Massachusetts

The Alcoholic Beverages Control Commission is an agency under the Massachusetts State Treasury. Its overall objective is to provide uniform control over the sale, transportation, possession, purchasing, and manufacturing of alcoholic beverages in the state.

Laws & Rules:

• MGL c. 138 Alcoholic Liquors
• ABCC Regulations
• Notice of Regulation Inducements 204 CMR 2.08 (issued Dec. 18, 2019)
• Excise Tax Rates

Required: Yes

Name: Certificate of Compliance

Fee:

• $200 under 5000 cases
• $500 over 5000 cases

Expiration: Dec. 31st of each year

A Certificate of Compliance holder can only sell to licensed Massachusetts Wholesalers.

Massachusetts has a franchise law for wine. A list of brand products and wholesalers must be listed on the application for a Certificate of Compliance.

Resources:

• eLicensing Portal
• Certificate of Compliance Instructions

Required: No

Price Posting: Yes

Label registration and/or approval for wine products is not required, however price posting is required.   Certificate of Compliance holders must post prices for any new products and price changes changes for any listed products through the through the eLicensing and ePermitting portal. Price changes should be submitted one month in advance.

Resources:

• How to Submit a Master Price Posting Amendment
• Master Price Posting Template

Franchise Law: Yes

Exclusive Territories: No Territorial Provisions

Please review the law in its entirety and consult legal counsel prior to taking any action.

It is unlawful for a winery to refuse to sell to a wholesaler that has purchased its brand during the previous 6 months without good cause.

Good cause is limited to specific conduct: disparaging supplier or product, failure to exert best efforts, engaging in improper trade practices and failure to comply with agreed upon terms of sale.

120 days notice of termination is required stating all grounds for action. Either party may appeal to the ABC for a hearing and ABC determines good cause; otherwise legal remedies are not specified.

No provisions dealing with a business transfer.

Resources:

• MGL c. 138, § 25E

Required: Yes

Name: Report Of Alcoholic Beverages Shipped Into Massachusetts

Due Date: Monthly, by the 20th

A monthly report of shipments to licensed wholesalers must be filed with the Massachusetts Department of Revenue by all suppliers. Pursuant to Massachusetts G.L. c. 138, s. 21 licensed wholesalers are liable for paying the excise tax to the commonwealth.

Resources:

• Report of Alcoholic Beverages Shipped into Massachusetts (Form AB-10)

Available: Yes

Fee: $350

Expiration: Dec. 31st of each year

A Certificate of Compliance holder who wishes to have a licensed salesman in Massachusetts must obtain a Broker license. Only persons who are residents of Massachusetts are eligible to hold a Salesman license. A salesman permit authorizes the permit holder on behalf of their employers to solicit orders for alcoholic beverages from any licensee to whom their employers are authorized to sell such beverages.  If the salesman wishes to transport samples, they must also obtain a Transportation and Delivery permit.

There is a $200 fee for a Salesperson and a $150 fee for a Transportation permit.

Applicants must apply through the eLicensing and ePermitting Portal. Please note the transportation and delivery permit is built into the salesman application.

Resources:

• How to Apply for a Salesman Permit
• How to Apply for a Transportation and Delivery Permit
• Advisory Regarding Salesman Permit Applications

License: Not Allowed

Interstate self-distribution is not permitted.

• ABCC Frequently Asked Guidelines
• ABCC Advisories
• ABCC Advisory Regarding Consolidated Buying
• ABCC Advisory Regarding Cannabis in Alcoholic Beverages