Laws
Related to Alcohol
Listed below are excerpts from the state and local laws pertaining to consuming, serving, buying, and selling alcohol in Massachusetts.
In the excerpts below, "M.G.L." refers to the Massachusetts General Laws, the written compendium of the laws of the Commonwealth of Massachusetts.
The legal drinking age in Massachusetts is 21 years of age.
A. For persons under 21 years of age:
A person over 21 years of age may not buy alcohol for a person under 21 years of age, unless their relationship is that of parent and child or husband and wife, and even in those situations liquor must be bought at a package liquor store, not a restaurant or tavern. Violation of this section may result in a fine of $2,000, imprisonment up to 6 months, or both. M.G.L.c.138, #34.
B. By persons under 21 years of age:
Alcohol may not be purchased or attempted to be purchased by a person under 21 years of age. A person may not lie about his/her age to purchase alcohol, present false identification, or make arrangements with someone older to buy alcohol for him / her. Violation of this section may result in a fine of $300. M.G.L.c.138, #34A
C. Liquor purchasing ID cards:
Any person who transfers, alters, or defaces any such card, or who makes, uses, carries, sells, or distributes a false identification card, or furnishes false information in obtaining such a card, shall be guilty of a misdemeanor. Such persons are subject to immediate arrest. M.G.L. c. 138, #34B.
A. To persons under 21 years of age:
Any person without a license to serve alcohol may not serve someone under 21 years of age, unless their relationship is that of parent and child or husband and wife. Violation of this section may result in a fine of $2000, 6 months imprisonment, or both. M.G.L.c.138, #34.
Any person licensed to serve alcohol may not serve intoxicated persons. To do so may result in civil liability for injuries caused by the intoxicated person and/or suspension or revocation of the license. M.G.L.c.138, #69.
It is unlawful for unlicensed persons to serve alcohol to persons underage. The only exception to this law is that parents may serve alcohol to their own child and a spouse may serve alcohol to an underage spouse. Parents may not, however, buy alcohol for their child or spouse at a bar or restaurant. M.G.L.c.138,#34, #34A.
D. Liability of one day liquor license holders:
In any situation in which a sponsor receives a one-day liquor license, it must comply with all laws and regulations regarding the sale of alcohol, and it will be subject to any and all statutory and criminal penalties for violations of those laws and regulations. Liquor license holders must pay sales tax on all liquor sales at the event.
It is unlawful for a person under 21 years of age knowingly to drive a car with alcohol in it unless accompanied by a parent. To do so may result in a fine of up to fifty dollars or suspension of the driver’s license for three months, or both. May be arrested immediately without a warrant. M.G.L.c.138,#34C
Persons may not drive while drinking from an open container of an alcoholic beverage. To do so may result in a fine for not more than $500. M.G.L.c.90, #241.
C. Driving while under the Influence of Alcohol
1. Persons may not drive while under the influence of alcohol or any intoxicating substance. Violators are subject to a fine of up to $1,000 or imprisonment of up to two years, or both. If a police officer has reasonable grounds to believe a person is driving under the influence, a breathalyzer test may be given. The driver has the right to refuse to take the test, but this will result in automatic loss of license for a period of 120 days. M..G.L.c.90, #24(1).
2. Conviction for a first violation of this section results in a license for at least 45 days (180 days for offenders under the age of 21) and either a fine or imprisonment or probation and assignment to an alcohol education program. Conviction of a second violation means loss of license for at least one year, a fine and a minimum of 14 days in jail, or two years of probation and a minimum of 14 days confinement in a residential alcohol treatment program. May be arrested immediately without warrant. M.G.L.c.90, #24D.
Anyone who operates a motor vehicle under the influence of intoxicating substance and who operates that vehicle recklessly or negligently so as to endanger and who, by any such operation causes death of another, is guilty of homicide by motor vehicle and shall be punished by imprisonment at the state prison for not less than 2 -1/2 years, a fine of not more than $5,000 and revocation of driver’s license for 10 years. May be arrested immediately without a warrant. M.G.L.c.90, #24G.
E. Causing Serious Bodily Injury due to Drunk Driving
Anyone who operates a motor vehicle while under the influence of intoxicating substance and who operates the vehicle recklessly or negligently so as to endanger and who, by any such operation, causes serious bodily injury to another shall be punished by imprisonment at the state prison for not less than 2-1/2 years, a fine of not more than $5,000 and revocation of driver’s license for 2 years. May be arrested immediately without a warrant. M.G.L.c90, #24L.
5. Civil Liability Resulting from Alcohol Use
Generally, one accused and convicted of any of the above criminal violations who has caused personal injury or property damage as a result of his/her unlawful conduct, can have a civil suit brought against him/her, and a criminal conviction can be used in court as evidence against him/her.
Under Massachusetts law, a host of a party may be held liable for the injuries suffered by others if the host knew or should have known that a guest was drunk and nevertheless gave/permitted the guest to take an alcoholic drink and thereafter, because of the guest’s intoxication, the guest negligently caused injury to others. If the guest who causes an injury is a minor, the host who served the alcohol or permitted alcohol to be served to the minor might be held liable to others even if the minor was already intoxicated when the minor was served alcohol.
While the MIT campus has several licensed facilities, students and faculty groups may obtain a one-day liquor license in order to have a cash bar at their events. Licenses are issued by the Cambridge/Boston Liquor License Commission. The Cambridge location is at 831 Mass. Ave (across from the Central Square Post Office). In order to obtain a license, an Event Registration From must be completed and filed with CAC, Conferences Services, or RLSLP and the Campus Police. Forms may be obtained from event space scheduling offices or from RLSLP (W20-549).
One-day license holders must pay state sales tax on the gross sales of alcohol at their events. Please note that licensees must be at least 21 years of age and have a valid Massachusetts identification (driver’s license). Out-of-state residents are not permitted to obtain these one day licenses unless they have a valid Massachusetts State Liquor Id Card.
2. Liquor License Holder Regulations
A. No licensee, employee, or agent of a licensee shall:
- offer or deliver any free drinks to any person or groups of persons;
- deliver more than two drinks to one person at a time;
- sell, offer to sell, or deliver malt beverages or mixed drinks by pitcher except to two or more persons at one time;
- or encourage or permit, on the licensed premises, any game or contest which involves drinking or the awarding of drinks as prizes.
B. No licensee shall:
- advertise or promote in any way, whether within or without the licensee’s premises, any of the practices prohibited above.
Alcoholic beverages dispensed via a central source container, such as kegs, are prohibited in all MIT residential facilities. The cities of Boston, Brookline, and Cambridge prohibit kegs according to regulations associated with the lodging house regulations established by the licensing commissions of each city.