Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3817 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 3479 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3817
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Tommy Vitolo
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to the portability of alcohol service licenses.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Tommy Vitolo15th Norfolk1/20/2023 1 of 4
16	16	HOUSE DOCKET, NO. 3479 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3817
18	18	By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 3817) of
19	19	Tommy Vitolo relative to the portability of alcohol service licenses. Consumer Protection and
20	20	Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Third General Court
24	24	(2023-2024)
25	25	_______________
26	26	An Act relative to the portability of alcohol service licenses.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Section 12C of chapter 138 of the General Laws, as appearing in the 2020
30	30	2Official Edition, is hereby amended by adding the following subsection:-
31	31	3 (d) A licensee under this section shall not be required to serve food or hold a food service
32	32	4permit, but a licensee may serve food if it obtains a proper food service permit.
33	33	5 SECTION 2. Said chapter 138 is hereby amended by inserting, after section 12C, the
34	34	6following 2 sections:-
35	35	7 Section 12D. (a) The commission may issue an annual mobile alcohol service license to
36	36	8an operator of a mobile alcohol service for the sale and service of alcoholic beverages to be
37	37	9served and drunk on the premises where the operator serves a private event that is not open to the
38	38	10public; provided, however, that no such license shall be exercisable on premises located in a city
39	39	11or town wherein the granting of licenses under section 12 has not been authorized by that city or
40	40	12town. A mobile alcohol service license shall authorize the licensee to store, transport, sell and 2 of 4
41	41	13deliver alcoholic beverages in the ordinary course of the licensee's business. Alcoholic beverages
42	42	14may be stored only on the premises owned by the licensee or that the licensee has the exclusive
43	43	15right to occupy. A mobile alcohol service licensed pursuant to this section shall not serve
44	44	16alcoholic beverages at the licensee’s principal place of business. A licensee under this section
45	45	17shall purchase all alcoholic beverages for resale from a wholesaler licensed pursuant to section
46	46	1818 and shall maintain liquor liability insurance providing security for the liability of the licensee
47	47	19in a minimum amount of $250,000 on account of injury to or death of 1 person and $500,000 on
48	48	20account of any 1 accident resulting in injury to or death of more than 1 person. The service of
49	49	21alcoholic beverages shall not be for more than 5 hours during an event. All agents and employees
50	50	22of a licensed mobile alcohol service who serve alcoholic beverages shall be certified by a
51	51	23nationally-recognized alcoholic beverages server training program. The license shall be
52	52	24renewable annually and shall be subject to an annual fee of $1,500.
53	53	25 (b) A mobile alcohol service licensed pursuant to this section shall not serve food at any
54	54	26event at which it serves alcohol.
55	55	27 (c) Prior to 48 hours before the start of an event where alcoholic beverages shall be
56	56	28served, a mobile alcohol service licensed under this section shall provide written notice of the
57	57	29event to the police chief and the local licensing authority of the city or town wherein the event
58	58	30will be held. The notice shall include the following information:
59	59	31 (i) a copy of the mobile alcohol service license;
60	60	32 (ii) proof of liquor liability insurance; and
61	61	33 (iii) emergency contact information of the manager of the licensee’s company. 3 of 4
62	62	34 (d) The commission, after notice to the licensee and reasonable opportunity to be heard,
63	63	35may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee
64	64	36violated or permitted a violation of a condition of the license or of any law of the commonwealth
65	65	37or regulation of the commission. The decision of the commission shall be final and conclusive.
66	66	38 Section 12E. (a) The commission may issue an annual mobile alcohol service license to
67	67	39an operator of a mobile alcohol service for the sale and service of alcoholic beverages to be
68	68	40served and drunk on the premises where the operator serves a private event that is not open to the
69	69	41public; provided, however,
70	70	42 that no such license shall be exercisable on premises located in a city or town wherein the
71	71	43granting of licenses under section 12 has not been authorized by that city or town. A mobile
72	72	44alcohol service license shall authorize the licensee to store, transport, sell and deliver alcoholic
73	73	45beverages in the ordinary course of the licensee's business. Alcoholic beverages may be stored
74	74	46only on the premises owned by the licensee or that the licensee has the exclusive right to occupy.
75	75	47A mobile alcohol service licensed pursuant to this section shall not serve alcoholic beverages at
76	76	48the licensee’s principal place of business. A licensee under this section shall purchase all
77	77	49alcoholic beverages for resale from a wholesaler licensed pursuant to section 18 and shall
78	78	50maintain liquor liability insurance providing security for the liability of the licensee in a
79	79	51minimum amount of $250,000 on account of injury to or death of 1 person and $500,000 on
80	80	52account of any 1 accident resulting in injury to or death of more than 1 person. The service of
81	81	53alcoholic beverages shall not be for more than 5 hours during an event. All agents and employees
82	82	54of a licensed mobile alcohol service who serve alcoholic beverages shall be certified by a
83	83	55nationally-recognized alcoholic beverages server training program. The license shall be
84	84	56renewable annually and shall be subject to an annual fee of $1,500. 4 of 4
85	85	57 (b) A mobile alcohol service licensed pursuant to this section shall not serve food at any
86	86	58event at which it serves alcohol; provided, that a mobile alcohol service licensed pursuant to this
87	87	59section shall only serve alcohol at events at which food is provided by a person or service with a
88	88	60food service permit.
89	89	61 (c) Prior to 48 hours before the start of an event where alcoholic beverages shall be
90	90	62served, a mobile alcohol service licensed under this section shall provide written notice of the
91	91	63event to the police chief and the local licensing authority of the city or town wherein the event
92	92	64will be held. The notice shall include the following information:
93	93	65 (i) a copy of the mobile alcohol service license;
94	94	66 (ii) proof of liquor liability insurance; and
95	95	67 (iii) emergency contact information of the manager of the licensee’s company.
96	96	68 (d) The commission, after notice to the licensee and reasonable opportunity to be heard,
97	97	69may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee
98	98	70violated or permitted a violation of a condition of the license or of any law of the commonwealth
99	99	71or regulation of the commission. The decision of the commission shall be final and conclusive.