Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S478 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 147 FILED ON: 1/11/2023
3	3	SENATE . . . . . . . . . . . . . . No. 478
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 expanding the sale of products by farmer breweries and pub brewers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :James B. EldridgeMiddlesex and WorcesterAdam Scanlon14th Bristol1/24/2023Michael J. BarrettThird Middlesex1/31/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	2/9/2023John F. KeenanNorfolk and Plymouth2/10/2023Erika Uyterhoeven27th Middlesex2/13/2023Smitty Pignatelli3rd Berkshire2/13/2023Anne M. GobiWorcester and Hampshire2/14/2023Bruce E. TarrFirst Essex and Middlesex2/21/2023Adam GomezHampden2/28/2023 1 of 4
18	18	SENATE DOCKET, NO. 147 FILED ON: 1/11/2023
19	19	SENATE . . . . . . . . . . . . . . No. 478
20	20	By Mr. Eldridge, a petition (accompanied by bill, Senate, No. 478) of James B. Eldridge, Adam
21	21	Scanlon, Michael J. Barrett, Paul W. Mark and other members of the General Court for
22	22	legislation to expand the sale of products by farmer breweries. Environment and Natural
23	23	Resources.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 526 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act expanding the sale of products by farmer breweries and pub brewers.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 Chapter 138 of the General Laws is hereby amended by striking out section 15F, as
35	35	2appearing in the 2016 Official Edition, and inserting in place thereof the following section:-
36	36	3 Section 15F. Notwithstanding any other provision of this chapter, the local licensing
37	37	4authority of any city or town in which the granting of licenses to sell alcoholic beverages is
38	38	5authorized under this chapter may issue to an applicant a special license to sell: (i) wine
39	39	6produced by or for the applicant at an indoor or outdoor agricultural event if the wine is in sealed
40	40	7containers for off-premises consumption and the applicant is authorized to operate a farmer-
41	41	8winery under section 19B; or (ii) malt beverages produced by or for the applicant at an indoor or
42	42	9outdoor agricultural event if the malt beverages are in sealed containers for off-premises 2 of 4
43	43	10consumption and the applicant is authorized to operate a farmer-brewery under section 19C or a
44	44	11pub brewery under section 19D. For the purposes of this section, “agricultural event” shall be
45	45	12limited to those events certified by the department of agricultural resources as set forth in this
46	46	13section.
47	47	14 Sales of alcoholic beverages under this section shall be conducted by the licensee or by
48	48	15an agent, representative or solicitor of the licensee to customers who are not less than 21 years of
49	49	16age. A licensee under this section may provide samples of its alcoholic beverages to prospective
50	50	17customers at an indoor or outdoor agricultural event without charge; provided, however, that any
51	51	18such sample shall be served by the licensee or by an agent, representative or solicitor of the
52	52	19licensee to individuals who are not less than 21 years of age and shall be consumed in the
53	53	20presence of the licensee or an agent, representative or solicitor of the licensee; provided further,
54	54	21that a sample of wine shall not exceed 1 ounce and a sample of malt beverages shall not exceed 2
55	55	22ounces; and provided further, that not more than 5 samples shall be served to an individual
56	56	23prospective customer.
57	57	24 An applicant for a special license under this section shall first submit a plan to the
58	58	25department of agricultural resources that shall demonstrate that the event is an agricultural event.
59	59	26The plan shall include: (i) a description of the event; (ii) the date, time and location of the event;
60	60	27(iii) a copy of the operational guidelines or rules for the event; (iv) written proof that the
61	61	28prospective licensee has been approved as a vendor at the event, including the name and contact
62	62	29information of the on-site manager; (v) and a plan depicting the premises and the specific
63	63	30location where the license shall be exercised. 3 of 4
64	64	31 Upon review of the plan, the department may certify that the event is an agricultural
65	65	32event; provided, however, that in making that determination, the department shall consider: (i)
66	66	33operation as a farmers' market or agricultural fair approved or inspected by the department; (ii)
67	67	34the frequency and regularity of the event, including dates, times and locations; (iii) the number of
68	68	35vendors; (iv) the terms of vendor agreements; (v) the presence of an on-site manager; (vi) the
69	69	36training of the on-site manager; (vii) any operational guidelines or rules, which shall include
70	70	37vendor eligibility and produce source; (viii) the focus of the event on local agricultural products
71	71	38grown or produced within the market area; (ix) the types of shows or exhibits, including those
72	72	39described in subsection (f) of section 2 of chapter 128; and (x) the event’s sponsorship or
73	73	40operation by an agricultural or horticultural society organized under the laws of the
74	74	41commonwealth or by a local grange organization or association that has a primary purpose of
75	75	42promoting agriculture and its allied industries. The department of agricultural resources may
76	76	43promulgate rules and regulations necessary for the operation, oversight, approval and inspection
77	77	44of agricultural events under this section.
78	78	45 In addition to its application, an applicant for a special license under this section shall file
79	79	46with the local licensing authority proof of certification from the department of agricultural
80	80	47resources that the event is an agricultural event. A special license under this section shall
81	81	48designate the specific premises and the dates and times covered. A special license may be
82	82	49granted for an indoor or outdoor agricultural event that takes place on multiple dates or times
83	83	50during a single calendar year but a special license shall not be granted for an agricultural event if
84	84	51it will not take place within 1 calendar year.
85	85	52 The special license shall be conspicuously displayed at the licensed premises. A copy of a
86	86	53special license granted by the local licensing authority shall be submitted by the authority to the 4 of 4
87	87	54commission not less than 7 days before the date the agricultural event is first scheduled to begin.
88	88	55The local licensing authority may charge a fee for each special license granted but such fee shall
89	89	56not exceed $50. A special license granted under this section shall be nontransferable to any other
90	90	57person, corporation or organization and shall be clearly marked “nontransferable” on its face.
91	91	58 A special license under this section may be granted by a local licensing authority for a
92	92	59portion of premises that are licensed under section 12; provided, however, that: (i) the holder of
93	93	60the special license shall document the legal basis for use of the premises; (ii) the area in which
94	94	61the special license is to be approved shall be physically delineated from the area remaining under
95	95	62the control of the holder of the license granted under said section 12; (iii) the holder of the
96	96	63special license shall be solely liable for all activities that arise out of the special license; and (iv)
97	97	64the holder of the special license shall not pay any consideration, directly or indirectly, to the
98	98	65holder of the license granted under said section 12 for the access to or use of the premises.
99	99	66 The commission may promulgate rules and regulations as it deems appropriate to
100	100	67effectuate this section.