The Law Offices of John P. Connell, P.C.: There is a new type of State license that licensees of farmer-breweries, farmer-wineries and farmer-distilleries should now apply for when seeking authorization to allow the sale of alcoholic beverages on their premises. Pursuant to an advisory issued by the Alcoholic Beverages Control Commission (“ABCC”) on August 17, 2013, any licensed farmer-brewery, farmer-winery or farmer-distillery wishing to allow consumption of alcoholic beverages on the premises of its establishment, will now need to apply for the new “Farmer Series Pouring Permit” pursuant to §§§19B(n), 19C(n), and 19E(o), respectively.
Previously, farmer-breweries, farmer-wineries and farmer-distilleries seeking to apply for a “pouring” license would do so pursuant to Chapter 138, Section 12 of the Massachusetts General Laws. Section 12 authorizes “pouring” licenses of the following six types: Restaurant, Club, Tavern, Veterans Club, Hotel and General On-Premises. Effective July 13, 2013, however, farmer-breweries, farmer-distilleries and farmer-wineries will no longer apply for the “restaurant pouring permit” as they did previously. Rather, those licensees who wish to sell alcoholic beverages on premises, such as a farmer-brewer selling beer in a brewery tap room or beer hall, will apply for one of the new “farmer series pouring permits” via the ABCC’s website. To do so, the licensee’s existing farmer-brewery, farmer-winery, or farmer-distillery license must be attached to the application.
On the other hand, those farmer-breweries, farmer-distilleries and farmer-wineries which are already authorized to allow drinking on premises, who already have a “restaurant pouring permit” for their establishment, should petition to the ABCC, in the form of a written letter, by the end of the year for “reclassification” of their license. The petitioning licensee will then acquire the status of a “farmer series pouring permit” holder upon the annual renewal of its existing license.
© Law Offices of John P. Connell, P.C., 2013.