Bill H.3817

HOUSE DOCKET, NO. 3479 FILED ON: 1/20/2023

HOUSE . . . . . . . . . . . . . . . No. 3817

By Representative Vitolo of Brookline, a petition (accompanied by bill, House, No. 3817) of Tommy Vitolo relative to the portability of alcohol service licenses. Consumer Protection and Professional Licensure.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act relative to the portability of alcohol service licenses.

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. Section 12C of chapter 138 of the General Laws, as appearing in the 2020 Official Edition, is hereby amended by adding the following subsection:-

(d) A licensee under this section shall not be required to serve food or hold a food service permit, but a licensee may serve food if it obtains a proper food service permit.

SECTION 2. Said chapter 138 is hereby amended by inserting, after section 12C, the following 2 sections:-

Section 12D. (a) The commission may issue an annual mobile alcohol service license to an operator of a mobile alcohol service for the sale and service of alcoholic beverages to be served and drunk on the premises where the operator serves a private event that is not open to the public; provided, however, that no such license shall be exercisable on premises located in a city or town wherein the granting of licenses under section 12 has not been authorized by that city or town. A mobile alcohol service 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 the premises owned by the licensee or that the licensee has the exclusive right to occupy. A mobile alcohol service licensed pursuant to this section shall not serve alcoholic beverages at the licensee’s principal place of business. A licensee under this section shall purchase all alcoholic beverages for resale from a wholesaler licensed pursuant to section 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 1 person and $500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. The service of alcoholic beverages shall not be for more than 5 hours during an event. All agents and employees of a licensed mobile alcohol service who serve alcoholic beverages shall be certified by a nationally-recognized alcoholic beverages server training program. The license shall be renewable annually and shall be subject to an annual fee of $1,500.

(b) A mobile alcohol service licensed pursuant to this section shall not serve food at any event at which it serves alcohol.

(c) Prior to 48 hours before the start of an event where alcoholic beverages shall be served, a mobile alcohol service licensed under this section shall provide written notice of the event to the police chief and the local licensing authority of the city or town wherein the event will be held. The notice shall include the following information:

(i) a copy of the mobile alcohol service license;

(ii) proof of liquor liability insurance; and

(iii) emergency contact information of the manager of the licensee’s company.

(d) 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 a condition of the license or of any law of the commonwealth or regulation of the commission. The decision of the commission shall be final and conclusive.

Section 12E. (a) The commission may issue an annual mobile alcohol service license to an operator of a mobile alcohol service for the sale and service of alcoholic beverages to be served and drunk on the premises where the operator serves a private event that is not open to the public; provided, however,

that no such license shall be exercisable on premises located in a city or town wherein the granting of licenses under section 12 has not been authorized by that city or town. A mobile alcohol service 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 the premises owned by the licensee or that the licensee has the exclusive right to occupy. A mobile alcohol service licensed pursuant to this section shall not serve alcoholic beverages at the licensee’s principal place of business. A licensee under this section shall purchase all alcoholic beverages for resale from a wholesaler licensed pursuant to section 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 1 person and $500,000 on account of any 1 accident resulting in injury to or death of more than 1 person. The service of alcoholic beverages shall not be for more than 5 hours during an event. All agents and employees of a licensed mobile alcohol service who serve alcoholic beverages shall be certified by a nationally-recognized alcoholic beverages server training program. The license shall be renewable annually and shall be subject to an annual fee of $1,500.

(b) A mobile alcohol service licensed pursuant to this section shall not serve food at any event at which it serves alcohol; provided, that a mobile alcohol service licensed pursuant to this section shall only serve alcohol at events at which food is provided by a person or service with a food service permit.

(i) a copy of the mobile alcohol service license;

(ii) proof of liquor liability insurance; and

(iii) emergency contact information of the manager of the licensee’s company.

Name:	District/Address:	Date Added:
Tommy Vitolo	15th Norfolk	1/20/2023