Alcohol Flashcards
For alcohol authority and enforcement who has primary responsibility for retail activity
Local authorities, board of selectmen in towns, appointed commission in cities
What is the state authority for regulating and enforcing alcohol?
Alcoholic beverages, control commission ABCC
What is the alcoholic beverages control commission responsible for
Assists in supervision of retail activity, and directly supervises wholesale importing in manufacturing activities
What are the three types of licenses that allow for the retail sale of alcohol?
Section 12 pouring
Section 15 package store
Section 14 special licenses
The five premises that use pouring licenses
General on-premise
Restaurant
Tavern
Hotel
Club
(Get ready to have cocktails)
What are all drinking establishments required to post a copy of
Penalties for operating under the influence
Can pouring license be revoked for racial discrimination
Yes
Can a licensee refuse entrance or service to an individual for a physical or mental disability
No
If an establishment has a cover charge what are the required to do?
- A sign about the cover charge must be posted outside
- cover charge must be collected inside
- Receipt permanently recorded and numbered must be presented to each individual or group
- Can’t charge a minimum purchase or drinking requirement
Happy hour restrictions include not delivering more than ___ drinks to anyone person at a time
2
During happy hour, you cannot sell beer or drinks in a pitcher except to at least ____ people at any one time
2
You cannot increase the amount of alcohol in a drink without proportionately
Increasing the price
You cannot encourage or permit any game or contest which involves drinking or:
The awarding of drinks as prizes
Can licenses offer free food or entertainment during happy hour
Yes, they can at any time
No malt beverages may be sold on draft from a tap unless
The brand name of the beverage is clearly displayed on the tap
Who has the authority to add conditions to licenses based on the type of gambling violation?
ABCC
Section 15 package store licenses will not be issued to a premises located within or connected to
A section 12 establishment
Which holidays are section 15 licensees prohibited from selling or delivering any alcoholic beverages?
Memorial day
Thanksgiving
Christmas
The Monday following Christmas if Christmas is on a Sunday
No exceptions
Package store hours are determined by the local authority, but stores may not close later than ___ on Sunday
11pm
Any package store must post a copy of
Penalties for driving with an open container
What are the keg restrictions?
(Keg labeled with, licensee records)
- Each keg must be labeled with
-name and address of the retail licensee
-identifying serial number - Licensee must record name, and address of any keg purchaser.
Who may issue section 14 special licenses?
Local licensing authorities
Local licensing authorities may issue special licenses for the sale of wine or malt beverages to any responsible manager of
An indoor or outdoor activity or enterprise (for profit or nonprofit)
Special licenses for the sale of all alcoholic beverages may be issued to ____________ organizations only
Nonprofit
Who has investigatory authority to ensure that liquor establishments are operating within the bounds of their licenses
ABCC and local licensing authorities
Police officers, sheriffs, and ABCC investigators can make warrantless arrest any person found illegally:
(SEEKMIST)
Selling
Exposing for sale
Exporting
Keeping for sale
Manufacturing
Importing
Storing
Transporting
Who is allowed to make a warrantless arrest for SEEKMIST violations
Police officers
Sheriffs
ABCC investigators
Delivery of alcoholic beverages in or from a building or other place, except a private dwelling is the definition of what
“Sale” of alcohol
Any exchange of alcohol is presumed to be a
Sale-arrestable
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
Yes
Police officers may serve as agents of
Their local licensing authority
The law empowers local and state police officers and ABCC investigators “to make all _______ and _________investigations”
Needful and appropriate
Police officers must be appointed by their local licensing authority in writing _______ they inspect liquor establishments
Before
Concentrating the special authority of inspecting liquor establishments to a few designated officers promotes________ and lessens chance of _______
Promotes consistency
Lessens chance of police misconduct
Can all sworn officers not designated in inspecting liquor establishments take immediate action to deal with emergency situations
Yes
Following an emergency in a liquor establishment, the administrative process including license suspension, revocation, or fine should be instituted only by a
Designated agent in accordance with local policy and procedure
ABCC regulation states that no licensee for the sale of alcoholic beverages shall permit any ______, _______ or _______ to take place in or on the premises
Disorder, disturbance, or illegality of any kind
Is a licensee responsible for any disorder, disturbance or illegal activity on the premises if they are not present
Yes
What licensing provision is used to address, underage drinking, drug dealing, disturbances, fights, sexual misconduct, discrimination, and other illegal activity on license premises
Licensee is responsible whether present or not
The sale or delivery of an alcoholic beverage to an intoxicated person on any licensed premises, typically becomes the basis of a
Civil lawsuit or ABCC/local authority license suspension
The law prohibiting the sale or delivery of alcohol to an intoxicated person protects who (2)
Intoxicated person and general public
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)
- Furnished
- Ordered.
- Bought at store
- Sold or delivered
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
No
A patron of an establishment can’t deliver or procure an alcoholic beverage to a person under 21 if they ______ their age
Knew or had reason to believe
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 _____
Child, spouse, ward (legal guardian)
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
Furnish-Child or grandchild
Procure- child, spouse, ward
Furnishing is also known as
The social host law
Furnishing/social host law means to knowingly or intentionally _____ or ______ a person under 21 to possess alcohol on property controlled by the offender
Supply or allow
Can a suspect be charged with furnishing if they simply allow an underage person to possess alcohol on the property they own or control?
Yes
Can individuals under age 21 be charged with furnishing if they host parties while their parents are away
Yes because they are in control of the property when their friends arrive
Can someone be charged with furnishing if they are driving their parents vehicle
Yes, because the driver controlled the car
Can someone be charged with the furnishing at a campsite?
Yes
Why are parents,spouses and guardians allowed to provide alcohol to their child spouse or ward?
Long-standing belief that these individuals should be able to allow those they care to drink at home
Who is allowed to give their children alcohol on their property?
Parents or grandparents
Servers ____ and older may directly handle and sell alcoholic beverages
18
Owners may employee staff younger than 18 as long as they do not ______, ____, _____ or _____ alcohol
Handle, mix, sell or serve
What is the right of arrest for furnishing in a home?
Complaint
Confiscate and eject if appropriate
What is the right of arrest for delivering alcohol anywhere other than a dwelling?
Arrest
What impact does conviction for furnishing have on a persons drivers license?
None
Who is exempt from furnishing, procurement or minor in possession under the good Samaritan law?
Person under 21 who:
seeks medical care for somebody else seeks medical care for himself
is the subject of a request for assistance
What three laws are exempt under the good Samaritan law for alcohol
Furnishing/social host
Procurement/attempted procurement
Minor in possession
There is no need to prove the suspect knew a minors age except for the offense of
Ordering at a bar
The ABCC or local licensing authority often uses a ____ violation as the basis for disciplinary action
Section 34- selling or furnishing alcohol to person under 21
For the law of maintaining and/or permitting alcohol nuisance, maintaining means the suspect ______ the premises and ____
Controlled the premises
Illegally sold alcohol there
For the law of maintaining and/or permitting alcohol nuisance, permitting means the suspect ______ the premises and ____
Controlled the premises
Permitted another person to engage in illegal alcohol sales there
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
Yes
Right of arrest for maintain and/or permit alcohol nuisance
Arrested for breach of peace in presence, otherwise complaint
The law authorizes, an attorney general, a district attorney, or the chief of police to seek a ________ to close down a nuisance
Civil injunction
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
Court order
Anyone who sells alcohol at an unlicensed place he controls is maintaining a:
Nuisance
Can plain clothes officers attend, pay the cover, and buy drinks at a party while investigating a nuisance
Yes
To permit a nuisance, the defendant must have at least ____ other people illegally selling alcohol on property under their control
At least one
It’s one man was illegally selling alcohol in his girlfriend’s apartment. Can he be charged with permitting a nuisance?
No, because he was only one person
Procuring alcoholic beverages by false representation applies to people ___ years old
Under 21
What is the age limit for the recipient if a person is charged with procuring alcoholic beverages for someone else by false representation
No age limit for recipient
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
No age limit
Right of arrest for procuring alcoholic beverages by false representation
Complaint and confiscate alcohol and false ID
Rate of arrest for counterfeit license
Felony
When a fake ID is involved, officers may be lenient and apply for a complaint under ___ or arrest under ___
Complaint Procuring by false representation
Arrest under false ID or failure to ID
All violators of procuring alcoholic beverages by false representation are subject to the mandatory registry penalty of
180 day license suspension whether in a vehicle at the time or not
Can Police stings occur at commercial establishments or private premises?
Both
Can someone be charged with procuring if they deliver alcohol to a 19-year-old decoy during a sting operation at their home
Yes
Can someone be charged with procuring during a sting operation over the Internet if it shows that they lacked adequate screening procedures
Yes
Strongest action if someone gives an officer a liquor purchase ID bearing the address of a vacant lot
Arrest
Right of arrest for false ID or failure to ID
Warrantless arrest of any person discovered in the act of violating the law
Right of arrest for carrying a fake ID
Warrant arrest in presence
Right of arrest for using someone else’s ID
Arrest in presence
Right of arrest for giving false information in order to obtain an ID or license
Arrest in presence
Right of arrest for altering or defacing an ID card or license
Arrest in presence
Right of arrest for selling a fake ID license
Arrest in presence
Which offense is jailable? Providing false information or failing to provide identification to an alcohol investigator.
Providing false information
Registry can revoke license for ____ for providing false information or failing to provide ID to outfall investigate
1 year
6 acceptable forms of ID a licensee can rely on
MA drivers license
MA liquor ID card
MA ID card
Passport issued by US or recognized country
Passport card
Military ID
In order for owners to be protected from liability of underage service, they must check ID on:
Day of service
Is it illegal to possess another person’s license?
No, it is only illegal to use it
For minor in possession, the person must be under 21 and
Unaccompanied by parent or legal guardian
Right of arrest for minor possession of alcohol
Arrest in presence
Registry penalty for minor in possession of alcohol, whether driving a vehicle or not
90 day suspension
How long is a liquor purchase identification card valid for
5 years
Who may apply for a liquor purchase identification card?
Person 21 or older without a drivers license
Who issues liquor purchase identification cards
Registry
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
Constructive
The two exemptions for minor in possession
- Accompanied by parent or guardian
- 18 or older and employed to deliver
The maximum amount of malt beverages, a citizen can transport without a permit
20 gallons
The maximum amount of alcohol a citizen can transport without a permit
1 gallon
The maximum amount of alcoholic beverages, a citizen can transport without a permit
3 gallons
A person may transport alcohol from his residence to a new residence if the alcoholic beverages were manufactured _______ for _____ use
Manufactured by him for his own private use
When vehicles are covered by an ABCC permit, licensees and their employees may transport and deliver their alcoholic beverages to where:
Anywhere in the Commonwealth
Salesman may transport samples of up to _____ of alcohol or alcoholic beverages, provided they possess a permit invoice and delivery records.
24 gallons
What do salesman need in order to transport samples of alcohol? (3)
Permit
Invoice
Delivery records
How much alcohol can a parcel service or trucking business deliver to customers on behalf of a winery or brewer licensee
108 liters per shipment
A parcel service or trucking business delivering needs a delivery receipt containing (2)
Certification for recipient that he is at least 21
Certification from delivery person that he observed valid ID
Caterers may obtain a ___ license and transport and store alcohol on behalf of its customers
12C
The law mandates that every motorist transporting alcohol carries a ______ or ______ in order to be exempt
Vehicle permit or certified copy
Is a motorist failure to produce documentation while transporting alcohol sufficient evidence of violation
Yes
Is the absence of a permit while transporting alcohol sufficient evidence of a violation even if there’s no intent
Yes
20 gallons of alcohol equals _______ ounces
2560
Domestic beer comes in ___ gallon half kegs
15.5
Imported beer comes in ____ gallon half kegs
13.5
A typical bottle of wine is 1 liter, so ___ bottles of wine is outside the citizen exemption
12
With respect to wine and liquor 3 US gallons equals ____ liters
11.3
Right of arrest for unlawful transportation of alcohol
Arrest in presence
Strongest action for person found transporting 8 30-packs of 12oz beer
Arrest in presence
Strongest action for person found transporting 9 24-packs of 12 ounce cans
Arrest in presence
Administrative action by ABCC for unlawful transportation of alcohol
Revoke any existing transportation permit
Right of arrest for a licensee or permit holder traveling from “place to place”selling or peddling and alcoholic beverage from a vehicle
Arrest in presence
For public drinking or alcohol possession, the suspect must be in violation of a
Town bylaw, city ordinance, or other government regulation
Strongest action for public drinking, or alcohol possession
Warrantless arrest only if it happens within their jurisdiction
What is the best way for officers to prove in court that they were authorized to arrest for public drinking?
Present a copy of the bylaw or ordinance to the judge. Officers may also testify about the contents of the law
If officers have ________ that an area is public, it will prevent a lawsuit for false arrest
Reasonable belief
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
No
Right of arrest for a person found in the courtyard of public housing with a half bottle of vodka between legs
Arrest in presence for open container in violation of a city ordinance
A person in protective custody for alcohol incapacitation may be brought (3)
Home
To the station
To the hospital
For the good Samaritan law for alcohol incapacitation means a person is:
Unconscious
Physical harm or Property damage
Medical attention
UMP
