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  • Acts
  • 2002
  • Chapter 514 AN ACT RELATIVE TO THE TASTINGS OF ALCOHOLIC BEVERAGES.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to allow forthwith for the tasting of alcoholic beverages, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.


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. Section 12 of chapter 138 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by adding the following 2 paragraphs:-

A common victualler who holds a license for the sale of all alcoholic beverages or holds a license for the sale of wines and malt beverages and who also holds pursuant to this section written approval to sell liqueurs and cordials pursuant to his license may provide on-premises sample liqueurs and cordials tasting; provided however, that a licensee shall not solicit orders for liqueurs and cordials for off-premises consumption; and provided, further, that any such liqueurs and cordials tasting shall be limited to ! of an ounce per serving and food shall be served in conjunction with any liqueurs and cordials tasting.

A common victualler who holds a license for the sale of all alcoholic beverages may provide on premises sample alcoholic beverages tasting; provided, however, that a licensee shall not solicit orders for alcoholic beverages for off-premises consumption; and provided further, that any tasting of alcoholic beverages, other than wines and malt beverages, shall be limited to ! of an ounce per serving and food shall be served in conjunction with any alcoholic beverages tasting.

SECTION 2. Section 15 of said chapter 138, as so appearing, is hereby amended by adding the following 2 paragraphs:-

A licensee who holds a license for the sale of all alcoholic beverages may provide, without charge, on-premises sample liqueurs and cordials tastings for prospective customers if such beverages shall be available for sale on the premises; provided, however, that no single serving of liqueurs and cordials shall exceed ! of an ounce. A licensee who holds a license for the sale of all alcoholic beverages according to this section may also conduct on-premises sample liqueurs and cordials tasting in restaurants and function rooms licensed under section 12 who hold a license for the sale of all alcoholic beverages or a license for the sale of wines and malt beverages and which also hold, pursuant to said section 12, written approval to sell liqueurs and cordials pursuant to the license; provided, however, that the holder of a license pursuant to this section shall not solicit orders for off-premises consumption; provided, further, that the holder of a license issued pursuant to said section 12 shall control the dispensing of liqueurs and cordials samples on his premises; and provided further, that food shall be served in conjunction with liqueurs and cordials tasting conducted on the premises of the holder of a license issued pursuant to said section 12.

A licensee who holds a license for the sale of all alcoholic beverages may provide, without charge, on-premises sample alcoholic beverages tastings for prospective customers if such beverages shall be available for sale on such premises; provided, however, that no single serving of alcoholic beverages, other than wines and malt beverages, shall exceed ! of an ounce. A licensee who holds a license for the sale of all alcoholic beverages according to this section may also conduct on-premises sample tasting of alcoholic beverages, other than wines and malt beverages, in restaurants and function rooms licensed under section 12 who hold a license for the sale of all alcoholic beverages; provided, however, that the holder of a license pursuant to this section shall not solicit orders for off-premises consumption; provided further, that the holder of a license issued pursuant to said section 12 shall control the dispensing of samples of alcoholic beverages, other than wines and malt beverages, on his premises; and provided, further, that food shall be served in conjunction with alcoholic beverages tasting, other than wines and malt beverages, conducted on the premises of the holder of a license issued pursuant to said section 12.

SECTION 3. Section 22A of said chapter 138, as so appearing, is hereby amended by adding the following paragraph:-

Upon payment of a fee to be fixed by the commission in each case and subject to such terms and conditions as it may prescribe, it may grant to any suitable individual a permit which shall authorize such individual to accept delivery from a licensee lawfully possessing an alcoholic beverage specified therein which is acquired otherwise than by purchase and not intended for sale. The holder of a permit issued under this paragraph shall use any such alcoholic beverage specified therein solely for research related to consumer consumption of an item having a brand name. Such permit may, in the discretion of the commission, authorize delivery of alcoholic beverages to be consumed on the premises where the research is conducted or off the premises where the research is to be conducted.

SECTION 4. Said chapter 138 is hereby further amended by inserting after section 25E the following section:-

Section 25F. (a) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide wine tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 12 to conduct tastings during any consecutive 30 days. Transportation and delivery of wine by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 12 and the date of the tasting. All free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said sections 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19 and 19B may participate at wine tasting events and may handle, serve or dispense wine, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free wine lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.

(b) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide wine tastings, notwithstanding said section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 15 and the date of the tasting. All such free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B, 19 and 19B may participate at such wine tasting events and may handle, serve or dispense wine or wine products, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free wine lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.

(c) Licensees under section 18, 19 or 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide malt beverages tastings, notwithstanding the provisions of section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during a 30-day period. Transportation and delivery of such malt beverages by the licensee under said section 18, 19, or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 12 and the date of the tasting. All such free malt beverages delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19, and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free malt beverages lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purpose of this paragraph, the word "supplier" shall mean a licensee under said section 19, 19C, or 19D or a holder of a certificate of compliance under said section 18B.

(d) Licensees under sections 18, 19 and 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide malt beverages tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during a 30-day period. Transportation and delivery of such products by the licensee under section 18, 19 or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 15 and the date of the tasting. All such free malt beverages delivered but not used during the tasting shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B, 19 and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free malt beverages lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19, 19C or 19D or a holder of a certificate of compliance under said section 18B.

(e) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such liqueurs and cordials by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free liqueurs and cordials being delivered to the licensee under said section 12 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve or dispense liqueurs and cordials either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.

(f) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of liqueurs and cordials being delivered to the licensee under said section 15 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve and dispense liqueurs and cordials products, either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under section 19 or a holder of a certificate of compliance under section 18B.

(g) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 12 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials and may handle, serve or dispense such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by the licensee under said section 18, notwithstanding the provisions of section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.

(h) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 15 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, and may handle, serve or dispense alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by said licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.

Approved January 1, 2003.