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Alcohol Flashcards

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1
Q

For alcohol authority and enforcement who has primary responsibility for retail activity

A

Local authorities, board of selectmen in towns, appointed commission in cities

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2
Q

What is the state authority for regulating and enforcing alcohol?

A

Alcoholic beverages, control commission ABCC

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3
Q

What is the alcoholic beverages control commission responsible for

A

Assists in supervision of retail activity, and directly supervises wholesale importing in manufacturing activities

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4
Q

What are the three types of licenses that allow for the retail sale of alcohol?

A

Section 12 pouring
Section 15 package store
Section 14 special licenses

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5
Q

The five premises that use pouring licenses

A

General on-premise
Restaurant
Tavern
Hotel
Club
(Get ready to have cocktails)

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6
Q

What are all drinking establishments required to post a copy of

A

Penalties for operating under the influence

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7
Q

Can pouring license be revoked for racial discrimination

A

Yes

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8
Q

Can a licensee refuse entrance or service to an individual for a physical or mental disability

A

No

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9
Q

If an establishment has a cover charge what are the required to do?

A
  1. A sign about the cover charge must be posted outside
  2. cover charge must be collected inside
  3. Receipt permanently recorded and numbered must be presented to each individual or group
  4. Can’t charge a minimum purchase or drinking requirement
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10
Q

Happy hour restrictions include not delivering more than ___ drinks to anyone person at a time

A

2

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11
Q

During happy hour, you cannot sell beer or drinks in a pitcher except to at least ____ people at any one time

A

2

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12
Q

You cannot increase the amount of alcohol in a drink without proportionately

A

Increasing the price

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13
Q

You cannot encourage or permit any game or contest which involves drinking or:

A

The awarding of drinks as prizes

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14
Q

Can licenses offer free food or entertainment during happy hour

A

Yes, they can at any time

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15
Q

No malt beverages may be sold on draft from a tap unless

A

The brand name of the beverage is clearly displayed on the tap

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16
Q

Who has the authority to add conditions to licenses based on the type of gambling violation?

A

ABCC

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17
Q

Section 15 package store licenses will not be issued to a premises located within or connected to

A

A section 12 establishment

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18
Q

Which holidays are section 15 licensees prohibited from selling or delivering any alcoholic beverages?

A

Memorial day
Thanksgiving
Christmas
The Monday following Christmas if Christmas is on a Sunday
No exceptions

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19
Q

Package store hours are determined by the local authority, but stores may not close later than ___ on Sunday

A

11pm

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20
Q

Any package store must post a copy of

A

Penalties for driving with an open container

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21
Q

What are the keg restrictions?
(Keg labeled with, licensee records)

A
  1. Each keg must be labeled with
    -name and address of the retail licensee
    -identifying serial number
  2. Licensee must record name, and address of any keg purchaser.
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22
Q

Who may issue section 14 special licenses?

A

Local licensing authorities

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23
Q

Local licensing authorities may issue special licenses for the sale of wine or malt beverages to any responsible manager of

A

An indoor or outdoor activity or enterprise (for profit or nonprofit)

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24
Q

Special licenses for the sale of all alcoholic beverages may be issued to ____________ organizations only

A

Nonprofit

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25
Q

Who has investigatory authority to ensure that liquor establishments are operating within the bounds of their licenses

A

ABCC and local licensing authorities

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26
Q

Police officers, sheriffs, and ABCC investigators can make warrantless arrest any person found illegally:
(SEEKMIST)

A

Selling
Exposing for sale
Exporting
Keeping for sale
Manufacturing
Importing
Storing
Transporting

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27
Q

Who is allowed to make a warrantless arrest for SEEKMIST violations

A

Police officers
Sheriffs
ABCC investigators

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28
Q

Delivery of alcoholic beverages in or from a building or other place, except a private dwelling is the definition of what

A

“Sale” of alcohol

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29
Q

Any exchange of alcohol is presumed to be a

A

Sale-arrestable

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30
Q

Is the delivery of liquor to a restaurant patron, proof of a sale even if a witness could not remember whether he paid for it

A

Yes

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31
Q

Police officers may serve as agents of

A

Their local licensing authority

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32
Q

The law empowers local and state police officers and ABCC investigators “to make all _______ and _________investigations”

A

Needful and appropriate

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33
Q

Police officers must be appointed by their local licensing authority in writing _______ they inspect liquor establishments

A

Before

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34
Q

Concentrating the special authority of inspecting liquor establishments to a few designated officers promotes________ and lessens chance of _______

A

Promotes consistency
Lessens chance of police misconduct

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35
Q

Can all sworn officers not designated in inspecting liquor establishments take immediate action to deal with emergency situations

A

Yes

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36
Q

Following an emergency in a liquor establishment, the administrative process including license suspension, revocation, or fine should be instituted only by a

A

Designated agent in accordance with local policy and procedure

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37
Q

ABCC regulation states that no licensee for the sale of alcoholic beverages shall permit any ______, _______ or _______ to take place in or on the premises

A

Disorder, disturbance, or illegality of any kind

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38
Q

Is a licensee responsible for any disorder, disturbance or illegal activity on the premises if they are not present

A

Yes

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39
Q

What licensing provision is used to address, underage drinking, drug dealing, disturbances, fights, sexual misconduct, discrimination, and other illegal activity on license premises

A

Licensee is responsible whether present or not

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40
Q

The sale or delivery of an alcoholic beverage to an intoxicated person on any licensed premises, typically becomes the basis of a

A

Civil lawsuit or ABCC/local authority license suspension

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41
Q

The law prohibiting the sale or delivery of alcohol to an intoxicated person protects who (2)

A

Intoxicated person and general public

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42
Q

A person may be charged with a selling or furnishing alcohol to a person under 21 if they did any of these 4 acts: (FOBS)

A
  1. Furnished
  2. Ordered.
  3. Bought at store
  4. Sold or delivered
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43
Q

Can a person sell or deliver an alcoholic beverage to a person under 21 if it is for somebody else’s use, including their parents

A

No

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44
Q

A patron of an establishment can’t deliver or procure an alcoholic beverage to a person under 21 if they ______ their age

A

Knew or had reason to believe

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45
Q

When at a package store, brewery or winery, you cannot procure an alcoholic beverage for a person under 21 unless the person is the suspects _____, ______ or _____

A

Child, spouse, ward (legal guardian)

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46
Q

You cannot furnish alcohol to a person under 21 unless the underage person was the ________ of the adult
You cannot procure alcohol for a person under 21 unless the person is the ______ of the adult

A

Furnish-Child or grandchild
Procure- child, spouse, ward

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47
Q

Furnishing is also known as

A

The social host law

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48
Q

Furnishing/social host law means to knowingly or intentionally _____ or ______ a person under 21 to possess alcohol on property controlled by the offender

A

Supply or allow

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49
Q

Can a suspect be charged with furnishing if they simply allow an underage person to possess alcohol on the property they own or control?

A

Yes

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50
Q

Can individuals under age 21 be charged with furnishing if they host parties while their parents are away

A

Yes because they are in control of the property when their friends arrive

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51
Q

Can someone be charged with furnishing if they are driving their parents vehicle

A

Yes, because the driver controlled the car

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52
Q

Can someone be charged with the furnishing at a campsite?

A

Yes

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53
Q

Why are parents,spouses and guardians allowed to provide alcohol to their child spouse or ward?

A

Long-standing belief that these individuals should be able to allow those they care to drink at home

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54
Q

Who is allowed to give their children alcohol on their property?

A

Parents or grandparents

55
Q

Servers ____ and older may directly handle and sell alcoholic beverages

A

18

56
Q

Owners may employee staff younger than 18 as long as they do not ______, ____, _____ or _____ alcohol

A

Handle, mix, sell or serve

57
Q

What is the right of arrest for furnishing in a home?

A

Complaint
Confiscate and eject if appropriate

58
Q

What is the right of arrest for delivering alcohol anywhere other than a dwelling?

A

Arrest

59
Q

What impact does conviction for furnishing have on a persons drivers license?

A

None

60
Q

Who is exempt from furnishing, procurement or minor in possession under the good Samaritan law?

A

Person under 21 who:
seeks medical care for somebody else seeks medical care for himself
is the subject of a request for assistance

61
Q

What three laws are exempt under the good Samaritan law for alcohol

A

Furnishing/social host
Procurement/attempted procurement
Minor in possession

62
Q

There is no need to prove the suspect knew a minors age except for the offense of

A

Ordering at a bar

63
Q

The ABCC or local licensing authority often uses a ____ violation as the basis for disciplinary action

A

Section 34- selling or furnishing alcohol to person under 21

64
Q

For the law of maintaining and/or permitting alcohol nuisance, maintaining means the suspect ______ the premises and ____

A

Controlled the premises
Illegally sold alcohol there

65
Q

For the law of maintaining and/or permitting alcohol nuisance, permitting means the suspect ______ the premises and ____

A

Controlled the premises
Permitted another person to engage in illegal alcohol sales there

66
Q

Can a landlord be charged with maintaining/permitting alcohol nuisance if they fail to take reasonable measures to evict the occupants as soon as it could lawfully be done

A

Yes

67
Q

Right of arrest for maintain and/or permit alcohol nuisance

A

Arrested for breach of peace in presence, otherwise complaint

68
Q

The law authorizes, an attorney general, a district attorney, or the chief of police to seek a ________ to close down a nuisance

A

Civil injunction

69
Q

The law allows a landlord to void the lease of a tenant or occupant who maintains a nuisance and seek a _____ to force him to vacate

A

Court order

70
Q

Anyone who sells alcohol at an unlicensed place he controls is maintaining a:

A

Nuisance

71
Q

Can plain clothes officers attend, pay the cover, and buy drinks at a party while investigating a nuisance

A

Yes

72
Q

To permit a nuisance, the defendant must have at least ____ other people illegally selling alcohol on property under their control

A

At least one

73
Q

It’s one man was illegally selling alcohol in his girlfriend’s apartment. Can he be charged with permitting a nuisance?

A

No, because he was only one person

74
Q

Procuring alcoholic beverages by false representation applies to people ___ years old

A

Under 21

75
Q

What is the age limit for the recipient if a person is charged with procuring alcoholic beverages for someone else by false representation

A

No age limit for recipient

76
Q

The second type of procuring alcohol by false representation applies to a suspect who made false statements about a minors age or induced a minor to make false statements about their age. What is the suspect age limit

A

No age limit

77
Q

Right of arrest for procuring alcoholic beverages by false representation

A

Complaint and confiscate alcohol and false ID

78
Q

Rate of arrest for counterfeit license

A

Felony

79
Q

When a fake ID is involved, officers may be lenient and apply for a complaint under ___ or arrest under ___

A

Complaint Procuring by false representation
Arrest under false ID or failure to ID

80
Q

All violators of procuring alcoholic beverages by false representation are subject to the mandatory registry penalty of

A

180 day license suspension whether in a vehicle at the time or not

81
Q

Can Police stings occur at commercial establishments or private premises?

A

Both

82
Q

Can someone be charged with procuring if they deliver alcohol to a 19-year-old decoy during a sting operation at their home

A

Yes

83
Q

Can someone be charged with procuring during a sting operation over the Internet if it shows that they lacked adequate screening procedures

A

Yes

84
Q

Strongest action if someone gives an officer a liquor purchase ID bearing the address of a vacant lot

A

Arrest

85
Q

Right of arrest for false ID or failure to ID

A

Warrantless arrest of any person discovered in the act of violating the law

86
Q

Right of arrest for carrying a fake ID

A

Warrant arrest in presence

87
Q

Right of arrest for using someone else’s ID

A

Arrest in presence

88
Q

Right of arrest for giving false information in order to obtain an ID or license

A

Arrest in presence

89
Q

Right of arrest for altering or defacing an ID card or license

A

Arrest in presence

90
Q

Right of arrest for selling a fake ID license

A

Arrest in presence

91
Q

Which offense is jailable? Providing false information or failing to provide identification to an alcohol investigator.

A

Providing false information

92
Q

Registry can revoke license for ____ for providing false information or failing to provide ID to outfall investigate

A

1 year

93
Q

6 acceptable forms of ID a licensee can rely on

A

MA drivers license
MA liquor ID card
MA ID card
Passport issued by US or recognized country
Passport card
Military ID

94
Q

In order for owners to be protected from liability of underage service, they must check ID on:

A

Day of service

95
Q

Is it illegal to possess another person’s license?

A

No, it is only illegal to use it

96
Q

For minor in possession, the person must be under 21 and

A

Unaccompanied by parent or legal guardian

97
Q

Right of arrest for minor possession of alcohol

A

Arrest in presence

98
Q

Registry penalty for minor in possession of alcohol, whether driving a vehicle or not

A

90 day suspension

99
Q

How long is a liquor purchase identification card valid for

A

5 years

100
Q

Who may apply for a liquor purchase identification card?

A

Person 21 or older without a drivers license

101
Q

Who issues liquor purchase identification cards

A

Registry

102
Q

Some clerks incorrectly insist that youths cannot be charged with alcohol possession unless they are physically holding the alcohol. The court affirms that ______ possession is lawful

A

Constructive

103
Q

The two exemptions for minor in possession

A
  1. Accompanied by parent or guardian
  2. 18 or older and employed to deliver
104
Q

The maximum amount of malt beverages, a citizen can transport without a permit

A

20 gallons

105
Q

The maximum amount of alcohol a citizen can transport without a permit

A

1 gallon

106
Q

The maximum amount of alcoholic beverages, a citizen can transport without a permit

A

3 gallons

107
Q

A person may transport alcohol from his residence to a new residence if the alcoholic beverages were manufactured _______ for _____ use

A

Manufactured by him for his own private use

108
Q

When vehicles are covered by an ABCC permit, licensees and their employees may transport and deliver their alcoholic beverages to where:

A

Anywhere in the Commonwealth

109
Q

Salesman may transport samples of up to _____ of alcohol or alcoholic beverages, provided they possess a permit invoice and delivery records.

A

24 gallons

110
Q

What do salesman need in order to transport samples of alcohol? (3)

A

Permit
Invoice
Delivery records

111
Q

How much alcohol can a parcel service or trucking business deliver to customers on behalf of a winery or brewer licensee

A

108 liters per shipment

112
Q

A parcel service or trucking business delivering needs a delivery receipt containing (2)

A

Certification for recipient that he is at least 21
Certification from delivery person that he observed valid ID

113
Q

Caterers may obtain a ___ license and transport and store alcohol on behalf of its customers

A

12C

114
Q

The law mandates that every motorist transporting alcohol carries a ______ or ______ in order to be exempt

A

Vehicle permit or certified copy

115
Q

Is a motorist failure to produce documentation while transporting alcohol sufficient evidence of violation

A

Yes

116
Q

Is the absence of a permit while transporting alcohol sufficient evidence of a violation even if there’s no intent

A

Yes

117
Q

20 gallons of alcohol equals _______ ounces

A

2560

118
Q

Domestic beer comes in ___ gallon half kegs

A

15.5

119
Q

Imported beer comes in ____ gallon half kegs

A

13.5

120
Q

A typical bottle of wine is 1 liter, so ___ bottles of wine is outside the citizen exemption

A

12

121
Q

With respect to wine and liquor 3 US gallons equals ____ liters

A

11.3

122
Q

Right of arrest for unlawful transportation of alcohol

A

Arrest in presence

123
Q

Strongest action for person found transporting 8 30-packs of 12oz beer

A

Arrest in presence

124
Q

Strongest action for person found transporting 9 24-packs of 12 ounce cans

A

Arrest in presence

125
Q

Administrative action by ABCC for unlawful transportation of alcohol

A

Revoke any existing transportation permit

126
Q

Right of arrest for a licensee or permit holder traveling from “place to place”selling or peddling and alcoholic beverage from a vehicle

A

Arrest in presence

127
Q

For public drinking or alcohol possession, the suspect must be in violation of a

A

Town bylaw, city ordinance, or other government regulation

128
Q

Strongest action for public drinking, or alcohol possession

A

Warrantless arrest only if it happens within their jurisdiction

129
Q

What is the best way for officers to prove in court that they were authorized to arrest for public drinking?

A

Present a copy of the bylaw or ordinance to the judge. Officers may also testify about the contents of the law

130
Q

If officers have ________ that an area is public, it will prevent a lawsuit for false arrest

A

Reasonable belief

131
Q

Is an officer liable for false arrest if he reasonably believed that a stairwell in a 12 unit private apartment building qualified as a public place

A

No

132
Q

Right of arrest for a person found in the courtyard of public housing with a half bottle of vodka between legs

A

Arrest in presence for open container in violation of a city ordinance

133
Q

A person in protective custody for alcohol incapacitation may be brought (3)

A

Home
To the station
To the hospital

134
Q

For the good Samaritan law for alcohol incapacitation means a person is:

A

Unconscious
Physical harm or Property damage
Medical attention
UMP

Crim Law Other (27 decks)

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