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