How To Get A Moonshine Permit In Massachusetts? - [Solution] Información de la cerveza

1/1/2015 last updated

Massachusetts not only allows residents of the state to own a still, but residents are allowed to distill spirits for their own personal use. It is still illegal to manufacture and sell moonshine, but as long as it is not for sale, it is legal in the state, though as always it is still federally illegal.

And because it is legal to own a still it is also legal to use your still for making essential oils, vinegar, distilling water, etc.
ALCOHOLIC BEVERAGES CONTROL COMMISSION FAQ 2.When does an individual need a license? State law prohibits sale, storage, transportation, importing, exporting, manufacturing with the intent to sell, keeping for sale and exposing for salewithout a license.

If any individual conducts such activities without a license they are in violation of Chapter 138 “The Liquor Control Act” andwill be prosecuted criminally. (Note: That a specific state law states the DELIVERY OF ALCOHOLIC BEVERAGES in or from any placethat is not a private dwelling house is presumed to be a sale.) Section 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures Section 56.

A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter.

Such officers shall enforce or cause to be enforced the penalties provided by law against every person who is guilty of a violation of this chapter of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose.

Massachusetts ABCC website Massachusetts No license appears to be required if you are making ethanol fuel for personal use.
But naturally if you will be reselling it you will need a distillery license.
Massachusetts offers a wide range of licenses available for distilleries and plenty of information that someone starting a distillery in their state would need.

The fees range from $22.00 per year for up to 5,000 proof gallons up to $110 per 1 million gallons. A Liquor excise tax surety bond of $3,000 up to $6,000 is required regardless of the type of license you use. Licenses and forms There are several licenses you need to request to legally manufacture spirits.

Below are the federal licenses only. Additional state requirements will need to be followed as well. You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit, This license only allows you to produce spirits. You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

Moonshine being transported seems to be a grey area and should be avoided. From the wording of the regulations moonshine is legal on your own property, but once it leaves your property it is illegal. This may mean that transporting spirits may be illegal since it could be considered an attempt to sell.

Section 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures Section 56.
A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter.

Contents

1 Do you need a license to serve alcohol in Massachusetts?
2 Do you need a certification to serve alcohol in the US?
- - 2.0.1 Can you make moonshine legally in the US?
- 2.1 What percent alcohol is homemade moonshine?
3 Can you make moonshine legally in Massachusetts?
4 Is moonshine illegal in Massachusetts?
5 Why is Massachusetts so strict with alcohol?
- - 5.0.1 How much is a liquor ID in MA?
6 How much does it cost to get a liquor license up?
7 Do you need a license to bartend in Massachusetts?
- - 7.0.1 What is the alcohol rule in Massachusetts?
8 Can you drink alcohol in a parked car in Massachusetts?
- 8.1 What are the blue laws in Massachusetts?
  - 8.1.1 How much does a liquor Licence cost in USA?
9 How do I get a liquor license in USA?

Do you need a license to serve alcohol in Massachusetts?

Generally, an individual applying for a ‘pouring license’ under § 12 must be a citizen of the United States and 21 years of age or older. A partnership may hold such a liquor license where each partner is a citizen of the United States and 21 years of age or older.

Can you make your own liquor in Massachusetts?

“Legal” Moonshining – In contrast to Florida, some state’s home distilling laws allow “legal” moonshining, even though it’s considered illegal federally. Those states include Alaska, Arizona, Maine, Massachusetts, Michigan, Missouri, Ohio, and Rhode Island.

How long does it take to get a liquor license in Massachusetts?

The Massachusetts liquor license process typically takes between 30 and 120 days, but if there are issues that come up throughout the process, it can go up to 175 days or longer.

Who can serve alcohol in Massachusetts?

Available Data

Jurisdiction	Postal Code	Minimum Age To Bartend
Beer
Maine	ME	17
Maryland	MD	18
Massachusetts	MA	18

Do you need a certification to serve alcohol in the US?

Yes. All alcohol servers and managers of alcohol servers are required to complete ABC’s RBS three-step certification process. You must register in the RBS Portal, take training from an authorized RBS training provider, and pass your ABC Alcohol Server Certification Exam within 30 days of your confirmed training.

Can you make moonshine legally in the US?

Home Distilling While individuals of legal drinking age may produce wine or beer at home for personal or family use, Federal law strictly prohibits individuals from producing distilled spirits at home (see 26 United States Code (U.S.C.) 5042(a)(2) and 5053(e)).

Within title 26 of the United States Code, section 5601 sets out criminal penalties for activities including the following. Offenses under this section are felonies that are punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

5601(a)(1) – Possession of an unregistered still.
5601(a)(2) – Engaging in business as a distiller without filing an application and receiving notice of registration.
5601(a)(6) – Distilling on a prohibited premises. (Under 26 U.S.C.5178(a)(1)(B), a distilled spirits plant may not be located in a residence or in sheds, yards, or enclosures connected to a residence.)
5601(a)(7) – Unlawful production or use of material fit for production of distilled spirits.
5601(a)(8) – Unlawful production of distilled spirits.
5601(a)(11) – Purchase, receipt, and/or processing of distilled spirits when the person who does so knows or has reasonable grounds to believe that Federal excise tax has not been paid on the spirits.
5601(a)(12) – Removal or concealment of distilled spirits on which tax has not been paid.

Under 26 U.S.C.5602, engaging in business as a distiller with intent to defraud the United States of tax is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both. Under 26 U.S.C.5604(a)(1), transporting, possessing, buying, selling, or transferring any distilled spirit unless the container bears the closure required by 26 U.S.C.5301(d) (i.e., a closure that must be broken in order to open the container) is a felony punishable by up to 5 years in prison, a fine of up to $10,000, or both, for each offense.

Under 26 U.S.C.5613, all distilled spirits not closed, marked, and branded as required by law and the TTB regulations shall be forfeited to the United States. In addition, 26 U.S.C.5615(1) provides that unregistered stills and/or distilling apparatus also will be forfeited. Under 26 U.S.C.5615(3), whenever any person carries on the business of a distiller without having given the required bond or with the intent to defraud the United States of tax on distilled spirits, the personal property of that person located in the distillery, and that person’s interest in the tract of land on which the still is located, shall be forfeited to the United States.

Under 26 U.S.C.5686, possessing liquor or property intended to be used in violation of the law is a misdemeanor punishable by up to 1 year in prison, a fine of up to $5,000, or both. Such liquor and property is also subject to the seizure and forfeiture provisions in 26 U.S.C.5688.

Under 26 U.S.C.7201, any person who willfully attempts to evade or defeat any Internal Revenue Code tax (including the tax on distilled spirits) has committed a felony and shall be fined up to $100,000, imprisoned for up to 5 years, or both, plus the cost of prosecution. Under 26 U.S.C.7301, any property subject to tax, or raw materials and/or equipment for the production of such property, in the possession of any person for the purpose of being sold or removed in violation of the internal revenue laws may be seized and shall be forfeited to the United States.

In addition, any property (including aircraft, vehicles, and vessels) used to transport or used as a container for such property or materials may be seized and shall be forfeited to the United States. Further, 26 U.S.C.7302 adds that it is unlawful to possess any property intended for use, or which has been used, in violation of the internal revenue laws; no property rights shall exist in any such property.

What percent alcohol is homemade moonshine?

Typically, moonshine has an ABV of 40%. However, the ABV of moonshine can be even higher, reaching levels of anywhere from 60%-80%! When it comes to alcohol levels in a spirit, the distilling process is the defining factor.

Can you make moonshine legally in Massachusetts?

1/1/2015 last updated

And because it is legal to own a still it is also legal to use your still for making essential oils, vinegar, distilling water, etc. ALCOHOLIC BEVERAGES CONTROL COMMISSION FAQ 2.When does an individual need a license? State law prohibits sale, storage, transportation, importing, exporting, manufacturing with the intent to sell, keeping for sale and exposing for salewithout a license.

You might be interested: How Long Until Moonshine Wash Goes Bad?

Massachusetts ABCC website Massachusetts No license appears to be required if you are making ethanol fuel for personal use.
But naturally if you will be reselling it you will need a distillery license.
Massachusetts offers a wide range of licenses available for distilleries and plenty of information that someone starting a distillery in their state would need.

Below are the federal licenses only.
Additional state requirements will need to be followed as well.
You must submit a request for a license to manufacture spirits: TTB 5110.41 Basic permit,
This license only allows you to produce spirits.
You also need a license for the distilling equipment / distillery: TTB 5100.24 Distilled spirit plant For manufacturing ethanol fuel you will need to submit a request for a TTB 5110.74 for a federal license,

Section 56 Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures Section 56.
A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter.

Is moonshine illegal in Massachusetts?

States That Allow Home Distilling – Alabama: In Alabama there are ‘dry counties’ in which it is illegal to own a still no matter what you plan to do with it. There are also ‘wet’ counties where you can own a still if you do not plan to make spirits with it.

(1) 200 gallons per calendar year if there are two or more adults residing in the household, or (2) 100 gallons per calendar year if there is only one adult residing in the household.

However, the sale or transportation of moonshine remains illegal. Arizona: In Arizona it is legal to own a still if you register it. You can produce spirits for private home use if you have a permit, If you do not register your still it can be seized by the state along with any wash found on the premises.

Arizona also requires you to have a bond which entails keeping detailed records, providing adequate equipment and a separate dwelling in order to produce your shine in. In Arizona is it legal to give away your moonshine to anyone over 21. California : In California, you must register your still by contacting the California Department of Alcoholic Beverage Control.

The state laws in California are a little muddy, whereas your still can be seized even if there is no moonshine present. This seems to be the case for stills that are not registered with the state. Colorado : In Colorado there are no laws prohibiting the possession of a still.

A. A holder of a distillery license may distill, rectify, blend and bottle more than 50,000 gallons of spirits per year. B. A holder of a small distillery license may distill, rectify, blend and bottle not more than 50,000 gallons of spirits per year. (1) The small distillery off-premises license fee is $100. (2) Upon application by a holder of a small distillery license whose distillery has produced spirits in an amount that exceeds 50,000 gallons in one year, the bureau may renew that holder’s small distillery license for only one additional year.

Massachusetts: In Massachusetts you are able to not only own a still, but also produce spirits for personal use. There doesn’t seem to be a limit on the amount produced by an individual. However, the production or transportation of moonshine for the purposes of selling is illegal.

Missouri: In Missouri you can legally own a still and produce up to 200 liters of moonshine per household (if two or more adults are living in the home), While the production of moonshine is legal, the sale of such moonshine is not. The fine for selling moonshine is $10,000 dollars for the first offense, $25,000 for the second, and $50,000 for the third offense.

Ohio: In Ohio it is legal to own a still, but only if what you produce has 0.05% alcohol or lower. This means you can make perfume but not moonshine. It is unclear what the laws are surrounding making ethanol for fuel. Rhode Island: In Rhode Island it is legal to own a still for purposes outside of the manufacturing of spirits.

Why is Massachusetts so strict with alcohol?

Happy hour, drinking games, free beer: what do they have in common? They are all banned under Massachusetts law, Most of the state’s current legislation stems from past alcohol-related incidents. In 1984, then-governor Michael Dukakis signed a bill to outlaw happy hour discounts after a young woman was killed in a drunk driving accident.

The woman was served free pitchers of beer as an award for winning a drinking game at a bar in Boston. Today, the laws are subject to mixed reception from alcohol providers and purchasers. The non-profit Massachusetts Restaurant Association, or MRA, aims to promote success in the food and beverage industry.

Steve Clark, the MRA’s vice president of government affairs, said the organization works with the state government on new regulations and helps its members comply with current laws. “Our members take the responsible service of alcohol very seriously,” Clark said.

Our goal is always public safety — that’s always the first issue.” Marcella Jackson, a fourth-year political science and environmental studies major, said she thinks the state can better address safety concerns by focusing on personal responsibility rather than by banning discounts.
I think they do a fairly reasonable job of balancing underage drinking and keeping the city from getting too rowdy,” Jackson said.

“But with happy hour and last call, I do wish those were a little bit more relaxed.” Although the happy hour ban is often addressed by customers and the media, Clark said, it is not a topic of discussion amongst restaurant owners. “Restaurateurs very rarely talk about happy hour because they understand what the regulations are,” Clark said.

“We’ve had it for years. A lot of times, customers talk about it, but restaurateurs are like ‘You know what? We’re okay with the law. We know what the laws are — we don’t need to discount our alcohol.'” Matthew Pian, the general manager at Conor Larkin’s Grill & Tap, said he doesn’t think happy hour would help business.

“If other restaurants and bars had the ability to discount further,” Pian said, “it could move some of that traffic that we get local to campus.” In addition to facing limitations on what they can do inside bars, customers often find it difficult even getting past the front door.

Since October 2012, six different forms of identification are legally permissible for purchasing alcohol — but out-of-state licenses are not one of them.
It’s at the point now where you can rely on a passport from Sweden, but you can’t ask for a license from Rhode Island,” Clark said.
We’re the only state in the country that has that requirement, and it’s something we’re trying to change.” If a customer turns out to be underage after providing an out-of-state ID at a bar or restaurant, the owner is not protected by Massachusetts law.

Pian said the use of fake IDs has cut down after his restaurant began using a scanner to validate licenses. But when it does happen, he said, they are generally out-of-state IDs. “As long as it goes through the scanner and comes back as a good ID we accept it,” Pian said.

We do prefer a passport or Massachusetts ID, but anything U.S.-issued is our general practice.” In 2017, Massachusetts Treasurer Deborah Goldberg appointed a group of legal professionals to an Alcohol Task Force to propose updates to alcohol regulation in Massachusetts. The Task Force’s report encouraged Goldberg to add out-of-state licenses to the list of protected forms of ID and tighten the restrictions on discounted alcohol sales, in addition to raising alcohol excise taxes.

Alcohol distribution in Massachusetts is regulated by the Alcoholic Beverages Control Commission, or ABCC, an agency operating under the state treasury. Though historically underfunded, according to a statement from Goldberg, the ABCC’s budget is expected to nearly double from 2018 to 2020, which will allow the agency to hire more investigators and combat rising operational costs.

How much is a liquor ID in MA?

Fees

Name	Fee	Unit
Liquor ID Card Fee	$25	each

How much does it cost to get a liquor license up?

In the Excise Policy 2023-24, the license fee of liquor and beer shops has been increased by 10 per cent. – The UP Government on Saturday hiked the license fees for liquor outlets across the State for the next financial year. Due to the provisions made in the excise policy, the prices of country made and premium foreign made liquors along with beer could cost more.

The hike per bottle could be hiked by around Rs 5 to Rs 10.
In the Excise Policy 2023-24, the license fee of liquor and beer shops has been increased by 10 per cent.
The State Government has set a target of collecting revenue of about Rs 45,000 crore from the Excise Department in the next financial year.

You might be interested: How To Do Fruit Mash For Moonshine?

This is Rs 5,000 crore more than the this year. The license fee of model shop has been increased from Rs 2 lakh to Rs 3 lakh. There will also be renewal of licenses of country, foreign liquor, beer, cannabis shops and model shops. The processing fee and renewal fee for its application has also gone up.

Apart from this, the license fee and security of godowns have been increased.
The registration and renewal fees of master warehouses have also gone up.
The license fee of hotels, restaurants and clubs located within the jurisdiction area of Noida, Municipal Corporation area of Lucknow and Ghaziabad and up to five km from its periphery has also been increased.

The Quota (MGQ) of country liquor shops has hiked by 10 per cent. Foreign beer will be costlier as, permit fee increased to Rs 175 per liter. : UP hikes licence fees for liquor outlets

Do you need a license to bartend in Massachusetts?

There’s no legal requirement for a bartender’s license in Massachusetts, but individual cities or counties may. Check with local authorities and potential employers for the most up-to-date information on bartending requirements in Massachusetts.

What is the alcohol rule in Massachusetts?

Sale of alcohol – The sale of alcohol off premises (in a licensed liquor store for spirits other than beer and wine) is allowed from 8 AM to 11 PM Monday through Saturday and 10 AM to 11 PM on Sundays. The sale of alcohol on premises (for all types) is allowed from 8 AM to 2 AM Monday through Saturday and 10 AM to 2 AM on Sundays.

Can you drink alcohol in a parked car in Massachusetts?

Open Container Law – It’s unlawful for a person to possess an open container of an alcoholic beverage in the passenger area of a motor vehicle that’s located:

on any way or place that the public has a right to access, or on any way or place that members of the public have a right to access as invitees or licensees.

Open container. An “open container” is defined as any bottle, can, or receptacle that has been opened, has a broken seal, or has had the contents partially removed or consumed. Passenger area. The “passenger area” is the portion of the vehicle designed for the driver and passengers to sit while the motor vehicle is operating.

What are the blue laws in Massachusetts?

If the solutions were easy, there wouldn’t be problems. Join us as we look at issues facing Great Barrington and discuss the complexities, the competing interests, the less obvious costs or consequences, and the missing information that explains why It’s Not That Simple,

We both serve on elected boards in Great Barrington, but we are not representing those boards or the town.
This column is a companion to the WSBS (860 AM, 94.1 FM) radio show, It’s Not That Simple, on the air every other Friday at 9:05 a.m.
Listen to the podcast here,
An article in The Berkshire Edge last week informed readers that Theory Wellness had agreed to pay $300,000 in back wages because they had failed “to pay the company’s employees premium pay for hours worked on Sundays and covered holidays.” This was not a marijuana-related story, nor an isolated incident.

In March of this year, a grocery store in Boston agreed to pay $183,800 in back wages. Just last May, three grocery stores paid nearly $1 million in back pay. In both cases it was premium pay that was the issue. Premium pay is one of the remnants of Massachusetts’ blue laws, Colonial-era legislation designed to preserve the Sabbath by prohibiting most work and commerce.

Do we still have blue laws? Not according to The New York Times (March 27, 1983), which wrote: “Sunday sales in Massachusetts have been a risky enterprise since 1648, when elders of the Massachusetts Bay Colony declared, ‘Whoever shall prophane the Lord’s Day by doing any servill worke should be fined or whipped.’ “This weekend, the heirs to that Puritan ethos can spend the Sabbath shopping for waterbeds, rock albums, and designer jeans.

The so-called blue laws of Massachusetts are passing the way of the stocks and pillory.” Not so fast. While it is true that, as of 1983, Massachusetts shoppers could buy waterbeds, and presumably leg warmers and Cabbage Patch dolls on Sunday, that was not the end of our blue laws.

Blue laws are alive and well, and sometimes even enforced in Massachusetts. According to Attorney General Maura Healey’s website : “The Massachusetts Blue Laws control hours of operation for certain businesses and require some businesses to pay extra compensation (known as “premium pay”) on Sundays and some legal holidays.

These laws are enforced by the Attorney General’s Office.” It goes on. And on. And on, with links to relevant laws, three categories of holidays, each with different rules, and 55 types of businesses which are exempt from some, but not all blue laws. They can be complicated and obscure, so it is not surprising that some businesses have unintentionally run afoul of them.

What are blue laws? No one really knows where the term comes from.
It has been written so many times that these laws were initially printed on blue paper, that many sources cite this as fact despite a complete lack of evidence.
More colorful theories relate to a 17th century meaning of the word blue as a disparaging description of something or someone prudish.

Another etymology guess involves “bluenose,” a term for a rigidly moral person. Blue laws were around in the 13th century in England and crossed the Atlantic with English settlers. The Virginia Colony enacted the first blue laws here in 1610, based on the biblical commandments to observe the sabbath as a day of rest.

Massachusetts had them when it was a colony and they remained laws as a state.
In addition to prohibiting work and commerce on Sundays, many other “unseemly” activities were also prohibited such as hunting, gambling, drinking, housework, travel, wearing lacy clothing, and eating peanuts in church.
Church attendance was mandatory.

Most of these behavior prohibitions have ended, but bans on work, commerce, and alcohol sales continue to this day. By now we’re sure you’re thinking that laws designed to protect a doctrine of one particular religion are an obvious violation of the establishment clause of the First Amendment.

Not all religions, not even all Christians, observe Sunday as a day of rest.
Although court challenges were frequent, it took until 1961 for the Supreme Court to weigh in.
In McGowan v.
Maryland, the Court ruled that laws with religious origins are constitutional if they serve a current secular purpose.

In this case, the law in question referred to Sunday as “the Lord’s day” so there was no doubt about the initial intent. But over time, the court said, the laws had the legitimate secular aim of providing a day of rest and family time. A little later in the year, the court again defended Sunday laws, in Gallagher v.

Crown Kosher Supermarket of Massachusetts, when it upheld the Springfield police raid, arrest, and fine of the owner of a kosher deli which was open on Sunday. The deli owner said that his economic survival depended on Sunday sales, fully one-third of his total weekly sales, since he was closed on Saturdays in observance of his religion’s sabbath.

Although three justices dissented, saying “Massachusetts has passed a law which compels an Orthodox Jew to choose between his religious faith and his economic survival,” the 6–3 decision reaffirmed the Court’s position. And so it stood until 1983, when Massachusetts opened up, sort of.

Although retail was allowed to open, many other businesses were, and remain, forced to close on Sundays and holidays. Additionally, to protect workers whose employers were now allowed to open on Sundays, the legislature imposed two conditions: premium pay (a mandatory addition to an employee’s regular pay) and voluntariness of employment which requires an employee’s consent to work, and a protection from retaliation if he/she refuses.

Sales of alcohol are a separate matter altogether. In 1990, Massachusetts permitted liquor stores to open on Sundays at noon, but only between Thanksgiving and New Year’s Day. An exception was made, and stores were allowed to remain open Sundays year-round if they were within 10 miles of the New Hampshire or Vermont border.

Presumably, whatever harm emanates from being able to purchase alcohol on Sundays is kept at bay near Christmas and Vermont.
In 2004, Massachusetts’ non-drinking governor Mitt Romney allowed year-round Sunday sales after noon.
That restriction was changed to 10 a.m. in 2014.
The most recent change to the blue laws was in 2018.

As part of the law that increases the state minimum wage in steps, to $15 per hour by January 2023, premium pay for Sundays and holidays is reduced to zero, in steps, over the same time period. So, just what are the Sunday and holiday rules in Massachusetts? We hesitate to tell you, since they’re confusing.

We aren’t lawyers or employers.
Please, please check with an employment attorney or some other expert, or contact the Attorney General’s office,
Also contact the AG if you believe you are entitled to premium pay.
The following is from the Attorney General’s web page on Blue Laws,
We are including it here to give an idea of the complexity of the rules.

Direct quotes are italicized.

Retail can be open. C ertain retail establishments that operate on Sundays are subject to the following two restrictions: Premium Pay and Voluntariness of Employment. Businesses with fewer than 7 employees are exempt from the premium pay requirement. Generally, non-retail businesses cannot operate on Sundays, unless they fall within one of the 55 exemptions, Generally, manufacturers are prohibited from opening Sundays without a permit. Additionally, manufacturers may petition the attorney general for a temporary exemption from the Day Of Rest laws. (“Day Of Rest” are AG Healey’s words, not ours.) Holidays? There are three categories: unrestricted, partially restricted, and restricted. There are different rules for retail, non-retail, and manufacturing for each of these categories of holidays, both with respect to opening at all, and the rate of premium pay. Good luck.

Finally, here’s our favorite:

However, for all businesses, a permit for work on Sundays may be issued by the police chief of the city or town where the business is located. A permit from the police?!? Yes. For some reason, some businesses can get permission to open on some days that are usually not allowed, if they get a permit from the police. What are the criteria the police use to decide who gets or doesn’t get a permit? “upon reasonable terms and conditions may issue a permit for the performance on Sunday of necessary work or labor which could not be performed on any other day without serious suffering, loss, damage or public inconvenience.” Now you know.

* * * Is there an issue you’d like us to discuss on the show? Do you have comments about this or previous shows? We invite your suggestions of topics that may be of interest and that might seem simple to address. Maybe there IS an obvious solution we haven’t thought of, or maybe It’s Not That Simple.

You might be interested: When Do They Stop Selling Alcohol In California?

How much does a liquor Licence cost in USA?

Liquor License Filing Cost – The filing fee and license fee are where you will incur the most expenses when applying for a liquor license. Total costs will vary based on your state and the type of permit you have applied for. A full-service liquor license can range from $100 to over $14,000, but the average cost is around $1500.

How do I get a liquor license in USA?

How much does a liquor license cost? – To obtain a liquor license you will typically have to pay a fee for the license and a processing fee for your application. The cost of a license ranges from $300 to $14,000 based on your state. You may also have to pay an additional license fee based on your municipality.

Processing fees typically run a few hundred dollars. When it comes time to renew your license (licenses typically last between one to three years), you will have to pay a renewal fee. Depending on your state, renewal fees can be as high as the initial license fee or significantly cheaper. If you choose to obtain your license via an online service — such as liquorlicense.com — you can expect to pay an additional fee of a few hundred dollars.

Other costs you might incur while filing your application include the cost of obtaining a zoning permit, building permit, signage permit, and an alcohol tax permit. These permits can cost anywhere from a few hundred dollars to thousands, depending on your state.

Do you need a license to be a bartender in the US?

What are the requirements to be a bartender? – Within the USA, the requirements differ from state to state. Overall, however, a bartender needs to be licensed with official alcohol training granted by the state’s regulation board on alcoholic beverages, This can be found easily through online search. Outside of the States regulations and laws may be different.

What are the alcohol laws in Massachusetts?

Can I serve free alcohol at my business Massachusetts?

Fines, The Bottle Bill and Other Miscellaneous Information – Is the ABCC required to accept from a licensee a fine as an offer in compromise in lieu of suspension? No. The ABCC may accept an offer in compromise in lieu of suspension under § 23 from a licensee or certificate of compliance holder (an out-of-state supplier) if they petition the ABCC to accept this offer in compromise within twenty (20) calendar days following notice of a suspension of the license by the ABCC.

The fine to be paid is calculated according to the formula set out in § 23: Fifty percent of the per diem gross profit multiplied by the number of license suspension days, with the gross profit to be determined as gross receipts on alcoholic beverage sales less the invoiced cost of goods sold per diem.

In no event is the fine less than $40.00 per day. Upon the acceptance of the fine in lieu form and payment by the ABCC, the licensee waives all rights to appeal to the Superior Court. It is worth noting that LLAs are not authorized to accept “fines in lieu.” Can a bar, restaurant, or hotel offer a free drink? No.

A bar, restaurant or hotel cannot offer any free drinks.
However, a bar, restaurant, or hotel can include a drink as part of a meal package under certain circumstances.
The ABCC’s “Happy Hour” Regulations, and November 23, 2009 Advisory should be consulted for further information.
Can a bar, restaurant, or hotel increase the price for alcoholic beverages during the evenings when they have entertainment? No.

Alcoholic beverages must be sold to all persons at the same price for a calendar week. A § 12 on-premises licensee cannot change its prices – up or down – during the week. Are containers for wine coolers redeemable under the Bottle Bill? No. Although several attempts have been made to include containers for wine coolers under the provisions of the Bottle Bill, to date they are not required to be redeemed.

A refillable glass container must be able to hold liquid, be able to be resealed, be in its original shape, not be chipped and not be cracked to be acceptable.
A non-refillable glass beverage may be chipped, but may not have the bottom broken out or broken off to be acceptable.
Metal cans and plastic bottles must be easily identifiable and reasonably intact to be acceptable.

A retailer may refuse to accept a container which is not in a reasonably clean condition. All containers must be free of foreign materials, such as paper, sticks, and cigarettes. A retailer may refuse to accept a container that is not empty. State law provides a container is “not empty” if the container “holds a liquid in any significant amount.” A retailer may refuse to accept a metal can which is substantially altered from its original shape.

May a retailer limit the amount of returnable containers he will accept from a person? Yes. A retailer may refuse to accept more than 120 containers in one 24-hour period from any one person; however, he may choose to accept more. Can a licensee change a manager, stockholder, officer, director, the holder of an interest in the license or take on a new partner or investor at any time? No.

Any change of a licensed manager, stockholder, officer, director, change in beneficial interest or the addition of a new partner or investor is not legal unless and until the new individual(s) is (are) approved by both the LLA and the ABCC. When can I start selling and allowing my customers to drink alcoholic beverages on my newly added patio area? No sales or consumption of any alcoholic beverages can be allowed by the license holder in the patio area unless and until the changes to their location are approved by both the LLA and the ABCC, and a new amended license (with the approved changes added to the description of premises) is issued.

Can a one-day license or BYOB be issued or allowed at the premises covered by seasonal license during the period that the seasonal license is dormant? The LLA sets the actual term that a seasonal licensee can operate. The LLA can permit a seasonal licensee to operate as late as January 15th (e.g. The seasonal licensee opens on April 1, 2012 and can operate as late as January 15, 2013).

However, no one-day license or BYOB can be issued or allowed on that seasonal license premises during the dormant period of January 16th- March 31st. If my approved licensed manager resigns or quits is my liquor license automatically suspended? No. While a license holder must always have an approved license manager in control of the alcohol license operations, the absence of the approved license manager does not automatically suspend or otherwise affect the license status in any way.

The licensee is required to petition the LLA and the ABCC for a change of manager immediately.
How can I view the public records of a licensee? The ABCC complies with the Massachusetts Secretary of the Commonwealth’s rules and regulations regarding public records requests and inspections.
Generally, a request should be made in writing to the ABCC, which should include a detailed description of the information you are seeking.

The ABCC then will provide a response within ten (10) days including the cost for production. Please note that documents not subject to the public records laws will be redacted. I am a creditor and a licensee owes money to me. I have learned that the licensee has applied to transfer his license.

Can the ABCC stop the transfer until he pays me? No.
In order to stop the transfer of a license based on an outstanding debt to a private individual or business, the individual or business must obtain a court order of an injunction prohibiting the licensee from transferring the license.
Then, only a judge may lift the injunction and permit the transfer.

Please be aware that while a party may obtain an attachment under Mass.R. Civ.P.4.1 against a license issued by the LLA, an attachment does not prohibit the sale or transfer of a license, but instead only encumbers it. Therefore, the ABCC may not prevent the sale or transfer of a license on the basis of an attachment alone.

Do bars in Massachusetts have to serve food?

Massachusetts bars will no longer have to serve food in latest state guidelines CHICOPEE, Mass. (WWLP) – Bars across Massachusetts underwent complete makeovers earlier on in the pandemic so they could remain open. Some bars even added kitchens to be compliant with state guidelines.

But, the latest changes indicate they will no longer have to serve food. Atlas Pub and Kitchen in Chicopee was one bar that had renovations in order to operate. “Bars can open, without serving food, it takes a little bit of load off our back,” said William Herchuck owner of the Atlas Pub and Kitchen. Despite the financial burden of the pandemic, Herchuck been in the business for 40 years.

Prior to COVID, Atlas was just a pub. But, the reopening plan had bars across the state not permitted to open until Phase 4. Herchuck, like many Massachusetts bar owners, had to adapt and invest thousands to become an eatery or stay closed. “We were shut down for a good five months and before we could reopen we had to install a kitchen,” said Herchuck.

It’s a shame when you see people who have been in this business for this amount of years suddenly close their doors and not reopen.” As of May 29, Governor Baker’s latest guidelines in the reopening plan will no longer require bars to serve food.
Herchuck says it’s a relief, but the kitchen isn’t closing anytime soon and it’s thanks to his customers.

“I have very good patrons here,” said Herchuck. “It’s going to stay open, most likely will only stay open for lunch hours. We are seeing mostly a lunch crowd and it’s a hit or miss on which days are busy and which days aren’t.” For the busy summer season, Herchuck said he hopes restrictions will be lifted on businesses well before the August 1 goal of the state.

Do you need a license to serve alcohol in New York?

If your business deals with the importation, manufacture, distribution or sale of alcohol in New York, you need a liquor license. The NY State Liquor Authority issues licenses for selling alcoholic beverages. The details of the license application and review process depends on the type of establishment and its activities.

On-premises licenses (e.g., bars, restaurants, taverns, hotels) Off-premises licenses (e.g., liquor stores, wine stores)

Applicants for on-premises licenses must notify the municipality (using a form approved by the Authority) of its intent to file the application. The notice must be made at least 30 days before before the application is filed with the Authority, In New York City, the notice is sent to the local Community Board where the premises is or would be located (read more about the Community Board process below).

Learn about the complete application process and what you need to obtain a liquor license

More Information:

State Liquor Authority Handbook for Retail Licensees 2018 (PDF) Alcohol Training & Informational Videos Information for Existing Licensed Retailers

Gaspar Aparicio