| 1 | 1 | | SENATE . . . . . . . . . . . . . . No. 2629 |
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| 2 | 2 | | The Commonwealth of Massachusetts |
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| 3 | 3 | | _______________ |
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| 4 | 4 | | In the One Hundred and Ninety-Third General Court |
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| 5 | 5 | | (2023-2024) |
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| 6 | 6 | | _______________ |
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| 7 | 7 | | SENATE, April 1, 2024. |
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| 8 | 8 | | The committee on Consumer Protection and Professional Licensure, to whom was |
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| 9 | 9 | | referred the petitions (accompanied by bill, Senate, No. 478) of James B. Eldridge, Adam |
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| 10 | 10 | | Scanlon, Michael J. Barrett, Paul W. Mark and other members of the General Court for |
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| 11 | 11 | | legislation to expand the sale of products by farmer breweries; and (accompanied by bill, House, |
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| 12 | 12 | | No. 387) of Adam Scanlon and others relative to the sale of products by farmer distilleries and |
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| 13 | 13 | | wineries, report the accompanying bill (Senate, No. 2629). |
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| 14 | 14 | | For the committee, |
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| 15 | 15 | | John J. Cronin 1 of 4 |
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| 16 | 16 | | FILED ON: 2/6/2024 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2629 |
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| 18 | 18 | | The Commonwealth of Massachusetts |
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| 19 | 19 | | _______________ |
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| 20 | 20 | | In the One Hundred and Ninety-Third General Court |
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| 21 | 21 | | (2023-2024) |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | An Act expanding the sale of products by farmer breweries and pub brewers.. |
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| 24 | 24 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 25 | 25 | | of the same, as follows: |
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| 26 | 26 | | 1 SECTION 1. Chapter 138 of the General Laws, as appearing in the 2022 Official Edition, |
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| 27 | 27 | | 2is hereby amended by striking out section 15F, and inserting in place thereof the following |
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| 28 | 28 | | 3section:- |
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| 29 | 29 | | 4 Section 15F. Notwithstanding any other provision of this chapter, the local licensing |
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| 30 | 30 | | 5authority of any city or town in which the granting of licenses to sell alcoholic beverages is |
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| 31 | 31 | | 6authorized under this chapter may issue to an applicant a special license to sell at an indoor or |
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| 32 | 32 | | 7outdoor agricultural event: (i) wine produced by or for the applicant if the wine is in sealed |
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| 33 | 33 | | 8containers for off-premises consumption and the applicant is authorized to operate a farmer- |
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| 34 | 34 | | 9winery under section 19B; (ii) malt beverages produced by or for the applicant if the malt |
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| 35 | 35 | | 10beverages are in sealed containers for off-premises consumption and the applicant is authorized |
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| 36 | 36 | | 11to operate a farmer-brewery under section 19C or a pub brewery under section 19D; or (iii) |
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| 37 | 37 | | 12distilled products produced by or for the applicant if the distilled product is in sealed containers |
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| 38 | 38 | | 13for off-premises consumption and the applicant is authorized to operate a farmer-distillery under 2 of 4 |
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| 39 | 39 | | 14section 19E. For the purposes of this section, “agricultural event” shall be limited to those events |
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| 40 | 40 | | 15certified by the department of agricultural resources as set forth in this section. |
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| 41 | 41 | | 16 Sales of alcoholic beverages under this section shall be conducted by the licensee or by |
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| 42 | 42 | | 17an agent, representative or solicitor of the licensee to customers who are not less than 21 years of |
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| 43 | 43 | | 18age. A licensee under this section may provide samples of its alcoholic beverages to prospective |
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| 44 | 44 | | 19customers at an indoor or outdoor agricultural event without charge; provided, however, that any |
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| 45 | 45 | | 20such sample shall be served by the licensee or by an agent, representative or solicitor of the |
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| 46 | 46 | | 21licensee to individuals who are not less than 21 years of age and shall be consumed in the |
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| 47 | 47 | | 22presence of the licensee or an agent, representative or solicitor of the licensee; provided further, |
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| 48 | 48 | | 23that a sample of wine shall not exceed 1 ounce, a sample of distilled product shall not exceed |
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| 49 | 49 | | 240.25 ounce, and a sample of malt beverages shall not exceed 2 ounces; and provided further, that |
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| 50 | 50 | | 25not more than 5 samples of wine or malt beverages, nor more than 4 samples of distilled products |
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| 51 | 51 | | 26shall be served to an individual prospective customer. |
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| 52 | 52 | | 27 An applicant for a special license under this section shall first submit a plan to the |
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| 53 | 53 | | 28department of agricultural resources that shall demonstrate that the event is an agricultural event. |
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| 54 | 54 | | 29The plan shall include: (i) a description of the event; (ii) the date, time and location of the event; |
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| 55 | 55 | | 30(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the |
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| 56 | 56 | | 31prospective licensee has been approved as a vendor at the event, including the name and contact |
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| 57 | 57 | | 32information of the on-site manager; (v) and a plan depicting the premises and the specific |
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| 58 | 58 | | 33location where the license shall be exercised. |
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| 59 | 59 | | 34 Upon review of the plan, the department may certify that the event is an agricultural |
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| 60 | 60 | | 35event; provided, however, that in making that determination, the department shall consider: (i) 3 of 4 |
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| 61 | 61 | | 36operation as a farmers' market or agricultural fair approved or inspected by the department; (ii) |
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| 62 | 62 | | 37the frequency and regularity of the event, including dates, times and locations; (iii) the number of |
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| 63 | 63 | | 38vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the |
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| 64 | 64 | | 39training of the on-site manager; (vii) any operational guidelines or rules, which shall include |
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| 65 | 65 | | 40vendor eligibility and produce source; (viii) the focus of the event on local agricultural products |
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| 66 | 66 | | 41grown or produced within the market area; (ix) the types of shows or exhibits, including those |
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| 67 | 67 | | 42described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or |
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| 68 | 68 | | 43operation by an agricultural or horticultural society organized under the laws of the |
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| 69 | 69 | | 44commonwealth or by a local grange organization or association that has a primary purpose of |
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| 70 | 70 | | 45promoting agriculture and its allied industries. The department of agricultural resources may |
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| 71 | 71 | | 46promulgate rules and regulations necessary for the operation, oversight, approval and inspection |
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| 72 | 72 | | 47of agricultural events under this section. |
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| 73 | 73 | | 48 In addition to its application, an applicant for a special license under this section shall file |
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| 74 | 74 | | 49with the local licensing authority proof of certification from the department of agricultural |
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| 75 | 75 | | 50resources that the event is an agricultural event. A special license under this section shall |
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| 76 | 76 | | 51designate the specific premises and the dates and times covered. A special license may be |
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| 77 | 77 | | 52granted for an indoor or outdoor agricultural event that takes place on multiple dates or times |
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| 78 | 78 | | 53during a single calendar year but a special license shall not be granted for an agricultural event if |
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| 79 | 79 | | 54it will not take place within 1 calendar year. |
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| 80 | 80 | | 55 The special license shall be conspicuously displayed at the licensed premises. A copy of a |
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| 81 | 81 | | 56special license granted by the local licensing authority shall be submitted by the authority to the |
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| 82 | 82 | | 57commission not less than 7 days before the date the agricultural event is first scheduled to begin. |
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| 83 | 83 | | 58The local licensing authority may charge a fee for each special license granted but such fee shall 4 of 4 |
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| 84 | 84 | | 59not exceed $50. A special license granted under this section shall be nontransferable to any other |
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| 85 | 85 | | 60person, corporation or organization and shall be clearly marked “nontransferable” on its face. |
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| 86 | 86 | | 61 A special license under this section may be granted by a local licensing authority for a |
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| 87 | 87 | | 62portion of premises that are licensed under section 12; provided, however, that: (i) the holder of |
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| 88 | 88 | | 63the special license shall document the legal basis for use of the premises; (ii) the area in which |
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| 89 | 89 | | 64the special license is to be approved shall be physically delineated from the area remaining under |
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| 90 | 90 | | 65the control of the holder of the license granted under said section 12; (iii) the holder of the |
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| 91 | 91 | | 66special license shall be solely liable for all activities that arise out of the special license; and (iv) |
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| 92 | 92 | | 67the holder of the special license shall not pay any consideration, directly or indirectly, to the |
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| 93 | 93 | | 68holder of the license granted under said section 12 for the access to or use of the premises. |
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| 94 | 94 | | 69 SECTION 2. Section 19C of chapter 138 of the General Laws, as so appearing, is hereby |
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| 95 | 95 | | 70amended by striking out the word “premises” in line 124, and inserting in place thereof the |
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| 96 | 96 | | 71following:- “premises, or in accordance with section 15F”. |
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| 97 | 97 | | 72 SECTION 3. Section 19D of chapter 138 of the General Laws, as so appearing, is hereby |
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| 98 | 98 | | 73amended by striking out the word “premises” in line 126, and inserting in place thereof the |
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| 99 | 99 | | 74following:- “premises, or in accordance with section 15F”. |
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| 100 | 100 | | 75 SECTION 4. Section 19E of chapter 138 of the General Laws, as so appearing, is hereby |
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| 101 | 101 | | 76amended by striking out the word “premises” in line 125, and inserting in place thereof the |
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| 102 | 102 | | 77following:- “premises, or in accordance with section 15F”. |
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| 103 | 103 | | 78 SECTION 5. The alcoholic beverages control commission may promulgate or amend |
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| 104 | 104 | | 79rules and regulations as it deems appropriate to effectuate this act. |
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