Product Description

Recent updates:

• Update: July 2022

  Dear Subscriber:

  Thank you for updating your reference library with the 2022 edition of Alcohol, Food Service, and Entertainment Licensing —for fast, accurate, and practical answers to your questions regarding licensing practice in Massachusetts.

  Updated guidance has been incorporated throughout the 2022 edition, on subjects such as

  • a recent Alcoholic Beverages Control Commission (ABCC) advisory on outdoor alcoholic beverage service areas;

  • new descriptions of contract brewing and alternating proprietorships;

  • current procedures for obtaining licenses from the ABCC and local licensing authorities (LLAs), including the use of exemption request forms in connection with ABCC applications;

  • land use regulation and its effect on entertainment businesses, as discussed in a new subsection of the book addressing the impact of the First Amendment on local efforts to restrict adult entertainment and other disfavored activities through zoning ordinances and the permitting process;

  • the use of publicly available sources to confirm client-submitted information for the application process;

  • new ABCC application forms for disclosing the terms of any applicable management agreements;

  • an extensively revised discussion of actions by groups of twenty-five taxpayers or voters (TVPs) challenging LLA licensing decisions;

  • an updated list of forty-nine tips for parties navigating the licensing process; and

  • a revised collection of illustrative ABCC and Superior Court decisions on a wide range of topics, including TVPs, dual conditions, improper service of alcohol, stings and entrapment, illegal activities on the premises, management agreements, penalties, and licensing denials, cancellations, and renewals.

  We trust that you will find this edition of Alcohol, Food Service, and Entertainment Licensing an invaluable resource for your practice.

  Cordially,

  John M. Lawlor, MCLE Publications Attorney

Table of Contents

Chapter 1 expand

The Authoritative Framework for Alcoholic Beverage Licensing

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

Exhibit 1A

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

Chapter 2 expand

License Acquisitions

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

Chapter 3 expand

Licensing at the Local Level

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Marci Costa, Esq.,
Stephen V. Miller, Esq., McDermott, Quilty & Miller LLP

Chapter 4 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 5 expand

The License Application Procedure

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Michael E. Brangwynne, Esq., Fletcher Tilton, PC
Adam Chin Ponte, Esq., Fletcher Tilton, PC

Chapter 6 expand

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

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Marci Costa, Esq.,
Stephen V. Miller, Esq., McDermott, Quilty & Miller LLP

Checklist 6.1

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

Chapter 7 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 8 expand

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

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Kris C. Foster, 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

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

Exhibit 8G

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

Exhibit 8H

- 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 8I

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

Exhibit 8J

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

Exhibit 8K

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

Exhibit 8L

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

Exhibit 8M

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

Exhibit 8N

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

Exhibit 8O

- ABCC Decision (WCM (BOS) LLC) Regarding Management Agreements Buy Form

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