Amendment ID: S2708-42
Amendment 42
Permanent alcoholic beverages to-go
Messrs. Oliveira and Moore move that the proposed new text be amended by inserting the following section:-
SECTION ___. Chapter 138 of the General Laws, as so appearing, is hereby amended by adding the following section:-
Section 12 1/2. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Mixed drink”, distilled spirits, cordials or liqueurs, with or without mixers, that are combined on a licensed premises and sold in a sealed or original container that is unopened; provided, that a mixed drink may contain wines and malt beverages in addition to distilled spirits, cordials or liqueurs contained in the alcoholic beverage; provided, however, that the volume of distilled spirits, cordials, liqueurs, wines, malt beverages and mixers contained in said mixed drinks shall be of the same proportion and same price as if served for on-premises
consumption.
“Sealed container”, a packaged container with a secure lid or cap designed to prevent consumption without removal of the lid or cap; provided, however, if the packaged container has a lid with sipping holes or an opening for straws said container shall be covered or affixed with an additional seal; provided, further, that said lid, cap or seal are affixed in such a way to prevent reopening without it being obvious that said lid, cap or seal was removed or broken, which may include tape or a sticking adhesive, before sale.
(b) Notwithstanding any general or special law to the contrary, an establishment licensed to sell all alcoholic beverages, distilled spirits, cordials or liqueurs for on-premises consumption may sell mixed drinks for off-premises consumption subject to the following conditions: (i) the mixed drink shall not be sold to a person under 21 years of age; provided, that any delivery of mixed drinks for off-premises consumption shall not be made without verification that the person receiving the order has attained 21 years of age; (ii) the mixed drink shall be sold in a sealed container or an original unopened container; (iii) the mixed drink shall be sold as part of the same transaction as the purchase of food; provided, however, that any order that includes mixed drinks shall be placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00A.M., whichever time is earlier; (iv) a customer is limited to 64 fluid ounces of mixed drinks per meal; provided, that a meal must include at least one item of food prepared on-site sufficient to serve one individual; and (v) if the mixed drink in a sealed container or an original unopened container is to be transported by a motor vehicle, either by delivery or pick-up, the driver of a motor vehicle shall transport the mixed drink in the trunk of the motor vehicle or some other area that is not considered the passenger area, as defined by section 24I of chapter 90.
(c) Notwithstanding any general or special law to the contrary, an establishment licensed to sell all alcoholic beverages, wines or malt beverages for on-premises consumption may sell wine or malt beverages for off-premises consumption subject to the following conditions: (i) the wine or malt beverage shall not be sold to a person under 21 years of age; provided, however, that any delivery of wine or malt beverages for off-premises consumption shall not be made without verification that the person receiving the order has attained 21 years of age; (ii) the wine or malt beverage shall be sold in a sealed container or an original unopened container; (iii) the wine or malt beverage shall be sold as part of the same transaction as the purchase of food; provided, however, that any order that includes wine or malt beverages shall be placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00 midnight, whichever time is earlier; (iv) a customer shall be limited to 192 ounces of malt beverage and 1.5 liters of wine per meal; provided, that a meal must include at least 1 item of food prepared on-site sufficient to serve 1 individual; and (v) if the wine or malt beverage in a sealed container or an original unopened container is to be transported by a motor vehicle, either by delivery or pick-up, the driver of a motor vehicle shall transport the wines or malt beverages in the trunk of the motor vehicle or some other area that is not considered the passenger area, as defined by section 24I of chapter 90.
(d) Establishments licensed to sell alcoholic beverages for on-premises consumption shall include establishments licensed pursuant to section 12, subsection (b) of section 19, subsection (n) of section 19B, subsection (n) of section 19C, section 19D, subsection (o) of section 19E and section 19H of chapter 138; provided, that an establishment licensed pursuant to said section 19D also holds a license pursuant to said section 12. Establishments selling alcoholic beverages for off premises consumption may only sell alcoholic beverages permitted pursuant to their type and category of license.
(e) Establishments licensed to sell alcoholic beverages for on-premises consumption that deliver any alcoholic beverages for off-premises consumption in vehicles owned or leased by the establishment or their employees must obtain transportation permits pursuant to section 22 of chapter 138 for each vehicle used for deliveries of alcoholic beverages. Establishments licensed to sell alcoholic beverages for on-premises consumption that deliver any alcoholic beverages for off-premises consumption may also use third parties licensed for express transportation pursuant to section 22 of chapter 138 for deliveries of alcoholic beverages.