MASSACHUSETTS - BYO REGULATIONSSummary
In Massachusetts, the Alcoholic Beverages Control Commission (the "ABCC") generally does provide for licensed restaurants to permit BYO. But, BYO may be permitted in non-licensed restaurants by local ordinance. So, if the establishment does not have a liquor license, then one can check with the city/town in which the establishment is located to learn if there is any local law dealing with BYO.
Controlling Authority: Alcoholic Beverages Control Commission
State Law Regarding Alcohol: Chapter 138
Can a person bring wine into a restaurant that is not licensed?
- If the restaurant does not have a liquor license, then one must check with the city/town in which the restaurant is located to learn if there is any local law dealing with bringing one's own wine into a restaurant for personal consumption.
Can a person bring wine into a restaurant while the restaurant is applying for a license?
- Upon an application for a restaurant license, the local licensing authorities may in their discretion grant such a license authorizing the BYO on all days of the week or one authorizing BYO on secular days only.
What care must the person take when bringing wine to a restaurant?
- Since any BYO regulations would have to be local, the restaurant should know if there are any special requirements.
What care must the restaurant take when a customer brings in BYO wine?
- The hours during which BYO may be permitted by any licensee shall be fixed by the local licensing authorities either generally or specially for each licensee.
- No permission be given on any secular day between the hours of two and eight o'clock antemeridian and that, except as provided in section thirty-three, no such licensee shall be barred from allowing BYO on any such day after eleven o'clock antemeridian and before eleven o'clock postmeridian.
- No restaurant/tavern shall be kept open on any such day between one o'clock antemeridian and eight o'clock antemeridian.
Can restaurants store or use BYO wine?
- Such provisions would be subject to local, city and town laws
- Re-corking is allowed only of wine purchased from the restaurant.
- ABCC regulations allow a licensed restaurant or to remove one partially consumed bottle of wine that has been purchased with a meal. The bottle that is removed must be placed in a one-time-use tamper proof transparent bag with the meal receipt attached to the sealed bag.
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