Tag Archives: ABCC

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TERMINATING YOUR WHOLESALER DUE TO THEIR FAILURE TO USE “BEST EFFORTS”

Law Offices of John P. Connell, P.C.: Alcoholic beverage manufactures such as instate and out-of-state breweries, wineries and distilleries are familiar with the Massachusetts “franchise law” that prohibits a manufacturer from (ever) terminating its established wholesaler unless it can prove “good cause” for doing so at the ABCC. Pursuant to G.L. c. 138, § 25E, there exists 5 separate grounds Continue Reading...
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The City of Boston and Devaluing The Pouring License

Law Offices of John P. Connell, P.C.: On June 22, 2017, a Committee within the Boston City Council held a hearing seeking public comment on the City of Boston’s proposed request to the State Legislature to issue 152 new pouring licenses. The hearing generated arguments by and between those restaurants that already have purchased liquor licenses, particularly those located downtown, Continue Reading...
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New U.S. District Court Decision May Be Ominous For Restaurant Employers

Law Offices of John P. Connell, P.C.: On March 24, 2017, the Honorable Timothy S. Hillman of the United States District Court, District of Massachusetts issued a Memorandum of Decision denying a motion to dismiss a class action complaint filed against the defendants, JK & T Wings, INC. D/B/A Buffalo Wild Wings and BW-Leominster LLC D/B/A Buffalo Wild Wings (“Buffalo Continue Reading...
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THE HEARSAY RULE AT THE ABCC

Law Offices of John P. Connell, P.C.: In February 2017, the ABCC released its decision In Re: Rose Garden Restaurant and Lounge (February 3, 2017), wherein the ABCC found that the licensee restaurant committed no violation of 204 CMR 2.05(2) (permitting an illegality on the licensed premises) or M.G.L. c. 138, § 69 (sale or delivery of an alcoholic beverage Continue Reading...
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BEER INDUSTRY PLAYERS SEEK COMPETING AMENDMENTS TO MASSACHUSETTS FRANCHISE LAW

Law Offices of John P. Connell, P.C.: Massachusetts General Law Chapter 138 § 25E provides that any manufacturer of alcoholic beverages that makes regular sales of its branded products to a wholesaler for a period of six months or longer has entered into a binding agreement with that wholesaler for that particular brand that can only be terminated by the Continue Reading...
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