SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2567

The Commonwealth of Massachusetts

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

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SENATE, January 29, 2024.

The committee on Consumer Protection and Professional Licensure, to whom was referred the petitions (accompanied by bill, Senate, No. 206) of Patrick M. O'Connor for legislation relative to the citizenship requirement to be appointed manger on license for the sale of alcoholic beverages, report the accompanying bill (Senate, No. 2567).

For the committee,

John J. Cronin

        FILED ON: 1/22/2024

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2567

The Commonwealth of Massachusetts

_______________

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

_______________

An Act relative to the citizenship requirement to be appointed manager on a license for the sale of alcoholic beverages.

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. Chapter 138 of General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking out section 26, and inserting in place thereof the following section:-

Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle permit for the transportation thereof shall be issued to any person who is not, at the time of his application therefor, a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101, or to any agent of any such person, or to any corporation a majority of whose directors are in fact aliens, and no person not such a citizen or such a qualified alien shall be appointed as manager or other principal representative of any licensee; provided, that nothing herein shall prevent the granting of a license under section eighteen A to any corporation organized under the laws of a foreign country or the granting of a vehicle permit to such a corporation so licensed.

No corporation, organized under the laws of the commonwealth or of any other state or foreign country, shall be given a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, in such manner as the licensing authorities by regulation prescribe, as manager or other principal representative, a citizen of the United States or a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101, and shall have vested in him by properly authorized and executed written delegation as full authority and control of the premises, described in the license of such corporation, and of the conduct of all business therein relative to alcoholic beverages as the licensee itself could in any way have and exercise if it were a natural person resident in the commonwealth, nor unless such manager or representative is, with respect to his character, satisfactory to the licensing authorities.

No provision of this chapter shall impair any right growing out of any treaty to which the United States is a party.