Section 138:64 - Modification, suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds(a) The licensing authorities after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee has violated or permitted a violation of any condition thereof, or any law of the commonwealth. If at any hearing a licensee is charged with serving or selling alcohol or alcoholic beverages to a person under 21 years of age, written notice of said allegations shall be sent by the licensing authorities to the parent or guardian of such person. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked, and if the licensee is the owner of the premises described in such revoked license, no license shall be issued to be exercised on said premises for the residue of the term thereof.(b) If it appears to the commission that a license has been issued under this chapter by the local licensing authorities in excess of the quota prescribed by section 17 or in violation of section 16A or any other provision of this chapter, the commission shall, after notice to said authorities and to the holder of such license and after reasonable opportunity to be heard, revoke such license, whereupon such license shall be surrendered to said authorities, and the decision of the commission shall be final and conclusive. The holder of a license so revoked shall not be subject to prosecution for any sales theretofore made by the licensee under such license on the ground that such license was illegally issued. The city or town whose licensing authorities issued any license so revoked shall forthwith refund to the holder thereof the entire fee paid therefor and authority is hereby granted to such city or town to pay the same out of any funds available.(c) The commission after notice to the licensee and after providing such licensee with a reasonable opportunity to be heard, may modify, suspend, revoke or cancel a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license upon satisfactory proof that the licensee has violated or permitted a violation of sections 34, 34C or 69 or any regulation of the alcoholic beverages control commission related to possession of an alcoholic beverage by a person under 21 years of age, or any condition of the license. The commission may accept a fine or civil administrative penalty in lieu of suspension of the license pursuant to section 23.Mass. Gen. Laws ch. 138, § 138:64
Amended by Acts 2024, c. 140,§ 139, eff. 7/1/2024.