Current through Register 1543, March 14, 2025
(1)
Insurance. The gaming beverage licensee must at all
times maintain liquor liability insurance for bodily injury or death for a
minimum amount of $250,000 on account of injury to or death of one person, and
$500,000 on account of any one accident resulting in injury to or death of more
than one person. The policy shall have no annual aggregate limit.
(2)
Price
Restrictions. The gaming beverage licensee, or jointly responsible
person, shall maintain a schedule of the prices charged for all alcoholic
beverages to be served in a licensed area. Such prices shall be effective and
remain constant for not less than one calendar week. An alcoholic beverage must
be either served free of charge in the gaming area in accordance with a gaming
licensee's complimentary distribution program consistent with
205 CMR
138.09: Retention, Storage and
Destruction Records or at the price set in the schedule. The
distribution of a free alcoholic beverage may not be conditioned on the
purchase of an alcoholic beverage. 205 CMR 136.07(2) shall not apply to private
functions not open to the public and shall be subject to the provisions of 205
CMR 136.07(4).
Nothing contained in
205 CMR 136.00 shall be
construed to prohibit licensees from offering complimentary food or
entertainment at any time; or to prohibit licensees from including an alcoholic
beverage 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; or to
prohibit a licensee from offering room services to registered hotel
guests.
A gaming beverage licensee and/or jointly responsible person
may conduct alcoholic beverage tastings in a licensed area of beer/malt, wine,
liqueurs, cordials and alcoholic beverages provided that food is served in
conjunction with the tasting and the IEB is provided 24-hour advance written
notice specifying the date, time, location, and type of samples to be offered
at the event. Tasting quantities shall be limited as follows:
(a) beer/malt beverage tasting samples shall
be limited to two ounces per serving;
(b) wine tasting samples shall be limited to
one ounce per serving; and
(c)
Other alcoholic beverages including liqueur and cordial samples shall be
limited to 1/4 of an ounce per serving.
(3)
Vendor and Employee License
and Registration. Each jointly responsible person must possess a
vendor license or registration issued pursuant to
205 CMR 134.00:
Licensing and Registration of Employees, Vendors, Junket Enterprises
and Representatives, and Labor Organizations and each manager or other
principal representative of a jointly responsible person must possess an
employee license or registration issued pursuant to
205 CMR 134.00:
Licensing and Registration of Employees, Vendors, Junket Enterprises
and Representatives, and Labor Organizations. No gaming beverage
licensee or jointly responsible person may receive alcoholic beverages from a
supplier unless the supplier possesses a valid vendor license or registration
pursuant to
205 CMR 134.04:
Vendors. Moreover, said supplier of alcoholic beverages must
first possess the legal authority, pursuant to M.G.L. c. 138 to supply
alcoholic beverages to a retailer licensed to operate an "on-premises" license
under M.G.L. c. 138, § 12.
(4)
Distribution of Alcoholic Beverages Free of Charge.
Pursuant to M.G.L. c. 23K, § 26(c) and St. 2011, c. 194, § 107, a
gaming beverage licensee or jointly responsible person may only distribute
alcoholic beverages free of charge for on-premises consumption to patrons in
the gaming area. Complimentary distribution must be offered in accordance with
the gaming licensee's complimentary distribution program submitted in
accordance with
205
CMR 138.13. Provided, alcoholic beverages may
be provided to patrons in a licensed area outside of the gaming area at no cost
to the patron if the alcoholic beverages are paid for by a third party other
than the gaming beverage licensee or jointly responsible person. Documentation
of any such third party payment shall be maintained by the gaming beverage
licensee for inspection upon request by the commission, or its agents,
including agents of the gaming liquor enforcement unit of the ABCC.
(5)
Postings. The
gaming beverage licensee shall post in a location continuously conspicuous to
the public within each licensed area and wherever alcoholic beverages are
served:
(a) a copy of the licensed area
addendum pursuant to 205 CMR 136.09(2) for the licensed area, and
(b) a summary of M.G.L. c. 90, § 24
prohibiting driving under the influence and stating the maximum penalties
provided therefore.
(6)
Bottle Service. If the gaming beverage licensee
intends to offer bottle service it shall detail its policies and protocols for
such service as part of its application submitted in accordance with
205 CMR
136.04(1), which shall
include, at a minimum, a requirement that alcoholic beverages be poured by an
employee of the gaming licensee who is licensed in accordance with
205 CMR 134.00:
Licensing and Registration of Employees, Vendors, Junket Enterprises
and Representatives, and Labor Organizations.
(7)
Prohibited
Distribution. A gaming beverage licensee, jointly responsible
person, and their respective agents and employees, except as otherwise provided
by 205 CMR 136.07:
(a) may not offer or
deliver more than two drinks to one individual at a time (except that a bottle
of wine may be served to one or more patrons);
(b) may not sell, offer to sell or deliver to
any person an unlimited number of drinks during any set period of time for a
fixed price (i.e., open bar), except at invitation-only
private functions not open to the public;
(c) may not 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;
(d) may not offer or deliver malt beverages
or mixed drinks by the pitcher except to two or more persons at any one
time;
(e) may not encourage or
permit any game or contest which involves drinking alcoholic beverages or the
awarding of alcoholic beverages as prizes;
(f) may not serve an alcoholic beverage to
any person who is visibly intoxicated;
(g) may not serve an alcoholic beverage to
any person who is younger than 21 years old;
(h) may not serve or distribute alcoholic
beverages at the gaming establishment between 2:00 A.M. and 8:00 A.M. subject
to 205 CMR 136.07(7)(i); and
(i)
may, with the commission's approval, serve alcoholic beverages between the
hours of 2:00 A.M. and 4:00 A.M. to patrons of the gaming establishment who are
actively engaged in gambling, as defined by M.G.L. c. 23K, § 2, in the
gaming area. Such service shall be conducted in accordance with the procedures
approved in accordance with
205 CMR
138.12.
(8)
Forms of
Identification.
(a) A gaming
beverage licensee or jointly responsible person shall use an identification
scanner to detect fraudulent identification and may rely on the following forms
of identification to demonstrate proof that a person 21 years of age or older:
1. a liquor purchase identification card
issued pursuant to M.G.L. c. 138, § 34B or a motor vehicle driver's
license issued pursuant to M.G.L. c. 90, § 8, or a liquor purchase
identification card or driver's license issued by another State in the United
States or government of a foreign country, or district therein, recognized by
the United States government;
2. an
identification card issued pursuant to M.G.L. c. 90, § 8E or the
equivalent issued by another State in the United States;
3. a valid passport issued by the United
States government, or by a government of a foreign country recognized by the
United States government; or
4. a
valid United States issued military identification card;
(b) If a gaming beverage licensee or jointly
responsible person reasonably relies on the forms of identification described
in 205 CMR 136.07(8)(a) for proof of person's identity and age, the gaming
beverage licensee or jointly responsible person shall not suffer any
disciplinary action for delivering or selling alcoholic beverages to a person
younger than 21 years old. If reliance was reasonable, such reliance creates a
rebuttable presumption that the individual so relying exercised due care in
making such delivery or sale of alcoholic beverages to a individual younger
than 21 years old for purposes of 205 CMR 136.07. Provided, this presumption
shall not affect the applicability of
205 CMR
138.07(7)(f).
(9)
Employee
Policies.
(a) The gaming
beverage licensee or the jointly responsible person must appoint in writing one
or more managers or other principal representatives for each licensed
area.
(b) At least one manager or
other principal representative must be present in each licensed area at all
times that alcoholic beverages are available for sale or distribution, and
shall be available to the division of gaming liquor enforcement of the ABCC,
the IEB, the Division of Licensing, and the gaming enforcement unit at any such
time. Further, assigned managers or principal representatives shall be
responsible to ensure that alcohol is properly stored and secured at all times
in accordance with the gaming beverage licensee's policies and protocols
approved in accordance with
205 CMR
138.12: Alcoholic Beverage
Control and in accordance with
205 CMR
138.02: Licensee's System of Internal
Controls.
(c) Before
beginning employment, the gaming beverage licensee or jointly responsible
person must receive proof that managers or other principal representatives
successfully completed a recognized alcoholic beverage server training program,
such as Training for Intervention Procedures (TIPS). The gaming beverage
licensee and jointly responsible person must ensure that all other employees
involved in the service or delivery of alcoholic beverages complete such
program within 30 days of hire. Any employee who fails to obtain such training
within 30 days of hire shall not be eligible to serve alcoholic beverages until
such time as said training is completed. The gaming beverage licensee and
jointly responsible person shall be responsible for ensuring that all employees
read, understand, and comply with the rules and regulations of the commission
and 205 CMR
136.00. The gaming beverage licensee must ensure that
all employees abide by the gaming beverage licensee's policy for responsible
alcoholic beverage services in accordance with
205 CMR
138.12: Alcoholic Beverage
Control.
(d) No gaming
beverage licensee or jointly responsible person may take any adverse employment
action against an employee for declining to serve, or refusing to allow another
to serve, a patron who he or she believes, in good faith, is younger than 21
years old, intoxicated, engaged in illegal activity, or causing a disturbance.
(10)
Quality
of Beverages.
(a)
Substitution of Beverages. The substitution of any
alcoholic beverages of a kind or brand different from that ordered by a
purchaser is prohibited unless it is done with the consent of the person making
the purchase.
(b)
Dilution. No gaming beverage licensee or jointly
responsible person shall dilute, change, or in any manner tamper with any
alcoholic beverage authorized to be sold under such license so as to change its
composition or alcoholic content. Possession on the premises of the gaming
establishment or a licensed area of any alcoholic beverage differing in
composition or alcoholic content from such beverage when received from the
manufacturer or wholesaler and importer from whom it was purchased, except
cocktails and other mixed drinks, shall be prima facie
evidence that the said beverage has been diluted, changed or tampered
with in violation of 205 CMR 136.07(10)(b).
(c)
Entry and
Samples. The commission, or its agents, including agents of the
gaming liquor enforcement unit of the ABCC, may at any time enter upon any area
of the gaming establishment, including any licensed area, for purposes of
enforcement of M.G.L. c. 23K or
205 CMR
136.00. The commission or its agents, including agents
of the gaming liquor enforcement unit of the ABCC, may at any time take samples
for analysis from any beverages or alcohol kept on such premises, and the
vessel or vessels containing such samples shall be sealed on the premises in
the presence of a representative of the gaming beverage licensee or jointly
responsible person.
(11)
Resealing of Partially Consumed Bottles of Wine.
(a) No gaming beverage licensee or jointly
responsible person shall permit a patron to retain and take off the premises of
the gaming establishment 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 is re-sealed in compliance with 205 CMR 136.07(11).
(b) Only one partially consumed bottle of
wine per patron may be resealed and removed from the gaming
establishment.
(c) 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.
(d)
Proper re-sealing requires:
1. securely
resealing the bottle of wine;
2.
placing the resealed bottle in a one-time use tamper proof transparent bag that
insures the patron cannot gain access to the bottle while in transit after the
bag is sealed;
3. securely sealing
the bag; and
4. affixing the
receipt to the sealed bag.
(12)
Public Safety.
No gaming beverage licensee or jointly responsible person shall permit
disorder, disturbance, or illegality of any kind in a licensed area or any
portion of the premises of the gaming establishment in which alcoholic
beverages are permitted to be consumed. A gaming beverage licensee must
maintain and exercise close supervision and control over the service of
alcoholic beverages in the licensed areas at all times. The commission or its
agents, including agents of the gaming liquor enforcement unit of the ABCC may,
as required in cases of public disturbance, order gaming beverage licensees and
jointly responsible persons not to sell, give away, or deliver any alcoholic
beverages in the gaming establishment, or within a specific licensed area(s),
for a period not exceeding three days at any one time. At the gaming beverage
licensee's request, a hearing in accordance with
205 CMR
101.00 shall promptly be scheduled in the event that
such order is issued to determine the need for continuation of the
order.
