Massachusetts Alcoholic Beverage Licensing Blog

The House of Representatives has advanced a bill that would allow package stores to open the day after Christmas - a measure that would remove one of the last remaining Colonial-era blue laws restricting alcohol sales.

Current state law requires package stores to close Monday when Christmas falls on a Sunday, which means package stores this year will need to stay closed for two consecutive days.

"This is one of the quirks in the blue laws we never fixed," said Jon Hurst, president of the Retailers Association of Massachusetts, as quoted by the Patriot Ledger.

Hurst said he hopes to see the bill pass the House and the Senate and be placed on Gov. Deval Patrick's desk soon to give stores ample opportunity to schedule employee shifts and advertise to customers that they will be open Dec. 26.

Stores are still required to be closed Christmas Day, but package stores were left out of the equation in 2005 when the Legislature clarified state laws to make clear that most retail establishments are allowed to open the day after Christmas when the holiday falls on a Sunday.

The once-restrictive Sunday and holiday retail laws in Massachusetts have taken nearly two decades to unravel starting in 1994, when voters approved a ballot question that allowed retail stores for the first time to open on Sundays throughout the year.

Package stores first earned the right to open on Sundays in 2003 when the Legislature voted to allow cities and towns to grant licenses for Sunday alcohol sales.

"There's no real reason why they shouldn't be selling alcohol on the day after Christmas," said Rep. Colleen Garry, D-Dracut, who sponsored the bill, as quoted by the Patriot Ledger. "There's nothing legitimate about it except that it's an old blue law, and this will put stores on a level playing field with surrounding communities in other states."

After alcohol industry insiders struck a deal to permit supermarkets and other large retailers to gradually acquire more alcoholic beverage licenses, their proposal sailed through the Legislature this month and Gov. Deval Patrick agreed to it this week, signing the new legislation.

Under the new law, sponsored by Sen. Michael Rodrigues, D-Westport, the cap on licenses per corporation would be lifted from three to five in 2012, up to seven in 2016, and to nine in 2020. The bill also would assess applicants $5,000 for every license in they obtain in excess of three. This enables supermarkets and liquor stores to increase the number of licenses that each company can hold.

In 2006, Massachusetts voters by a 53-41 margin rejected a ballot question permitting sales of wine at food stores. That question divided the electorate, drawing opposition from package stores and others fearful of increased underage drinking and increased drunk driving.

But the latest proposal spurred no debate or controversy on Beacon Hill. John Stasiowski, president of the Beer Distributors of Massachusetts, which opposed the 2006 ballot question, told the News Service in October that the bill does not create a new category of licenses, stays within the existing quota system and preserves the authority of local officials to approve licenses.

Rodrigues says the idea is to give consumers for buying alcoholic beverages.

"Consumers want choice and consumer want convenience," he said last
month. "In most states beer and wine are available anywhere, anyplace."

A Wellesley Special Town Meeting approved an article that moves the town closer to reducing the number of seats required by a restaurant to apply for a liquor license, as reported by boston.com and local Wellesley media.

Because this item was approved, the Board of Selectmen will now petition the state legislature to write special legislation which will authorize the board to grant special alcohol service licenses to restaurants with between 50 to 99 seats, according to the Advisory Committee's reports to Special Town Meeting.

Currently, a Wellesley restaurant must have 100 seats to qualify for a license to serve any alcohol.

There are now 12 licenses issued to restaurants and six to colleges and social clubs in town, which are each "all-alcohol" licenses. The state has capped the number of total possible liquor licenses for Wellesley at 29 all-alcohol and 12 wine and malt beverages (beer), according to the Virginia Ferko, chair of the Advisory Committee.

Selectman Katherine Babson said the board anticipates that it will only issue beer and wine licenses to restaurants with between 50 and 99 seats, despite the ability to dispense all-alcohol licenses.

According to Advisory Committee reports, the state legislature could act upon a petition as early as January or February of next year. Babson said this item will then likely take shape as a town ballot question during the spring election.

Babson said assuming the state signs off and the town votes to accept this change next year, the board will consider further changes to alcohol regulations after a sufficient public input process.

A proposal to allow bars and restaurants in Massachusetts to sell discounted drinks is on hold, according to its two backers.

Senators James Timilty (D-Walpole) and Robert Hedlund (R-Weymouth), who sponsored the so-called "Happy Hour" amendment, told the State House News Service they are recommending a conference committee spend the next year evaluating current alcohol regulations.

The amendment, passed in October, was attached to the bill that would legalize casinos in Massachusetts.

Critics, including Ron Bersani, claim bringing back "Happy Hours" would encourage drunken driving. Bersani, whose granddaughter was killed by a drunken driver, said the change would widen the availability of alcohol.

Bill supporters disagree. "I'm not so sure having promotional drinks or free drinks is any major inducement to drunk driving," said Sen. Stephen Brewer (D-Barre), chairman of the Ways and Means committee.

Sens. Timility and Hedlund say the original ban on drink discounts, enacted in 1984, did not cause any measurable change in the number of drunken driving-related crashes in Massachusetts.

The Senate has approved and sent to the House a bill that would allow supermarkets and other large retailers to hold more alcoholic beverage licenses. The proposal increases the current cap of three to five in 2012, seven in 2016 and nine in 2020. The measure also would require stores to pay a $5,000 fee for every license they receive above three.

The bill is considered a compromise between opposing sides of a possible 2012 ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. The ballot question is being pushed by the grocery store lobby, and opposed by the liquor store lobby.

In 2006, voters rejected by a 53-41 margin a similar ballot question that would allow local cities and towns to permit grocery stores to sell beer and wine. Proponents had argued that 34 other states allow this and argued it would end a monopoly and save consumers millions of dollars by fostering more competition. Opponents said the measure would increase underage teens' access to liquor and lead to a hike in drinking-related problems and drunken driving accidents and deaths.

WWLP.com reports that Senator Robert Hedlund, a Republican from Hingham, is backing away from his Senate-passed casino amendment that proposes to return Happy Hour to Massachusetts. Instead, he's suggesting that the Alcoholic Beverages Control Commission review its regulations on bars and restaurants and propose revisions.

Hedlund said the six-member casino bill conference committee tasked with consolidating the House and Senate versions of the expanded gaming bill can certainly make changes to his amendment.

The Hingham Republican's change of tone comes after facing criticism from the public for supporting stronger drunk driving penalties and also discounted drinks in bars and restaurants.

Hedlund says that a Happy Hour will not increase drunk driving statistics and it will help bars and restaurants compete with casinos. But he realizes his amendment is unpopular. Hedlund said the intent of his amendment is to help businesses attract customers and create jobs, and he's willing to try an alternative approach to achieve that end.

Interesting article in the Patriot Ledger about casinos, happy-hour laws, and whether the return of happy hour will have an impact on drunk driving.

The Massachusetts State Senate has included an amendment in their version of the casino bill allowing local bars and restaurants to once again have a "Happy Hour."

The amendment included in the State Senate's version of the Massachusetts expanded gambling bill would bring back "Happy Hour" in the Commonwealth, which has been banned since 1984, in part because of a desire to stem drunk driving incidents.

Currently, Massachusetts law forbids businesses from offering any free or discounted alcoholic beverages.

The new amendment is an attempt for legislators to give local restaurants and bars the same ability that casinos would have in order to compete.

The Massachusetts House of Representatives voted in favor of a casino gambling bill, passing it 132-32 on Sept. 14. The Senate passed their version of the bill 24-14.

But, even though the State Senate passed the bill, the Restaurant Equality Amendment (Happy Hour amendment) will be up for discussion when the Senate bill is reconciled with the House version. Then, Governor Deval Patrick would have to sign the bill into law.

Paul McMorrow had an interesting op-ed piece in Sunday's Globe opposing the amendment.

A Boston Magazine blog was in favor of the bill.

The Boston Globe reports that industry groups have struck a compromise to allow more grocery and package stores to sell alcohol.

I think this is wise. Currently, stores like Whole Foods or Trader Joe's, as well as liquor stores owned by the same company or person, can only sell alcohol at three locations across the entire state.

Under the agreement, the statewide cap on the number of liquor licenses store companies and individuals can own would gradually increase so that they can sell alcohol at more locations. The limit for these "off-premises" licenses, now three per company, would climb to five next year, to seven in 2016, and nine in 2020. Permits would require local approval.

A revised bill reflecting the new agreement was voted out of committee on Thursday, and could come before the full Legislature as soon as next week.

After a campaign over a 2006 ballot measure to allow more food stores to sell wine, supermarkets and liquor stores, along with beer and wine distributors, were reluctant to renew the battle, the Globe reported.

"It was a real motivator," said Jon Hurst, president of the state's retailers association. "It's a good compromise. I give both sides a lot of credit."

The 2006 ballot question was among the costliest in state history, with corporate interests spending more than $11.5 million spent to sway voters.

The measure, which was defeated 56 percent to 44 percent, would have allowed cities and towns to issue new licenses to grocery stores, and allowed them to hold an unlimited number.

The current legislation, however, works within the established quota system.

"It doesn't change the overall number of licenses, just the number you can hold," he said.

The raised cap on licenses would also give package stores more opportunity to grow, and increase the value of their current license should they decide to sell.

Critics have also raised concerns that teenagers will find it easier to buy alcohol from supermarkets than smaller liquor stores. Supporters say that with increased competition, customers will save money and enjoy increased convenience from one-stop shopping.

Good article in southcoasttoday about fake ID's going "high-tech," and the difficulty law enforcement and local business owners have in discerning which ID's are fake. Businesses may want to consider buying a machine that can read the license and help determine whether it is legitimate.

Faced with the realization that Brookline is running out of liquor licenses, an advisory committee is recommending that the town either ask the state for more, or abolish the quota system altogether, the Brookline Tab is reporting.

The Board of Selectmen appointed the license review committee a year ago to address the shortage of available licenses as well as update the town's current 20-year-old laws regarding how beer, wine and liquor can be served in restaurants. The town does not license any establishments to serve alcohol without food.

Under the rules set up by the state's Alcoholic Beverage Control Commission, Brookline is now allowed 63 full and 12 beer and wine only licenses - about one per 1,000 residents. The latest Census earned the city one additional full license.

The Tab reports that town officials are worried that if they run out of licenses, there will be delays in opening new restaurants. Also, if no licenses are available from the town, the existing licenses will become a valuable commodity to be bought and sold between restaurants.

West Tisbury diners on Martha's Vineyard could soon be sipping beer and wine in a popular vacation spot that has long banned the sale of alcohol. Residents of West Tisbury, a "dry'' island community on Martha's Vineyard, hope to decide at Town Meeting if restaurants there will be permitted to serve beer and wine with meals. The proposed ballot question would allow restaurants to serve it only to patrons dining at the establishment. Businesses in the town would still be prohibited from serving liquor.

The Legislature's State Administration and Regulatory Oversight Committee plans to vote to approve the ballot question at a hearing in Boston this week.

The number of liquor licenses available for Braintree businesses has climbed from 56 to 61 because the most recent federal census showed the town increased its population by nearly 2,000 residents, to 35,744.

Town Solicitor Carolyn Murray has also outlined the mayor's proposal to add six more alcohol licenses for areas of town targeted for revitalization - Weymouth Landing, Braintree Square and South Braintree Square.

Not since 1980 has the town's allotment of alcohol licenses increased; in 1990 and 2000 the number actually shrank because of a diminishing population. The state's adjustment is being applied to every applicable city and town, and for Braintree it means an additional three all-alcohol licenses and two wine and beer licenses.

The town now has a total of 37 all-alcohol licenses for on-premise consumption, up from 35, plus eight all-alcohol for off-premise consumption, eight wine and malt for on-premise and eight wine and malt for off-premise. Those numbers do not include veterans clubs or any special legislation, such as the home rule petition Mayor Joseph Sullivan plans to file with the Town Council.

Starting on June 1, some bars, nightclubs, and discos will be required to follow a new state fire safety regulation, 527 CMR 10.13, which requires any operator of a bar, night club, discotheque or dance hall that holds more than 100 people to designate what will be known as "crowd managers," or individuals that are required to ensure access to fire exits during all hours of operation.

The new regulation stems from the lack of proper internal oversight during the 2003 fire at the Station nightclub in West Warwick, Rhode Island.

In addition to ensuring access to fire exits while a facility is being used, crowd managers must also be aware of the maximum amount of people allowed within a building under local fire codes, take control of building evacuation plans, as well as check fire alarms, smoke detectors and sprinkler systems within the building on a daily basis.

The regulation does not apply to any facilities with fixed seating capacities, such as theaters.

The Dedham Board of Selectmen has approved liquor license brunch provisions for Kings' Bowling and the Dedham Country and Polo Club. The provision, passed by Massachusetts voters in November 2010, gives restaurants permission to start serving alcohol at 10 a.m. on Sunday if they receive approval from local government. The Dedham Country and Polo Club told selectmen that they plan on serving beginning at 11:30 a.m.