Wine Cork and Carry
Regulations for re-corking a bottle of wine
Regulations for re-corking a bottle of wine
- No holder of a restaurant type license issued pursuant to the provisions of section 12 of chapter 138 of the General Laws and no holder of a hotel type license issued pursuant to the provisions of section 12 of chapter 138 of the General Laws shall permit a patron to retain and take off the licensed premises so much of a bottle of wine purchased by that patron with a meal and not totally consumed by that patron during the meal, except when the bottle of wine is re-sealed in compliance with this regulation.
- Only one partially consumed bottle of wine per patron may be resealed and removed from the restaurant or hotel licensed premises pursuant to this regulation.
- A receipt that prominently displays the date of the purchase of the meal must be furnished to the patron. The receipt must show both the purchase of the meal and the purchase of the bottle of wine.
- Before permitting the carry out of a bottle of wine pursuant to this regulation, the holder of a restaurant type license or its employees or the holder of a hotel type license or its employees must: 1) securely reseal the bottle of wine;
a. place the resealed bottle in a one-time-use tamper-proof transparent bag that insures that the patron cannot gain access to the bottle while in transit after the bag is sealed;
b. securely seal the bag; and
c. affix the receipt to the sealed bag.
- For the purpose of this regulation, the word “meal” shall mean the purchase by 1 person of a diversified selection of food which ordinarily is classified as an "entree" or "main course" which ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing walking or the purchase by 2 or more persons of a diversified selection of food which is priced at more than $20.00 and ordinarily cannot be consumed without the use of tableware and which cannot be conveniently consumed while standing or walking
Massachusetts ID Law – What forms are acceptable?
If a licensee is charged with permitting the service, delivery, or possession of alcoholic beverages by a person under twenty one years of age, under current state law, a licensee has a defense only if the licensee can affirmatively prove that prior to permitting the service, delivery or possession of alcoholic beverages by a person, the licensee requested, was shown, examined and reasonably relied on either:
a. A Massachusetts Driver’s License;
b. A Massachusetts Liquor Identification Card;
c. A Massachusetts Identification Card
d. A Passport Issued by the United States or a government that is officially recognized by the United States;
e. A Passport Card for a Passport issued by the United States; and
f. A Military Identification Card.
Reliance by a licensee on any other form of identification to determine proof of age does not give the licensee a defense.
As of December 1, 2012, neither the state Liquor Control Act nor the regulations of the ABCC require identification to be checked as a condition to selling or delivering an alcoholic beverage to any person (except in the case of certain deliveries to consumers at their homes or offices). Each licensee is left to decide for itself what policy to establish on checking identification prior accepting orders for, selling and delivering alcoholic beverages. Some licensees adopt a conservative policy, as they may legally do under the Liquor Control Act and the ABCC regulations, and require proof of age from any person who appears to be younger than thirty years of age and accept as proof of age only the six pieces of identification that give a licensee a defense to any criminal conviction, civil liability and/or administrative prosecution. Therefore, while a licensee may choose to rely upon any form of identification to obtain proof of age, only these specific six forms of identification provide a defense to a charge of service, delivery, or possession of alcoholic beverages by a person under twenty-one years of age
Caterers Liquor License
In 2012, Governor Patrick signed legislation into law that will allow for a new caterers liquor license. The MRA and its Caterers' Committee worked on this proposal for multiple legislative sessions. Nothing changes for those caterers who have no interest in alcoholic beverage sales. However, for those with an interest, this new license will:
- Allow caterers to purchase alcohol from wholesalers, store, transport and sell it at private parties not open to the public
- Have an annual fee of $1500
- Limit the sale of alcohol at such events for five hours
- Require caterers with this license to have liquor liability insurance ($250K/500K)...the same as all other liquor licenses in the Commonwealth
- Require that the servers be trained in a nationally recognized responsible alcohol training program (ServSafe Responsible Alcohol Service)
- Require that all laws of the Commonwealth relative to the sale of alcohol be observed
- Require the notification of the local police chief 48 hours before any event
Link to application and FAQ’s
Happy Hour Regulations
Massachusetts regulations (204 CMR 4.00) prohibits the discounting of alcohol. The regulations state:
No licensee or employee or agent of a licensee shall:
- Offer or deliver any free drinks to any person or group of persons;
- Deliver more than two drinks to one person at one time;
- Sell, offer to sell or deliver to any person or group of persons any drinks at a price less than the price regularly charged for such drinks during the same calendar week, except at private functions not open to the public;
- Sell, offer to sell or deliver to any person an unlimited number of drinks during any set period of time for a fixed price, except at private functions not open to the public;
- Sell, offer to sell or deliver drinks to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not open to the public;
- Sell, offer to sell or deliver malt beverages or mixed drinks by the pitcher except to two or more persons at any one time;
- Increase the volume of alcoholic beverages contained in a drink without increasing proportionately the price regularly charged for such drink during the same calendar week;
- Encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
Nothing contained in 204 CMR 4.03 shall be construed to prohibit licensees from offering free food or entertainment at any time; or to prohibit licensees from including a drink as part of a meal package; or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person.