FILED ON: 10/21/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2042

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to establish an annual caterer’s license for the service of alcohol beverages at private functions.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 12 of Chapter 138 of the General Laws, as most recently amended, is further amended by adding the following new Section 12 C:

The Commission may issue an annual caterer’s license to an operator of a catering business for the sale and service of all alcoholic beverages to be served and drunk on the premise(s) where the operator is catering a private event that is not open to the public, provided the premise(s) is in a city or town where the granting of a license under § 12 to sell alcoholic beverages is authorized. Caterers licensed pursuant to this act shall be prohibited from serving any type of alcoholic beverages at their principal place of business. The holder of a caterer’s license shall purchase all alcoholic beverages for resale from a wholesaler licensed pursuant to §18 and shall maintain liquor liability insurance providing security for the liability of the licensee in a minimum amount of $250,000 on account of injury to or death of one (1) person, and $500,000 on account of any one (1) accident resulting in injury to or death of more than one (1) person.  The service of alcoholic beverages shall not be for more than five (5) hours during any catered event.  All agents and employees of a licensed caterer who serve alcoholic beverages shall be certified by a nationally recognized alcoholic beverages server training program.

All caterers licensed pursuant to this act shall, prior to forty-eight (48) hours of the start of any catered event where alcoholic beverages will be served, notify, the police chief and the local licensing authority of the city or town where said event shall take place in writing with the following information:

1. Notice that they will be serving alcoholic beverages in said city or town;

2.  A copy of their caterers’ license;

3. Proof of Insurance;

4. Emergency contact information of the manager of the catering company

The Commission after notice to the licensee and reasonable opportunity to be heard may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee violated or permitted a violation of any condition thereof, any law of the Commonwealth or any regulation of the Commission.  The decision of the Commission shall be final and conclusive.  A caterer’s license shall authorize the licensee to store, transport, sell,and deliver alcoholic beverages in the ordinary course of the licensee’s business.  Alcoholic beverages may be stored only on premises owned by the licensee or that the licensee has the exclusive right to occupy.  The license shall be renewable annually and the annual fee shall be one thousand five hundred dollars ($1,500).