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HOUSE DOCKET, NO. 3499         FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2700

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul McMurtry

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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 The Private Function Caterers' Act of 2011.

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PETITION OF:

 

Name:

District/Address:

Paul McMurtry

11th Norfolk

David M. Nangle

17th Middlesex

Elizabeth A. Poirier

14th Bristol

James M. Cantwell

4th Plymouth

Stephen L. DiNatale

3rd Worcester

George T. Ross

2nd Bristol

Donald H. Wong

9th Essex


HOUSE DOCKET, NO. 3499        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2700

By Mr. McMurtry of Dedham, a petition (accompanied by bill, House, No. 2700) of Paul McMurtry and others for legislation to authorize the issuance of annual  licenses for the sale of all alcoholic beverages to be drunk on the premises to operators of catering businesses.  Consumer Protection and Professional Licensure. 


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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An Act The Private Function Caterers' Act of 2011.
 

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

              Whereas, caterers are in the business of accomodating their customers wishes at private parties; Whereas, catering private functions is one of the economic engines driving growth in the hospitality industry; Whereas, hosts at private functions very often request service of beverage alcohol for their guests; Whereas, the general public interests are best served by the responsible service of alcohol by trained professionals; Whereas, the need exists for the Commonwealth to address alcohol service at private functions; now, therefore may

              Massachusetts General Law Chapter 138, Section 12, as most recently amended, is further amended by adding the following paragraph:

              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.  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 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.  The decision of the Commission shall be final and conclusive.

              A caterer’s license shall authorize the licensee to store, transport 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 two thousand five hundred dollars ($1,500).

              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.

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