Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H456 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 690 FILED ON: 1/11/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 456
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Sean Reid
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 relative to the creation of additional business opportunities for alcohol retailers.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Sean Reid11th Essex1/11/2025 1 of 5
16	16	HOUSE DOCKET, NO. 690 FILED ON: 1/11/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 456
18	18	By Representative Reid of Lynn, a petition (accompanied by bill, House, No. 456) of Sean Reid
19	19	relative to the transportation of alcoholic beverages;. Consumer Protection and Professional
20	20	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 relative to the creation of additional business opportunities for alcohol retailers.
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. Section 15 of chapter 138 of the General Laws is hereby amended by
30	30	2adding the following sentence to the end thereof:- Any holder of a license under this section
31	31	3shall be permitted to make sales of wine or malt beverages to be shipped directly to customers, in
32	32	4any state, provided they obtain the correct state registrations or rights to do so. Retail licensees
33	33	5shipping wine and malt beverages must hold a shipper’s license pursuant to section 22 and
34	34	6ensure they are in compliance at all times.
35	35	7 SECTION 2. Chapter 138 of the General Laws is hereby further amended by adding the
36	36	8following new section:-
37	37	9 Section 15G. The commission shall make available licenses annually for the operation of
38	38	10online wine and malt beverages stores, which shall have a physical address but need not have a
39	39	11storefront in the commonwealth. The commission shall promulgate regulations for the operation
40	40	12of such businesses and the issuance of such licenses to effectuate this section. 2 of 5
41	41	13 SECTION 3. Section 22 of chapter 138, as so appearing, is hereby amended by striking
42	42	14the section in its entirety and inserting in place thereof the following:-
43	43	15 Section 22. Any person may, but only for his own use and that of his family and guests,
44	44	16transport alcoholic beverages or alcohol, without any license or permit, but not exceeding in
45	45	17amount, at any one time, twenty gallons of malt beverages, three gallons of any other alcoholic
46	46	18beverage, or one gallon of alcohol, or their measured equivalent; provided, that any person may,
47	47	19without any license or permit, transport from his place of residence to a new place of residence
48	48	20established by him alcoholic beverages manufactured by him for his own private use.
49	49	21 Licensees for the sale of alcoholic beverages or alcohol, as the case may be, may
50	50	22transport and deliver anywhere in or outside of the commonwealth alcoholic beverages or
51	51	23alcohol lawfully bought or sold by them, in vehicles owned or leased by them or their
52	52	24employees, if each vehicle used for such transportation and delivery is covered by a permit
53	53	25issued by the commission; provided, however, that vehicles owned or leased by holders of
54	54	26permits under section nineteen A may be used only for the transportation of samples or of no
55	55	27more than twenty-four gallons of alcoholic beverages or alcohol; provided, further, that the
56	56	28salesperson possesses the proper invoice and that a record of these deliveries is kept available by
57	57	29the wholesaler for commission inspection. The permit fee for each vehicle shall be $150.
58	58	30 Any railroad or car corporation or the owner or operator of any vessel or shipping
59	59	31company or any common carrier by air may, if authorized by a permit issued by the commission,
60	60	32transport and deliver alcoholic beverages or alcohol; and the fee for such a permit covering all
61	61	33the cars, vessels or aircraft thereof shall be $1,500. 3 of 5
62	62	34 Any individual, partnership or corporation regularly and lawfully conducting a general
63	63	35express or trucking business or regularly and lawfully engaged in the business of leasing trucks
64	64	36for hire, with or without drivers, may, if authorized by a permit issued by the commission,
65	65	37transport and deliver alcoholic beverages or alcohol. The fee for such a permit shall be $150. No
66	66	38holder of such a permit shall be granted a permit under section nineteen A.
67	67	39 Certified copies of any permit issued under this section shall be furnished at $50 each.
68	68	40 The commission may make and enforce rules and regulations governing the
69	69	41transportation and delivery of alcoholic beverages and alcohol under permits granted under this
70	70	42section.
71	71	43 Every person operating a vehicle when engaged in such transportation or delivery shall
72	72	44carry the vehicle permit or a certified copy thereof; provided, however, that no permit shall be
73	73	45required if during such transportation there has not been a pickup or delivery of such beverages
74	74	46within or outside of the commonwealth and shall, upon demand of any constable, policeman,
75	75	47member of the state police or any investigator of the commission produce such permit or copy
76	76	48for inspection; and failure to produce such permit or copy shall be prima facie evidence of
77	77	49unlawful transportation and shall, in the discretion of the commission, be sufficient cause for the
78	78	50suspension, cancellation, revocation or forfeiture of such permit.
79	79	51 Whoever knowingly transports within or outside the commonwealth any alcoholic
80	80	52beverages or alcohol except as authorized by this section shall be punished by a fine of not more
81	81	53than two thousand five hundred dollars or by imprisonment for not more than six months, or
82	82	54both. 4 of 5
83	83	55 Notwithstanding any other provision of this section, any individual, partnership, or
84	84	56corporation, regularly and lawfully conducting a parcel delivery service, or a general express or
85	85	57trucking business, or regularly and lawfully engaged in the business of leasing trucks for hire,
86	86	58with or without drivers, may, if authorized by a permit issued by the commission, transport or
87	87	59deliver the products sold at retail by licensees under sections 15, 15G, 19B, 19C and 19F to the
88	88	60ultimate consumers of such products. There shall be a fee for such permit, and persons operating
89	89	61a vehicle when engaged in such transportation or delivery shall be required to carry such permit
90	90	62or certified copy thereof. Parcels transported or delivered under this paragraph shall be clearly
91	91	63labeled with words that indicate that the package contains alcohol and that the signature of a
92	92	64person, age 21 years or older, is required for delivery. Receipts for delivery of such parcels shall
93	93	65contain a check box next to the recipient's signature where he shall certify that he is not under 21
94	94	66years of age and a check box where the delivery person shall certify that valid identification
95	95	67showing that the recipient is not under 21 years of age was presented by the recipient upon
96	96	68delivery. Notwithstanding the foregoing, a delivery company may use an electronic device to
97	97	69receive the signature of a person accepting delivery of a parcel under this section and to certify
98	98	70that the person has displayed a valid identification as so required. No such delivery shall exceed
99	99	71108 liters.
100	100	72 Upon application by an operator of a catering business, the commission is authorized to
101	101	73issue and may issue a permit, to be renewed annually, to such operator to receive alcoholic
102	102	74beverages or alcohol on behalf of, and transport and deliver such alcoholic beverages or alcohol
103	103	75to, any of such operator's customers if such receipt, transportation and delivery is in the ordinary
104	104	76course of such operator's business. 5 of 5
105	105	77 Any such operator of a catering business may store such alcoholic beverage or alcohol if
106	106	78such storage is reasonably incidental to such receipt, transportation and delivery. Said permit
107	107	79shall not authorize the resale of such beverages.
108	108	80 SECTION 4. The commission shall promulgate regulations to effectuate section 2 of this
109	109	81Act by December 31, 2025.
110	110	82 SECTION 5. Section 2 of this Act will take effect on December 31, 2025.