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intoxicating

1855, 215, § 1.

1 SECTION 2. Ale, porter, strong beer, lager beer, cider, all Definition of 2 wines, any beverage which contains more than one per cent of or 3 alcohol, by volume, at sixty degrees Fahrenheit, and distilled 4 spirits, shall be deemed to be intoxicating liquor within the meaning 5 of this chapter.

1868, 141, § 21.

G. S. 86, § 28. 1,415, $30.

1888, 219.

P. S. 100, § 27.
149 Mass. 314.

1870, 389, § 1.
1871, 334, § 1.
1875, 99, § 18.

119 Mass. 208.

161 Mass. 61.

1880, 239, § 5.

133 Mass. 575.

BOARD OF LICENSE COMMISSIONERS.

1

missioners.

1878, 244, 2.

1895, 379.

SECTION 3. In each city which is not exempt by the provisions License com2 of section nine there shall be a board of license commissioners con- 1875, 99, § 20. 3 sisting of three persons who shall be appointed by the mayor, who P. S. 100, § 28. 4 shall not be engaged, directly or indirectly, in the manufacture or 1894, 428, §§ 1, 2. 5 sale of intoxicating liquors, who shall have been residents of the city 1896, 396. 6 in which they are appointed for at least two years immediately pre7 ceding their appointment, and who shall not hold any other public 8 office except that of notary public and justice of the peace. One 9 member shall be appointed from each of the two leading political 10 parties and the third member may also be appointed from one of 11 said parties. If any member of said board engages directly or 12 indirectly in such manufacture or sale, his office shall immediately 13 become vacant.

1 SECTION 4. The terms of office of the members first appointed 2 shall commence at the date of their appointment, and shall be so 3 arranged as to expire at the end of two, four and six years from the 4 first Monday in June in the year of their appointment, the date of 5 expiration to be specified in their respective commissions; and 6 thereafter a member shall be appointed for a term of six years from 7 the first Monday in June of the year in which the previous term 8 expires. All members shall hold office until their respective suc9 cessors are appointed and qualified. They may be removed by the 10 mayor for cause, after charges preferred, reasonable notice thereof, 11 and a hearing thereon; and the mayor shall, in the order of removal, 12 state his reasons therefor. Any member of said board may, within 13 seven days after notice of his removal, apply to the superior court 14 for a review of the charges, of the evidence submitted thereunder, 15 and of the findings thereon by the mayor. Notice of the entry of 16 such application shall be given to the mayor by serving upon him 17 an attested copy thereof. The entry fee, costs, and all proceedings 18 upon such application shall be according to the rules regulating the 19 trial of civil causes. The court, after a hearing, shall affirm or revoke 20 the order of the mayor removing such commissioner, and there 21 shall be no appeal from his decision.

Terms of office, 1894, 428, § 2.

removals, etc.

1896, 396.

1 SECTION 5. The mayor shall designate one member as chairman, Chairman, 2 who shall also act as secretary. Two members shall be a quorum 1894, 428, § 3. 3 for the transaction of business. If a member ceases to be a resident

vacancies, etc.

4 of the city for which he is appointed or becomes unable to perform 5 his official duties, there shall be a vacancy in the board. All vacan6 cies shall be filled by the mayor for the residue of the unexpired 7 term in the manner provided for an original appointment.

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SECTION 6. Each city which has such a board shall provide it Salaries, 2 with suitable rooms, properly furnished, heated and lighted, shall 1894, 428, § 6.

rooms, etc.

Powers, etc., to

vest in mayor

when.
1894, 428, § 7.

SECTION 7. If, at any annual city election, a city in which such 1 and aldermen, board has been appointed shall not vote to authorize the granting 2 of licenses for the sale of intoxicating liquor, all obligations imposed 3 upon said city by the provisions of the preceding section shall cease 4 from and after the first Monday in June next following such vote 5 and, from and after said date, the powers and duties granted to and 6 imposed upon said board in respect to sixth and seventh-class 7 licenses and licenses of innholders and common victuallers shall vest 8 in the mayor and aldermen of said city. If said city shall, at a sub- 9 sequent annual city election, again vote to authorize the granting of 10 licenses for the sale of intoxicating liquor, the obligations imposed 11 by the provisions of the preceding section shall be revived and shall 12 attach to said city from and after the first day of March next follow- 13 ing such vote and, from and after said date, the powers and duties 14 of the mayor and aldermen relative to licenses for the sale of intox-15 icating liquor and licenses of innholders and common victuallers 16 shall revest in the board of license commissioners appointed in said 17 city.

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Cities exempt, when. 1894, 428, § 10.

pay such salaries as the city council, subject to the approval of the 3 mayor, may from time to time establish, and shall also pay all ex- 4 penses incurred by said board for blank books, printing and other 5 necessary expenses approved by said board, not exceeding one 6 thousand dollars in any one year.

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Record and report.

SECTION 8. Each board shall keep a record of its doings and 1 1894, 428, §§ 8, 9. hearings and shall make a quarterly report of its doings to the 2

Licenses, how granted.

1878, 244, § 2.

1-75, 99, §§ 4, 20. 1881, 54, $$ 1, 2. PS. 100, §§ 5,

28.

1885, 83.
1885, 323, § 2.
1894, 428, § 4.
1896, 397, § 10.
1897, 398, § 1.
119 Mass. 205.
126 Mass. 542.

mayor. It may prescribe the forms of applications for licenses, may 3 require any statement which may be made made before it and papers 4 which may be filed with it relative to applications for licenses to be 5 sworn to, and for such purpose, any member may administer oaths. 6

SECTION 9. The following cities are exempt from the operation 1 of the six preceding sections: First, Cities which have a license 2 commission or board of police created by special statute or under 3 the provisions of a charter. Second, Cities which have not, at any 4 annual city election since the year eighteen hundred and ninety-two, 5 voted to authorize the granting of licenses for the sale of intoxi- 6 cating liquors; but if any such city hereafter, at an annual city 7 election, votes to authorize the granting of such licenses, a board 8 shall, thereupon, in the February following, be appointed for such 9 city as above provided, and the provisions of the six preceding sec- 10 tions shall thereafter apply to said city. 11

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GRANTING OF LICENSES.

SECTION 10. In a city which at its annual city election, or in a 1 town which at its annual town election, votes to authorize the grant- 2 ing of licenses for the sale of intoxicating liquors, as hereinafter 3 provided, licenses of the first five classes mentioned in section eight- 4 een may be granted annually to applicants therefor by the board of 5 police in Boston, by boards of license commissioners in other cities 6 and by selectmen in towns, and in any city or town, licenses of the 7 sixth class and seventh class mentioned in said section may be 8

433.

389.

9 granted annually to applicants therefor by the board of police in 136 Mass. 50, 10 Boston, by boards of license commissioners in cities having such 150 Mass. 272, 11 boards, by the mayor and aldermen in other cities, and by the select- 176 Mass. 67. 12 men in towns. Every license shall, in Boston, be signed by the 13 board of police, in cities having boards of license commissioners, 14 by members of said boards, in other cities, by the mayor and city 15 clerk, and in towns, by the chairman of the selectmen and town 16 clerk, and it shall be recorded in Boston, in the office of the board 17 of police, in cities having boards of license commissioners, in the 18 office of said board, and in other cities and towns, in the office of 19 the city or town clerk, and the licensee shall pay the recording 20 officer one dollar for recording the license. It shall name the per21 son licensed, shall set forth the nature of the license and the building 22 in which the business is to be carried on, and shall continue in 23 force until the first day of the May next ensuing, unless sooner 24 forfeited or rendered void. The aldermen and selectmen, respec25 tively, shall insert in the warrant for the annual city election or 26 town meeting an article providing for a vote upon the question, 27"Shall licenses be granted for the sale of intoxicating liquors in 28 this city [or town]?" The clerk of each city or town shall, within see c. 11, §§ 194. 29 thirty days after such vote is taken, transmit a true statement thereof 340, 347. 30 to the secretary of the commonwealth; and shall annually, in No31 vember, make a return to said secretary, showing the number of 32 licenses of each class issued, the amount received for the same by 33 classes and the number revoked if any.

duties.

1 SECTION 11. The board of license commissioners shall certify to Powers and 2 the city clerk, the city treasurer and the chief of police or city 1894, 428, § 5. 3 marshal the name of each applicant for a license, the name of each 4 person to whom a license is issued, the date when each license 5 goes into effect, the premises on which it is to be exercised, the 6 class of the license, each change of location by a licensee, and each 7 transfer of a license ordered by it.

for licenses,

1883, 93.

1 SECTION 12. The licensing board of a city or town which has Applications 2 voted to authorize the granting of licenses for the sale of intoxicat- when receiv 3 ing liquor may, during March and April, receive applications for 4 such licenses, publish, investigate and act thereon, and may, in 5 April, grant such licenses, to take effect on the first day of May 6 following.

1

licenses

1888, 340.

440.

167 Mass. 290.

SECTION 13. In cities and towns which vote to authorize the Number of 2 granting of licenses for the sale of intoxicating liquors, the number limited. 3 of places licensed for the sale of such liquors shall not exceed one for 1892, 280. 4 each one thousand of the population as ascertained by the last pre- 1899, 248; 341; 5 ceding national or state census, but one such place may be licensed 462. 6 in any town having a population of less than one thousand. In 7 Boston, one such place may be licensed for each five hundred of the 8 population, but in no event shall the total number of licensed places 9 therein exceed one thousand. No more than one such place shall 10 be licensed by any one vote of the licensing board. Such licenses. 11 shall be numbered in regular order as granted, and any license 12 granted contrary to, or in excess of, the provisions of this section 13 shall be void; but in a town voting as aforesaid at its last annual

Notice of application for license to be published. 1881, 255, § 1. P. S. 100, § 6. 1882, 222. 1885, 323, § 2. 1894, 428, § 4. 136 Mass. 50. 138 Mass. 346. 176 Mass. 67.

town meeting which has less than five thousand permanent residents 14
according to the last preceding state or national census but has 15
an increased resident population during the summer months, the 16
selectmen may, on or before the fifteenth day of May in any year, 17
apply to the chief of the bureau of statistics of labor to have an 18
enumeration made of the temporary or summer residents of such 19
town. Said chief shall thereupon make such enumeration, between 20
the twenty-third and the twenty-eighth day of June next follow-21
ing, under such rules as he shall establish. A person who has 22
not been a resident of such town for at least three days preced- 23
ing the enumeration shall not be regarded as a temporary or 24
summer resident thereof. Said chief may employ, for such enumer- 25
ation, such persons as may be necessary, who shall in all cases be 26
residents of the town if suitable and competent persons can be 27
found; otherwise, non-residents may be employed. The chief 28
shall report the total number of such temporary or summer resi-29
dents to the selectmen of the town on or before said twenty-30
eighth day of June. The expenses incurred in making such special 31
enumeration shall be paid by the commonwealth. The treasurer 32
and receiver general shall thereupon issue his warrant, as provided 33
in section thirty-four of chapter twelve, requiring the assessors of 34
such town to assess a tax to the amount of the expense incurred 35
in making this special enumeration, and such amount shall be col- 36
lected and paid over to the treasurer and receiver general in the 37
same manner as other state taxes. The selectmen may, in April, 38
receive applications for such licenses and investigate and publish 39
the same; and may grant one such license for each five hundred of 40
such temporary resident population, not including the permanent 41
inhabitants of such town, as ascertained by said special enumeration, 42
to take effect on the first day of July and to expire on the first day 43
of October next following. A selectman, member of a licensing 44
board or census enumerator who violates any provision of this 45
section shall be punished by a fine of not less than five hundred nor 46
more than
dollars.
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SECTION 14. Notice of all applications for licenses shall, at the 1 expense of the applicant, to be paid in advance, be published in the 2 following manner: in the city of Boston, by the board of police in 3 two or more daily newspapers published therein; and in the Charles- 4 town, East Boston, South Boston, Dorchester, Roxbury, West Rox- 5 bury and Brighton districts of said city, respectively, in at least one 6 weekly newspaper published in the district in which the premises for 7 which the license is asked are situated, if any is there published; 8 in cities having boards of license commissioners, by said boards, 9 and in other cities and towns, by the mayor and aldermen and the 10 selectmen respectively, in such newspapers, printed therein and 11 published at least once a week, as they may designate; or if no 12 such newspaper is printed therein, then by posting such notice in 13 a conspicuous place on the premises described in the application for 14 the license, and in two or more places in which public notices are 15 usually posted in the neighborhood. Such notice shall set forth the 16 name of the applicant in full, the class of the license applied for, 17 a particular description of the premises on which the license is 18 to be exercised, designating the building or part of a building to 19

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20 be used, and, if practicable, the street and number, and shall be 21 published at least ten days before the licensing board acts thereon. 22 If a license is granted without such previous publication, any citizen 23 of the city or town within which such license is issued may make 24 complaint to the police, district or municipal court, or the trial 25 justice having jurisdiction therein; and if, after due hearing, it 26 appears that such notice was not given, the court or justice shall 27 revoke the license and give notice thereof to the board which 28 issued it.

1

owner may

1881, § 2.

1887,

Mass. 344.

SECTION 15. If before the expiration of the ten days following Adjoining 2 the publication of the notice, as required by the preceding section, object. 3 the owner of any real estate within twenty-five feet of the premises 1,255, 4 described in an application for a license to be exercised by a com- 1,323. 5 mon victualler to sell liquors to be drunk on the premises notifies 176 Mass. 67. 6 the licensing board in writing that he objects to the granting of the 7 license, no license to sell intoxicating liquors to be drunk on said 8 premises shall be granted. If, after such objection has been filed, 9 a license is granted, the owner of any such real estate may apply 10 for a hearing to a police, district or municipal court or trial justice 11 within whose jurisdiction the premises are situated; and said court 12 or trial justice, if it appears that due notice was given by the said 13 owner of his objection to the granting of such license, shall revoke 14 the license and send notice thereof to the licensing board. A city 15 or town in which such license has been so revoked shall refund to 16 said licensee or his legal representatives the money expended by 17 him for said license and his court fees and costs.

Licenses may unfit persons.

be refused to

1 SECTION 16. The licensing board may at any time refuse to issue 2 a license to a person whom it considers unfit to receive the same; 3 but the provisions of this chapter shall not be so construed as to P. S. 100, § 8. 4 compel said licensing board to grant licenses.

1875, 99, 5.

127 Mass. 140.

CONDITIONS OF LICENSES.

1

SECTION 17. Each license shall be expressed, to be subject to Licenses, 2 the following conditions:

conditions of. 1875, 99, § 6.

P. S. 100, § 9.

3 First, That the provisions in regard to the nature of the license, 4 and the building in which the business may be carried on under 5 it, shall be strictly adhered to.

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6 Second, That spirituous or intoxicating liquor shall not be sold 188 Mass. 490. 7 between the hours of eleven at night and six in the morning or on

140 Mass. 289. 145 Mass. 244.

8 the Lord's day; but if the licensee is also licensed as an innholder 177 Mass. 221. 9 he may, between the hours of six in the morning and eleven at

10 night on the Lord's day, supply such liquors to guests who have 11 resorted to his inn for food or lodging.

12 Third, That spirituous or intoxicating liquor shall not be sold, 1896, 272. 13 exchanged or delivered, or exposed, offered or kept for sale, ex14 change or delivery, upon the licensed premises, unless it is of good 15 standard quality and is free from any adulteration prohibited in the 16 Pharmacopoeia of the United States or by the laws relative to adul17 teration of drugs and food, for either a food or a drug. If it is 18 marked, labelled or represented as being the product of any foreign 19 country, it shall also be of the standard quality required for its legal

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