Recent ABCC decisions show the risk of purchasing from other nearby or out-of-state retailers.
The Alcoholic Beverages Control Commission (ABCC) routinely disciplines package stores, restaurants and bars for buying liquor from other retailers, or for holding such liquor on their premises. Under Massachusetts’ law, a retailer is prohibited from purchasing alcoholic beverages from any source other than a wholesaler. 138 MGL § 18.
Despite the law, some retailers do purchase alcoholic beverages from other retailers either because of a quick need for such inventory or because such inventory can be purchased cheaper there than from a wholesaler, such as at New Hampshire State Liquor Stores. Whatever the purpose, the ABCC may investigate and modify, suspend or even revoke the establishment’s liquor license for such violation pursuant to 138 MGL §23.
A review of the most recent ABCC decisions, wherein retailers were found to have on their shelves bottles of alcoholic beverages that were in fact purchased from another retailer, carried stiff penalties. Indeed, it appears that a 14 day liquor license suspension was the norm for such a violation without any evidence of prior violations. It would therefore be prudent for the retailer in Massachusetts not to risk the short term convenience or short term cost savings associated with having some other retailer’s product on its shelves.