Mass. Gen. Laws ch. 138 § 19

Current through Chapter 223 of the 2024 Legislative Session

Section 138:19 - Licenses to manufacture alcoholic beverages; sale by manufacturer; blending of alcoholic beverages; marks to identify manufacturer; records of manufacturer; fees

(a) The commission may issue to any individual who is both a citizen and resident of the commonwealth and to partnerships, composed solely of such individuals, and to corporations organized under the laws of this commonwealth or organized under the laws of any other state of the United States and admitted to do business in this commonwealth, and to limited liability companies and limited liability partnerships organized under the laws of the commonwealth, subject to such conditions as the commission may prescribe by regulation to address issues of citizenship and residency and the need for a license manager under section 26 as qualifications for a limited liability company or limited liability partnership to hold a license pursuant to this section and sections 15, 18, 18A, 19B and 19C, licenses to manufacture alcoholic beverages. Manufacturers of such beverages may sell the same to any licensee holding a valid license granted by the licensing authorities for the sale within the commonwealth in accordance with the provisions of this chapter, and may also sell such beverages for export from this commonwealth into any state where the sale of the same is not by law prohibited, and into any foreign country; and manufacturers of such beverages may sell the same to any registered pharmacist holding a certificate of fitness under section thirty and also as authorized by section twenty-eight.

Subject to such regulations as may be prescribed by the commission, licensees under this section may rectify or blend, but only upon such premises and under such conditions as the commission shall approve, alcoholic beverages manufactured by them. All alcoholic beverages sold by any manufacturer thereof shall be sold and delivered in such manner, and under such conditions, and with such labels or other marks to identify the manufacturer, as the commission shall from time to time prescribe by regulations; provided, that sales of such beverages may be made in kegs, casks, barrels or bottles, to holders of wholesalers' and importers' licenses; and provided, further, that sale of wines and malt beverages may be made in kegs, casks or barrels by any manufacturer licensed under this section to licensees authorized to sell such beverages under section twelve, thirteen or fourteen and, for the sole purpose of resale in the containers in which the same were delivered, to licensees under section fifteen. No licensee under section fifteen shall resell beverages delivered to him in kegs, casks or barrels under this section, except in such containers.

Every licensed manufacturer of alcoholic beverages shall keep such records in such detail and affording such information as the commission may from time to time prescribe, and shall file with the commission, whenever and as often as it may require, duplicates of copies of such records; and the commission shall at all times, through its designated officers or agents, have access to all books, records and other documents of every licensed manufacturer relating to the business which he is licensed hereunder to conduct.

The license fee for each manufacturer of alcoholic beverages, in respect of each plant, shall be such sum, not less than $6,000 nor more than $10,000, as under the circumstances of the licensee's probable volume of sales under this section, the capacity of his plant and the location thereof, the commission shall deem just and proper; provided, that the license fee for each manufacturer of cider or other alcoholic beverage made from apples shall be such sum, not less than twenty-five nor more than two hundred and fifty dollars, as the commission shall deem just and proper, but no such fee shall be collected from any such manufacturer for the making of cider, the sale of which is authorized by section three without a license.

No vote in any city or town under section eleven shall prevent the granting or renewal of a license under this section.

(b) Notwithstanding section 17, a local licensing authority, subject to the approval of the commission, may grant a license to sell alcoholic beverages for consumption on a manufacturer's premises to a manufacturer authorized to manufacture alcoholic beverages pursuant to this section; provided, however, that such a licensee may sell alcoholic beverages produced by the manufacturer for on-premises consumption.

Mass. Gen. Laws ch. 138, § 19

Amended by Acts 2017 , c. 47, §§ 58, 59 eff. 7/1/2017.

Amended by Acts 2003 , c. 26, § 416, eff. 7/1/2003.

Amended by Acts 2002 , c. 228, § 4, eff. 11/5/02.