1 | 1 | | 1 of 1 |
---|
2 | 2 | | SENATE DOCKET, NO. 1218 FILED ON: 1/19/2023 |
---|
3 | 3 | | SENATE . . . . . . . . . . . . . . No. 162 |
---|
4 | 4 | | The Commonwealth of Massachusetts |
---|
5 | 5 | | _________________ |
---|
6 | 6 | | PRESENTED BY: |
---|
7 | 7 | | James B. Eldridge |
---|
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 to enhance diversity in the awarding of liquor licenses. |
---|
13 | 13 | | _______________ |
---|
14 | 14 | | PETITION OF: |
---|
15 | 15 | | NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and Worcester 1 of 15 |
---|
16 | 16 | | SENATE DOCKET, NO. 1218 FILED ON: 1/19/2023 |
---|
17 | 17 | | SENATE . . . . . . . . . . . . . . No. 162 |
---|
18 | 18 | | By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 162) of James B. Eldridge for |
---|
19 | 19 | | legislation to enhance diversity in the awarding of liquor licenses. Consumer Protection and |
---|
20 | 20 | | Professional Licensure. |
---|
21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
---|
22 | 22 | | SEE SENATE, NO. 2867 OF 2021-2022.] |
---|
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 to enhance diversity in the awarding of liquor licenses. |
---|
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. Section 13A of chapter 30A of the General Laws, as appearing in the 2020 |
---|
32 | 32 | | 2Official Edition, is hereby amended by inserting after the word "number”, in line 4, the following |
---|
33 | 33 | | 3words:- or for the purposes of chapter 138 an individual taxpayer identification number. |
---|
34 | 34 | | 4 SECTION 2. Said section 13A of said chapter 30A, as so appearing, is hereby further |
---|
35 | 35 | | 5amended by inserting after the word “number”, in lines 5, 7, the second time it appears, and 10, |
---|
36 | 36 | | 6the following words:- or individual taxpayer identification number. |
---|
37 | 37 | | 7 SECTION 3. Section 15 of chapter 138 of the General Laws, as so appearing, is hereby |
---|
38 | 38 | | 8amended by striking out the first sentence and inserting in place thereof the following sentence:- 2 of 15 |
---|
39 | 39 | | 9 The local licensing authorities in any city or town which votes to authorize the granting |
---|
40 | 40 | | 10of licenses for the sale of all alcoholic beverages, and such authorities in any city or town which |
---|
41 | 41 | | 11votes to authorize the granting of licenses for the sale of wines and malt beverages only, may |
---|
42 | 42 | | 12grant licenses for the sale at retail of such alcoholic beverages or wines and malt beverages, as |
---|
43 | 43 | | 13the case may be, not to be drunk on the premises, to applicants therefor who hold a valid social |
---|
44 | 44 | | 14security number or individual taxpayer identification number and are residents of the |
---|
45 | 45 | | 15commonwealth, or partnerships composed solely of such individuals that hold a valid social |
---|
46 | 46 | | 16security number or individual taxpayer identification number and are residents or to corporations |
---|
47 | 47 | | 17organized under the laws of the commonwealth and whereof all directors shall hold a social |
---|
48 | 48 | | 18security number or individual taxpayer identification number and a majority residents of the |
---|
49 | 49 | | 19commonwealth or to limited liability companies or limited liability partnerships organized under |
---|
50 | 50 | | 20the laws of the commonwealth, subject to such conditions as the commission may prescribe by |
---|
51 | 51 | | 21regulation to address issues of residency and the requirements for a manager or principal |
---|
52 | 52 | | 22representative of a non-citizen licensee under section 26 as qualifications for a limited liability |
---|
53 | 53 | | 23company or limited liability partnership to hold a license pursuant to this section and sections 18, |
---|
54 | 54 | | 2418A, 19, 19B and 19C, or to an applicant licensed to operate as a farmer-winery under said |
---|
55 | 55 | | 25section 19B or in any other state. |
---|
56 | 56 | | 26 SECTION 4. Section 18 of said chapter 138, as so appearing, is hereby amended by |
---|
57 | 57 | | 27striking out the first sentence and inserting in place thereof the following sentence:- |
---|
58 | 58 | | 28 The commission may issue to any individual who holds a social security number or |
---|
59 | 59 | | 29individual taxpayer identification number and is a resident of the commonwealth, and to any ship |
---|
60 | 60 | | 30chandler licensed under the provisions of section thirteen and to partnerships composed solely of |
---|
61 | 61 | | 31such individuals, and to corporations organized under the laws of the commonwealth whereof all 3 of 15 |
---|
62 | 62 | | 32the directors hold a valid social security number or individual taxpayer identification number and |
---|
63 | 63 | | 33a majority thereof residents of the commonwealth and to limited liability companies and limited |
---|
64 | 64 | | 34liability partnerships organized under the laws of the commonwealth, subject to such conditions |
---|
65 | 65 | | 35as the commission may prescribe by regulation to address issues of residency and the |
---|
66 | 66 | | 36requirements for a manager or principal representative of a non-citizen licensee under section 26 |
---|
67 | 67 | | 37as qualifications for a limited liability company or limited liability partnership to hold a license |
---|
68 | 68 | | 38pursuant to this section and sections 15, 18A, 19, 19B and 19C, licenses as wholesalers and |
---|
69 | 69 | | 39importers (1) to sell for resale to other licensees under this chapter alcoholic beverages |
---|
70 | 70 | | 40manufactured by any manufacturer licensed under the provisions of section nineteen and to |
---|
71 | 71 | | 41import alcoholic beverages into the commonwealth from holders of certificates issued under |
---|
72 | 72 | | 42section eighteen B whose licensed premises are located in other states and foreign countries for |
---|
73 | 73 | | 43sale to such licensees, or (2) to sell for resale wines and malt beverages so manufactured to such |
---|
74 | 74 | | 44licensees and to import as aforesaid wines and malt beverages for sale to such licensees. |
---|
75 | 75 | | 45 SECTION 5. Section 18A of said chapter 138, as so appearing, is hereby amended by |
---|
76 | 76 | | 46striking out the first paragraph and inserting in place thereof the following paragraph:- |
---|
77 | 77 | | 47 The commission may issue to any individual who holds a social security number or |
---|
78 | 78 | | 48individual taxpayer identification number and is a resident of the commonwealth, or to any |
---|
79 | 79 | | 49partnership composed solely of such individuals, or to any corporation organized under the laws |
---|
80 | 80 | | 50of the commonwealth or organized under the laws of any other state of the United States or of |
---|
81 | 81 | | 51any foreign country and admitted to do business in the commonwealth or to a limited liability |
---|
82 | 82 | | 52company or a limited liability partnership organized under the laws of the commonwealth, |
---|
83 | 83 | | 53subject to such conditions as the commission may prescribe by regulation to address issues of |
---|
84 | 84 | | 54residency and the requirements for a manager or principal representative of a non-citizen 4 of 15 |
---|
85 | 85 | | 55licensee under section 26 as qualifications for a limited liability company or limited liability |
---|
86 | 86 | | 56partnership to hold a license pursuant to this section and sections 15, 18, 19, 19B and 19C, a |
---|
87 | 87 | | 57license which shall authorize the licensee to act as agent, broker or solicitor for any specified |
---|
88 | 88 | | 58individual, corporation or partnership in another state or foreign country engaged in the business |
---|
89 | 89 | | 59of manufacturing, importing or selling alcoholic beverages, hereinafter called the principal, and, |
---|
90 | 90 | | 60on behalf of such principal, to solicit orders for such beverages from holders of licenses under |
---|
91 | 91 | | 61section eighteen only. A license granted hereunder shall authorize representation of one principal |
---|
92 | 92 | | 62only, but the licensee may also, in the discretion of the commission, be licensed hereunder to |
---|
93 | 93 | | 63represent other principals. No licensee hereunder shall buy or sell alcoholic beverages for his |
---|
94 | 94 | | 64own account, and no such beverages shall be brought into the commonwealth in pursuance of the |
---|
95 | 95 | | 65exercise of such a license otherwise than through a licensee under said section eighteen. |
---|
96 | 96 | | 66 SECTION 6. Section 18C of said chapter 138, as so appearing, is hereby amended by |
---|
97 | 97 | | 67striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
98 | 98 | | 68 (a) The commission may issue to an individual who holds a social security number or |
---|
99 | 99 | | 69individual taxpayer identification number and is a resident of the commonwealth or to a |
---|
100 | 100 | | 70corporation organized under the laws of the commonwealth whose directors are all holders of a |
---|
101 | 101 | | 71social security number or individual taxpayer identification number and a majority of them |
---|
102 | 102 | | 72residents of the commonwealth, or to a limited liability company or limited liability partnership |
---|
103 | 103 | | 73organized under the laws of the commonwealth whose members are all holders of a social |
---|
104 | 104 | | 74security number or individual taxpayer identification number and a majority of them residents of |
---|
105 | 105 | | 75the commonwealth, a license to import alcoholic beverages into the commonwealth for use only |
---|
106 | 106 | | 76in connection with the manufacture of food products, including ice cream. Nothing in this section |
---|
107 | 107 | | 77shall authorize the holder of an importer's license issued under this section to sell alcoholic 5 of 15 |
---|
108 | 108 | | 78beverages as he is licensed to import only, or to export alcoholic beverages from the |
---|
109 | 109 | | 79commonwealth into any other state or into a foreign country. A vote in a city or town pursuant to |
---|
110 | 110 | | 80section 11 shall not prevent the granting or renewal of a license under this section. All alcoholic |
---|
111 | 111 | | 81beverages purchased by a licensee under this section, and all alcoholic beverages shipped into |
---|
112 | 112 | | 82the commonwealth pursuant to any such purchase, shall be warehoused at the warehouse |
---|
113 | 113 | | 83facilities of the licensee and held in his physical possession at the warehouse. An importer under |
---|
114 | 114 | | 84this section shall keep such records as the commission may prescribe and shall file with the |
---|
115 | 115 | | 85commission, as often as it may require, duplicates or copies of those records. The commission |
---|
116 | 116 | | 86shall have, at all times through its designated officers or agents, access to all books, records and |
---|
117 | 117 | | 87other documents of each licensed importer relating to the licensee's importer business. |
---|
118 | 118 | | 88 SECTION 7. Section 19 of said chapter 138, as so appearing, is hereby amended by |
---|
119 | 119 | | 89striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
120 | 120 | | 90 (a) The commission may issue to any individual who holds a social security number or |
---|
121 | 121 | | 91individual taxpayer identification number and is a resident of the commonwealth and to |
---|
122 | 122 | | 92partnerships, composed solely of such individuals, and to corporations organized under the laws |
---|
123 | 123 | | 93of this commonwealth or organized under the laws of any other state of the United States and |
---|
124 | 124 | | 94admitted to do business in this commonwealth and to limited liability companies and limited |
---|
125 | 125 | | 95liability partnerships organized under the laws of the commonwealth, subject to such conditions |
---|
126 | 126 | | 96as the commission may prescribe by regulation to address issues of residency and the need for a |
---|
127 | 127 | | 97license manager under section 26 as qualifications for a limited liability company or limited |
---|
128 | 128 | | 98liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19B and |
---|
129 | 129 | | 9919C, licenses to manufacture alcoholic beverages. Manufacturers of such beverages may sell the |
---|
130 | 130 | | 100same to any licensee holding a valid license granted by the licensing authorities for the sale 6 of 15 |
---|
131 | 131 | | 101within the commonwealth in accordance with the provisions of this chapter, and may also sell |
---|
132 | 132 | | 102such beverages for export from this commonwealth into any state where the sale of the same is |
---|
133 | 133 | | 103not by law prohibited, and into any foreign country; and manufacturers of such beverages may |
---|
134 | 134 | | 104sell the same to any registered pharmacist holding a certificate of fitness under section thirty and |
---|
135 | 135 | | 105also as authorized by section twenty-eight. |
---|
136 | 136 | | 106 Subject to such regulations as may be prescribed by the commission, licensees under this |
---|
137 | 137 | | 107section may rectify or blend, but only upon such premises and under such conditions as the |
---|
138 | 138 | | 108commission shall approve, alcoholic beverages manufactured by them. All alcoholic beverages |
---|
139 | 139 | | 109sold by any manufacturer thereof shall be sold and delivered in such manner, and under such |
---|
140 | 140 | | 110conditions, and with such labels or other marks to identify the manufacturer, as the commission |
---|
141 | 141 | | 111shall from time to time prescribe by regulations; provided, that sales of such beverages may be |
---|
142 | 142 | | 112made in kegs, casks, barrels or bottles, to holders of wholesalers' and importers' licenses; and |
---|
143 | 143 | | 113provided, further, that sale of wines and malt beverages may be made in kegs, casks or barrels by |
---|
144 | 144 | | 114any manufacturer licensed under this section to licensees authorized to sell such beverages under |
---|
145 | 145 | | 115section twelve, thirteen or fourteen and, for the sole purpose of resale in the containers in which |
---|
146 | 146 | | 116the same were delivered, to licensees under section fifteen. No licensee under section fifteen |
---|
147 | 147 | | 117shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such |
---|
148 | 148 | | 118containers. |
---|
149 | 149 | | 119 Every licensed manufacturer of alcoholic beverages shall keep such records in such detail |
---|
150 | 150 | | 120and affording such information as the commission may from time to time prescribe, and shall file |
---|
151 | 151 | | 121with the commission, whenever and as often as it may require, duplicates of copies of such |
---|
152 | 152 | | 122records; and the commission shall at all times, through its designated officers or agents, have 7 of 15 |
---|
153 | 153 | | 123access to all books, records and other documents of every licensed manufacturer relating to the |
---|
154 | 154 | | 124business which he is licensed hereunder to conduct. |
---|
155 | 155 | | 125 The license fee for each manufacturer of alcoholic beverages, in respect of each plant, |
---|
156 | 156 | | 126shall be such sum, not less than $6,000 nor more than $10,000, as under the circumstances of the |
---|
157 | 157 | | 127licensee's probable volume of sales under this section, the capacity of his plant and the location |
---|
158 | 158 | | 128thereof, the commission shall deem just and proper; provided, that the license fee for each |
---|
159 | 159 | | 129manufacturer of cider or other alcoholic beverage made from apples shall be such sum, not less |
---|
160 | 160 | | 130than twenty-five nor more than two hundred and fifty dollars, as the commission shall deem just |
---|
161 | 161 | | 131and proper, but no such fee shall be collected from any such manufacturer for the making of |
---|
162 | 162 | | 132cider, the sale of which is authorized by section three without a license. |
---|
163 | 163 | | 133 No vote in any city or town under section eleven shall prevent the granting or renewal of |
---|
164 | 164 | | 134a license under this section. |
---|
165 | 165 | | 135 SECTION 8. Section 19A of said chapter 138, as so appearing, is hereby amended by |
---|
166 | 166 | | 136striking out, in line 2, the word "citizens" and inserting in place thereof the following word:- |
---|
167 | 167 | | 137residents. |
---|
168 | 168 | | 138 SECTION 9. Section 19B of said chapter 138, as so appearing, is hereby amended by |
---|
169 | 169 | | 139striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
170 | 170 | | 140 (a) For the purpose of encouraging the development of domestic vineyards, the |
---|
171 | 171 | | 141commission shall issue a farmer-winery license to any applicant who holds a social security |
---|
172 | 172 | | 142number or individual taxpayer identification number and is a resident of the commonwealth, and |
---|
173 | 173 | | 143to applying partnerships composed solely of such individuals, and to applying corporations |
---|
174 | 174 | | 144organized under the laws of the commonwealth or organized under the laws of any other state of 8 of 15 |
---|
175 | 175 | | 145the United States and admitted to do business in this commonwealth and to applying limited |
---|
176 | 176 | | 146liability companies and limited liability partnerships organized under the laws of the |
---|
177 | 177 | | 147commonwealth, subject to such conditions as the commission may prescribe by regulation to |
---|
178 | 178 | | 148address issues of residency and the need for a license manager under section 26 as qualifications |
---|
179 | 179 | | 149for a limited liability company or limited liability partnership to hold a license pursuant to this |
---|
180 | 180 | | 150section and sections 15, 18, 18A, 19 and 19C, unless: |
---|
181 | 181 | | 151 (1) such person does not comply with reasonable application procedures required by the |
---|
182 | 182 | | 152commission; or |
---|
183 | 183 | | 153 (2) the commission determines that such person is not of responsible character; or |
---|
184 | 184 | | 154 (3) a church or school located within five hundred feet of the winery premises has |
---|
185 | 185 | | 155objected to issuance of the license in accordance with section sixteen C; or |
---|
186 | 186 | | 156 (4) the commission determines that the applicant retains or owns an interest, directly or |
---|
187 | 187 | | 157indirectly, in the business of a licensee under section twelve or fifteen; or |
---|
188 | 188 | | 158 (5) the commission determines that the applicant retains or owns an interest, directly or |
---|
189 | 189 | | 159indirectly in more than one business licensed under section eighteen; or |
---|
190 | 190 | | 160 (6) the applicant has not furnished the requisite license fee or bond; or |
---|
191 | 191 | | 161 (7) the commission determines that the co-partners, corporate officials or stockholders of |
---|
192 | 192 | | 162the applicant do not meet the requirements of paragraphs (2), (4) and (5), or that the manager or |
---|
193 | 193 | | 163agent intended to conduct the winery business on the applicant's behalf does not meet such |
---|
194 | 194 | | 164requirements, or that such co-partners, officials, stockholders, agent or manager remain |
---|
195 | 195 | | 165undisclosed. 9 of 15 |
---|
196 | 196 | | 166 SECTION 10. Section 19C of said chapter 138, as so appearing, is hereby amended by |
---|
197 | 197 | | 167striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
198 | 198 | | 168 (a) For the purpose of encouraging the development of domestic farms, the commission |
---|
199 | 199 | | 169shall issue a farmer-brewery license to any applicant who holds a social security number or |
---|
200 | 200 | | 170individual taxpayer identification number and is a resident of the commonwealth and to applying |
---|
201 | 201 | | 171partnerships composed solely of such individuals, and to applying corporations organized under |
---|
202 | 202 | | 172the laws of the commonwealth or organized under the laws of any other state of the United States |
---|
203 | 203 | | 173and admitted to do business in the commonwealth and to applying limited liability companies |
---|
204 | 204 | | 174and limited liability partnerships organized under the laws of the commonwealth, subject to such |
---|
205 | 205 | | 175conditions as the commission may prescribe by regulation to address issues of residency and the |
---|
206 | 206 | | 176need for a license manager under section 26 as qualifications for a limited liability company or |
---|
207 | 207 | | 177limited liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19 |
---|
208 | 208 | | 178and 19B, unless: (1) such person does not comply with reasonable application procedures |
---|
209 | 209 | | 179required by the commission; or |
---|
210 | 210 | | 180 (2) the commission determines that such person is not of responsible character; or |
---|
211 | 211 | | 181 (3) a church or school located within five hundred feet of the brewery premises has |
---|
212 | 212 | | 182objected to issuance of the license in accordance with section sixteen C; or |
---|
213 | 213 | | 183 (4) the commission determines that the applicant retains or owns an interest, directly or |
---|
214 | 214 | | 184indirectly, in the business of a licensee under section twelve or fifteen; or |
---|
215 | 215 | | 185 (5) the commission determines that the applicant retains or owns an interest, directly or |
---|
216 | 216 | | 186indirectly in more than one business licensed under section eighteen; or 10 of 15 |
---|
217 | 217 | | 187 (6) the applicant has not furnished the requisite license fee or bond; or |
---|
218 | 218 | | 188 (7) the commission determines that the co-partners, corporate officials or stockholders of |
---|
219 | 219 | | 189the applicant do not meet the requirements of clauses (2), (4) and (5), or that the manager or |
---|
220 | 220 | | 190agent intended to conduct the farmer-brewery business on the applicant's behalf does not meet |
---|
221 | 221 | | 191such requirements, or that such co-partners, officials, stockholders, agent or manager remain |
---|
222 | 222 | | 192undisclosed. |
---|
223 | 223 | | 193 SECTION 11. Section 19D of said chapter 138, as so appearing, is hereby amended by |
---|
224 | 224 | | 194striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
225 | 225 | | 195 (a) The commission shall issue a pub brewery license to an applicant who holds a social |
---|
226 | 226 | | 196security number or individual taxpayer identification number and is a resident of the |
---|
227 | 227 | | 197commonwealth and to applying partnerships and to applying corporations organized under the |
---|
228 | 228 | | 198laws of the commonwealth or organized under the laws of any other state and admitted to do |
---|
229 | 229 | | 199business in the commonwealth and to applying limited liability companies or limited liability |
---|
230 | 230 | | 200partnerships organized under the laws of the commonwealth unless: |
---|
231 | 231 | | 201 (1) such person does not comply with application procedures required by the |
---|
232 | 232 | | 202commission; |
---|
233 | 233 | | 203 (2) the commission determines that such applicant is not of responsible character; |
---|
234 | 234 | | 204 (3) a church or school located within 500 feet of the brewery premises has objected to the |
---|
235 | 235 | | 205issuance of such license in accordance with the provisions of section 16C and the commission |
---|
236 | 236 | | 206finds that the pub brewery premises are detrimental to the spiritual activities of such church; 11 of 15 |
---|
237 | 237 | | 207 (4) the commission determines that the applicant retains or owns an interest, directly or |
---|
238 | 238 | | 208indirectly, in the business of a licensee under section 15 or a business which would be licensed |
---|
239 | 239 | | 209under said section 15 if it were located within the commonwealth; |
---|
240 | 240 | | 210 (5) the commission determines that the applicant retains or owns an interest, directly or |
---|
241 | 241 | | 211indirectly, in a business license under section 18 or a business which would be licensed under |
---|
242 | 242 | | 212said section 18 if it were located within the commonwealth; |
---|
243 | 243 | | 213 (6) the commission determines that the applicant retains or owns an interest, directly or |
---|
244 | 244 | | 214indirectly, in any activity or in any business directly or indirectly engaged in the business of |
---|
245 | 245 | | 215manufacturing any alcoholic beverages either within or outside of the commonwealth, except |
---|
246 | 246 | | 216any interest, directly or indirectly, in a pub brewery license under this section or any business |
---|
247 | 247 | | 217which would be licensed as a pub brewery under this section if it were located within the |
---|
248 | 248 | | 218commonwealth; |
---|
249 | 249 | | 219 (7) the commission determines that the applicant retains or owns an interest, directly or |
---|
250 | 250 | | 220indirectly, in the business of a holder of a certificate issued under section 18B; |
---|
251 | 251 | | 221 (8) the applicant has not furnished the requisite license fee or bond; or |
---|
252 | 252 | | 222 (9) the commission determines that the co-partners, corporate officials or stockholders of |
---|
253 | 253 | | 223the applicant do not meet the requirements of clauses (2), (4), (5), (6), (7) and (8), or that the |
---|
254 | 254 | | 224manager or agent intended to conduct the pub brewery business on the applicant's behalf does |
---|
255 | 255 | | 225not meet such requirements, or that such co-partners, officials, stockholders, agents or managers |
---|
256 | 256 | | 226remain undisclosed. 12 of 15 |
---|
257 | 257 | | 227 SECTION 12. Section 19E of said chapter 138, as so appearing, is hereby amended by |
---|
258 | 258 | | 228striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
259 | 259 | | 229 (a) For the purpose of encouraging the development of domestic farms, the commission |
---|
260 | 260 | | 230shall issue a farmer-distillery license to an applicant who holds a social security number or |
---|
261 | 261 | | 231individual taxpayer identification number and is a resident of the commonwealth and to applying |
---|
262 | 262 | | 232partnerships composed solely of such individuals, and to applying corporations organized under |
---|
263 | 263 | | 233the laws of the commonwealth or organized under the laws of any other state of the United States |
---|
264 | 264 | | 234and admitted to do business in the commonwealth, unless:- |
---|
265 | 265 | | 235 (1) such person does not comply with reasonable application procedures required by the |
---|
266 | 266 | | 236commission; |
---|
267 | 267 | | 237 (2) the commission determines that such person is not of responsible character; |
---|
268 | 268 | | 238 (3) a church or school located within 500 feet of the farmer-distillery premises has |
---|
269 | 269 | | 239objected to the issuance of a license in accordance with section 16C; |
---|
270 | 270 | | 240 (4) the commission determines that the applicant retains or owns an interest, directly or |
---|
271 | 271 | | 241indirectly, in the business of a licensee under section 12 or 15; |
---|
272 | 272 | | 242 (5) the commission determines that the applicant retains or owns an interest, directly or |
---|
273 | 273 | | 243indirectly, in more than 1 business licensed under section 18; |
---|
274 | 274 | | 244 (6) the applicant has not furnished the requisite license fee or bond; or |
---|
275 | 275 | | 245 (7) the commission determines that the co-partners, corporate officials or stockholders of |
---|
276 | 276 | | 246the applicant do not meet the requirements of paragraphs (2), (4) and (5) or that the agent or |
---|
277 | 277 | | 247manager who intends to conduct the farmer-distillery business on the applicant's behalf does not 13 of 15 |
---|
278 | 278 | | 248meet the requirements or that the co-partners, officials, stockholders, agent or manager remain |
---|
279 | 279 | | 249undisclosed. |
---|
280 | 280 | | 250 SECTION 13. Section 19G of said chapter 138, as so appearing, is hereby amended by |
---|
281 | 281 | | 251striking out subsection (a) and inserting in place thereof the following subsection:- |
---|
282 | 282 | | 252 (a) The commission may issue a tenant brewer license which authorizes the licensee to |
---|
283 | 283 | | 253manufacture or package malt beverages on the premises of a host brewer to any individual |
---|
284 | 284 | | 254applicant who holds a social security number or individual taxpayer identification number and is |
---|
285 | 285 | | 255a resident of the commonwealth or to a corporation, partnership or other entity which complies |
---|
286 | 286 | | 256with the requirements of section 26 and is a holder of a certificate of compliance issued pursuant |
---|
287 | 287 | | 257to section 18B. An applicant for a tenant brewer license shall provide the commission and the |
---|
288 | 288 | | 258department of revenue with a true copy of the applicable alcoholic beverage license to |
---|
289 | 289 | | 259manufacture, export and import as issued by the appropriate licensing authority. |
---|
290 | 290 | | 260 To be eligible for a tenant brewer license, the applicant shall: (i) be licensed pursuant to |
---|
291 | 291 | | 261section 19 or section 19C or a license holder outside the commonwealth that is authorized to |
---|
292 | 292 | | 262manufacture, export and import malt beverages; (ii) comply with any federal law regulating the |
---|
293 | 293 | | 263manufacture, export or import of malt beverages as identified by the commission in a written |
---|
294 | 294 | | 264guidance that shall be issued to each host brewer, tenant brewer and wholesaler licensed pursuant |
---|
295 | 295 | | 265to section 18; and (iii) shall have an approved alternating proprietorship arrangement that allows |
---|
296 | 296 | | 266the applicant to use the facilities, equipment and employees of a host brewer. |
---|
297 | 297 | | 267 A tenant brewer may import such raw materials as are required solely for the production |
---|
298 | 298 | | 268and packaging of the malt beverages including, without limitation, bulk malt beverages produced |
---|
299 | 299 | | 269by the tenant brewer at its brewery of origin. The bulk malt beverages imported by the tenant 14 of 15 |
---|
300 | 300 | | 270brewer shall be packaged and shipped back to the tenant brewer's brewery of origin or to a |
---|
301 | 301 | | 271wholesaler licensed pursuant to section 18 or to a license holder outside the commonwealth |
---|
302 | 302 | | 272authorized to import malt beverages designated by the tenant brewer within 10 days after receipt |
---|
303 | 303 | | 273by the host brewer. |
---|
304 | 304 | | 274 Any product produced or packaged at the host brewer's premises shall be removed from |
---|
305 | 305 | | 275the host brewer's premises within 10 days after the brewing or packaging process is completed. |
---|
306 | 306 | | 276The finished product shall be returned to the tenant brewer's brewery of origin or to a wholesaler |
---|
307 | 307 | | 277licensed pursuant to section 18 or to a license holder outside the commonwealth authorized to |
---|
308 | 308 | | 278import malt beverages designated by the tenant brewer. |
---|
309 | 309 | | 279 SECTION 14. Said chapter 138 is hereby amended by striking out section 26, as so |
---|
310 | 310 | | 280appearing, and inserting in place thereof the following section:- |
---|
311 | 311 | | 281 Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle |
---|
312 | 312 | | 282permit for the transportation thereof shall be issued to any person who does not, at the time of the |
---|
313 | 313 | | 283person’s application therefor, hold a social security number or individual taxpayer identification |
---|
314 | 314 | | 284number, or to any agent of any such person, and no person who does not hold a social security |
---|
315 | 315 | | 285number or individual taxpayer identification number shall be appointed as manager or other |
---|
316 | 316 | | 286principal representative of any licensee; provided, that nothing herein shall prevent the granting |
---|
317 | 317 | | 287of a license under section eighteen A to any corporation organized under the laws of a foreign |
---|
318 | 318 | | 288country or the granting of a vehicle permit to such a corporation so licensed. |
---|
319 | 319 | | 289 No corporation, organized under the laws of the commonwealth or of any other state or |
---|
320 | 320 | | 290foreign country, shall be given a license to sell in any manner any alcoholic beverages unless |
---|
321 | 321 | | 291such corporation shall have first appointed, in such manner as the licensing authorities by 15 of 15 |
---|
322 | 322 | | 292regulation prescribe, as manager or other principal representative, a holder of a social security |
---|
323 | 323 | | 293number or individual taxpayer identification number, and shall have vested in the manager or |
---|
324 | 324 | | 294other principal representative by properly authorized and executed written delegation as full |
---|
325 | 325 | | 295authority and control of the premises, described in the license of such corporation, and of the |
---|
326 | 326 | | 296conduct of all business therein relative to alcoholic beverages as the licensee itself could in any |
---|
327 | 327 | | 297way have and exercise if it were a natural person resident in the commonwealth, nor unless such |
---|
328 | 328 | | 298manager or representative is, with respect to the manager or representative’s character, |
---|
329 | 329 | | 299satisfactory to the licensing authorities. |
---|
330 | 330 | | 300 No provision of this chapter shall impair any right growing out of any treaty to which the |
---|
331 | 331 | | 301United States is a party. |
---|