Tag Archives: liquor license lawyer

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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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ABCC FINDS SHAW’S SUPERMARKET IN VIOLATION FOR SELLING BEER AT PRICE BELOW INVOICED COST

Law Offices of John P. Connell, P.C.: In a recent ABCC decision, the ABCC issued Shaw’s Supermarket, Inc. a “warning” after finding that Shaw’s sold 30-packs of certain well known beer brands for $19.99 when it was determined Shaw’s had actually purchased those 30-packs from a beer distributor for $20.60 a 30-pack. See In Re: Shaw’s Supermarket, Inc. (October 19, Continue Reading...
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CRAFT BREWERS SEEKING TO CREATE THEIR OWN WHOLESALE COMPANIES AND BY-PASS TRADITIONAL DISTRIBUTORS WITH THEIR FRANCHISE ENTANGLEMENTS

Law Offices of John P. Connell, P.C.: As reported in today’s Boston Globe, Night Shift Brewing Company of Everett, a farmer-brewer licensed pursuant to G.L. c. 138, section 19C, has commenced its own wholesaler business pursuant to G.L. c. 138, Section 18, so as to avoid using the more established wholesalers/distributors in Massachusetts. Such traditional brewer-wholesaler distribution arrangements reduce significantly Continue Reading...
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REGULATORS OF ALCOHOLIC BEVERAGES CAN BE FOUND INDIVIDUALLY LIABLE WHEN INTERFERING WITH CONSTITUTIONAL RIGHT TO FREE COMMERCIAL SPEECH

Law Offices of John P. Connell, P.C.: Free speech prevailed for Maryland’s Flying Dog Brewery in its recent six-year battle with the Michigan Liquor Control Commission. Back in 2009 when the brewery released it’s new Belgian-style IPA called “Raging Bitch,” the Michigan Liquor Control Commission quickly banned it from being sold in the state. The Commission considered “Raging Bitch” to Continue Reading...
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