SENATE . . . . . . . . . . . . . . No. 2629
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
SENATE, April 1, 2024.
The committee on Consumer Protection and Professional Licensure, to whom was
referred the petitions (accompanied by bill, Senate, No. 478) of James B. Eldridge, Adam
Scanlon, Michael J. Barrett, Paul W. Mark and other members of the General Court for
legislation to expand the sale of products by farmer breweries; and (accompanied by bill, House,
No. 387) of Adam Scanlon and others relative to the sale of products by farmer distilleries and
wineries, report the accompanying bill (Senate, No. 2629).
For the committee,
John J. Cronin 1 of 4
FILED ON: 2/6/2024
SENATE . . . . . . . . . . . . . . No. 2629
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act expanding the sale of products by farmer breweries and pub brewers..
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, as appearing in the 2022 Official Edition,
2is hereby amended by striking out section 15F, and inserting in place thereof the following
3section:-
4 Section 15F. Notwithstanding any other provision of this chapter, the local licensing
5authority of any city or town in which the granting of licenses to sell alcoholic beverages is
6authorized under this chapter may issue to an applicant a special license to sell at an indoor or
7outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed
8containers for off-premises consumption and the applicant is authorized to operate a farmer-
9winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt
10beverages are in sealed containers for off-premises consumption and the applicant is authorized
11to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii)
12distilled products produced by or for the applicant if the distilled product is in sealed containers
13for off-premises consumption and the applicant is authorized to operate a farmer-distillery under 2 of 4
14section 19E. For the purposes of this section, “agricultural event” shall be limited to those events
15certified by the department of agricultural resources as set forth in this section.
16 Sales of alcoholic beverages under this section shall be conducted by the licensee or by
17an agent, representative or solicitor of the licensee to customers who are not less than 21 years of
18age. A licensee under this section may provide samples of its alcoholic beverages to prospective
19customers at an indoor or outdoor agricultural event without charge; provided, however, that any
20such sample shall be served by the licensee or by an agent, representative or solicitor of the
21licensee to individuals who are not less than 21 years of age and shall be consumed in the
22presence of the licensee or an agent, representative or solicitor of the licensee; provided further,
23that a sample of wine shall not exceed 1 ounce, a sample of distilled product shall not exceed
240.25 ounce, and a sample of malt beverages shall not exceed 2 ounces; and provided further, that
25not more than 5 samples of wine or malt beverages, nor more than 4 samples of distilled products
26shall be served to an individual prospective customer.
27 An applicant for a special license under this section shall first submit a plan to the
28department of agricultural resources that shall demonstrate that the event is an agricultural event.
29The plan shall include: (i) a description of the event; (ii) the date, time and location of the event;
30(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the
31prospective licensee has been approved as a vendor at the event, including the name and contact
32information of the on-site manager; (v) and a plan depicting the premises and the specific
33location where the license shall be exercised.
34 Upon review of the plan, the department may certify that the event is an agricultural
35event; provided, however, that in making that determination, the department shall consider: (i) 3 of 4
36operation as a farmers' market or agricultural fair approved or inspected by the department; (ii)
37the frequency and regularity of the event, including dates, times and locations; (iii) the number of
38vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the
39training of the on-site manager; (vii) any operational guidelines or rules, which shall include
40vendor eligibility and produce source; (viii) the focus of the event on local agricultural products
41grown or produced within the market area; (ix) the types of shows or exhibits, including those
42described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or
43operation by an agricultural or horticultural society organized under the laws of the
44commonwealth or by a local grange organization or association that has a primary purpose of
45promoting agriculture and its allied industries. The department of agricultural resources may
46promulgate rules and regulations necessary for the operation, oversight, approval and inspection
47of agricultural events under this section.
48 In addition to its application, an applicant for a special license under this section shall file
49with the local licensing authority proof of certification from the department of agricultural
50resources that the event is an agricultural event. A special license under this section shall
51designate the specific premises and the dates and times covered. 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 but a special license shall not be granted for an agricultural event if
54it will not take place within 1 calendar year.
55 The special license shall be conspicuously displayed at the licensed premises. A copy of a
56special license granted by the local licensing authority shall be submitted by the authority to the
57commission not less than 7 days before the date the agricultural event is first scheduled to begin.
58The local licensing authority may charge a fee for each special license granted but such fee shall 4 of 4
59not exceed $50. A special license granted under this section shall be nontransferable to any other
60person, corporation or organization and shall be clearly marked “nontransferable” on its face.
61 A special license under this section may be granted by a local licensing authority for a
62portion of premises that are licensed under section 12; provided, however, that: (i) the holder of
63the special license shall document the legal basis for use of the premises; (ii) the area in which
64the special license is to be approved shall be physically delineated from the area remaining under
65the control of the holder of the license granted under said section 12; (iii) the holder of the
66special license shall be solely liable for all activities that arise out of the special license; and (iv)
67the holder of the special license shall not pay any consideration, directly or indirectly, to the
68holder of the license granted under said section 12 for the access to or use of the premises.
69 SECTION 2. Section 19C of chapter 138 of the General Laws, as so appearing, is hereby
70amended by striking out the word “premises” in line 124, and inserting in place thereof the
71following:- “premises, or in accordance with section 15F”.
72 SECTION 3. Section 19D of chapter 138 of the General Laws, as so appearing, is hereby
73amended by striking out the word “premises” in line 126, and inserting in place thereof the
74following:- “premises, or in accordance with section 15F”.
75 SECTION 4. Section 19E of chapter 138 of the General Laws, as so appearing, is hereby
76amended by striking out the word “premises” in line 125, and inserting in place thereof the
77following:- “premises, or in accordance with section 15F”.
78 SECTION 5. The alcoholic beverages control commission may promulgate or amend
79rules and regulations as it deems appropriate to effectuate this act.