Amendment #64 to H4165
Promoting Massachusetts’ Breweries, Distilleries, and Wineries
Ms. Andrews of Orange moves to amend the bill by adding the following sections:-
SECTION XX. Chapter 138 is hereby amended by inserting after section 15F the following section:-
Section 15G. (a) For purposes of this section, the term “tasting event” shall mean a temporary event for the sale or sampling of all alcoholic beverages or the sale and sampling of wines and malt beverages held at a designated location and approved by the local licensing authority pursuant to this section. A tasting event may take place at an indoor or outdoor location and on multiple dates or times.
(b) In any city or town wherein the granting of licenses for the sale of all alcoholic beverages is authorized pursuant to this chapter, the local licensing authority may issue, to a common victualler or innholder licensed pursuant to section 12, a special license for the sale and sampling of all alcoholic beverages at tasting events or a special license for the sale and sampling of wines and malt beverages at tasting events.
(c) In any city or town wherein the granting of licenses for the sale of wines and malt beverages is authorized pursuant to this chapter, the local licensing authority may issue, to a common victualler or innholder licensed pursuant to section 12, a special license for the sale and sampling of wines and malt beverages at tasting events.
(d) A common victualler or innkeeper who holds a special license for the sale and sampling of all alcoholic beverages pursuant to subsection (b) may provide, with or without charge, samples of all alcoholic beverages to prospective customers for consumption on the premises of the tasting event. A common victualler or innkeeper who holds a special license for the sale and sampling of wines and malt beverages pursuant to subsection (b) or (c) may provide, with or without charge, samples of wines and malt beverages to prospective customers for consumption on the premises of the tasting event. All samples shall be provided by an agent, representative or solicitor of the licensee to individuals who are at least 21 years of age and consumed in the presence of such agent, representative or solicitor of the licensee. A sample shall not exceed 2 ounces in the case of a malt beverage, 1 ounce in the case of wine or 1/4 of an ounce in the case of any alcoholic beverage other than wines and malt beverages. A common victualler or innkeeper who holds a special license pursuant to subsection (b) or (c) shall not serve more than 5 samples of malt beverages nor more than 5 samples of wine nor more than 5 samples of alcoholic beverages other than wines and malt beverages, to an individual attending a tasting event. A common victualler or innkeeper who holds a special license pursuant to subsection (b) or (c) may charge an admission fee for attendance at a tasting event.
(e) A common victualler or innkeeper who holds a special license for the sale and sampling of all alcoholic beverages pursuant to subsection (b) may solicit orders for and sell unopened containers of alcoholic beverages not to be drunk on the premises of the tasting event provided that the alcoholic beverage for sale is available for sampling at the tasting event. A common victualler or innkeeper who holds a special license for the sale and sampling of wines and malt beverages pursuant to subsection (b) or (c) may solicit orders for and sell unopened containers of wines and malt beverages not to be drunk on the premises of the tasting event provided that the wines and malt beverages for sale are available for sampling at the tasting event. All sales pursuant to this section shall be made during the dates and times of a tasting event certified pursuant to subsection (f) to individuals who are at least 21 years of age.
(f) To be eligible to receive a special license pursuant to this section, a common victualler or innkeeper shall submit, an application on a form to be prescribed by the commission to the local licensing authority together with an annual plan of tasting events. The application and annual plan may be submitted simultaneously with an application for or renewal of a license issued pursuant to section 12; provided, however, that no license may be issued pursuant to this section unless the common victualler or innkeeper is licensed pursuant to section 12. A special license issued pursuant to this section shall become invalid upon the revocation or nonrenewal of the common victualler’s or innkeeper’s license issued pursuant to section 12.
The annual plan shall include a description of each event, including the dates, time and exact premises of each event and a copy of the operational guidelines or rules for each tasting event the common victualler or innkeeper plans to host. Upon application for a special license for the sale and sampling of all alcoholic beverages at tasting events pursuant to subsection (b), the annual plan shall indicate for each tasting event whether all alcoholic beverages shall be served, or whether only wines, only malts, only alcoholic beverages or a combination thereof shall be served. Upon application for a special license for the sale and sampling of wines and malt beverages at tasting events pursuant to subsection (b) or (c), the annual plan shall indicate for each tasting event whether both wines and malts shall be served or whether only wines or only malts shall be served.
Applications for a special license pursuant to this section shall be granted or dismissed by the local licensing authority not later than 30 days after the filing of the same; provided, however, in granting a special license, the local licensing authority may reject certain tasting events set forth in the annual plan. A special license issued pursuant to this section shall designate the tasting events certified by the licensing authority and covered by the license; provided, however, the licensing authority shall not certify any tasting event that will not take place within 1 calendar year of the date of the special license issuance. The licensee shall display the license conspicuously at each tasting event. The local licensing authority may charge a fee for each special license granted, but such fee shall not exceed $25.
(g) A special license granted under this section shall be nontransferable to any other person, corporation or organization and shall be clearly marked nontransferable on its face. If a license granted pursuant to this section, is revoked or no longer in use it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority.
(h) The commission may promulgate rules and regulations it deems appropriate to effectuate the purposes of this section.
SECTION XY. Section 25F of said chapter 138, as appearing in the 2012 Official Edition, is hereby amended by striking out, in lines 4 and 32, the figure “9” and inserting in place thereof, in each instance, the following figure:- 27.
SECTION XZ. Said section 25F of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 61 and 91, the figure “18” and inserting in place thereof, in each instance, the following figure:- 54.
SECTION YY. Said section 25F of said chapter 138, as so appearing, is hereby further amended by striking out, in lines 120, 148, 177 and 215, the words “1 liter” and inserting in place thereof, in each instance, the following words:- 3 liters.