Current through Chapters 1 to 249 and Chapters 253 to 255 of the 2024 Legislative Session
Section 138:25F - Tastings(a) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide wine tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 12 to conduct tastings during any consecutive 30 days. Transportation and delivery of wine by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 12 and the date of the tasting. All free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said sections 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19 and 19B may participate at wine tasting events and may handle, serve or dispense wine, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free wine lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.(b) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide wine tastings, notwithstanding said section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 15 and the date of the tasting. All such free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B, 19 and 19B may participate at such wine tasting events and may handle, serve or dispense wine or wine products, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free wine lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.(c) Licensees under section 18, 19 or 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide malt beverages tastings, notwithstanding the provisions of section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during a 30-day period. Transportation and delivery of such malt beverages by the licensee under said section 18, 19, or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 12 and the date of the tasting. All such free malt beverages delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19, and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free malt beverages lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purpose of this paragraph, the word "supplier" shall mean a licensee under said section 19, 19C, or 19D or a holder of a certificate of compliance under said section 18B.(d) Licensees under sections 18, 19 and 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide malt beverages tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during a 30-day period. Transportation and delivery of such products by the licensee under section 18, 19 or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 15 and the date of the tasting. All such free malt beverages delivered but not used during the tasting shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B, 19 and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free malt beverages lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19, 19C or 19D or a holder of a certificate of compliance under said section 18B.(e) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such liqueurs and cordials by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free liqueurs and cordials being delivered to the licensee under said section 12 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve or dispense liqueurs and cordials either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.(f) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of liqueurs and cordials being delivered to the licensee under said section 15 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve and dispense liqueurs and cordials products, either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under section 19 or a holder of a certificate of compliance under section 18B.(g) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 12 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials and may handle, serve or dispense such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by the licensee under said section 18, notwithstanding the provisions of section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.(h) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 15 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, and may handle, serve or dispense alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by said licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word "supplier" shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.Mass. Gen. Laws ch. 138, § 25F
Added by Acts 2002, c. 514, § 4, eff. 4/1/2003.