Every state varies slightly in their laws pertaining to liquor licenses. If you're about to set sail on a journey to acquire your license in Massachusetts, here are eight interesting facts that could affect how you apply, whether or not you get approved, and your liabilities after you receive your license.
1. On or off? The Massachusetts Alcoholic Beverages Control Commission (ABCC) grants both off-premises and on-premises licenses. The difference between them boils down to whether or not the alcohol will be consumed where it is sold. An off-premises license is for liquor stores, and on-premises licenses are for restaurants, bars, clubs, taverns, and hotels.
2. Criminal history. Some states, like Texas, review criminal records on a case-by-case basis when determining whether or not to approve your liquor license. But Massachusetts lays it out in black and white. If you're applying for an on-premises license, and you've been convicted of breaking a federal or state narcotic drug law, your application will not be approved. And if you've been convicted of any felony, you won't be able to get an off-premises license.
3. Identification, please! If a patron from another state visits your establishment, you may want to think twice about serving them that glass of beer or wine. Why? If they are later found to be underage, and you end up being charged with serving a minor, you are not protected if an an out-of-state license was shown to "prove" their age. If you want to play it safe, the following forms of identification will protect you from liability:
- Massachusetts driver's license or ID card
- Massachusetts liquor ID card
- Government issued passport (or one that is officially recognized by the U.S.)
- Passport card for a U.S. issued passport
- Military ID
Keep in mind that there currently aren't any laws that make a licensee require those purchasing liquor to show identification at all, unless the alcohol is delivered to a home or office. Therefore, not all establishments follow this guideline, particularly if they are confident the patron is of legal age. It's up to you to decide what you're comfortable with.
4. Free drink, anyone? If you're a hotel, bar, or restaurant manager who wants to offer free-drink specials, you'll need to pair that drink with a meal "package" in order to be protected, and even then, it's only allowed under certain circumstances. The ABCC strictly prohibits the giving away of alcoholic beverages by themselves.
5. No more happy hour. This is a time during which many bars and restaurants offer discounts on drinks, and it typically occurs around dinnertime when people are getting out of work. As the first state to ban happy hour in 1984, Massachusetts remains among a handful of those that still don't allow these sorts of drink specials.
6. One-day licenses. If you're looking for a way to legally sell alcohol just for the day, you're in luck. One-day liquor licenses can be had for just $75 (malt and wine only) or $150 (all alcohol). Just be sure to apply by the Monday that falls 2 weeks before the one-day event. If you wish to extend the license to 30 days, the prices go up to $175 and $250, respectively.
7. Wine for Charity. If you're a charitable organization interested in selling wine as a fundraiser, you can actually do this legally, so long as you follow a few rules. First, you'll need to apply for a Charity Wine Auction License (CWAL) or a Charity Wine Pouring License (CWPL). The first one allows bottles of wine to be auctioned off, and the second allows the consumption of wine at the fundraiser itself. The wine must have been donated, and the money made from the sale of the wine must be used for charitable purposes. In other words, you can't pocket any of the money you make.
Your application approval will be contingent upon being in good standing with the Public Charities Division. Furthermore, the wine auction itself can only be held at the application-approved location, which is usually the principal place of business for the charity or another approved spot.
8. Use that license to get a loan. Yes, you read that correctly. In Massachusetts, your liquor license can be used as a "Pledge" to secure a loan. Applicants will have to be approved by the ABCC and comply with the Uniform Commercial Code (UCC) as well as Section 23 of the Massachusetts General Laws.
If you're looking to get a liquor license in another state, like Arizona, contact a company like Arizona Liquor Industry Consultants.
