Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H387 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. 187 FILED ON: 1/10/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 387
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Adam Scanlon
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 expanding the sale of products by farmer distilleries and wineries.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Adam Scanlon14th Bristol1/10/2023Joseph D. McKenna18th Worcester1/11/2023David F. DeCoste5th Plymouth1/26/2023Mary S. Keefe15th Worcester2/6/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	2/9/2023Erika Uyterhoeven27th Middlesex2/13/2023James B. EldridgeMiddlesex and Worcester2/16/2023Adrianne Pusateri Ramos14th Essex2/18/2023Bruce E. TarrFirst Essex and Middlesex2/21/2023John J. Lawn, Jr.10th Middlesex2/24/2023James C. Arena-DeRosa8th Middlesex2/27/2023Shirley B. Arriaga8th Hampden2/28/2023 1 of 5
18	18	HOUSE DOCKET, NO. 187 FILED ON: 1/10/2023
19	19	HOUSE . . . . . . . . . . . . . . . No. 387
20	20	By Representative Scanlon of North Attleborough, a petition (accompanied by bill, House, No.
21	21	387) of Adam Scanlon and others relative to the sale of products by farmer distilleries and
22	22	wineries. Consumer Protection and Professional Licensure.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act expanding the sale of products by farmer distilleries and wineries.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 138 of the General Laws is hereby amended by striking out section
32	32	215F, as appearing in the 2020 Official Edition, and inserting in place thereof the following
33	33	3section:-
34	34	4 Section 15F. (a) For the purposes of this section, “agricultural event” shall only include
35	35	5events certified by the department of agricultural resources pursuant to this section.
36	36	6 (b) Notwithstanding any other provision of this chapter to the contrary, the local licensing
37	37	7authority of any city or town authorized to grant licenses to sell alcoholic beverages under this
38	38	8chapter may issue to an applicant a special license to sell: (i) wine produced by or for the
39	39	9applicant at an indoor or outdoor agricultural event if the wine is in sealed containers for off-
40	40	10premises consumption and the applicant is authorized to operate a farmer-winery under section
41	41	1119B; (ii) malt beverages produced by or for the applicant at an indoor or outdoor agricultural
42	42	12event if the malt beverages are in sealed containers for off-premises consumption and the 2 of 5
43	43	13applicant is authorized to operate a farmer-brewery under section 19C or a pub brewery under
44	44	14section 19D; or (iii) distilled spirits produced by or for the applicant at an indoor or outdoor
45	45	15agricultural event if the spirits are in sealed containers for off-premises consumption, the
46	46	16applicant is authorized to operate a farmer-distillery under section 19E and the city or town is
47	47	17authorized to grant licenses for the sale of all alcoholic beverages.
48	48	18 (c) The sales of alcoholic beverages under this section shall be conducted by the licensee
49	49	19or by an agent, representative or solicitor of the licensee to customers who are not less than 21
50	50	20years of age. A licensee under this section may provide samples of its alcoholic beverages to
51	51	21prospective customers at an indoor or outdoor agricultural event without charge. Any such
52	52	22sample shall be served by the licensee or by an agent, representative or solicitor of the licensee to
53	53	23individuals who are not less than 21 years of age and shall be consumed in the presence of the
54	54	24licensee or an agent, representative or solicitor of the licensee; provided, however, that a sample
55	55	25of wine shall not exceed 1 ounce, a sample of malt beverage shall not exceed 2 ounces and a
56	56	26sample of distilled spirits shall not exceed ¼ ounce; and provided further, that not more than 5
57	57	27samples shall be served to an individual prospective customer.
58	58	28 (d) An applicant for a special license under this section shall first submit a plan to the
59	59	29department of agricultural resources that shall demonstrate that the event is an agricultural event.
60	60	30The plan shall include: (i) a description of the event; (ii) the date, time and location of the event;
61	61	31(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the
62	62	32applicant has been approved as a vendor at the event, including the name and contact information
63	63	33of the on-site manager; and (v) a plan depicting the premises and the specific location where the
64	64	34license shall be exercised. 3 of 5
65	65	35 (e) Upon review of the plan, the department may certify that the event is an agricultural
66	66	36event; provided, however, that in making that determination, the department shall consider: (i)
67	67	37operation as a farmers’ market or agricultural fair approved or inspected by the department; (ii)
68	68	38the frequency and regularity of the event, including dates, times and locations; (iii) the number of
69	69	39vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the
70	70	40training of the on-site manager; (vii) any operational guidelines or rules, which shall include
71	71	41vendor eligibility and produce source; (viii) the focus of the event on local agricultural products
72	72	42grown or produced within the market area; (ix) the types of shows or exhibits, including those
73	73	43described in clause (f) of section 2 of chapter 128; and (x) the event’s sponsorship or operation
74	74	44by an agricultural or horticultural society organized under the laws of the commonwealth or by a
75	75	45local grange organization or association that has a primary purpose of promoting agriculture and
76	76	46its allied industries. The department may promulgate rules and regulations necessary for the
77	77	47operation, oversight, approval and inspection of agricultural events under this section.
78	78	48 (f) In addition to its application, an applicant for a special license under this section shall
79	79	49file with the local licensing authority proof of certification from the department of agricultural
80	80	50resources that the event is an agricultural event. A special license shall designate the specific
81	81	51premises and the dates and times covered; provided, however, that a special license may be
82	82	52granted for an indoor or outdoor agricultural event that takes place on multiple dates or times
83	83	53during a single calendar year; provided further, that a special license shall not be granted for an
84	84	54agricultural event if it will not take place within 1 calendar year.
85	85	55 (g) A special license under this section shall be conspicuously displayed at the licensed
86	86	56premises. The licensing authority shall submit a copy of a special license to the commission not
87	87	57less than 7 days before the date the agricultural event is first scheduled to begin. The local 4 of 5
88	88	58licensing authority may charge a fee for each special license granted; provided, however, that the
89	89	59fee shall not exceed $50. A special license granted under this section shall not be transferable to
90	90	60any other person, corporation or organization and shall be clearly marked “nontransferable” on
91	91	61its face.
92	92	62 (h) A special license under this section may be granted by a local licensing authority for a
93	93	63portion of premises that are licensed under section 12; provided, however, that: (i) the holder of
94	94	64the special license shall document the legal basis for use of the premises; (ii) the area in which
95	95	65the special license is to be approved shall be physically delineated from the area remaining under
96	96	66the control of the holder of the license granted under said section 12; (iii) the holder of the
97	97	67special license shall be solely liable for all activities that arise from the special license; and (iv)
98	98	68the holder of the special license shall not pay any consideration, directly or indirectly, to the
99	99	69holder of the license granted under said section 12 for the access to or use of the premises.
100	100	70 (i) The commission may promulgate rules and regulations as it deems appropriate to
101	101	71implement this section.
102	102	72 SECTION 2. Section 21 of chapter 138 of the General Laws, as so appearing, is hereby
103	103	73amended by striking out, in lines 20 and 21, the words “six per cent of alcohol by weight” and
104	104	74inserting in place thereof the following words:- 8½ per cent of alcohol by volume.; and
105	105	75 SECTION 3. Said section 21 of said chapter 138, as so appearing, is hereby further
106	106	76amended by striking out, in line 25, the word “six” and inserting in place thereof the following
107	107	77figure:- 8 ½.
108	108	78 SECTION 4. Chapter 138 of the General Laws is hereby amended by inserting after
109	109	79section 33B the following 2 sections:- 5 of 5
110	110	80 Section 33C. In a city or town that accepts this section in the manner provided in section
111	111	814 of chapter 4, an establishment holding a license to sell alcohol to be drunk on the premises
112	112	82shall be permitted to sell alcoholic beverages or alcohol at a discounted price, in a manner as
113	113	83approved by the city or town.
114	114	84 Section 33D. In a city or town that accepts this section in the manner provided in section
115	115	854 of chapter 4, a common victualler duly licensed under chapter 140 or any person duly licensed
116	116	86under section 12 to sell all alcoholic beverages or only wines and malt beverages may discount
117	117	87any alcoholic beverages during a specified time period subject to ordinance, by-law, or other
118	118	88limitations as provided by the city and town and; provided, however, that: (i) the prices of
119	119	89alcoholic beverages are not changed during the time period during which they are discounted; (ii)
120	120	90alcoholic beverages are not discounted between the hours of 10 p.m. and the licensed
121	121	91establishment’s closing hour; and (iii) notice of the discount of the alcoholic beverages during
122	122	92the time period specified is posted on the licensed premises and on the licensee’s publicly
123	123	93available website not less than 3 days prior to the specified time. Authorized persons may
124	124	94advertise events permitted under this statute consistent with local approval.
125	125	95 SECTION 124E. The alcoholic beverages control commission shall convene a 9 member
126	126	96advisory group to assist municipalities and provide guidance on the implementation of sections
127	127	9733C and 33D of chapter 138 of the General Laws. The advisory panel shall consist of diverse
128	128	98membership with expertise in public safety, alcohol licensing, alcohol distribution, small
129	129	99businesses, promotion of safe driving practices and restaurant operations.