205 Mass. Reg. 136.07

Current through Register 1523, June 7, 2024

Section 136.07 - Practices and Conditions of License

(1)Insurance. The gaming beverage licensee must at all times maintain liquor liability insurance for bodily injury or death for a minimum amount of $250,000 on account of injury to or death of one person, and $500,000 on account of any one accident resulting in injury to or death of more than one person. The policy shall have no annual aggregate limit.

(2)Price Restrictions. The gaming beverage licensee, or jointly responsible person, shall maintain a schedule of the prices charged for all alcoholic beverages to be served in a licensed area. Such prices shall be effective and remain constant for not less than one calendar week. An alcoholic beverage must be either served free of charge in the gaming area in accordance with a gaming licensee's complimentary distribution program consistent with 205 CMR 138.09: Retention, Storage and Destruction Records or at the price set in the schedule. The distribution of a free alcoholic beverage may not be conditioned on the purchase of an alcoholic beverage. 205 CMR 136.07(2) shall not apply to private functions not open to the public and shall be subject to the provisions of 205 CMR 136.07(4).

Nothing contained in 205 CMR 136.00 shall be construed to prohibit licensees from offering complimentary food or entertainment at any time; or to prohibit licensees from including an alcoholic beverage as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person; or to prohibit a licensee from offering room services to registered hotel guests.

A gaming beverage licensee and/or jointly responsible person may conduct alcoholic beverage tastings in a licensed area of beer/malt, wine, liqueurs, cordials and alcoholic beverages provided that food is served in conjunction with the tasting and the IEB is provided 24-hour advance written notice specifying the date, time, location, and type of samples to be offered at the event. Tasting quantities shall be limited as follows:

(a) beer/malt beverage tasting samples shall be limited to two ounces per serving;

(b) wine tasting samples shall be limited to one ounce per serving; and

(c) Other alcoholic beverages including liqueur and cordial samples shall be limited to ¼ of an ounce per serving.

(3)Vendor and Employee License and Registration. Each jointly responsible person must possess a vendor license or registration issued pursuant to 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations and each manager or other principal representative of a jointly responsible person must possess an employee license or registration issued pursuant to 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations. No gaming beverage licensee or jointly responsible person may receive alcoholic beverages from a supplier unless the supplier possesses a valid vendor license or registration pursuant to 205 CMR 134.04: Vendors. Moreover, said supplier of alcoholic beverages must first possess the legal authority, pursuant to M.G.L. c. 138 to supply alcoholic beverages to a retailer licensed to operate an "on-premises" license under M.G.L. c. 138, § 12.

(4)Distribution of Alcoholic Beverages Free of Charge. Pursuant to M.G.L. c. 23K, § 26(c) and St. 2011, c. 194, § 107, a gaming beverage licensee or jointly responsible person may only distribute alcoholic beverages free of charge for on-premises consumption to patrons in the gaming area. Complimentary distribution must be offered in accordance with the gaming licensee's complimentary distribution program submitted in accordance with 205 CMR 138.13. Provided, alcoholic beverages may be provided to patrons in a licensed area outside of the gaming area at no cost to the patron if the alcoholic beverages are paid for by a third party other than the gaming beverage licensee or jointly responsible person. Documentation of any such third party payment shall be maintained by the gaming beverage licensee for inspection upon request by the commission, or its agents, including agents of the gaming liquor enforcement unit of the ABCC.

(5)Postings. The gaming beverage licensee shall post in a location continuously conspicuous to the public within each licensed area and wherever alcoholic beverages are served:

(a) a copy of the licensed area addendum pursuant to 205 CMR 136.09(2) for the licensed area, and

(b) a summary of M.G.L. c. 90, § 24 prohibiting driving under the influence and stating the maximum penalties provided therefore.

(6)Bottle Service. If the gaming beverage licensee intends to offer bottle service it shall detail its policies and protocols for such service as part of its application submitted in accordance with 205 CMR 136.04(1), which shall include, at a minimum, a requirement that alcoholic beverages be poured by an employee of the gaming licensee who is licensed in accordance with 205 CMR 134.00: Licensing and Registration of Employees, Vendors, Junket Enterprises and Representatives, and Labor Organizations.

(7)Prohibited Distribution. A gaming beverage licensee, jointly responsible person, and their respective agents and employees, except as otherwise provided by 205 CMR 136.07:

(a) may not offer or deliver more than two drinks to one individual at a time (except that a bottle of wine may be served to one or more patrons);

(b) may not sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price (i.e., open bar), except at invitation-only private functions not open to the public;

(c) may not increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;

(d) may not offer or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;

(e) may not encourage or permit any game or contest which involves drinking alcoholic beverages or the awarding of alcoholic beverages as prizes;

(f) may not serve an alcoholic beverage to any person who is visibly intoxicated;

(g) may not serve an alcoholic beverage to any person who is younger than 21 years old;

(h) may not serve or distribute alcoholic beverages at the gaming establishment between 2:00 A.M. and 8:00 A.M. subject to 205 CMR 136.07(7)(i); and

(i) may, with the commission's approval, serve alcoholic beverages between the hours of 2:00 A.M. and 4:00 A.M. to patrons of the gaming establishment who are actively engaged in gambling, as defined by M.G.L. c. 23K, § 2, in the gaming area. Such service shall be conducted in accordance with the procedures approved in accordance with 205 CMR 138.12.

(8)Forms of Identification.

(a) A gaming beverage licensee or jointly responsible person shall use an identification scanner to detect fraudulent identification and may rely on the following forms of identification to demonstrate proof that a person 21 years of age or older:

1. a liquor purchase identification card issued pursuant to M.G.L. c. 138, § 34B or a motor vehicle driver's license issued pursuant to M.G.L. c. 90, § 8, or a liquor purchase identification card or driver's license issued by another State in the United States or government of a foreign country, or district therein, recognized by the United States government;

2. an identification card issued pursuant to M.G.L. c. 90, § 8E or the equivalent issued by another State in the United States;

3. a valid passport issued by the United States government, or by a government of a foreign country recognized by the United States government; or

4. a valid United States issued military identification card;

(b) If a gaming beverage licensee or jointly responsible person reasonably relies on the forms of identification described in 205 CMR 136.07(8)(a) for proof of person's identity and age, the gaming beverage licensee or jointly responsible person shall not suffer any disciplinary action for delivering or selling alcoholic beverages to a person younger than 21 years old. If reliance was reasonable, such reliance creates a rebuttable presumption that the individual so relying exercised due care in making such delivery or sale of alcoholic beverages to a individual younger than 21 years old for purposes of 205 CMR 136.07. Provided, this presumption shall not affect the applicability of 205 CMR 138.07(7)(f).

(9)Employee Policies.

(a) The gaming beverage licensee or the jointly responsible person must appoint in writing one or more managers or other principal representatives for each licensed area.

(b) At least one manager or other principal representative must be present in each licensed area at all times that alcoholic beverages are available for sale or distribution, and shall be available to the division of gaming liquor enforcement of the ABCC, the IEB, the Division of Licensing, and the gaming enforcement unit at any such time. Further, assigned managers or principal representatives shall be responsible to ensure that alcohol is properly stored and secured at all times in accordance with the gaming beverage licensee's policies and protocols approved in accordance with 205 CMR 138.12: Alcoholic Beverage Control and in accordance with 205 CMR 138.02: Licensee's System of Internal Controls.

(c) Before beginning employment, the gaming beverage licensee or jointly responsible person must receive proof that managers or other principal representatives successfully completed a recognized alcoholic beverage server training program, such as Training for Intervention Procedures (TIPS). The gaming beverage licensee and jointly responsible person must ensure that all other employees involved in the service or delivery of alcoholic beverages complete such program within 30 days of hire. Any employee who fails to obtain such training within 30 days of hire shall not be eligible to serve alcoholic beverages until such time as said training is completed. The gaming beverage licensee and jointly responsible person shall be responsible for ensuring that all employees read, understand, and comply with the rules and regulations of the commission and 205 CMR 136.00. The gaming beverage licensee must ensure that all employees abide by the gaming beverage licensee's policy for responsible alcoholic beverage services in accordance with 205 CMR 138.12: Alcoholic Beverage Control.

(d) No gaming beverage licensee or jointly responsible person may take any adverse employment action against an employee for declining to serve, or refusing to allow another to serve, a patron who he or she believes, in good faith, is younger than 21 years old, intoxicated, engaged in illegal activity, or causing a disturbance.

(10)Quality of Beverages.

(a)Substitution of Beverages. The substitution of any alcoholic beverages of a kind or brand different from that ordered by a purchaser is prohibited unless it is done with the consent of the person making the purchase.

(b)Dilution. No gaming beverage licensee or jointly responsible person shall dilute, change, or in any manner tamper with any alcoholic beverage authorized to be sold under such license so as to change its composition or alcoholic content. Possession on the premises of the gaming establishment or a licensed area of any alcoholic beverage differing in composition or alcoholic content from such beverage when received from the manufacturer or wholesaler and importer from whom it was purchased, except cocktails and other mixed drinks, shall be prima facie evidence that the said beverage has been diluted, changed or tampered with in violation of 205 CMR 136.07(10)(b).

(c)Entry and Samples. The commission, or its agents, including agents of the gaming liquor enforcement unit of the ABCC, may at any time enter upon any area of the gaming establishment, including any licensed area, for purposes of enforcement of M.G.L. c. 23K or 205 CMR 136.00. The commission or its agents, including agents of the gaming liquor enforcement unit of the ABCC, may at any time take samples for analysis from any beverages or alcohol kept on such premises, and the vessel or vessels containing such samples shall be sealed on the premises in the presence of a representative of the gaming beverage licensee or jointly responsible person.

(11)Resealing of Partially Consumed Bottles of Wine.

(a) No gaming beverage licensee or jointly responsible person shall permit a patron to retain and take off the premises of the gaming establishment so much of a bottle of wine purchased by that patron with a meal and not totally consumed by that patron during the meal, except when the bottle is re-sealed in compliance with 205 CMR 136.07(11).

(b) Only one partially consumed bottle of wine per patron may be resealed and removed from the gaming establishment.

(c) A receipt that prominently displays the date of the purchase of the meal must be furnished to the patron. The receipt must show both the purchase of the meal and the purchase of the bottle of wine.

(d) Proper re-sealing requires:

1. securely resealing the bottle of wine;

2. placing the resealed bottle in a one-time use tamper proof transparent bag that insures the patron cannot gain access to the bottle while in transit after the bag is sealed;

3. securely sealing the bag; and

4. affixing the receipt to the sealed bag.

(12)Public Safety. No gaming beverage licensee or jointly responsible person shall permit disorder, disturbance, or illegality of any kind in a licensed area or any portion of the premises of the gaming establishment in which alcoholic beverages are permitted to be consumed. A gaming beverage licensee must maintain and exercise close supervision and control over the service of alcoholic beverages in the licensed areas at all times. The commission or its agents, including agents of the gaming liquor enforcement unit of the ABCC may, as required in cases of public disturbance, order gaming beverage licensees and jointly responsible persons not to sell, give away, or deliver any alcoholic beverages in the gaming establishment, or within a specific licensed area(s), for a period not exceeding three days at any one time. At the gaming beverage licensee's request, a hearing in accordance with 205 CMR 101.00 shall promptly be scheduled in the event that such order is issued to determine the need for continuation of the order.