Product Description

Recent updates:

• Update: September 2025

  Dear Subscriber:

  Thank you for choosing to stay current with this 2025 edition of Alcohol, Food Service, and Entertainment Licensing. This revised edition highlights developments in the licensing of Massachusetts alcohol, food service, and entertainment establishments and contains updates and practical tips on topics such as:

  • Possession of alcoholic beverages by underaged persons. Chapter 1 contains the full text of a decision addressing 204 CMR 2.05 (2), 204 CMR 4.03 (1)(c), and 204 CMR 2.16 (1).

  • Lease provisions affecting a tenant's license. Chapter 2 adds a Practice Note that explains the customary practice for a landlord to insert provisions into a lease that limit or affect the tenant's right with respect to its liquor license. It sets forth a few ways in which the landlord can exercise a degree of control.

  • Citizenship requirements. Chapter 5 discusses two ABCC advisories issued on November 26, 2024 (included in the chapter), that explain the changes to G.L. c. 138, § 26 concerning citizenship requirements for both state and retail license managers.

  • Transactions involving transfer of ownership in establishments. Chapter 6 includes a practical advisory relative to representing buyers, including acquisition of an updated Certificate of Good Standing issued by the Massachusetts Department of Revenue and an updated Certificate of Compliance issued by the Massachusetts Department of Unemployment Assistance. The advisory also advises the reader regarding confirmation that the Department of Revenue waives any lien on the assets of the seller-entity.

  These are just a few of the features of the 2025 edition. We at MCLE trust that you will find this new content useful in your service to your clients.

  Cordially,

  Maryanne G. Jensen, Esq. Director of Publications

Table of Contents

Chapter 01 expand

The Authoritative Framework for Alcoholic Beverage Licensing

Buy Chapter

Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Exhibit 1A

- G.L. c. 138, § 11: Questions to Be Placed on Ballot at Biennial State Election Buy Form

Chapter 02 expand

License Acquisitions

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Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Chapter 03 expand

Licensing at the Local Level

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Jon D. Aieta, Esq., McDermott, Quilty, Miller & Hanley, LLP
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Chapter 04 expand

Entertainment Licensing

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Carolyn M. Conway, Esq., Law Office of Carolyn M. Conway

Exhibit 4A

- Frequently Asked Questions: Sunday Licenses Buy Form

Exhibit 4B

- Memorandum of Decision and Order for Judgment for Order in James Associates, Inc. d/b/a Boston Beer Garden v. Mayor’s Office of Consumer Affairs & Licensing (1998) Buy Form

Chapter 05 expand

The License Application Procedure

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Michael E. Brangwynne, Esq., Fletcher Tilton, PC
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP
Adam Chin Ponte, Esq., Fletcher Tilton, PC

Exhibit 5A

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 26–State License Managers Buy Form

Exhibit 5B

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 26–Retail License Managers Buy Form

Exhibit 5C

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 15F–Farmer’s Market Permit Buy Form

Exhibit 5D

- ABCC Advisory Regarding On-Premises Licensees Permanently Selling Mixed Drinks for Off-Premises Consumption Buy Form

Exhibit 5E

- New Law Permits Farmer Distillers to Obtain Salesman Permits Buy Form

Exhibit 5F

- ABCC Advisory Regarding Food and Beverages Containing Hemp Derived CBD and/or THC on Licensed Premises Buy Form

Exhibit 5G

- ABCC “Electronic Signature” Guide Buy Form

Exhibit 5H

- ABCC Advisory Regarding Changes to M.G.L. c. 138, § 34B–Forms of Identifications Which Licensees May Reasonably Rely On Buy Form

Chapter 06 expand

Updates to the Application Process and Practical Pointers for Success at the Local and State Level

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Jon D. Aieta, Esq., McDermott, Quilty, Miller & Hanley, LLP
Stephen V. Miller, Esq., McDermott, Quilty, Miller & Hanley, LLP

Checklist 6.1

- Topics for an Initial Client Meeting in an Alcoholic Beverages Licensing Matter Buy Form

Chapter 07 expand

Appeal

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Brian M. Haney, Esq., Casner & Edwards LLP

Exhibit 7A

- Short Form Petition on Appeal Buy Form

Exhibit 7B

- Sample Complaint Buy Form

Exhibit 7C

- Memorandum in Support of Motion Buy Form

Exhibit 7D

- Appeal of Entertainment Licensing Decision Buy Form

Chapter 08 expand

Practical Questions and Private Issues at the Massachusetts Alcoholic Beverages Control Commission

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Kyle E. Gill, Esq., Alcoholic Beverages Control Commission, Commonwealth of Massachusetts

Exhibit 8A

- Decisions and Orders Regarding TVPs Buy Form

Exhibit 8B

- Decisions Regarding Dual Conditions Buy Form

Exhibit 8C

- ABCC Decision (BonCaldo Inc.) Regarding Service to an Intoxicated Person Buy Form

Exhibit 8D

- ABCC Decision (Braintree Brew House, LLC) Regarding Service to an Intoxicated Person Buy Form

Exhibit 8E

- ABCC Decision (Peregrine Endeavors, Inc.) Regarding Service to an Underaged Person Buy Form

Exhibit 8F

- ABCC Decision (Monkey Business Inc.) Regarding Possession of Alcoholic Beverage by Underaged Person Buy Form

Exhibit 8G

- ABCC Decision (Tanzila Inc.) Regarding Reasonable Reliance Pursuant to G.L. c. 138 § 34B Buy Form

Exhibit 8H

- Superior Court Decision (RK&E Corp.) Regarding Illegality on Premises Buy Form

Exhibit 8I

- ABCC Decision (Hong Kong Eastern Pearl Enterprise Inc.) Regarding Stings and Entrapment Buy Form

Exhibit 8J

- ABCC Decision (AHPP LLC) Regarding Subsequent Offenses Buy Form

Exhibit 8K

- ABCC Decision (Fannie’s Place Inc.) Regarding Control over Premises; Service of More than Two Drinks to Patron; Rollback of Hours; Reasonableness of Penalty Buy Form

Exhibit 8L

- ABCC Decision (RWJ Beverage (MA) LLC) Regarding Denial of License by Local Board Buy Form

Exhibit 8M

- ABCC Decision (Tavern Management Corp.) Regarding Cancellation of License for Non-Use Buy Form

Exhibit 8N

- ABCC Decision (Sajjan Enterprises LLC) Regarding Failure to Automatically Renew; Cancellation of License for Non-Use Buy Form

Exhibit 8O

- ABCC Decision (EZ Mart Foods Corp. of MA, Inc.) Regarding Denial of License by LLA Buy Form

Exhibit 8P

- Superior Court Decision (Arslan, Inc.) Regarding Automatic License Renewal Buy Form

Exhibit 8Q

- ABCC Decision (Local Vines & Gourmet, LLC) Regarding Right to Hearing at Local Board Buy Form

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