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