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2 | 2 | | HOUSE DOCKET, NO. 1002 FILED ON: 1/17/2023 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 391 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Danillo A. Sena |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to enhance diversity in the awarding of liquor licenses. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Danillo A. Sena37th Middlesex1/17/2023 1 of 15 |
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16 | 16 | | HOUSE DOCKET, NO. 1002 FILED ON: 1/17/2023 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 391 |
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18 | 18 | | By Representative Sena of Acton, a petition (accompanied by bill, House, No. 391) of Danillo A. |
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19 | 19 | | Sena relative to enhancing diversity in the awarding of liquor licenses. Consumer Protection and |
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20 | 20 | | Professional Licensure. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 3946 OF 2021-2022.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Third General Court |
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26 | 26 | | (2023-2024) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act to enhance diversity in the awarding of liquor licenses. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. Section 13A of chapter 30A of the General Laws, as so appearing in the |
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32 | 32 | | 22018 Official Edition, is hereby amended by inserting after the word "number,” in line 4, the |
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33 | 33 | | 3following words:— |
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34 | 34 | | 4 or for the purposes of chapter 138 an individual taxpayer identification number. |
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35 | 35 | | 5 SECTION 2. Said section 13A of said chapter 30A, as so appearing, is hereby amended |
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36 | 36 | | 6by inserting after the word "number,” in line 5, the following words: — |
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37 | 37 | | 7 or individual taxpayer identification number. |
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38 | 38 | | 8 SECTION 3. Said section 13A of said chapter 30A, as so appearing, is hereby amended |
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39 | 39 | | 9by inserting after the word "number,” in line 7, the following words: — 2 of 15 |
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40 | 40 | | 10 or individual taxpayer identification number. |
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41 | 41 | | 11 SECTION 4. Said section 13A of said chapter 30A, as so appearing, is hereby amended |
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42 | 42 | | 12by inserting after the word "number,” in line 10, the following words: — |
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43 | 43 | | 13 or individual taxpayer identification number. |
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44 | 44 | | 14 SECTION 5. Section 15 of chapter 138 of the General Laws, as so appearing, is hereby |
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45 | 45 | | 15amended by striking out the first sentence and inserting in place thereof the following |
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46 | 46 | | 16sentence:— |
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47 | 47 | | 17 The local licensing authorities in any city or town which votes to authorize the granting |
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48 | 48 | | 18of licenses for the sale of all alcoholic beverages, and such authorities in any city or town which |
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49 | 49 | | 19votes to authorize the granting of licenses for the sale of wines and malt beverages only, may |
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50 | 50 | | 20grant licenses for the sale at retail of such alcoholic beverages or wines and malt beverages, as |
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51 | 51 | | 21the case may be, not to be drunk on the premises, to applicants therefor who hold a valid social |
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52 | 52 | | 22security number or individual taxpayer identification number and are residents of the |
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53 | 53 | | 23commonwealth, or partnerships composed solely of such individuals that hold a valid social |
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54 | 54 | | 24security number or individual taxpayer identification number and are residents or to corporations |
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55 | 55 | | 25organized under the laws of the commonwealth and whereof all directors shall hold a social |
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56 | 56 | | 26security number or individual taxpayer identification number and a majority residents of the |
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57 | 57 | | 27commonwealth or to limited liability companies or limited liability partnerships organized under |
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58 | 58 | | 28the laws of the commonwealth, subject to such conditions as the commission may prescribe by |
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59 | 59 | | 29regulation to address issues of residency and the requirements for a manager or principal |
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60 | 60 | | 30representative of a non-citizen licensee under section 26 as qualifications for a limited liability |
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61 | 61 | | 31company or limited liability partnership to hold a license pursuant to this section and sections 18, 3 of 15 |
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62 | 62 | | 3218A, 19, 19B and 19C, or to an applicant licensed to operate as a farmer-winery under said |
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63 | 63 | | 33section 19B or in any other state. |
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64 | 64 | | 34 SECTION 6. Section 18 of said chapter 138, as so appearing, is hereby amended by |
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65 | 65 | | 35striking out the first sentence and inserting in place thereof the following sentence:— |
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66 | 66 | | 36 The commission may issue to any individual who holds a social security number or |
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67 | 67 | | 37individual taxpayer identification number and is a resident of the commonwealth, and to any ship |
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68 | 68 | | 38chandler licensed under the provisions of section thirteen and to partnerships composed solely of |
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69 | 69 | | 39such individuals, and to corporations organized under the laws of the commonwealth whereof all |
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70 | 70 | | 40the directors hold a valid social security number or individual taxpayer identification number and |
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71 | 71 | | 41a majority thereof residents of the commonwealth and to limited liability companies and limited |
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72 | 72 | | 42liability partnerships organized under the laws of the commonwealth, subject to such conditions |
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73 | 73 | | 43as the commission may prescribe by regulation to address issues of residency and the |
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74 | 74 | | 44requirements for a manager or principal representative of a non-citizen licensee under section 26 |
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75 | 75 | | 45as qualifications for a limited liability company or limited liability partnership to hold a license |
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76 | 76 | | 46pursuant to this section and sections 15, 18A, 19, 19B and 19C, licenses as wholesalers and |
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77 | 77 | | 47importers (1) to sell for resale to other licensees under this chapter alcoholic beverages |
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78 | 78 | | 48manufactured by any manufacturer licensed under the provisions of section nineteen and to |
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79 | 79 | | 49import alcoholic beverages into the commonwealth from holders of certificates issued under |
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80 | 80 | | 50section eighteen B whose licensed premises are located in other states and foreign countries for |
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81 | 81 | | 51sale to such licensees, or (2) to sell for resale wines and malt beverages so manufactured to such |
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82 | 82 | | 52licensees and to import as aforesaid wines and malt beverages for sale to such licensees. 4 of 15 |
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83 | 83 | | 53 SECTION 7. Section 18A of said chapter 138, as so appearing, is hereby amended by |
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84 | 84 | | 54striking out the first paragraph and inserting in place thereof the following paragraph:— |
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85 | 85 | | 55 The commission may issue to any individual who holds a social security number or |
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86 | 86 | | 56individual taxpayer identification number and is a resident of the commonwealth, or to any |
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87 | 87 | | 57partnership composed solely of such individuals, or to any corporation organized under the laws |
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88 | 88 | | 58of the commonwealth or organized under the laws of any other state of the United States or of |
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89 | 89 | | 59any foreign country and admitted to do business in the commonwealth or to a limited liability |
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90 | 90 | | 60company or a limited liability partnership organized under the laws of the commonwealth, |
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91 | 91 | | 61subject to such conditions as the commission may prescribe by regulation to address issues of |
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92 | 92 | | 62residency and the requirements for a manager or principal representative of a non-citizen |
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93 | 93 | | 63licensee under section 26 as qualifications for a limited liability company or limited liability |
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94 | 94 | | 64partnership to hold a license pursuant to this section and sections 15, 18, 19, 19B and 19C, a |
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95 | 95 | | 65license which shall authorize the licensee to act as agent, broker or solicitor for any specified |
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96 | 96 | | 66individual, corporation or partnership in another state or foreign country engaged in the business |
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97 | 97 | | 67of manufacturing, importing or selling alcoholic beverages, hereinafter called the principal, and, |
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98 | 98 | | 68on behalf of such principal, to solicit orders for such beverages from holders of licenses under |
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99 | 99 | | 69section eighteen only. A license granted hereunder shall authorize representation of one principal |
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100 | 100 | | 70only, but the licensee may also, in the discretion of the commission, be licensed hereunder to |
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101 | 101 | | 71represent other principals. No licensee hereunder shall buy or sell alcoholic beverages for his |
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102 | 102 | | 72own account, and no such beverages shall be brought into the commonwealth in pursuance of the |
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103 | 103 | | 73exercise of such a license otherwise than through a licensee under said section eighteen. |
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104 | 104 | | 74 SECTION 8. Section 18C of said chapter 138, as so appearing, is hereby amended by |
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105 | 105 | | 75striking out subsection (a) and inserting in place thereof the following subsection: — 5 of 15 |
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106 | 106 | | 76 (a) The commission may issue to an individual who holds a social security number or |
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107 | 107 | | 77individual taxpayer identification number and is a resident of the commonwealth or to a |
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108 | 108 | | 78corporation organized under the laws of the commonwealth whose directors are all holders of a |
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109 | 109 | | 79social security number or individual taxpayer identification number and a majority of them |
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110 | 110 | | 80residents of the commonwealth, or to a limited liability company or limited liability partnership |
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111 | 111 | | 81organized under the laws of the commonwealth whose members are all holders of a social |
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112 | 112 | | 82security number or individual taxpayer identification number and a majority of them residents of |
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113 | 113 | | 83the commonwealth, a license to import alcoholic beverages into the commonwealth for use only |
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114 | 114 | | 84in connection with the manufacture of food products, including ice cream. Nothing in this section |
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115 | 115 | | 85shall authorize the holder of an importer's license issued under this section to sell alcoholic |
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116 | 116 | | 86beverages as he is licensed to import only, or to export alcoholic beverages from the |
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117 | 117 | | 87commonwealth into any other state or into a foreign country. A vote in a city or town pursuant to |
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118 | 118 | | 88section 11 shall not prevent the granting or renewal of a license under this section. All alcoholic |
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119 | 119 | | 89beverages purchased by a licensee under this section, and all alcoholic beverages shipped into |
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120 | 120 | | 90the commonwealth pursuant to any such purchase, shall be warehoused at the warehouse |
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121 | 121 | | 91facilities of the licensee and held in his physical possession at the warehouse. An importer under |
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122 | 122 | | 92this section shall keep such records as the commission may prescribe and shall file with the |
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123 | 123 | | 93commission, as often as it may require, duplicates or copies of those records. The commission |
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124 | 124 | | 94shall have, at all times through its designated officers or agents, access to all books, records and |
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125 | 125 | | 95other documents of each licensed importer relating to the licensee's importer business. |
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126 | 126 | | 96 SECTION 9. Section 19 of said chapter 138, as so appearing, is hereby amended by |
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127 | 127 | | 97striking out subsection (a) and inserting in place thereof the following subsection: — 6 of 15 |
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128 | 128 | | 98 (a) The commission may issue to any individual who holds a social security number or |
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129 | 129 | | 99individual taxpayer identification number and is a resident of the commonwealth and to |
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130 | 130 | | 100partnerships, composed solely of such individuals, and to corporations organized under the laws |
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131 | 131 | | 101of this commonwealth or organized under the laws of any other state of the United States and |
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132 | 132 | | 102admitted to do business in this commonwealth and to limited liability companies and limited |
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133 | 133 | | 103liability partnerships organized under the laws of the commonwealth, subject to such conditions |
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134 | 134 | | 104as the commission may prescribe by regulation to address issues of residency and the need for a |
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135 | 135 | | 105license manager under section 26 as qualifications for a limited liability company or limited |
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136 | 136 | | 106liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19B and |
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137 | 137 | | 10719C, licenses to manufacture alcoholic beverages. Manufacturers of such beverages may sell the |
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138 | 138 | | 108same to any licensee holding a valid license granted by the licensing authorities for the sale |
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139 | 139 | | 109within the commonwealth in accordance with the provisions of this chapter, and may also sell |
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140 | 140 | | 110such beverages for export from this commonwealth into any state where the sale of the same is |
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141 | 141 | | 111not by law prohibited, and into any foreign country; and manufacturers of such beverages may |
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142 | 142 | | 112sell the same to any registered pharmacist holding a certificate of fitness under section thirty and |
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143 | 143 | | 113also as authorized by section twenty-eight. |
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144 | 144 | | 114 Subject to such regulations as may be prescribed by the commission, licensees under this |
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145 | 145 | | 115section may rectify or blend, but only upon such premises and under such conditions as the |
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146 | 146 | | 116commission shall approve, alcoholic beverages manufactured by them. All alcoholic beverages |
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147 | 147 | | 117sold by any manufacturer thereof shall be sold and delivered in such manner, and under such |
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148 | 148 | | 118conditions, and with such labels or other marks to identify the manufacturer, as the commission |
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149 | 149 | | 119shall from time to time prescribe by regulations; provided, that sales of such beverages may be |
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150 | 150 | | 120made in kegs, casks, barrels or bottles, to holders of wholesalers' and importers' licenses; and 7 of 15 |
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151 | 151 | | 121provided, further, that sale of wines and malt beverages may be made in kegs, casks or barrels by |
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152 | 152 | | 122any manufacturer licensed under this section to licensees authorized to sell such beverages under |
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153 | 153 | | 123section twelve, thirteen or fourteen and, for the sole purpose of resale in the containers in which |
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154 | 154 | | 124the same were delivered, to licensees under section fifteen. No licensee under section fifteen |
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155 | 155 | | 125shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such |
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156 | 156 | | 126containers. |
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157 | 157 | | 127 Every licensed manufacturer of alcoholic beverages shall keep such records in such detail |
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158 | 158 | | 128and affording such information as the commission may from time to time prescribe, and shall file |
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159 | 159 | | 129with the commission, whenever and as often as it may require, duplicates of copies of such |
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160 | 160 | | 130records; and the commission shall at all times, through its designated officers or agents, have |
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161 | 161 | | 131access to all books, records and other documents of every licensed manufacturer relating to the |
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162 | 162 | | 132business which he is licensed hereunder to conduct. |
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163 | 163 | | 133 The license fee for each manufacturer of alcoholic beverages, in respect of each plant, |
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164 | 164 | | 134shall be such sum, not less than $6,000 nor more than $10,000, as under the circumstances of the |
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165 | 165 | | 135licensee's probable volume of sales under this section, the capacity of his plant and the location |
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166 | 166 | | 136thereof, the commission shall deem just and proper; provided, that the license fee for each |
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167 | 167 | | 137manufacturer of cider or other alcoholic beverage made from apples shall be such sum, not less |
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168 | 168 | | 138than twenty-five nor more than two hundred and fifty dollars, as the commission shall deem just |
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169 | 169 | | 139and proper, but no such fee shall be collected from any such manufacturer for the making of |
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170 | 170 | | 140cider, the sale of which is authorized by section three without a license. |
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171 | 171 | | 141 No vote in any city or town under section eleven shall prevent the granting or renewal of |
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172 | 172 | | 142a license under this section. 8 of 15 |
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173 | 173 | | 143 SECTION 10. Section 19A of said chapter 138, as so appearing, is hereby amended by |
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174 | 174 | | 144striking out, in line 2, the word "citizens" and inserting in place thereof the following word:— |
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175 | 175 | | 145 residents. |
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176 | 176 | | 146 SECTION 11. Section 19B of said chapter 138, as so appearing, is hereby amended by |
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177 | 177 | | 147striking out subsection (a) and inserting in place thereof the following subsection: — |
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178 | 178 | | 148 (a) For the purpose of encouraging the development of domestic vineyards, the |
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179 | 179 | | 149commission shall issue a farmer-winery license to any applicant who holds a social security |
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180 | 180 | | 150number or individual taxpayer identification number and is a resident of the commonwealth, and |
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181 | 181 | | 151to applying partnerships composed solely of such individuals, and to applying corporations |
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182 | 182 | | 152organized under the laws of the commonwealth or organized under the laws of any other state of |
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183 | 183 | | 153the United States and admitted to do business in this commonwealth and to applying limited |
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184 | 184 | | 154liability companies and limited liability partnerships organized under the laws of the |
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185 | 185 | | 155commonwealth, subject to such conditions as the commission may prescribe by regulation to |
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186 | 186 | | 156address issues of residency and the need for a license manager under section 26 as qualifications |
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187 | 187 | | 157for a limited liability company or limited liability partnership to hold a license pursuant to this |
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188 | 188 | | 158section and sections 15, 18, 18A, 19 and 19C, unless: |
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189 | 189 | | 159 (1) such person does not comply with reasonable application procedures required by the |
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190 | 190 | | 160commission; or |
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191 | 191 | | 161 (2) the commission determines that such person is not of responsible character; or |
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192 | 192 | | 162 (3) a church or school located within five hundred feet of the winery premises has |
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193 | 193 | | 163objected to issuance of the license in accordance with section sixteen C; or 9 of 15 |
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194 | 194 | | 164 (4) the commission determines that the applicant retains or owns an interest, directly or |
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195 | 195 | | 165indirectly, in the business of a licensee under section twelve or fifteen; or |
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196 | 196 | | 166 (5) the commission determines that the applicant retains or owns an interest, directly or |
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197 | 197 | | 167indirectly in more than one business licensed under section eighteen; or |
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198 | 198 | | 168 (6) the applicant has not furnished the requisite license fee or bond; or |
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199 | 199 | | 169 (7) the commission determines that the co-partners, corporate officials or stockholders of |
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200 | 200 | | 170the applicant do not meet the requirements of paragraphs (2), (4) and (5), or that the manager or |
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201 | 201 | | 171agent intended to conduct the winery business on the applicant's behalf does not meet such |
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202 | 202 | | 172requirements, or that such co-partners, officials, stockholders, agent or manager remain |
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203 | 203 | | 173undisclosed. |
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204 | 204 | | 174 SECTION 12. Section 19C of said chapter 138, as so appearing, is hereby amended by |
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205 | 205 | | 175striking out subsection (a) and inserting in place thereof the following subsection: — |
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206 | 206 | | 176 (a) For the purpose of encouraging the development of domestic farms, the commission |
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207 | 207 | | 177shall issue a farmer-brewery license to any applicant who holds a social security number or |
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208 | 208 | | 178individual taxpayer identification number and is a resident of the commonwealth and to applying |
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209 | 209 | | 179partnerships composed solely of such individuals, and to applying corporations organized under |
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210 | 210 | | 180the laws of the commonwealth or organized under the laws of any other state of the United States |
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211 | 211 | | 181and admitted to do business in the commonwealth and to applying limited liability companies |
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212 | 212 | | 182and limited liability partnerships organized under the laws of the commonwealth, subject to such |
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213 | 213 | | 183conditions as the commission may prescribe by regulation to address issues of residency and the |
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214 | 214 | | 184need for a license manager under section 26 as qualifications for a limited liability company or |
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215 | 215 | | 185limited liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19 10 of 15 |
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216 | 216 | | 186and 19B, unless: (1) such person does not comply with reasonable application procedures |
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217 | 217 | | 187required by the commission; or |
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218 | 218 | | 188 (2) the commission determines that such person is not of responsible character; or |
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219 | 219 | | 189 (3) a church or school located within five hundred feet of the brewery premises has |
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220 | 220 | | 190objected to issuance of the license in accordance with section sixteen C; or |
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221 | 221 | | 191 (4) the commission determines that the applicant retains or owns an interest, directly or |
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222 | 222 | | 192indirectly, in the business of a licensee under section twelve or fifteen; or |
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223 | 223 | | 193 (5) the commission determines that the applicant retains or owns an interest, directly or |
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224 | 224 | | 194indirectly in more than one business licensed under section eighteen; or |
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225 | 225 | | 195 (6) the applicant has not furnished the requisite license fee or bond; or |
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226 | 226 | | 196 (7) the commission determines that the co-partners, corporate officials or stockholders of |
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227 | 227 | | 197the applicant do not meet the requirements of clauses (2), (4) and (5), or that the manager or |
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228 | 228 | | 198agent intended to conduct the farmer-brewery business on the applicant's behalf does not meet |
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229 | 229 | | 199such requirements, or that such co-partners, officials, stockholders, agent or manager remain |
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230 | 230 | | 200undisclosed. |
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231 | 231 | | 201 SECTION 13. Section 19D of said chapter 138, as so appearing, is hereby amended by |
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232 | 232 | | 202striking out subsection (a) and inserting in place thereof the following subsection: — |
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233 | 233 | | 203 (a) The commission shall issue a pub brewery license to an applicant who holds a social |
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234 | 234 | | 204security number or individual taxpayer identification number and is a resident of the |
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235 | 235 | | 205commonwealth and to applying partnerships and to applying corporations organized under the |
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236 | 236 | | 206laws of the commonwealth or organized under the laws of any other state and admitted to do 11 of 15 |
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237 | 237 | | 207business in the commonwealth and to applying limited liability companies or limited liability |
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238 | 238 | | 208partnerships organized under the laws of the commonwealth unless: |
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239 | 239 | | 209 (1) such person does not comply with application procedures required by the |
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240 | 240 | | 210commission; |
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241 | 241 | | 211 (2) the commission determines that such applicant is not of responsible character; |
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242 | 242 | | 212 (3) a church or school located within 500 feet of the brewery premises has objected to the |
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243 | 243 | | 213issuance of such license in accordance with the provisions of section 16C and the commission |
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244 | 244 | | 214finds that the pub brewery premises are detrimental to the spiritual activities of such church; |
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245 | 245 | | 215 (4) the commission determines that the applicant retains or owns an interest, directly or |
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246 | 246 | | 216indirectly, in the business of a licensee under section 15 or a business which would be licensed |
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247 | 247 | | 217under said section 15 if it were located within the commonwealth; |
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248 | 248 | | 218 (5) the commission determines that the applicant retains or owns an interest, directly or |
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249 | 249 | | 219indirectly, in a business license under section 18 or a business which would be licensed under |
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250 | 250 | | 220said section 18 if it were located within the commonwealth; |
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251 | 251 | | 221 (6) the commission determines that the applicant retains or owns an interest, directly or |
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252 | 252 | | 222indirectly, in any activity or in any business directly or indirectly engaged in the business of |
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253 | 253 | | 223manufacturing any alcoholic beverages either within or outside of the commonwealth, except |
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254 | 254 | | 224any interest, directly or indirectly, in a pub brewery license under this section or any business |
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255 | 255 | | 225which would be licensed as a pub brewery under this section if it were located within the |
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256 | 256 | | 226commonwealth; 12 of 15 |
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257 | 257 | | 227 (7) the commission determines that the applicant retains or owns an interest, directly or |
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258 | 258 | | 228indirectly, in the business of a holder of a certificate issued under section 18B; |
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259 | 259 | | 229 (8) the applicant has not furnished the requisite license fee or bond; or |
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260 | 260 | | 230 (9) the commission determines that the co-partners, corporate officials or stockholders of |
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261 | 261 | | 231the applicant do not meet the requirements of clauses (2), (4), (5), (6), (7) and (8), or that the |
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262 | 262 | | 232manager or agent intended to conduct the pub brewery business on the applicant's behalf does |
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263 | 263 | | 233not meet such requirements, or that such co-partners, officials, stockholders, agents or managers |
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264 | 264 | | 234remain undisclosed. |
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265 | 265 | | 235 SECTION 14. Section 19E of said chapter 138, as so appearing, is hereby amended by |
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266 | 266 | | 236striking out subsection (a) and inserting in place thereof the following subsection: — |
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267 | 267 | | 237 (a) For the purpose of encouraging the development of domestic farms, the commission |
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268 | 268 | | 238shall issue a farmer-distillery license to an applicant who holds a social security number or |
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269 | 269 | | 239individual taxpayer identification number and is a resident of the commonwealth and to applying |
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270 | 270 | | 240partnerships composed solely of such individuals, and to applying corporations organized under |
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271 | 271 | | 241the laws of the commonwealth or organized under the laws of any other state of the United States |
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272 | 272 | | 242and admitted to do business in the commonwealth, unless:— |
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273 | 273 | | 243 (1) such person does not comply with reasonable application procedures required by the |
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274 | 274 | | 244commission; |
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275 | 275 | | 245 (2) the commission determines that such person is not of responsible character; |
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276 | 276 | | 246 (3) a church or school located within 500 feet of the farmer-distillery premises has |
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277 | 277 | | 247objected to the issuance of a license in accordance with section 16C; 13 of 15 |
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278 | 278 | | 248 (4) the commission determines that the applicant retains or owns an interest, directly or |
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279 | 279 | | 249indirectly, in the business of a licensee under section 12 or 15; |
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280 | 280 | | 250 (5) the commission determines that the applicant retains or owns an interest, directly or |
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281 | 281 | | 251indirectly, in more than 1 business licensed under section 18; |
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282 | 282 | | 252 (6) the applicant has not furnished the requisite license fee or bond; or |
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283 | 283 | | 253 (7) the commission determines that the co-partners, corporate officials or stockholders of |
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284 | 284 | | 254the applicant do not meet the requirements of paragraphs (2), (4) and (5) or that the agent or |
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285 | 285 | | 255manager who intends to conduct the farmer-distillery business on the applicant's behalf does not |
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286 | 286 | | 256meet the requirements or that the co-partners, officials, stockholders, agent or manager remain |
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287 | 287 | | 257undisclosed. |
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288 | 288 | | 258 SECTION 15. Section 19G of said chapter 138, as so appearing, is hereby amended by |
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289 | 289 | | 259striking out subsection (a) and inserting in place thereof the following subsection: — |
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290 | 290 | | 260 (a) The commission may issue a tenant brewer license which authorizes the licensee to |
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291 | 291 | | 261manufacture or package malt beverages on the premises of a host brewer to any individual |
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292 | 292 | | 262applicant who holds a social security number or individual taxpayer identification number and is |
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293 | 293 | | 263a resident of the commonwealth or to a corporation, partnership or other entity which complies |
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294 | 294 | | 264with the requirements of section 26 and is a holder of a certificate of compliance issued pursuant |
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295 | 295 | | 265to section 18B. An applicant for a tenant brewer license shall provide the commission and the |
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296 | 296 | | 266department of revenue with a true copy of the applicable alcoholic beverage license to |
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297 | 297 | | 267manufacture, export and import as issued by the appropriate licensing authority. 14 of 15 |
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298 | 298 | | 268 To be eligible for a tenant brewer license, the applicant shall: (i) be licensed pursuant to |
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299 | 299 | | 269section 19 or section 19C or a license holder outside the commonwealth that is authorized to |
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300 | 300 | | 270manufacture, export and import malt beverages; (ii) comply with any federal law regulating the |
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301 | 301 | | 271manufacture, export or import of malt beverages as identified by the commission in a written |
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302 | 302 | | 272guidance that shall be issued to each host brewer, tenant brewer and wholesaler licensed pursuant |
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303 | 303 | | 273to section 18; and (iii) shall have an approved alternating proprietorship arrangement that allows |
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304 | 304 | | 274the applicant to use the facilities, equipment and employees of a host brewer. |
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305 | 305 | | 275 A tenant brewer may import such raw materials as are required solely for the production |
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306 | 306 | | 276and packaging of the malt beverages including, without limitation, bulk malt beverages produced |
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307 | 307 | | 277by the tenant brewer at its brewery of origin. The bulk malt beverages imported by the tenant |
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308 | 308 | | 278brewer shall be packaged and shipped back to the tenant brewer's brewery of origin or to a |
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309 | 309 | | 279wholesaler licensed pursuant to section 18 or to a license holder outside the commonwealth |
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310 | 310 | | 280authorized to import malt beverages designated by the tenant brewer within 10 days after receipt |
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311 | 311 | | 281by the host brewer. |
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312 | 312 | | 282 Any product produced or packaged at the host brewer's premises shall be removed from |
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313 | 313 | | 283the host brewer's premises within 10 days after the brewing or packaging process is completed. |
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314 | 314 | | 284The finished product shall be returned to the tenant brewer's brewery of origin or to a wholesaler |
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315 | 315 | | 285licensed pursuant to section 18 or to a license holder outside the commonwealth authorized to |
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316 | 316 | | 286import malt beverages designated by the tenant brewer. |
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317 | 317 | | 287 SECTION 16. Said chapter 138 is hereby amended by striking out section 26, as so |
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318 | 318 | | 288appearing, and inserting in place thereof the following section:— 15 of 15 |
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319 | 319 | | 289 Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle |
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320 | 320 | | 290permit for the transportation thereof shall be issued to any person who does not, at the time of the |
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321 | 321 | | 291person’s application therefor, hold a social security number or individual taxpayer identification |
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322 | 322 | | 292number, or to any agent of any such person, and no person who does not hold a social security |
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323 | 323 | | 293number or individual taxpayer identification number shall be appointed as manager or other |
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324 | 324 | | 294principal representative of any licensee; provided, that nothing herein shall prevent the granting |
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325 | 325 | | 295of a license under section eighteen A to any corporation organized under the laws of a foreign |
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326 | 326 | | 296country or the granting of a vehicle permit to such a corporation so licensed. |
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327 | 327 | | 297 No corporation, organized under the laws of the commonwealth or of any other state or |
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328 | 328 | | 298foreign country, shall be given a license to sell in any manner any alcoholic beverages unless |
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329 | 329 | | 299such corporation shall have first appointed, in such manner as the licensing authorities by |
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330 | 330 | | 300regulation prescribe, as manager or other principal representative, a holder of a social security |
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331 | 331 | | 301number or individual taxpayer identification number, and shall have vested in the manager or |
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332 | 332 | | 302other principal representative by properly authorized and executed written delegation as full |
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333 | 333 | | 303authority and control of the premises, described in the license of such corporation, and of the |
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334 | 334 | | 304conduct of all business therein relative to alcoholic beverages as the licensee itself could in any |
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335 | 335 | | 305way have and exercise if it were a natural person resident in the commonwealth, nor unless such |
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336 | 336 | | 306manager or representative is, with respect to the manager or representative’s character, |
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337 | 337 | | 307satisfactory to the licensing authorities. |
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338 | 338 | | 308 No provision of this chapter shall impair any right growing out of any treaty to which the |
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339 | 339 | | 309United States is a party. |
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