NOTICE
TO ALL LOCAL LICENSING AUTHORITIES
AND ALL LICENSEES UNDER M.G.L. c. 138, § 12
COMPLIANCE ISSUES DURING THIS HOLIDAY SEASON
It has come to the attention of the Alcoholic Beverages Control Commission ("the Commission") that many licensees may be engaging in activities that violate the Liquor Control Act and Commission Regulations. For example, some licensees may be offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period during the calendar week. Both of these activities violate Commission regulations and will result in a license being modified, suspended, revoked or cancelled.
To assist you in your efforts to control the licensed premises and the operation of the businesses, to prevent violation of any of the provisions the Liquor Control Act and Commission regulations, to help conduct the licensed businesses in a proper and orderly manner, and to avoid compliance issues, the Commission would remind you that the Commission has prohibited certain practices by licensees under G.L. c. 138, §§ 12 and 14. These prohibited practices are specified in 204 C.M.R. 4.00, et seq., (commonly referred to as the "Happy Hour regulation") and are available on the Commission's website, www.state.ma.us/abcc.
As a reminder, this "Happy Hour" regulation prohibits any licensee or employee or agent of a licensee from engaging in or permitting any of 8 activities. No licensee or employee or agent of a licensee may:
1. offer or deliver any free drinks to any person or group of persons;
2. deliver more than two drinks to one person at one time;
3. sell, offer to sell or deliver to any person or group of persons any
drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
4. sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
5. sell, offer to sell or deliver drinks to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public;
6. sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
7. increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;
8. encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
Because of this regulation, licensees may not be legally offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period. Any licensee who engages in this practice will be investigated and prosecuted before the Commission by its investigators. Further, no licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under 204 CMR 4.03. Any licensee who advertises these illegal practices will be also investigated and prosecuted.
Licensees should be vigilant during the holiday season to avoid violations of G.L. c.138, § 69 and ensure that no alcoholic beverage is sold or delivered on any licensed premises to an intoxicated person. Care should also be taken to avoid violations of G.L. c.138, § 34 by ensuring not only that no one makes "a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person" but also that no one furnishes, and knowingly or intentionally supplies, gives, or provides to or allows a person under 21 years of age to possess alcoholic beverages on premises or property owned or controlled by a license holder.
As the festive holiday season is upon us, the Commission extends to you all the sincere wishes of all the members and employees the Commission for a happy, fruitful and safe season. We are sure that each of you work daily to ensure that all operations, particularly those holiday celebrations hosted within licensed premises, are structured, advertised and actually operated in compliance with all laws of the Commonwealth. Through our efforts together, we can be sure that each license serves the public need and operated only in such a manner as to protect the common good. With this mutual success, our entire holiday season will sure to be bright and safe. With grateful appreciation and many thanks for your attention, assistance and co-operation in these efforts, together we extend our earliest wish for a Happy New Year.
Dated at Boston, Massachusetts this 4th day of December 2003
TO ALL LOCAL LICENSING AUTHORITIES
AND ALL LICENSEES UNDER M.G.L. c. 138, § 12
COMPLIANCE ISSUES DURING THIS HOLIDAY SEASON
It has come to the attention of the Alcoholic Beverages Control Commission ("the Commission") that many licensees may be engaging in activities that violate the Liquor Control Act and Commission Regulations. For example, some licensees may be offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period during the calendar week. Both of these activities violate Commission regulations and will result in a license being modified, suspended, revoked or cancelled.
To assist you in your efforts to control the licensed premises and the operation of the businesses, to prevent violation of any of the provisions the Liquor Control Act and Commission regulations, to help conduct the licensed businesses in a proper and orderly manner, and to avoid compliance issues, the Commission would remind you that the Commission has prohibited certain practices by licensees under G.L. c. 138, §§ 12 and 14. These prohibited practices are specified in 204 C.M.R. 4.00, et seq., (commonly referred to as the "Happy Hour regulation") and are available on the Commission's website, www.state.ma.us/abcc.
As a reminder, this "Happy Hour" regulation prohibits any licensee or employee or agent of a licensee from engaging in or permitting any of 8 activities. No licensee or employee or agent of a licensee may:
1. offer or deliver any free drinks to any person or group of persons;
2. deliver more than two drinks to one person at one time;
3. sell, offer to sell or deliver to any person or group of persons any
drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
4. sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
5. sell, offer to sell or deliver drinks to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public;
6. sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
7. increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;
8. encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
Because of this regulation, licensees may not be legally offering an "open bar" to customers for a fixed price or offering discounted prices for drinks during a limited time period. Any licensee who engages in this practice will be investigated and prosecuted before the Commission by its investigators. Further, no licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under 204 CMR 4.03. Any licensee who advertises these illegal practices will be also investigated and prosecuted.
Licensees should be vigilant during the holiday season to avoid violations of G.L. c.138, § 69 and ensure that no alcoholic beverage is sold or delivered on any licensed premises to an intoxicated person. Care should also be taken to avoid violations of G.L. c.138, § 34 by ensuring not only that no one makes "a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person" but also that no one furnishes, and knowingly or intentionally supplies, gives, or provides to or allows a person under 21 years of age to possess alcoholic beverages on premises or property owned or controlled by a license holder.
As the festive holiday season is upon us, the Commission extends to you all the sincere wishes of all the members and employees the Commission for a happy, fruitful and safe season. We are sure that each of you work daily to ensure that all operations, particularly those holiday celebrations hosted within licensed premises, are structured, advertised and actually operated in compliance with all laws of the Commonwealth. Through our efforts together, we can be sure that each license serves the public need and operated only in such a manner as to protect the common good. With this mutual success, our entire holiday season will sure to be bright and safe. With grateful appreciation and many thanks for your attention, assistance and co-operation in these efforts, together we extend our earliest wish for a Happy New Year.
Dated at Boston, Massachusetts this 4th day of December 2003
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