine shippers, and farmer-series licensees (M.G.L. c. 138, §§ 15, 19B(g)(2), 19C(g)(7), 19E(g)(7), and 19F).

As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. All questions should be directed to the ABCC at (617) 727-3040.

To view the original order, please click here

April 08, 2020

On March 31, 2020, Governor Charlie Baker issued an Order Extending the Closing of Certain Workplaces and the Prohibition of Gatherings of More than 10 People, which, in part, continues the ban on all on-premises consumption of food and drink in Massachusetts until May 4, 2020, in light of the COVID-19 pandemic. The text of the Governor’s Order can be found here.

Please be advised that all on-premises consumption licensees remain prohibited from selling alcohol for on-premises consumption to the public until May 4, 2020. This includes restaurants, bars, hotels, general-on-premises, clubs, war veterans’ clubs, continuing care retirement communities, pub-brewers (M.G.L. c. 138, §§ 12 and 19D), farmer-series pouring permits, and manufacturer’s pouring permits (M.G.L. c. 138, §§ 19(b), 19B(n), 19C(n), and 19E(o)). These establishments are also prohibited from serving any food or drinks for on-premises consumption; only takeout and delivery are permitted. Please refer to the ABCC’s April 3, 2020, Advisory for how § 12 licensees may sell wine and malt beverages for off-premises consumption during the state of emergency, which can be found here.

Please note that this Advisory does not apply to licenses for off-premises consumption, including grocery stores, pharmacies, package stores, direct wine shippers, and farmer-series licensees (M.G.L. c. 138, §§ 15, 19B(g)(2), 19C(g)(7), 19E(g)(7), and 19F).

As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. All questions should be directed to the ABCC at (617) 727-3040.

To view the original advisory, please click here

April 03, 2020

Today, April 3, 2020, Governor Charlie Baker signed a bill authorizing on-premises licensees to sell malt beverages and wine for off-premises consumption for the duration of the Governor’s declared state of emergency, issued March 10, 2020.

Effective immediately and until the end of the state of emergency, all on-premises licensees (M.G.L. c. 138, § 12 bars, restaurants, general on premises, hotels, taverns, clubs, war veterans’ clubs, and continuing care retirement communities) may sell up to 192 ounces of malt beverages and 1.5 liters of wine for off-premises consumption only as part of a transaction for the purchase of food.

The sale of malt beverages and wine by § 12 licensees may only be done from opening until 12:00 am midnight, or the licensee’s closing time previously approved by the Local Licensing Authority, whichever is earlier. All wine must be in its original sealed container and all malt beverages must be in sealed containers. All licensees must verify that both the purchaser and recipient of alcohol are at least 21 years old.

Sales must be made as part of a takeout order by way of pickup, including curbside pickup, or delivery. Licensees do not need to obtain a separate transportation permit under M.G.L. c. 138, § 22, in order to make deliveries. Licensees are advised to check with their Local Licensing Authority on any additional requirements in order to sell alcohol for curbside pickup.

All sales must be accompanied by a receipt reflecting the purchase of food along with alcohol, and licensees must keep copies of all receipts for inspection by licensing authorities.

As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. All questions should be directed to the ABCC Executive Director Ralph Sacramone at rsacramone@tre.state.ma.us or (617) 727-3040 x 731.

To view the original advisory, please click here

On Sunday, March 15, 2020, Governor Charlie Baker issued an Order Prohibiting the Gathering of More Than 25 People and On-Premises Consumption of Food or Drink, barring all on-premises consumption of food and drink in Massachusetts in light of the COVID-19 pandemic. 

Effective beginning at 12:00 a.m. on Tuesday, March 17, 2020, all on-premises consumption licensees are prohibited from selling alcohol to the public until 11:59 p.m. on April 5, 2020. This includes restaurants, bars, hotels, general-on-premises, clubs, war veterans' clubs, continuing care retirement communities, pub-brewers (M.G.L. c. 138, §§ 12 and 19D), farmer-series pouring permits, and manufacturer's pouring permits (M.G.L. c. 138, §§ 19(b), 19B(n), 19C(n), and 19E(o)). These establishments are also prohibited from serving any food or drinks for on-premises consumption; only takeout and delivery of food is permitted.

Please note that this Advisory does not apply to licenses for off-premises consumption, including grocery stores, pharmacies, package stores, direct wine shippers, and farmer-series licensees (M.G.L. c. 138, §§ 15, 19B(g)(2), 19C(g)(7), 19E(g)(7), and 19F).

As always, all licensees must ensure that they comply with the laws of the Commonwealth of Massachusetts, and that sales of alcoholic beverages take place only as authorized by federal, state, and local law. All questions should be directed to Ralph Sacramone, RSacramone@tre.state.ma.us, 617-727-3040 ext 731.

To view the original advisory, please click here

To view the Asian version, please click here