Refilling Those Growlers

Law Offices of John Connell, P.C.: The Massachusetts’ legislature is currently trying to clarify the issue of whether Massachusetts’ farmer-brewers and brewpubs may fill growlers purchased at other breweries or provided by their consumers on their own. Currently in Massachusetts, farmer brewers and pub breweries are prohibited as a matter of ABCC policy from filling any growler that does not Continue Reading...

The Ins-And-Outs of One Day Licenses

Law Offices of John P. Connell, P.C.: One-day alcoholic beverage licenses are a suitable option for those wishing to sell alcoholic beverages at a special event, but who are not otherwise licensed to do so. Pursuant to Mass. Gen. Laws. Ch. 138, § 14, a Special License, or so-called “one-day license,” may be issued by the local licensing authority (“LLA”) Continue Reading...

Restaurants Caught Purchasing Alcohol From Liquor Stores Suffer High Sanctions

Law Offices of John P. Connell, P.C.: Is a 30-day liquor license suspension too harsh for restaurant owners? In a recent ABCC decision captioned In Re: Demosthenes Greek-American Democratic Club of Ma, the Alcoholic Beverages Control Committee (ABCC) found this establishment in violation of 204 CMR 2.05 (2), permitting illegality on the premises; that being a restaurant’s purchase of alcoholic Continue Reading...

Alternating Proprietorships: What are they?

Law Offices of John P. Connell, P.C.: Ordinarily, a brewery that produces beer under its own name and at its own licensed facility. The Alcohol and Tobacco Tax and Trade Bureau (“TTB”), however, recognizes two distinct forms of brewing operations in which more than one entity is involved: contract brewing, and an alternating proprietorship. The more familiar of the two, Continue Reading...

The History Of Price Discrimination And Anti-Inducement Laws In The Commonwealth Of Massachusetts – Are They Still Relevant?

Law Offices of John P. Connell, P.C.: It appears the Craft Beer Guild has received a notice from the ABCC for potentially violating G.L. c. 138, Section 25A, the law that prohibits “price discrimination” in the sale to retailers of the same brands of alcoholic beverages, and 204 CMR 2.08, the regulation that prohibits wholesalers from “inducing” retailers to buy Continue Reading...
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