CL Ch. 22- Alcohol Flashcards
(79 cards)
1
Q
Ch. 138 sets out a comprehensive program to regulate alcoholic beverages. Both State and local authorities are involved. Primary responsibility for retail activity is vested in local authorities (in most towns; board of selectmen; in most cities, and appointed commission) The state authority (blank) assists in the supervision of retail activity, and directly supervises wholesale, importing, and manufacturing activities.
A
the Alcoholic Beverage Control Commission (ABCC)
2
Q
Ch. 138 sets out a comprehensive program to regulate alcoholic beverages. Both State and local authorities are involved. Primary responsibility for retail activity is vest in local authorities (in most towns; board of selectmen; in most cities, and appointed commission) The state authority, The Alcoholic Beverages Control Commission (ABCC) assists in the supervision of retail activity, and directly supervises:(3)
A
- wholesale
- importing, and
- manufacturing activities
3
Q
Types of Retail Licenses:
Basically, there are three types of licenses that allow for the retail sale of alcohol-
Section 12:
Section 15:
Section 14:
A
Section 12: Pouring
Section 15: Package Store
Section 14: Special Licenses
4
Q
Section 12 Pouring licenses: Retail licenses for the sale of alcoholic beverages to be drunk on the premises, called “pouring licenses” fall into five types:
A
- hotel
- restaurant
- tavern
- club
- general-on-premise
5
Q
Section 12 Pouring licenses: Retail licenses for the sale of alcoholic beverages to be drunk on the premises, called “pouring licenses” fall into five types: Hotel; restaurant; tavern; club; and general-on-premise. These are further divided into four (4) categories based on the alcoholic beverages permitted to be served:
A
- All- alcohol
- wine only
- malt only
- wine and malt
6
Q
Any drinking establishment must post a copy of the penalties for:
A
operating under the influence (OUI)
7
Q
May a licensee refuse entrance or service to any individual, as long as the licensee does not discriminate on the basis of race, color, religious creed, national origin, ancestry, gender, sexual orientation, or physical or mental disability?
A
Yes.
- it is also proper to revoke ones license for racial discrimination.
8
Q
A licensee may refuse entrance or service to any individual, so long as the licensee does not discriminate on the basis of:(8)
A
- race
- color
- religious creed
- national origin
- ancestry
- gender
- sexual orientation
- physical or mental disability
9
Q
The ABCC requires that a sign about the cover charge appear (blank) the licensed premises and that it be collected (blank).
A
sign about the cover charge appears outside; and that it be collected inside.
*Also, a receipt, permanently recorded and numbered, must be presented to each individual customer or group of customers.
10
Q
May licensees charge a minimum for the purchase of alcoholic beverages or place a minimum drinking requirement on any customer?
A
No, they may not.
11
Q
Happy Hour restrictions: No licensee or employee shall: (First 2)
- Offer or deliver any free drinks to any person or group;
- Deliver more than (blank) drinks to any one person at a time.
A
more than 2 drinks.
12
Q
Happy Hour restrictions: No licensee or employee shall: (3+4)
- Sell to any person or group any drinks at a price less than the price regularly charged for such drinks during a calendar week, except at (blank)
- Sell to any person or group an unlimited number of drinks during a set period of time for a fixed price, except at (blank)
A
- private functions
- private functions
13
Q
Happy Hour restrictions: No licensee or employee shall:(5+6)
- Sell drinks to a person or group on any one day at prices less than those charged to (blank);
- Sell beer or drinks in a pitcher except to at least (blank) persons at any one time.
A
- the general public.
- atleast 2 or more people
14
Q
Happy Hour restrictions: No licensee or employee shall: (7+8)
- Increase amount of alcohol in a drink without proportionately (blank)
- Encourage or permit any game or contest which involves drinking or the awarding of (blank).
A
- increasing the price
- drinks as prizes
- However, licensees may offer free food or entertainment at any time.
15
Q
May licensees offer free food or entertainment at any time?
A
Yes.
16
Q
Service of draft beer: No malt beverages may be sold on draft from a tap unless:
A
the brand name of the beverage is clearly displayed on the tap.
17
Q
Are slot machines and gambling of any type allowed?
A
Not unless the gambling is authorized by legislature.
18
Q
Section 15 Package Store Licenses:
No license will be issued to a premises located within or connected to:
A
A section 12 (pouring license) establishment.
19
Q
Section 15 Package Store Licenses:
No licensee may sell or deliver any alcoholic beverages on (3 holidays, plus 1)
A
- Memorial Day
- Thanksgiving
- Christmas (or the following Monday, when Christmas is on a Sunday)
*There are no exceptions to these holiday closiings.
20
Q
Section 15 Package Store Licenses:
hours are determined by the local authority, but stores may not close later than (blank) on Sunday.
A
11:00PM
21
Q
Section 15 Package Store Licenses:
Any package store must post a copy of the penalties for:
A
Driving with an open container of alcohol.
22
Q
Section 15 Package Store Licenses:
Keg restrictions: Basically, each keg must be labeled with the name and address of the (blank) and an identifying serial number, and the licensee must record the (blank and blank) of any keg purchaser.
A
- retail licensee
- name and address.
23
Q
Section 14 Special licenses:
Local licensing authorities may issue special licenses for any sale of wines and/or malt beverages to a responsible manager of any indoor or outdoor activity or enterprise (for profit or nonprofit). Special licenses for the sale of all alcoholic beverages may be issued to (blank) only.
A
nonprofit organizations only.
24
Q
The ABCC and local licensing authorities have (blank) to ensure that liquor establishments are operating within the bounds of their licenses.
A
investigatory authority.
25
Investigatory Authority:
138 Sec. 56 authorizes police officers, sheriffs, and ABCC investigators to arrest any person found illegally: (8)
1. Selling
2. Exposing for sale
3. Exporting
4. Keeping for sale
5. Manufacturing
6. Importing
7. Storing
8. Transporting - alcoholic beverages or alcohol.
Think "SEEK MIST" to remember this arrest authority.
26
138 Sec 41 states that " the delivery of alcoholic beverages in or from a building... or other place, except a private dwelling... shall be sufficient evidence of ... a sale in prosecutions for selling liquors." The value of Sec 41 for law enforcers is that an exchange of alcohol is presumed to be a sale, which then triggers:
the officers enhanced arrest power for sales activity under Sec. 56.
Ex. delivery of liquor to restaurant patron was proof of a sale even though the witness could not remember whether he paid for it.
27
Alcohol: Investigatory Authority
May police officers serve as agents of their local licensing authority?
Yes.
28
Police officers may serve as agents of their local licensing authority. 138 Sec 56 empowers local and state police officers, and ABCC investigators "to make all needful and appropriate investigations" to enforce chapter 138. This authority has been interpreted by the ABCC to require that police officer be appointed by their local licensing authority (2):
1. in writing
2. BEFORE they inspect liquor establishments.
29
Police officers may serve as agents of their local licensing authority. 138 Sec 56 empowers local and state police officers, and ABCC investigators "to make all needful and appropriate investigations" to enforce chapter 138. This authority has been interpreted by the ABCC to require that police officer be appointed by their local licensing authority in writing, before they inspect liquor establishments.
Concentrating this specialized authority in the hands of a few designated officers promotes: (2)
1. Consistency
2. and lessens the potential for police misconduct.
*However, all sworn officers, whether designated or not, may take immediate action to deal with emergency situations in a liquor establishment.(such as overcrowding, underage drinking, after hours service, sexual and criminal misconduct, and incapacitated patrons). the actual administrative process- which may result in license suspension, revocation, or fine- should be instituted by a designated agent in accordance with local policy and procedure.
30
ABCC regulation 204 CMR 205 states: "No licensee for the sale of alcoholic beverages shall permit any disorder, disturbance, or illegality of any kind to take place in or on the license premises". The ABCC and local licensing boards utilize this provision to address underage drinking, drug dealing, disturbances and fights, sexual misconduct, discrimination, and any other type of illegality. Who is responsible for ensuring these things, whether present or not?
the licensee.
31
Sale or delivery of alcohol to intoxicated persons. 138 Sec 69 prohibits the sale or delivery of an alcoholic beverage to an intoxicated person on any licensed premises (including bars, restaurants, and package stores). Typically, sec 69 misconduct becomes the basis of (2):
(1) a civil lawsuit, or
(2) an ABCC/ local authority license suspension.
* this law protects the intoxicated person and the general public.
32
Selling or Furnishing Alcohol to Person Under 21 Ch. 138 Sec 34:
The suspect did any one of the following four acts:
#1:
1. Sold or delivered: and alcoholic beverage to a person under 21, whether for the underage person's own use or somebody else's use (including his parents)
33
Selling or Furnishing Alcohol to Person Under 21 Ch. 138 Sec 34:
The suspect did any one of the following four acts:
#2:
2. Ordered at a bar: While a patron at an "establishment", delivered or procured to be delivered (i.e. ordered) in any public room or area, alcohol for a person the suspect knew or had reason to believe was under 21.
34
Selling or Furnishing Alcohol to Person Under 21 Ch. 138 Sec 34:
The suspect did any one of the following four acts:
#3:
Bought at a store: While at a package store, brewery or winery, procured and alcoholic beverage for a person under 21
UNLESS: the person is the suspect's child, spouse, or ward (suspect serves as legal guardian.
35
Selling or Furnishing Alcohol to Person Under 21 Ch. 138 Sec 34:
The suspect did any one of the following four acts:
#4:
Furnished: alcohol to a person under 21
UNLESS: that underage person was the child or grandchild of the adult and possessed the alcohol on property owned or controlled by that parent or grandparent.
36
(Blank) means "to knowingly or intentionally supply... or allow a person under 21 years of age... to possess alcoholic beverages on premises or property owned or controlled by the offender- except for children and grandchildren of the person charged.
"Furnishing"- aka social host law
Remember, the suspect may be charged even if he simply allows an underage person to possess alcohol on property he owns or controls. This covers teenage alcohol parties that are held with the knowledge of parents or other adults. Also applies to individuals under 21 who host parties while their parents are away, since THEY are in control of the property when their friends arrive.
37
Servers aged (blank) and older may directly handle and sell alcoholic beverages. Futhermore, owners may employ staff younger then (blank) as long as they do not handle, mix, sell, or serve alcohol.
1. 18 and over
2. younger than 18
38
Furnishing Alcohol to person under 21 in a home (social host law):
ROA:
Complaint. No arrest authority.
Confiscate alcohol, eject from premises (if appropriate) and apply for complaint.
39
Delivering Alcohol to person under 21 anywhere other than a dwelling:
ROA:
Arrest.
Although Sec 34 provides no right of arrest, 138 Sec. 41 and 56 authorize and arrest for any illegal exchange outside of a dwelling (SEEKMIST)
40
"Good Samaritan" law for alcohol incapacitation: Aperson under 21 years of age who, in good faith, seeks medical assistance for someone experiencing alcohol related incapacitation, or seeks assistance for himself, or is the subject of a request for assistance, shall not be charged with: (3)
1. Furnishing (social host)
2. Procurement or attempted procurement of alcohol
3. Minor in possession
If the evidence was gained as a result of seeking medical assistance.
**Does not apply to adults 21 and over who host an underage party or, in some other fashion, engage in illegal conduct with minors.
41
Incapacitation means a person who consumed intoxicating liquor and is: (3)
1. unconscious
2. in need of medical attention
3. likely to suffer OR cause physical harm or property damage
42
Selling or furnishing alcohol to person under 21:
No need to prove the defendant knew, or should have known, the age of the youth, except for the offense of:
ordering at a bar.
43
Maintain and/or Permit Alcohol Nuisance Ch. 139 Sec. 15 and 20:
Type 1: Maintaining under Sec 15:
Elements: (2)
ROA:
1. Control premises; and
2. Illegal sales
ROA: Arrest for breach of peace, otherwise complaint.
*Anyone who sells alcohol at an unlicensed place he controls is maintaining a nuisance
44
Maintain and/or Permit Alcohol Nuisance Ch. 139 Sec. 15 and 20:
Type 2: Permitting under Sec 20:
Elements: (2)
ROA:
1. Control premises
2. Permit Another- permitted another to engage in illegal alcohol sales there (including the failure to take reasonable measures to evict the occupants as soon as it could be lawfully done)
ROA: Arrest for breach of peace, otherwise complaint.
*Anyone who sells alcohol at an unlicensed place he controls is maintaining a nuisance.
45
Related "Nuisance Procedures: Under 139 Sec 14, a "nuisance " may involve illegal alcohol, prostitution, gaming, or drug activity. 139 Sec 16A authorizes 3 officials to seek a civil injunction to close down a nuisance. Finally, Sec 19 allows for a landlord to void the lease of a tenant or occupant who maintains a nuisance, and seek a court order to force him to vacate. Who are the 3 officials?
1. Attorney General
2. A District Attorney
3. Chief of Police
46
To permit a nuisance, the defendant must have at least (blank) illegally sell alcohol on property under his control.
one other person.
Ex. since only Reid was illegally selling alcohol in his girlfriend's apartment, he should not have been charged with permitting a nuisance.
47
Procuring Alcoholic Beverages by False Representation:
Type 1: Person under 21
Elements:
The suspect was under age 21 and:
-Purchased or attempted to purchase; or
-Made arrangements with any person to purchase; or
-Misrepresented his age; or
-In anyway, altered or falsified his identification offered as proof of age (either for his own or someone else's use)
In order to procure a sale or delivery of an alcoholic beverage for his or someone else's use.
48
Procuring Alcoholic Beverages by False Representation:
Type 2: Statements or inducement by any person
Elements:
The suspect, regardless of his age:
-Made a false statement about a minor's age; or
-Induced the minor to make a false statement about his age;
In order to procure a sale or delivery of an alcoholic beverage to a minor.
49
Procuring Alcoholic Beverages by False Representation Ch. 138 Sec. 34A:
ROA:
Confiscate any alcohol and false ID and apply for a criminal complaint. (However, see below)
* Sec 34A essentially covers every act an underage person (and assisting adult) does to obtain alcohol, including a false ID. At the same time, there are more specialized statutes concerning ID's, which provide arrest authority. 138 Sec 34B (False ID or Failure to ID) allows for warrantless arrest of any person "discovered... in the act of violating this law", or possibly 90 Sec. 24B ( which is a Felony for counterfeit licenses)
In summary, when a fake ID is involved, officers may be lenient and apply for a complaint under 34A, arrest under 34B, or in some cases, under 90 Sec 24B.
50
Procuring Alcoholic Beverages by False Representation Ch. 138 Sec. 34A:
Registry action:
Mandatory registry suspension of license or right to operate for 180 days.
The suspension applies to all violators, regardless of whether they were in a vehicle at the time of the violation.
51
ABCC and police "stings" may occur at commercial establishments and:
private premises.
Ex. ABCC learned that a common carrier violated 34A by delivering alcohol to a 19 year old decoy during a sting operation at her home)
52
False ID or Failure to ID Ch. 138 sec 34B:
Type 1: False Information
Elements:
The suspect:
- Transferred, altered, or defaced an identification card or license; or
- Made, used, carried, sold, or distributed a false identification card or license; or
-Used the identification card or license of another; or
-Furnished false information in obtaining an identification card or license
53
False ID or Failure to ID Ch. 138 sec 34B:
Type 2: Failure to Provide Identification
Upon request of an ABCC or local licensing agent, the suspect:
Elements:
-refused to state his name, age, and address; or
- stated false information
According to Scheft, this is "Ch.90 sec 25 for a bar patron"- failure to identify to appropriate authority equals arrest
54
False ID or Failure to ID Ch. 138 sec 34B:
ROA:
Warrantless arrest of any person "discovered... in the act of violating this law" -aka "expanded in presence"- must involve a physical ID
Ex. defendant subject to warrantless arrest when he gave officer a liquor purchase ID bearing the address of a vacant lot.
55
False ID or Failure to ID Ch. 138 sec 34B:
Registry action:
Revocation of license for 1 year.
56
Ch 138 Sec 34B clearly states what types of ID are acceptable to prove one's age. To defend against delivering or selling alcohol to an underage person, a licensee must reasonably rely on (6 acceptable forms of ID):
1. Massachusetts Drivers License
2. Massachusetts Liquor License
3. Massachusetts ID Card
4. Passport- Issued by US or a country recognized by the US.
5. Passport Card( which is the size of a drivers license)
6. Military ID
57
False ID or Failure to ID Ch. 138 sec 34B: protects owners from liability for underage service if they checked the ID:
on the day of service (even if it had been checked previously)
Ex. if bar had rechecked minors, they would not have been served that day because they had destroyed their false ID earlier.
58
May the ID of another ever be lawfully possessed?
Yes. It is only unlawful to USE (or alter) the license of another.
Ex. officer saw 19 year old showing his friends what appeared ot be a drivers license. Upon inspection, it was his 22 year old brother's expired license, which he said he gave to him.
The license was not "false" under 34B. As court pointed out, if it were illegal to simply possess another license, then carrying a deceased parent's license as a momento would be a crime.
59
Minor in Possession of Alcohol Ch. 138 Sec 34C:
Elements:(2)
1.Under 21 AND no guardian
2. Possess or Transport alcohol
The suspect was under 21 years of age AND unaccompanied by a parent or legal guardian; and knowingly possessed, transported, or carried on his person any alcohol or alcoholic beverage.
60
Sarah is 19 years old. She looks exactly like her 24 year old sister Martha. Martha gives Sarah her ID. Sarah does not alter, it counterfeit it, or manipulate it in any way. The only thing she does, is when she is trying to get into the club to drink, she hands Martha's id to the bouncer. The bouncer catches on and takes the ID, he then calls you. What is your strongest action?
Warrantless arrest of any person "discovered... in the act of violating this law" -aka "expanded in presence" Ch. 138 Sec 34B
Applicable here because she USED the ID.
61
Motor vehicle goes through a red light. Upon approaching, 18 year old Timmy is driving. You see 3 cases of cold beers in the back seat. Timmy states he works for ACME Liquors. You confirm he works there, and that he is making a delivery right now to a customer. What is your strongest action?
Give him a ticket for the red light violation.
If you are 18 years old, you can transport alcohol in the course of your employment.
62
Minor in Possession of Alcohol Ch. 138 Sec 34C:
ROA:
Warrantless arrest in presence.
63
Minor in Possession of Alcohol Ch. 138 Sec 34C:
Registry action:
License suspended for 90 days, whether or not minor driving a vehicle.
64
Does Minor in Possession of Alcohol Ch. 138 Sec 34C apply to people between age 18 and 21 who carry or transport alcohol during the course of their employment?
No
Employee exemption
65
Under 138 Sec 34B, any person 21 years or older who does not have a valid driver's license may apply for a liquor purchase identification card, which is valid for (blank) and issued by the registry.
5 years.
66
Can youths be charged with minor in possession of alcohol if they are not physically holding the alcohol?
Yes. Constructive possession.
67
Even minors who have no interest in possessing or consuming alcohol violate 138 Sec. 34C when they drive a vehicle they know contains alcohol. The only legal exemptions for driving or, in any other way transporting alcohol (by bike, boat, moped, etc) are: (2)
1. being accompanied by a parent or guardian; or
2. being at least 18 and employed to deliver alcohol.
In short, someone under 21 typically commits a crime under 34C by transporting alcohol- even if the alcohol is for someone else.
68
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Regular Citizens may, but only for their own use and that of their family and guests, transport at any one time without a permit the following quantities:
How many gallons of malt beverage?
20 gallons.
Exemption: Any person may, without a license or permit, transport from his residence to a new residence alcoholic beverages manufactured by him for his own private use.
69
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Regular Citizens may, but only for their own use and that of their family and guests, transport at any one time without a permit the following quantities:
How many gallons of "any other alcoholic beverages"
3 gallons.
Exemption: Any person may, without a license or permit, transport from his residence to a new residence alcoholic beverages manufactured by him for his own private use.
70
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Regular Citizens may, but only for their own use and that of their family and guests, transport at any one time without a permit the following quantities:
How many gallons of Alcohol?
1 gallon.
Exemption: Any person may, without a license or permit, transport from his residence to a new residence alcoholic beverages manufactured by him for his own private use.
71
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Licensees: or their employees may transport and deliver their alcoholic beverages anywhere in the Commonwealth. Each vehicle must be covered by an:
ABCC permit.
72
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Salesmen: licensed under 138 Sec. 19A may transport samples of up to (blank) of alcohol or alcoholic beverages, provided they possess a 19A permit, invoices, and delivery records.
24 gallons.
73
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Salesmen: licensed under 138 Sec. 19A may transport samples of up to 24 gallons of alcohol or alcoholic beverages, provided they possess: (3)
1. a 19A permit
2. invoices; and
3. delivery records.
74
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
Winery or Brewer Licencees: may use a parcel service or trucking business, with an ABCC permit, to deliver to customers not in excess of (blank) per shipment. A delivery receipt must contain certification from the recipient that he is at least (blank) and from the delivery person that he observed valid ID.
1.108 liters
2. Atleast 21 years old
75
True or false:
A caterer may obtain a 12C license and transport and store alcohol on behalf of its customers.
True.
76
138 Sec 22 mandates that every motorist transporting alcohol carry a vehicle permit or certified copy or be exempt. The driver must produce documentation upon request of any police officer or ABCC investigator. Failure to do so is (blank) of a violation.
sufficient evidence
77
Unlawful Transportation of Alcohol Ch. 138 Sec. 22:
ROA:
Warrantless arrest in presence.
78
Hawking or peddling alcoholic beverages:
ROA:
Warrantless arrest in presence.
79
