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Alcohol, Food Service and Entertainment Licensing

A must-have for lawyers who represent and counsel businesses in the hospitality industry including: restaurants, hotels, nightclubs and other social establishments

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  • Product Number: 2170513B03
  • Publication Date: 5/12/2017
  • Edition: 3rd Edition 2017
  • Copyright: © 2017 MCLE, Inc.
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    Product Description

    Responsibility for licensing the sale and distribution of alcoholic beverages is a shared power, although not equally shared, between the local (municipal) licensing authority, the state and federal authorities. A working knowledge of the legislative background for licensing—combined with practical knowledge of how to navigate the application and hearing process and how to maximize your client's business opportunities through licensing—is absolutely critical to providing representation to applicants at every level and at every stage of licensing.

    This must-have reference guide provides specific pointers you'll need when presenting your client's liquor or entertainment licensing case. Written by the leading experts in the field who have collectively represented thousands of Massachusetts establishments, it offers step-by-step direction on the statutory requirements, authoritative framework, and application process for licensing in the Commonwealth of Massachusetts. You'll learn how to represent your client successfully at the local level, how to get the application in motion and see it through to an advantageous conclusion, and you'll learn tips and insights into the granting, transfer, renewal, modification, suspension, revocation, and cancellation of licenses.

    Recent updates:

    • Update: May 2017

      Dear Subscriber:

      Thank you for choosing to stay up-to-date with this 2017 edition of Alcohol, Food Service, and Entertainment Licensing. Inside, you will find updated information on topics including the following:

      • The City of Boston—See Chapter 1 for information on the Boston city councilors introduced proposed legislation to grant the Boston Licensing Board the ability to grant additional liquor licenses over the course of three years, commencing in 2017 and ending in 2019.
      • Off-Premises Package Stores—See Chapter 1 for commentary on changes made in August 2016, regarding G.L. c. 140 licensed premises and G.L. c. 138, § 12 licenses.
      • On-Premises Licensing—See Chapter for information on limitations on the ability to sell alcohol for on-premises consumption, and a note about licenses to sell wine for consumption on winery premises.
      • Financial Obligations to the Commonwealth—See Chapter 2 for a note about the LLA summary as a replacement for Form 43.
      • Licenses as Business Assets—See Chapter 2 for information about tax release checks.
      • Initiating the Process Before the Local Licensing Authority—See Chapter 3 for practical tips on the August 2016 update to application forms online, and new requirements.
      • E-Licensing—See Chapter 6 for new requirements and procedures.

      We at MCLE trust that you will find this material useful in your practice and valuable in keeping your business library up to date.

      Cordially,

      Maryanne G. Jensen, Esq., MCLE Director of Publications

  • Table of Contents

    Table of Contents

    expand all
    Chapter 1 expand

    The Authoritative Framework for Alcoholic Beverage Licensing

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    Exhibit 1A

    - G.L. c. 138, § 11: Questions to Be Placed on Ballot at Biennial State Election Buy Form
    Chapter 3 expand

    Licensing at the Local Level

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    Chapter 4 expand

    Exhibit 4A

    - City of Boston Forms and Applications Buy Form

    Exhibit 4B

    - Rules and Regulations of the Mayor’s Licensing Division Buy Form

    Exhibit 4C

    - Safety Guidelines for Licensed Premises Buy Form

    Exhibit 4D

    - Memorandum of Decision and Order for Judgment for Order in James Associates, Inc. d/b/a Boston Beer Garden v. The Mayor’s Office of Consumer Affairs and Licensing (1998) Buy Form
    Chapter 6 expand

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

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    Chapter 7 expand

    Appeal

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    Brian M. Haney, Esq., Sweder & Ross 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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    William A. Kelley, Jr., Esq., Considine & Furey LLP

    Exhibit 8A

    - Sample Decisions, Memoranda, and Orders Buy Form
  • Editors & Authors