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