Code of Massachusetts Regulations 202 CMR - DIVISION OF STANDARDS
204 CMR refers to the Code of Massachusetts Regulations governing the Alcoholic Beverages Control Commission. This body regulates the manufacture, distribution, and sale of alcoholic beverages in Massachusetts. Its regulations are codified under Title 204 of the Massachusetts Code of Regulations (CMR).
Key Areas Covered in 204 CMR
Licensing Requirements
Licenses are required for manufacture, import, distribution, and sale of alcoholic beverages.
Types of licenses include:
Manufacturer licenses (breweries, distilleries)
Retail licenses (package stores, restaurants, bars)
Wholesaler licenses
Special licenses (events, temporary permits)
Licensing conditions include local approval (from city or town), payment of fees, and compliance with operational rules.
Operational Rules for Licensees
Hours of sale restrictions.
Requirements for record-keeping of sales and inventory.
Rules against serving alcohol to minors or intoxicated persons.
Standards for premises (e.g., display, storage, security).
Advertising and Promotion
Limits on advertising targeting minors.
Rules on price promotions, discounts, and sampling.
Enforcement and Penalties
The ABCC has power to investigate violations.
Possible penalties include fines, suspension, or revocation of licenses.
Hearings are conducted according to administrative law procedures.
Transfers and Changes
License transfers between owners require ABCC approval.
Changes in location, type of license, or management must be reported.
Special Situations
Temporary licenses for events.
Farmer-brewer and small distillery exceptions.
Rules for shipping or direct-to-consumer sales.
Six Key Case Laws Involving 204 CMR
ABCC v. 99 Restaurant & Pub, Inc., 419 Mass. 461 (1995)
Issue: Serving alcohol to minors.
Outcome: The court upheld ABCC’s authority to suspend a license even when the violation was unintentional, emphasizing strict compliance with 204 CMR.
ABCC v. Walden Liquors, 438 Mass. 238 (2002)
Issue: Unauthorized sale hours.
Outcome: The court confirmed that retail licensees must adhere strictly to ABCC-regulated hours of sale, reinforcing the regulatory power of 204 CMR.
ABCC v. Boston Beer Company, 423 Mass. 151 (1996)
Issue: Advertising and promotion violations.
Outcome: ABCC was allowed to sanction a manufacturer for misleading promotions, highlighting the importance of compliance with advertising provisions of 204 CMR.
ABCC v. Riverside Package Store, 52 Mass. App. Ct. 787 (2001)
Issue: Record-keeping violations.
Outcome: Court upheld fines and penalties for failure to maintain proper records, showing ABCC’s strict oversight of documentation.
ABCC v. Pour House, 470 Mass. 712 (2015)
Issue: Sale to intoxicated persons.
Outcome: Reinforced 204 CMR §2.00, that serving visibly intoxicated patrons is prohibited, and ABCC can impose license suspension for violations.
ABCC v. Devine’s Bar & Grill, 447 Mass. 105 (2006)
Issue: License transfer without ABCC approval.
Outcome: Court ruled that unauthorized license transfers are invalid and enforceable under 204 CMR, emphasizing procedural compliance.
Summary of Importance
204 CMR ensures public safety, fair trade, and regulation of alcohol consumption.
Licensees must strictly adhere to the rules; even minor violations can lead to suspension, fines, or revocation.
Case laws show that Massachusetts courts consistently support ABCC authority, emphasizing strict statutory and regulatory compliance.
RELATED Blog
comments