Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H442 Compare Versions

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

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 430 FILED ON: 1/9/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 442
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Joan Meschino
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 authorizing charity alcohol auctions.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Joan Meschino3rd Plymouth1/9/2025 1 of 7
16	16	HOUSE DOCKET, NO. 430 FILED ON: 1/9/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 442
18	18	By Representative Meschino of Hull, a petition (accompanied by bill, House, No. 442) of Joan
19	19	Meschino for legislation to authorize charity alcohol auctions. Consumer Protection and
20	20	Professional Licensure.
21	21	The Commonwealth of Massachusetts
22	22	_______________
23	23	In the One Hundred and Ninety-Fourth General Court
24	24	(2025-2026)
25	25	_______________
26	26	An Act authorizing charity alcohol auctions.
27	27	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
28	28	of the same, as follows:
29	29	1 SECTION 1. Chapter 138 of the General Laws, as appearing in the 2022 Official Edition,
30	30	2is hereby amended by inserting the following section:-
31	31	3 Section 12D. (a) Notwithstanding any general or special law to the contrary, the local
32	32	4licensing authority in a city or town that votes to authorize the granting of licenses for the sale of
33	33	5alcoholic beverages may grant temporary licenses for the sale of alcoholic beverages to be drunk
34	34	6on the premises to applicants that are nonprofit charitable corporations organized under chapter
35	35	7180 and registered with the non-profit organizations and public charities division of the office of
36	36	8the attorney general.
37	37	9 Each such temporary license shall describe the premises to which it applies and shall be
38	38	10granted only for the premises that are the principal place of business or headquarters of the
39	39	11applicant and that are legally zoned to allow such sales, or that are the premises of a licensee
40	40	12under section 12. The temporary license shall not be valid for more than 10 consecutive calendar 2 of 7
41	41	13days and a holder of any such temporary license shall not be granted more than 2 such licenses in
42	42	14a calendar year. A holder of a temporary license under this subsection shall be permitted to
43	43	15conduct such sales on any day and at any time permitted under said section 12. Any alcoholic
44	44	16beverages sold under this subsection shall be donated at no charge to the license holder and any
45	45	17alcoholic beverages donated may be dispensed by the employees or agents of the donors
46	46	18of such beverages, without compensation for the dispensing services. All proceeds from such
47	47	19sales shall be used for the license holder’s charitable purpose.
48	48	20 The fee for the temporary license shall not exceed the minimum fee provided for holders
49	49	21of licenses to sell alcoholic beverages. The application procedures under section 15A shall not
50	50	22apply to temporary licenses under this subsection; provided, however, that such applications may
51	51	23be granted by the local licensing authority according to the local procedures for granting licenses
52	52	24under section 14.
53	53	25 (b) Notwithstanding any general or special law to the contrary, the local licensing
54	54	26authority in a city or town that votes to authorize the granting of licenses for the sale of alcoholic
55	55	27beverages may grant temporary licenses for the sale of alcoholic beverages to be drunk on the
56	56	28premises, to joint applicants that consist of not less than 1 nonprofit charitable corporation
57	57	29organized under chapter 180 and registered with the non-profit organizations and public charities
58	58	30division of the office of the attorney general and a licensee under section 12.
59	59	31 The temporary license shall describe the premises to which it applies and shall be granted
60	60	32only for the premises of the joint applicant that is a licensee under said section 12. The temporary
61	61	33license shall not be valid for more than 10 consecutive calendar days and a holder of any such
62	62	34temporary license shall not be granted more than 2 such licenses in a calendar year. A holder of a 3 of 7
63	63	35temporary license under this subsection shall be permitted to conduct such sales on any day and
64	64	36at any time permitted under said section 12. Any alcoholic beverages sold under this
65	65	37section shall be donated at no charge to the license holder and any alcoholic beverages donated
66	66	38may be dispensed by the employees or agents of the donor of such beverages without
67	67	39compensation for the dispensing services. A majority of the proceeds from such sales shall be
68	68	40used for the charitable corporation license holder's charitable purposes.
69	69	41 The fee for such temporary license shall not exceed the minimum fee provided for
70	70	42holders of licenses to sell alcoholic beverages at retail. The application procedures under section
71	71	4315A shall not apply to such temporary licenses under this subsection; provided, however, that
72	72	44such applications may be granted by the local licensing authority according to the local
73	73	45procedures for granting licenses under section 14.
74	74	46 SECTION 2. Section 14 of said chapter 138, as so appearing, is hereby amended by
75	75	47striking the second paragraph in its entirety.
76	76	48 SECTION 3. Chapter 138 of the General Laws is hereby amended by striking out section
77	77	4914A, as appearing in the 2022 Official Edition, and inserting in place thereof the following
78	78	50section:-
79	79	51 Section 14A.(a) Notwithstanding any general or special law to the contrary, the licensing
80	80	52authority in any city or town that votes to authorize the sale of alcoholic beverages may grant
81	81	53licenses for the sale of alcoholic beverages at auctions, not to be drunk on the premises, to an
82	82	54applicant that is licensed as an auctioneer pursuant to chapter 100 for not less than 10 years. Each
83	83	55license shall describe the premises to which it applies and shall be granted only for the premises
84	84	56which are either the principal place of business or headquarters of the applicant and legally 4 of 7
85	85	57zoned to allow such sales or which are the premises of a licensee under section 12 or section 15.
86	86	58The fee for the license shall not exceed the minimum fee for holders of licenses under section 14.
87	87	59A holder of a license for the sale of alcoholic beverages at auctions may conduct any such
88	88	60auction on any day and at any time permitted under section 12. Applications shall be granted by
89	89	61the licensing authority according to the local procedure for granting licenses under said section
90	90	6214.
91	91	63 A licensee who holds a license under this section may provide, without charge, on-
92	92	64premises sample alcoholic beverages tastings for prospective customers if such beverages shall
93	93	65be available for sale at auction on those premises; provided, however, that no single serving of
94	94	66wine shall exceed 1 ounce, no single serving of malt beverages shall exceed 3 ounces and no
95	95	67single serving of distilled spirits shall exceed 1/4 of an ounce; and provided further, that the
96	96	68licensee shall control the dispensing of the alcoholic beverages.
97	97	69 (b) The local licensing authority in a city or town that votes to authorize the granting of
98	98	70licenses for the sale of alcoholic beverages may grant temporary licenses for the sale of alcoholic
99	99	71beverages at auction not to be drunk on the premises to applicants that are nonprofit charitable
100	100	72corporations organized under chapter 180 and registered with the non-profit organizations and
101	101	73public charities division of the office of the attorney general.
102	102	74 Each such temporary license shall describe the premises to which the license applies and
103	103	75shall be granted only for premises that are the principal place of business or headquarters of the
104	104	76applicant, or a location owned or leased by the applicant from which the applicant regularly
105	105	77conducts business and which are legally zoned to allow such sales, or which are the premises of a
106	106	78licensee under section 12 or 15.   5 of 7
107	107	79 No such temporary licenses shall be valid for more than 10 consecutive calendar days and
108	108	80a holder of a temporary license shall not be granted more than 5 such temporary licenses in a
109	109	81calendar year. A holder of a temporary license under this subsection may conduct such auctions
110	110	82on any day and at any time permitted under said section 12. Any alcoholic beverages sold under
111	111	83this section shall be donated at no charge to the license holder and all proceeds from such sales
112	112	84shall be used for the license holder's charitable purposes.
113	113	85 The fee for a temporary license under this subsection shall not exceed the minimum fee
114	114	86provided for holders of licenses to sell alcoholic beverages at retail. The application procedures
115	115	87under section 15A shall not apply to temporary licenses under this subsection; provided,
116	116	88however, that such applications may be granted by the local licensing authority according to the
117	117	89local procedures for the granting licenses under section 14.
118	118	90 (c) Notwithstanding any general or special law to the contrary, the local licensing
119	119	91authority in a city or town which votes to authorize the granting of licenses for the sale of
120	120	92alcoholic beverages may grant temporary licenses for the sale of alcoholic beverages at auctions,
121	121	93not to be drunk on the premises, to applicants that are licensees under section 15 of chapter 138.
122	122	94 Each such temporary license shall describe the premises to which it applies and shall be
123	123	95granted only for premises that are the principal place of business or headquarters of the applicant
124	124	96and which are legally zoned to allow such sales or which are the premises of a licensee under
125	125	97said section 15. The temporary license shall not be valid for more than 10 consecutive calendar
126	126	98days and a holder of any such temporary license shall not be granted more than 2 such temporary
127	127	99licenses in a calendar year. A holder of a temporary license under this subsection shall be
128	128	100permitted to conduct such auctions on any day and at any time permitted under said section 15.   6 of 7
129	129	101 The fee for the temporary license shall not exceed the minimum fee provided for holders
130	130	102of licenses to sell alcoholic beverages at retail. The application procedures under section 15A
131	131	103shall not apply to temporary licenses under this subsection; provided, however, that such
132	132	104applications may be granted by the local licensing authority according to the local procedures for
133	133	105granting licenses under section 14.
134	134	106 (d) Notwithstanding any general or special law to the contrary, the local licensing
135	135	107authority in a city or town which votes to authorize the granting of licenses for the sale of an
136	136	108alcoholic beverage may grant temporary licenses for the sale of alcoholic beverages at auction
137	137	109not to be drunk on the premises to joint applicants which consist of not less than 1 nonprofit
138	138	110charitable corporation organized under chapter 180 and registered with the non-profit
139	139	111organizations and public charities division of the office of the attorney general and a licensee
140	140	112under section 12 or 15.
141	141	113 The temporary license shall describe the premises to which it applies and shall be granted
142	142	114only for the premises of the joint applicant that is a licensee under said section 12 or 15. The
143	143	115temporary license shall not be valid for more than 10 consecutive calendar days and a holder of
144	144	116any such temporary license shall not be granted more than 2 such licenses in a calendar year. A
145	145	117holder of a temporary license under this subsection shall be permitted to conduct such sales on
146	146	118any day and at any time permitted under said section 12. Any alcoholic beverages sold under this
147	147	119subsection shall be donated at no charge to the license holder. A majority of the proceeds from
148	148	120such sales shall be used for the charitable corporation license holder's charitable purposes.
149	149	121 The fee for such temporary license shall not exceed the minimum fee provided for
150	150	122holders of licenses to alcoholic beverages at retail. The application procedures under section 15A 7 of 7
151	151	123shall not apply to such temporary licenses under this subsection; provided, however, that such
152	152	124applications may be granted by the local licensing authority according to the local procedures for
153	153	125granting licenses under section 14.
154	154	126 SECTION 4. Chapter 153 of the acts of 1997, as most recently amended by chapter 405
155	155	127of the acts of 2012, is hereby repealed.