Mass. Gen. Laws ch. 138 § 12 1/2

Current through Chapter 223 of the 2024 Legislative Session

Section 138:12 1/2 - Sale of mixed drinks for off-premises consumption

(a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:

"Mixed drink", distilled spirits, cordials or liqueurs, with mixers, that are combined on a licensed premises and sold in a sealed container; provided, that a mixed drink may contain wines and malt beverages in addition to distilled spirits, cordials or liqueurs; and provided further, that the volume of distilled spirits, cordials, liqueurs, wines, malt beverages and mixers contained in said mixed drink shall be of the same proportion and same price as if served for on-premises consumption.

"Mixer", a non-alcoholic ingredient in a mixed drink.

"Sealed container", a packaged container with a secure lid or cap designed to prevent consumption without removal of the lid or cap; provided, however, that if the packaged container has a lid with sipping holes or an opening for straws, said container shall be covered or affixed with an additional seal; provided further, that said lid, cap or seal shall be affixed before sale in such a way to prevent reopening without it being obvious that said lid, cap or seal was removed or broken, which may include tape or a sticking adhesive.

(b) Notwithstanding any general or special law to the contrary, an establishment licensed to sell all alcoholic beverages, distilled spirits, cordials or liqueurs for on-premises consumption may sell mixed drinks for off-premises consumption subject to all of the following conditions:

(i) the mixed drink shall not be sold to a person under 21 years of age;

(ii) any delivery of mixed drinks for off-premises consumption shall not be made without verification that the person receiving the order has attained 21 years of age;

(iii) the mixed drink shall be sold in a sealed container;

(iv) the mixed drink shall be sold as part of the same transaction as the purchase of food, and any order that includes a mixed drink shall be placed not later than the hour of which the establishment is licensed to sell alcohol or 12:00 A.M., whichever time is earlier; provided, that a transaction shall include at least 1 item of food prepared on-site sufficient to serve 1 individual;

(v) a customer shall be limited to 64 fluid ounces of mixed drinks per transaction consistent with clause (iv); and

(vi) if the mixed drink in a sealed container is to be transported by a motor vehicle, either by delivery or pick-up, the driver of the motor vehicle shall transport the mixed drink in the trunk of the motor vehicle or an area that is not considered the passenger area, as defined by section 24I of chapter 90.

(c) An establishment licensed to sell alcoholic beverages for on-premises consumption shall include an establishment licensed pursuant to section 12, subsection (b) of section 19, subsection (n) of section 19B, subsection (n) of section 19C, section 19D, subsection (o) of section 19E or section 19H; provided, that an establishment licensed pursuant to said section 19D shall also hold a license pursuant to said section 12. An establishment selling alcoholic beverages for off-premises consumption may only sell alcoholic beverages permitted pursuant to their type and category of license.

(d)

(1) An establishment licensed to sell alcoholic beverages for on-premises consumption that delivers any alcoholic beverage for off-premises consumption in a vehicle owned or leased by the establishment or its employees shall obtain a transportation permit pursuant to section 22 for each vehicle used for delivery of alcoholic beverages.

(2) An establishment licensed to sell alcoholic beverages for on-premises consumption that delivers any alcoholic beverage for off-premises consumption may use a third party with a permit for express transportation pursuant to section 22 for delivery of alcoholic beverages.

Mass. Gen. Laws ch. 138, § 12 1/2

Added by Acts 2024, c. 88,§ 10, eff. 4/1/2024.