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MASSACHUSETTS - BYO REGULATIONS

Summary

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.


Details

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

Miscellaneous

  • 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.

Disclaimer: The information stated above is provided as a free service, based on research of public records accessible through the Internet. It does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained on this website. It should also be recognized that governmental regulations can be changed at any time.


 
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