Massachusetts caterers gained a victory at the State House when their Massachusetts Restaurant Association sponsored proposal passed both the Senate and House of Representatives on July 26, 2012. The Bill authorizes the ABCC to issue a new category of liquor license – an “annual caterers license” – for the purchase of alcohol from wholesalers, storage, transportation and sale at private functions, not open to the public. Senator Michael Rodrigues (D-Westport) and Representative Paul McMurtry (D-Dedham), were joined by seven co-sponsors in offering the proposal. The proposal now must be endorsed by the Governor before its enactment.
Massachusetts law governing caterers has been ambiguous and difficult to navigate. Traditionally, caterers held a transportation license pursuant to Mass. Gen. Laws ch. 138, section 22 and liquor liability insurance. Caterers, additionally, would be charged with pulling a one-day special license for serving/pouring alcoholic beverages at venues that did not hold an all alcoholic beverage, or beer and wine license itself. The securing of a special one-day license was burdensome in that the applicant had to apply with the local licensing authority and secure the approval of the local police.
With the passing of this Bill, caterers licensed under the caterer license will be able to lawfully transport alcohol without securing a section 22 license as it is now under the purview of the caterer license and, additionally, will not be compelled to pull a one day special license when operating at a venue that lacks its own license. On the other hand, the caterer license holder must maintain liquor liability insurance; limit service of alcohol to five hours during any catered event; and pay an annual license fee of fifteen hundred dollars.
The ABCC will be charged with issuing further guidance and regulations to implement this new legislation. Presuming the Governor signs off, caterers can expect smooth sailing ahead.
CONTRIBUTED BY ROBIN E. SOSNOW