Amendment #45, as changed to H.4187

Amendment #45, as changed to H4187

Hemp Beverage Licensing

Mr. Consalvo of Boston moves to amend the bill in section 40, by striking out section 27 and section 28, in lines 692 through 716, inclusive, and inserting in place thereof the following:-

Section 27. (a) No person shall sell a hemp beverage product at wholesale in the commonwealth unless such person holds a license to import or sell all alcoholic beverages at wholesale issued under section 18 of chapter 138. The commission may impose a fine of not more than $10,000 on any person that advertises, announces, establishes, maintains or is concerned in establishing or maintaining a hemp beverage wholesaler operation without a license. Each day during which a violation continues shall constitute a separate offense.

(b) Holders of all alcoholic beverage wholesale licenses issued under section 18 of chapter 138 shall only sell hemp beverage products to holders of an off-premises, all alcoholic beverage retail license issued under section 15 of chapter 138.

Section 28. (a) Only holders of an off premises all alcoholic beverage license under section 15 of chapter 138 shall sell hemp beverages to consumers. Sales to consumers by any person other than a licensee under section 15 of chapter 138 shall be strictly prohibited. No hemp beverage product shall be sold, or offered for sale, at retail to any individual by way of any indirect means, including, but not limited to, by way of mail or any telephonic or other electronic means. The commission may impose a fine of up to $10,000 on a person that advertises, announces, establishes, maintains or is concerned in establishing or maintaining a retail establishment that sells, or offers for sale, at retail, hemp beverage products in violation of this subsection. Each day during which a violation continues shall constitute a separate offense.

(b) Holders of off premises all alcoholic beverage licenses under section 15 of chapter 138 shall only purchase hemp beverage products to be sold at retail from a holder of an all alcoholic beverage wholesale license issued under section 18 of chapter 138.