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

Introduction of Evidence—An Overview

Buy Chapter

Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 1.1

- Checklist of Considerations for Presenting Exhibits at Trial Buy Form

Chapter 02 expand

Presumptions and Facts Established Without Formal Proof

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Miriam Weizenbaum, Esq., DeLuca, Weizenbaum, Barry & Revens, Ltd

Checklist 2.1

- Checklist for Determining Admissibility of a Party Opponent’s Statement Buy Form

Checklist 2.2

- Lerner Five-Part Test to Determine Admissibility of Statement as an Adoptive Admission Buy Form

Checklist 2.3

- Checklist for Admissibility of Confession Buy Form

Checklist 2.4

- Checklist of Foundations for a Judicial Admission Buy Form

Chapter 03 expand

Evidentiary Exclusions and Limitations

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Kathleen M. Daniels, Esq., DeSisto Law Offices
Marc DeSisto, Esq., DeSisto Law Offices

Checklist 3.1

- Checklist for Making an Offer of Proof Buy Form

Chapter 04 expand

Witness Competency and Qualifications

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Miriam Weizenbaum, Esq., DeLuca, Weizenbaum, Barry & Revens, Ltd

Checklist 4.1

- Checklist for Determining the Competency of a Child Witness Buy Form

Checklist 4.2

- Checklist for Admissibility of Lay Witness Opinion Testimony Buy Form

Checklist 4.3

- Checklist for Admission of Expert Opinion Testimony Buy Form

Chapter 05 expand

Witness Corroboration and Support

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Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 5.1

- Checklist for Admission of Habit or Routine Practice Buy Form

Checklist 5.2

- Checklist for the Admission of Unavailable Witness Testimony Buy Form

Checklist 5.3

- Checklist for the Admission of Witness’s Reputation Buy Form

Checklist 5.4

- Checklist for the Admission of Witness’s Prior Consistent Statement Buy Form

Checklist 5.5

- Checklist for Using a Writing to Refresh Witness’s Memory Buy Form

Chapter 06 expand

Identification

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Stacey Veroni, US Attorney's Office

Checklist 6.1

- Checklist for Reliability of Suggestive Identification Procedure Buy Form

Checklist 6.2

- Checklist for Suggested Jury Considerations in Identification Case Buy Form

Chapter 07 expand

Reputation Evidence

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Kathleen M. Daniels, Esq., DeSisto Law Offices
Marc DeSisto, Esq., DeSisto Law Offices

Checklist 7.1

- Checklist for the Admission of Reputation or Opinion Evidence (Specific Parties) Buy Form

Chapter 08 expand

Impeachment

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Lise Jill Gescheidt, Esq.,
John A. MacFadyen, III, Esq.,

Checklist 8.1

- Checklist for Introducing a Prior Inconsistent Statement Buy Form

Checklist 8.2

- Checklist for Admission of Reputation Evidence Buy Form

Checklist 8.3

- Checklist for Impeachment by Evidence of Criminal Conviction Buy Form

Checklist 8.4

- Checklist for Impeaching a Witness with Evidence of Prior Bad Acts or Crimes Buy Form

Chapter 09 expand

Prior Consistent Statements

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Teresa Giusti, Esq., Rhode Island Ethics Commission
Matthew T. Oliverio, Esq., Oliverio & Marcaccio LLP

Checklist 9.1

- Checklist for Rehabilitating a Witness with Prior Consistent Statement Buy Form

Chapter 10 expand

Battered Woman Syndrome (Intimate Partner Violence Syndrome) and Child Sexual Abuse Syndrome

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Teresa Giusti, Esq., Rhode Island Ethics Commission
Matthew T. Oliverio, Esq., Oliverio & Marcaccio LLP

Checklist 10.1

- Checklist for Evidence Useful to Establish Battered Woman (Intimate Partner Violence) Syndrome (BWS/IPV) Buy Form

Chapter 11 expand

Privilege and Disqualification

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Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 11.1

- Checklist for Invoking the Attorney-Client Privilege to Shield a Communication from Disclosure Buy Form

Checklist 11.2

- Checklist for Shielding a Government Informant’s Identity from the Defense Buy Form

Chapter 12 expand

Hearsay Exceptions Involving State of Mind

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Zoe K. Cooper Thomas, Esq.,
Lauren E. Jones, Esq., Jones Associates

Checklist 12.1

- Checklist for Admission of a Statement Against Interest Buy Form

Checklist 12.2

- Checklist for Admission of Statement of a Deceased Person Buy Form

Chapter 13 expand

Documentary Evidence

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Alexandra G. Lancey, Esq.,
Matthew Murphy, Esq.,
Samantha M. Vasques, Esq., Mead, Talerman & Costa, LLC

Checklist 13.1

- Checklist for Admission of a Document Under Best Evidence Rule Buy Form

Chapter 14 expand

Demonstrative Evidence

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Nicholas T. Hunt, Esq., McIntyre Tate LLP
Stephen M. Prignano, Esq., McIntyre Tate LLP

Checklist 14.1

- Checklist for Admission of Breathalyzer Test Results Buy Form

Checklist 14.2

- Checklist for Admission of Ballistics Evidence Buy Form

Checklist 14.3

- Checklist for Admission of Models into Evidence Buy Form

Checklist 14.4

- Checklist for Admission of Wiretap Recording Evidence Buy Form

Checklist 14.5

- Checklist for Authority to Intercept Wire/Electronic Communications Buy Form

Checklist 14.6

- Checklist for Admission of Computer Simulation Evidence Buy Form

Chapter 15 expand

Fingerprints

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Stacey Veroni, US Attorney's Office

Checklist 15.1

- Checklist for the Admission of Fingerprint Evidence Buy Form

Chapter 16 expand

Genetic Testing

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Stacey Veroni, US Attorney's Office

Checklist 16.1

- Checklist to Obtain Postconviction DNA Testing Under R.I.G.L. § 10-9.1-12 Buy Form

Chapter 17 expand

Handwriting

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Stacey Veroni, US Attorney's Office

Checklist 17.1

- Checklist of Methods to Introduce Handwriting Identification Evidence Buy Form

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