1880, 239, § 3. 1884, 158. 143 Mass. 95, 132. 145 Mass. 311. 155 Mass. 284. 1891, 369. 1880, 239, § 1. 1888, 254; 262. 1889, 361. 1891, 369. 1893, 417, § 9. 1896, 162,1§ 2. 150 Mass. 188. 1891, 369. 147 Mass. 374. sale for domestic use in the country of its reputed production. All 20 such liquors which are sold, exchanged or delivered, or which are 21 exposed or kept for sale, exchange or delivery, under a license of 22 the sixth class, shall be of the quality required for their sale as 23 drugs under the provisions of the laws relative to the adulteration 24 of drugs and food. 25 Fourth, That liquor shall not be sold or delivered on the 26 licensed premises to a person who is known to be a drunkard, to 27 an intoxicated person, or to a person who is known to have been 28 intoxicated within the six months last preceding, or to a minor, 29 either for his own use, the use of his parents or of any other person, 30 or to a person known to have been supported in whole or in part 31 by public charity at any time during the twelve months last pre-32 ceding the date of the license. 33 Fifth, That there shall be no disorder, indecency, prostitution, 34 lewdness or illegal gaming on the licensed premises or on any 35 premises connected therewith by an interior communication. 36 Sixth, That the license, or a copy thereof certified by the record-37 ing officer of the licensing board or by the clerk of the city or town 38 by which it is issued, shall be displayed on the premises, in a con- 39 spicuous position, where it can easily be read. 40 Seventh, That the license shall be subject to forfeiture, as herein 41 provided, for breach of any of its conditions; and that, if the 42 licensee is convicted of a violation of any of such conditions, his 43 license shall thereupon become void. 44 Each license of the first five classes shall be subject to the further 45 condition that the licensee shall not sell, give away or deliver on 46 the licensed premises any intoxicating liquors on a legal holiday as 47 defined in section five of chapter eight or on any day on which a 48 national, state, city or annual town election is held in the city or 49 town in which the licensed premises are situated, except the day of 50 an election in a city if such election is not required to be held in the 51 ward in which the licensed premises are situated; but this condition 52 shall not apply to a wholesale druggist who, on the day of an 53 election as aforesaid, sells, gives away or delivers intoxicating 54 liquors on the licensed premises, nor to an innkeeper who sells, 55 gives away or delivers in his inn any intoxicating liquor to a duly 56 registered guest; but an innkeeper shall not upon such holiday sell, 57 give away or deliver intoxicating liquor in his inn under a fourth 58 or fifth class license. 59 Each license of the first three classes shall be subject to the further 60 condition that the licensee shall hold a license as an innholder or 61 common victualler and that he shall not serve any spirituous or 62 intoxicating liquor at a table or tables in any room in which the 63 exclusive or principal business carried on is the sale of such liquors. 64 Each license of the first three classes issued to a common victualler 65 150 Mass. Iss, shall specify the room or rooms in which such liquor shall be kept 66 or sold, and the holder of such license shall not keep, sell or deliver 67 any such liquors in any room or part of a building not so specified. 68 Each license of the second, third, fifth or seventh class shall be 69 subject to the further condition that no spirituous or intoxicating 70 liquors except those the sale of which is allowed by the license shall 71 be kept on the licensed premises. 272. 1891, 369. 72 1 1234 SECTION 18. CLASSES OF LICENSES. Licenses shall be of the following classes : First class. To sell liquors of any kind, to be drunk on the 3 premises. Second class. To sell malt liquors, cider and light wines con5 taining not more than fifteen per cent of alcohol, to be drunk on 6 the premises. 7 Third class. To sell malt liquors and cider, to be drunk on the 8 premises. 9 Fourth class. 10 the premises. 11 To sell liquors of any kind, not to be drunk on Fifth class. To sell malt liquors, cider and light wines contain12 ing not more than fifteen per cent of alcohol, not to be drunk on 13 the premises. 14 Sixth class. Licenses to retail druggists and apothecaries to 15 sell liquors of any kind for medicinal, mechanical or chemical pur16 poses only, and to such persons only as may certify in writing for 17 what use they want them. 18 Seventh class. Licenses to dealers in paints or in chemicals to 1897, 398, § 1. 19 sell alcohol for mechanical, manufacturing or chemical purposes only. 1 FEES FOR LICENSES. SECTION 19. The fees for licenses shall be as follows: 234567 For a license of the fourth class, not less than three hundred 6 dollars. For a license of the fifth class, not less than one hundred and fifty 8 dollars. 9 1 Fees for 1875, 99, § 8. licenses. P. S. 100, § 11. 1888, 341. 1878, 203, § 1. 1897, 398, § 1. on death of SECTION 20. If a licensee dies before the expiration of the Refunding fee 2 term of his license, the city or town by which it was granted may licensee. 3 refund to his executor or administrator a part of the license fee, 1897, 227, § 1. 4 proportionate to the unexpired term of the license, and a propor5 tionate part of the percentage which has been paid to the common6 wealth shall be refunded to the city or town. DRUGGISTS AND APOTHECARIES. 1 SECTION 21. Druggists and apothecaries may sell pure alcohol 2 for medicinal, mechanical or chemical purposes; and wholesale 3 druggists and apothecaries may also sell liquor of any kind, not to 4 be drunk on the premises, under a license of the fourth class. 1 SECTION 22. No license for the sale of spirituous or intoxicating Licenses to 2 liquor, except of the sixth class, shall be granted to retail druggists 3 or apothecaries. One or more licenses of the sixth class shall be 4 granted annually by the board of license commissioners of cities, or 5 by the mayor and aldermen of cities having no such board, by the 6 board of police of the city of Boston or by the selectmen of towns 155 Mass. 273. Certificate of fitness for license. 1889, 270. 1894, 435. 1896, 397, § 11. License to be void, when. 1893, 472, § 5. 1896, 397, § 12. Sale only on certificate. 1838, 157, § 2. 1855, 215, § 2. G. S. 86, § 26. 1869, 415, § 28. 1870, 389, § 4. 1875, 99, § 2. P. S. 100, § 2. to retail druggists or apothecaries who are registered pharmacists 7 actively engaged in business on their own account, upon presenta- 8 tion to the licensing board of the certificate of fitness prescribed by 9 the following section, if it appears that the applicant is a proper 10 person to receive such license, and is not disqualified to receive it 11 under the provisions of sections fifty-three and fifty-four. A reg-12 istered pharmacist who owns stock of the actual value of at least 13 five hundred dollars in a corporation which has been incorporated 14 for the purpose of carrying on the drug business, and who conducts 15 in person the business of a store of such corporation, shall be con-16 sidered as actually engaged in business on his own account and as 17 qualified to receive a license for such store. 18 SECTION 23. The board of registration in pharmacy may, upon 1 the payment by an applicant for a license of the sixth class of a 2 fee of not more than one dollar, issue to him a certificate, which 3 shall not be valid after one year from its date, stating that in the 4 judgment of said board he is a proper person to be entrusted with 5 such license and that the public good will be promoted by the grant- 6 ing thereof. Any registered pharmacist against whom no com- 7 plaints have been made to said board may be considered a proper 8 person to receive such certificate. If complaint is made, it shall 9 state in writing the reason why a certificate should be withheld. 10 SECTION 24. A license of the sixth class shall become null and 1 void without any process or decree, if the registered pharmacist to 2 whom it has been granted ceases to conduct his business in person 3 and on his own account, or upon the revocation of his certificate of 4 registration as a pharmacist, unless the registered pharmacist has 5 become unable to so conduct his business or has died, and his busi- 6 ness is continued by his wife, widow, executor or administrator 7 under another registered pharmacist. 8 SECTION 25. Retail druggists and apothecaries shall not sell 1 intoxicating liquor of any kind for medicinal, mechanical or chemical 2 purposes except upon the certificate of the purchaser, which shall 3 state the use for which it is wanted, and which shall be immediately 4 cancelled at the time of sale in such manner as to show the date of 5 1887, 431, 1,2. cancellation. They shall not, when making such sales upon the pre- 6 scription of a physician, be subject to the provisions of the second 7 clause of section seventeen. 1896, 397, §§ 10, 13. 147 Mass. 161. 148 Mass. 160. 156 Mass. 233. Entry book for 1872, 271. 158 Mass. 482, 499. 8 SECTION 26. Every retail druggist and apothecary shall keep a 1 book in which he shall enter, at the time of every such sale, the date 2 1869, 415, § 28. thereof, the name of the purchaser, the kind, quantity and price of 3 said liquor, the purpose for which it was sold, and the residence by 4 street and number, if there be such, of said purchaser. The pur- 5 chaser shall sign his name in said book as part of said entry. If 6 such sale is made upon the prescription of a physician, the book 7 shall also contain the name of the physician and shall state the use 8 for which said liquor is prescribed and the quantity to be used for 9 such purpose, and shall be cancelled in the manner before provided 10 with reference to certificates. Said book shall be in form substan- 11 tially as follows: 12 1 inspection. 1855, 215, § 2. 1869, 415, § 28. 1878, 203, § 2. G. S. 86, § 26. 1872, 271. SECTION 27. The book, certificates and prescriptions provided Books open to 2 for in the two preceding sections and the book provided for in sec3 tion thirty-two shall at all times be open, in the city of Boston, to 4 the inspection of the board of police, and in all other cities and 5 towns, to the inspection of the mayor and aldermen, board of license 6 commissioners, selectmen, overseers of the poor, sheriff's, constables, 7 police officers and justices of the peace. 1 SECTION 28. Whoever makes or issues a false or fraudulent cer2 tificate or prescription referred to in sections twenty-five and 3 twenty-six shall be punished by a fine of ten dollars. use 1 SECTION 29. Whoever, not being a registered pharmacist, pro- LICENSES TO DEALERS IN PAINTS AND CHEMICALS. 100, $3. 1, 15. 1887, 431, § 4. 1897, 398, § 4. Penalty for fat certif. false 1887, 431, § 5. 1896, 397, § 16. dealers in paints, etc. 1897, 398, § 1. 1 SECTION 30. The board of license commissioners, the board of Licenses to 2 police of the city of Boston, the mayor and aldermen of a city 3 having no board of license commissioners or the selectmen of a 4 town may annually grant a license of the seventh class, for the sale 5 of pure alcohol for mechanical, manufacturing or chemical purposes 6 only, to a dealer in paints or in chemicals who applies therefor, if it 7 appears that the applicant is a proper person to receive such license. 8 and that he is actually carrying on business as a dealer in paints or 9 in chemicals. 1 1897, 398, § 2. SECTION 31. A license of the seventh class shall become null - void, when. 2 and void without any process or decree if the licensee ceases to carry 3 on the business of dealing in paints or in chemicals. 1 SECTION 32. Every dealer in paints or in chemicals to whom Entry book for 2 such license is granted shall keep a book in which he shall enter, at 17,398, § 3. sales. 3 the time of every sale of alcohol, the date thereof, the name and See § 27. 4 residence of the purchaser, his residence by street and number, if 5 there be such, the quantity and price of the alcohol sold, and the 6 purpose for which it is to be used. 7 substantially as follows: Said book shall be in form Original 1855, 215, §§ 2, 4. Entrances and screens on licensed prem ises regulated. 1880, 239, § 2. 1881, 225. P.S. 100, § 12. 1882, 259, § 1. 133 Mass. 192, 404. 134 Mass. 197. 140 Mass. 411, 447. 321. 145 Mass. 244. IMPORTATION IN ORIGINAL PACKAGE. SECTION 33. Importers of liquor of foreign production which is 1 imported under authority of the laws of the United States may 2 own, possess, keep or sell such liquor in the original casks or pack- 3 ages in which it was imported and in quantities not less than those 4 in which the laws of the United States require such liquor to be 5 imported, and, when sold, it shall be as pure and unadulterated as 6 when imported. REGULATION OF LICENSED PLACES. 7 SECTION 34. The board which grants a license may require the 1 licensee to close permanently all entrances to the licensed premises 2 except those from the public street or streets upon which such 3 premises are situated, and may so specify in the license. In 4 such case, the construction or opening of any such entrance shall of 5 itself make the license void. The board shall require the licensee 6 to remove any screen, blind, shutter, curtain, partition, or painted, 7 141 Mass. 30, 58, ground or stained glass window, or any other obstruction which 8 may interfere with a view of the interior of the licensed premises. 9 The licensee shall not place or maintain, or permit to be placed or 10 maintained, upon any premises used by him for the sale of spirit- 11 uous or intoxicating liquor under the provisions of his license, any 12 screen, blind, shutter, curtain, partition, or painted, ground or 13 stained glass window, or any other obstruction, nor expose in any 14 window upon said premises any bottle, cask or other vessel con- 15 taining, or purporting to contain, intoxicating liquor, in such a 16 way as to interfere with a view of the business conducted upon the 17 premises or with a view of the interior of said premises, and the 18 placing or maintaining of any of said obstructions shall of itself 19 make the license void. License of premises near public school, forbidden. 1882, 220. 1894, 129. 134 Mass. 206. 137 Mass. 572, 574. 142 Mass. 573. 160 Mass. 528. - of dwellinghouse forbidden. 1888, 139, § 1. 150 Mass. 270. - of store com. municating 20 SECTION 35. No license of the first, second or third class shall 1 be granted for the sale of intoxicating liquors in any building or 2 place on the same street as, and within four hundred feet of, any 3 building occupied in whole or in part by a public school; but the 4 provisions of this section shall not prevent the granting of such 5 license to be exercised on premises fitted up and occupied as a place 6 for selling liquor under a license and by a licensee of a correspond- 7 ing class of the preceding year although said premises are within 8 four hundred feet of a building used temporarily in whole or in part 9 for school purposes, if such use will cease permanently within one 10 year after the granting of said license. 11 SECTION 36. No license of the first five classes shall be granted 1 to be exercised in a dwelling house. A license so granted shall 2 be void, but the provisions of this section shall not prevent the 3 granting of a license to be exercised in a store or shop which has no 4 interior connection or means of communication with a dwelling or 5 tenement of any family. 6 SECTION 37. No license of the first five classes shall be granted 1 with dwelling to be exercised in any room or shop having any interior connection 2 or means of communication with a dwelling or tenement of any 3 house forbidden. 1888, 139, § 2. |