SENATE DOCKET, NO. 2884        FILED ON: 3/20/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Diana DiZoglio

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to expand take-out/delivery options for local restaurants in response to COVID-19.

_______________

PETITION OF:

 

Name:

District/Address:

 

Diana DiZoglio

First Essex

 

Adam G. Hinds

Berkshire, Hampshire, Franklin and Hampden

3/21/2020

Patrick Joseph Kearney

4th Plymouth

3/21/2020

Nick Collins

First Suffolk

3/23/2020

Denise Provost

27th Middlesex

3/23/2020

Patrick M. O'Connor

Plymouth and Norfolk

3/23/2020

Joseph D. McKenna

18th Worcester

3/23/2020

Brendan P. Crighton

Third Essex

3/23/2020

Mathew J. Muratore

1st Plymouth

3/23/2020

Paul R. Feeney

Bristol and Norfolk

3/23/2020

Walter F. Timilty

Norfolk, Bristol and Plymouth

3/24/2020

Alyson M. Sullivan

7th Plymouth

3/24/2020

Adrian C. Madaro

1st Suffolk

3/24/2020

Marc R. Pacheco

First Plymouth and Bristol

3/25/2020

Patricia D. Jehlen

Second Middlesex

3/25/2020

Nika C. Elugardo

15th Suffolk

3/25/2020

Michael F. Rush

Norfolk and Suffolk

3/30/2020

Mike Connolly

26th Middlesex

5/28/2020


SENATE DOCKET, NO. 2884        FILED ON: 3/20/2020

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

By Ms. DiZoglio, a petition (accompanied by bill) (subject to Joint Rule 12) of Diana DiZoglio, Adam G. Hinds, Patrick Joseph Kearney, Nick Collins and other members of the General Court for legislation to expand take-out/delivery options for local restaurants in response to COVID-19.  Consumer Protection and Professional Licensure.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-First General Court
(2019-2020)

_______________

 

An Act to expand take-out/delivery options for local restaurants in response to COVID-19.

 

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to expand options for local restaurants suffering substantial economic injury as a result of COVID-19, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public safety, health and convenience.
 

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

SECTION 1. (a) Notwithstanding any general or special law to the contrary, any on-premises consumption licensee under section 12 of chapter 138 may sell for off-premises consumption, at not less than the licensee’s listed menu price or wholesale price, whichever is greater, unopened containers of wine, malt beverages and spirits when accompanying prepared food take-out and delivery orders. Such licensees shall submit written confirmation of their intent to engage in the provisions of this section to local law enforcement and the alcoholic beverages control commission, and shall maintain records available for inspection of all such take-out and delivery sales of wine, malt beverages and spirits.

(b) Deliveries of wine, malt beverages and spirits accompanying prepared food orders pursuant to subsection (a) shall be made by the licensee or a TIPS-certified employee of the licensee during the licensee’s regular on-premises hours of operation as determined notwithstanding the Governor’s Executive Order issued on March 15, 2020, to an individual residing at the delivery premises who has appropriate identification for age verification. The licensee or employee making the delivery shall have in their possession in the delivery vehicle a copy of the restaurant license and a delivery invoice showing the quantity, type, origin and destination of the order being delivered. No order of wine, malt beverages or spirits shall be invoiced or delivered to a person under 21 years of age. The licensee or employee making the delivery shall verify the age of the person invoiced and to whom the order is delivered pursuant to the provisions and subject to the penalties of section 34 of said chapter 138, and may refuse delivery if age verification is not met.

(c) Such licensees shall otherwise be subject to all of said chapter 138.

SECTION 2. This Act shall take effect upon its passage.

SECTION 3. This Act shall sunset upon the earlier of (i) the termination or rescission of the Governor's Executive Order issued on March 15, 2020, including extensions thereof, or (ii) such time as the emergency declaration issued by the Governor dated March 10, 2020, and designated as Executive Order Number 591, is rescinded by the Governor.