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| Home > Statutes > USA Massachusetts |
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USA Statutes : massachusetts
Title : PART I. ADMINISTRATION OF THE GOVERNMENT
Chapter : TITLE XX. PUBLIC SAFETY AND GOOD ORDER
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Chapter 138: Section 24. Promulgation by commission; approval Section 24. The commission shall, in accordance with chapter thirty A and with the approval of the treasurer, make regulations not inconsistent with the provisions of this chapter for clarifying, carrying out, enforcing and preventing violation of, all and any of its provisions for inspection of the premises and method of carrying on the business of any licensee, for insuring the purity, and penalizing the adulteration, or in any way changing the quality or content, of any alcoholic beverage, for the proper and orderly conduct of the licensed business, for establishing maximum prices chargeable by licensees under this chapter, and regulating all advertising of alcoholic beverages, except such advertising as appears in publications which are circulated to the liquor trade and not to the general public, or such advertising wherein licensees jointly or cooperatively advertise product prices; provided, however, that the number of licensees participating in any such advertisement shall not exceed seven, and shall, with like approval, make regulations governing the labelling of packages of alcoholic beverages as to their ingredients and the respective quantities thereof.
Chapter 138: Section 25. Lending or borrowing money or receipt of credit by licensees Section 25. It shall be unlawful for any licensee under this chapter to lend or borrow money, directly or indirectly, to or from any other licensee under this chapter. It shall be unlawful for any licensee under this chapter to receive or extend credit, directly or indirectly, for alcoholic beverages sold or delivered to any licensee engaged in the sale of alcoholic beverages except in the usual course of business and for a period of not more than sixty days, or for any manufacturer, wholesaler or importer of alcoholic beverages, or any winegrower not holding a license under section twelve, to acquire, retain or own, directly or indirectly, any interest in the business of any licensee under section twelve, or for any winegrower licensed under section twelve to acquire, retain or own, directly or indirectly, any interest in the business of any other licensee under section twelve, or for any manufacturer of alcoholic beverages or any winegrower to acquire, retain or own, directly or indirectly, any interest in the business of any licensee under section fifteen. Nothing in this chapter shall require any manufacturer, winegrower or wholesaler to extend credit to any licensee. The credit period shall be calculated from the date of the delivery of the alcoholic beverages to the purchaser to the date when the purchaser discharges in full the indebtedness for which the credit was extended. If any licensee does not discharge in full any such indebtedness within such sixty day period, the indebtedness shall be overdue and such licensee shall be delinquent within the meaning of this section. Within three days after a licensee becomes delinquent, the licensee who extended the credit shall mail a letter of notice by certified mail to the commission and a copy thereof to the delinquent licensee. The letter of notice shall be in forms provided by the commission. The notice shall contain the name of the delinquent licensee, the date of delivery of the alcoholic beverages and the amount of the indebtedness remaining undischarged. Within five days after receipt of such a letter of notice, the commission shall post the name and address only of the delinquent licensee in a delinquent list containing the names and addresses of all delinquent licensees. Such posting shall constitute notice to all licensees of the delinquency of such licensee.
If a licensee is seriously damaged in his business by riot, insurrection, civil disturbance, fire, explosion or by an act of God, so-called, the licensee may file an application with the commission requesting that the provisions of the first paragraph of this section be suspended as to him for a reasonable period. The commission shall set down the application for hearing within twenty-one days and shall notify all licensees engaged in selling to said applicant of the hearing and give all interested parties the right to be heard. Pending such hearing, the commission may, after an investigation and determination that the facts as stated by the licensee in his application would constitute reasonable grounds for relief, order that such licensee shall not be posted as delinquent. If the commission finds it is in the public interest to do so, it may suspend the application of said first paragraph with respect to the applicant for such period as it may consider to be reasonable and in the public interest. Such action shall not deprive creditors of all legal rights available to them for the collection of the indebtedness and shall be contingent on such terms and conditions as the commission shall determine.
No licensee under this chapter shall sell or deliver, directly or indirectly, alcoholic beverages to a licensee whose name is posted on the delinquent list, except for payment in cash on or before delivery, and no licensee who is posted on the delinquent list shall purchase or accept delivery of any alcoholic beverages except for payment in cash on or before delivery.
Whenever the license of any licensee whose name appears on the delinquent list is transferred, the name of the transferee shall appear in the place and stead of the transferor, as of the date of license transfer, in the same manner as if no transfer had occurred, but the provisions of this sentence shall not apply to transfers of licenses by assignees, court-appointed receivers or trustees under a voluntary assignment for the benefit of creditors, provided that prior approval of such assignment is obtained from the commission after notice to all creditors has been given and reasonable time allowed for objections by such creditors.
Upon full discharge of the indebtedness for which a licensee was posted, the licensee who filed the letter of notice of delinquency shall, within twenty-four hours thereafter, notify the commission, by mailing a letter by certified mail addressed to the commission of the discharge of the indebtedness. The commission shall immediately strike the name of the delinquent licensee from the list. The commission shall by regulations prescribe how licensees, other than the two concerned, shall be notified of the filing of the name of a licensee on the delinquency list and of the removal of the name of a delinquent from such list. If, after a hearing, the commission finds that any licensee has violated this section or participated in such violation, the commission shall suspend the license of the licensee until full discharge of the indebtedness.
Notwithstanding and in lieu of any other penalty in any other provision of this chapter, any person who violates any provision of this section shall be punished by a fine of not more than five thousand dollars.
The posting list shall be available for inspection by any licensee or his duly authorized agent only.
Nothing in this chapter shall prevent a person holding any interest in a business licensed under section nineteen, nineteen B or nineteen C from holding at the same time any interest in not more than one business licensed under section eighteen.
The provisions of this section shall not apply to credit extended prior to April the first, nineteen hundred and sixty-nine.
A holder of a certificate of compliance under the provisions of section eighteen B shall not be construed to be a licensee within the commonwealth under the provisions of this section.
Chapter 138: Section 25A. Discrimination in prices and discounts prohibited Section 25A. No licensee authorized under this chapter to sell alcoholic beverages to wholesalers or retailers shall—(a) Discriminate, directly or indirectly, in price, in discounts for time of payment or in discounts on quantity of merchandise sold, between one wholesaler and another wholesaler, or between one retailer and another retailer purchasing alcoholic beverages bearing the same brand or trade name and of like age and quality;[There is no clause (b).
] All price lists or price quotations made to a licensee by a wholesaler shall remain in effect for at least thirty days after the establishment of such price list or quotation. Any sale by a wholesaler of any alcoholic beverages at prices lower than the price reflected in such price list or quotation within such thirty day period shall constitute price discrimination under this section.
Chapter 138: Section 25B. Filing of schedules; inspection Section 25B. (a) No brand of alcoholic beverages shall be sold within the commonwealth to a wholesaler unless schedules, as provided by this section, are filed with the commission and are then in effect.
(b) Each of the schedules hereinafter referred to shall be in writing, duly verified, and filed in the number of copies and form as required by the commission, and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the bottle and case price to wholesalers, which prices shall be individual for each item and not in “combination” with any other item, and the number of bottles contained in each case.
(c) The schedule containing the bottle and case price to wholesalers shall be filed by (1) the owner of such brand, or (2) a wholesaler selling such brand and who is designated as agent for the purpose of filing such schedule if the owner of the brand is not licensed by the commission, or (3) with the approval of the commission, by a wholesaler, in the event that the owner of the brand is unable to file a schedule or designate an agent for such purpose.
(d) Each such schedule shall be filed on or before the tenth day of the month on a date to be fixed by the commission, and the prices and discounts therein set forth shall become effective on the first day of the calendar month following the filing thereof and shall be in effect for such calendar month and from month to month thereafter until such time as a new or amended schedule is filed and becomes effective hereunder. No brand of alcoholic beverages shall be sold to any wholesaler except at the price then in effect unless written permission of the commission is granted for good cause shown and for reasons not inconsistent with the purpose of this chapter.
All schedules filed pursuant to this section shall be subject to public inspection and shall not be considered confidential.
Chapter 138: Section 25C. Filing of schedule of minimum consumer prices; verification; filing and effective dates; inspection; rules and regulations Section 25C. (a) No brand of alcoholic beverages shall be sold within the commonwealth to a wholesaler or retailer, and no manufacturer, winegrower, farmer-brewer or wholesaler shall sell, offer for sale, solicit any order for, or advertise, any alcoholic beverages, the container of which bears a label stating the brand or the name of the owner or producer, unless a schedule of minimum consumer prices for each such brand of alcoholic beverages shall first have been filed with the commission and is then in effect.
(b) Each of the schedules hereinafter referred to shall be in writing, duly verified, and filed in the number of copies and form as required by the commission, and shall contain, with respect to each item, the exact brand or trade name, capacity of package, nature of contents, age and proof where stated on the label, the percentage and type of spirits where stated on the label, the minimum consumer resale price of a bottle and of a case, but not a multiple of a bottle price or a case price or a fraction of a case price, which prices shall be uniform throughout the commonwealth.
(c) Such schedule may be filed by (1) the manufacturer, winegrower, farmer-brewer, importer or wholesaler who owns such brand if licensed by the commission, or (2) any wholesaler, importer or manufacturer licensed by the commission, with the approval of the commission.
(d) The first schedule shall be filed on or before a date to be fixed by the commission, and the prices therein shall become effective on a date to be fixed by the commission and shall remain in effect for a period, not exceeding four months, to be fixed by the commission. Subsequent schedules shall be filed at the times and for the periods hereinafter set forth and shall be effective during the periods hereinafter set forth:—FILING DATES. EFFECTIVE DATES. July 1-10 September 1-October 31 September 1-10 November 1-December 31 November 1-10 January 1-February 28 January 1-10 March 1-April 30 March 1-10 May 1-June 30 May 1-10 July 1-August 31 provided, however, that nothing contained herein shall require any manufacturer, winegrower, farmer-brewer or wholesaler to file a schedule of minimum consumer resale prices for any brand of alcoholic beverages offered for sale or sold (1) to a retailer under a brand which is owned exclusively by such retailer and sold within the commonwealth exclusively by such retailer; (2) to a church, synagogue or religious organization under a brand which is owned exclusively by such manufacturer, farmer-brewer, winegrower, or wholesaler, if authorized to sell wine or malt beverages to such persons and such wine or malt beverages are sold exclusively to such persons; (3) to on-premises retailers under a brand which is owned exclusively by such manufacturer, winegrower, farmer-brewer or wholesaler and is sold by such manufacturer, winegrower, farmer-brewer or wholesaler exclusively to such retailers for consumption on the premises.
No such filing, however, shall take effect unless within thirty days thereafter the commission shall approve such prices as not being excessive, inadequate, or unfairly discriminatory; provided, however, that such approval shall not be deemed a rule or regulation within the meaning of section twenty-four or section seventy-one, nor shall such approval be subject to the provisions of chapter thirty A.
(e) Within ten days after the filing of each such schedule the commission shall make it or a composite thereof available for inspection by licensees. All such schedules so filed shall be subject to public inspection from the time that they are required to be made available for inspection by licensees. Each manufacturer, winegrower, farmer-brewer and wholesaler shall retain in his licensed premises a copy of his filed schedules, and shall, as soon as practicable after the tenth day of the month in which such schedules are filed, compile, publish and mail to each retailer authorized to sell alcoholic beverages for off-premises consumption, a list, to be designated “minimum consumer resale price list”. Such list, as then in effect, shall be conspicuously displayed within the interior of the licensed premises where sales are made and where they can be readily inspected by consumers.
(f) No licensee authorized to sell alcoholic beverages at retail for off-premises consumption shall sell, offer to sell, solicit an order for, or advertise, any alcoholic beverages at a price less than the minimum consumer resale price then in effect, unless written permission of the commission is granted for good cause shown and for reasons not inconsistent with the purposes of this section and under such terms and conditions as the commission deems necessary.
(g) The commission is hereby authorized to make rules which are necessary (1) to prevent circumvention of the provisions of this section by the offering or giving of any rebate, allowance, free goods, discount or any other thing or service of value; (2) to permit the withdrawal of, an addition to, a deletion from, or an amendment of any schedule containing the minimum consumer retail price or a modification of prices therein, when not inconsistent with the purposes of this section, whenever necessary to avoid practical difficulties or unnecessary hardships to any licensee affected by this section or because of acts or circumstances beyond the control of such licensee, and under such terms and conditions as are necessary to carry out the purposes of this section; (3) to permit the sale at a price less than the minimum consumer resale price of alcoholic beverages which are damaged or deteriorated in quality, or the closeout of a brand for the purpose of discontinuing its sale, under such terms and conditions as are necessary to carry out the purposes of this section; (4) to permit the sale by a retailer of a brand of alcoholic beverages for which a schedule of minimum consumer resale prices has not been and cannot be filed, whenever necessary to avoid practical difficulties or unnecessary hardships to any licensee affected by this section or because of acts or circumstances beyond the control of such licensee, and under such terms and conditions as are necessary to carry out the purposes of this section.
All schedules filed pursuant to this section shall be subject to public inspection from the time that they are required to be made available for inspection by licensees, and shall not be considered confidential. For the violation of any provision of this section or any rule or regulation duly promulgated under this section, the commission may suspend a license as follows:—for a first offence, not exceeding six days suspension of license; for a second offence, not exceeding fifteen days suspension of license; and for each subsequent offence, thirty days suspension of license. Each manufacturer, winegrower, farmer-brewer and wholesaler shall retain in his licensed premises for inspection by licensees a copy of his filed schedules as then in effect. The commission may make such rules and regulations as shall be appropriate to carry out the purposes of this section.
Chapter 138: Section 25D. Price discrimination Section 25D. (a) There shall be filed with, and when filed shall be deemed part of, the schedule filed for a brand of alcoholic beverages pursuant to section twenty-five B an affirmation duly verified by the owner of such brand of alcoholic beverage, or by the wholesaler designated as agent for the purpose of filing such schedule if the owner of the brand of alcoholic beverage is not licensed by the commission, that the bottle and case price of alcoholic beverages to wholesalers set forth in such schedule is not higher than the lowest price at which such item of alcoholic beverage will be sold by such brand owner or such wholesaler designated as agent, or any related person, to any wholesaler anywhere in any other state of the United States or in the District of Columbia, or to any state or state agency which owns and operates retail alcoholic beverage stores at any time during the calendar month for which such schedule shall be in effect, and if a like affirmation has been filed at least once but was not filed during the calendar month immediately preceding the month in which such schedule is filed, then also at any time during the calendar months not exceeding six months immediately preceding the month in which such schedule shall be in effect and succeeding the last calendar month during which a like affirmation was in effect. As used in this paragraph, the term “related person” shall mean any person (1) in the business of which such brand owner or wholesaler designated as agent has an interest, direct or indirect, by stock or other security ownership, as lender or lienor, or by interlocking directors or officers, or (2) the exclusive, principal or substantial business of which is the sale of a brand or brands of alcoholic beverages purchased from such brand owner or wholesaler designated as agent, or (3) which has an exclusive franchise or contract to sell such brand or brands.
(b) There shall be filed with, and when filed shall be deemed part of, any other schedule filed for a brand of alcoholic beverage pursuant to section twenty-five B an affirmation duly verified by the person filing such schedule that the bottle and case price of alcoholic beverages to wholesalers set forth in such schedule is no higher than the lowest price at which such item of alcoholic beverage will be sold by such person to any wholesaler anywhere in any other state of the United States or in the District of Columbia, or to any state or state agency which owns and operates retail alcoholic beverage stores at any time during the calendar month for which such schedule shall be in effect, and if a like affirmation has been filed at least once but was not filed during the calendar month immediately preceding the month in which such schedule is filed, then also at any time during the calendar months not exceeding six months immediately preceding the month in which such schedule shall be in effect and succeeding the last calendar month during which a like affirmation was in effect.
(c) In the event an affirmation with respect to any item of alcoholic beverage is not filed within the time provided by section twenty-five B, any schedule for which such affirmation is required shall be deemed invalid with respect to such item of alcoholic beverage, and no such item may be sold to or purchased by any wholesaler or retailer during the period covered by any such schedule; provided however that the commission, in writing, may, for good cause shown and for reasons not inconsistent with the purposes of this section and under such terms and conditions as it may deem necessary, allow any schedule which is otherwise sufficient to be deemed valid with respect to items of alcoholic beverage for which no affirmation has been filed, as provided by this section.
(d) In determining the lowest price for which any item of alcoholic beverage was sold in any other state or in the District of Columbia, or to any state (or state agency) which owns and operates retail alcoholic beverage stores, appropriate reductions shall be made to reflect all discounts in excess of those to be in effect under such schedule, and all rebates, free goods, allowances and other inducements of any kind whatsoever offered or given to any such wholesaler, or state (or state agency), as the case may be, purchasing such item in such other state or in the District of Columbia; provided that nothing contained in subsections (a) and (b) shall prevent differentials in price which make only due allowance for differences in state taxes and fees, and in the actual cost of delivery. As used in this subsection, the term “state taxes or fees” shall mean the excise taxes imposed or the fees required by any state or the District of Columbia upon or based upon the gallon of alcoholic beverages, and the term “gallon” shall mean one hundred twenty-eight fluid ounces.
(e) Notwithstanding and in lieu of any other penalty provided in any other provisions of this chapter, any person who makes a false statement in any affirmation made and filed pursuant to subsections (a) or (b) shall be punished by a fine of not more than ten thousand dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. Every affirmation made and filed pursuant to subsections (a) and (b) shall be deemed to have been made in each county of the commonwealth in which the brand of alcoholic beverage is offered for sale under the terms of said schedule.
(f) Upon final judgment of conviction of any person for violation of subsection (e), the commission may refuse to accept from such person for any period of months, not exceeding three calendar months, any affirmation required to be filed by him.
(g) The commission is hereby authorized and empowered to carry on such investigations and to audit the books and accounts of such licensees under this chapter as it may deem necessary for clarifying, carrying out, enforcing and preventing violation of all and any provisions of this section.
(h) The commission may make such rules and regulations as shall be appropriate to carry out the purposes of this section. For the purpose of this section alcoholic beverages shall not include malt beverages.
Chapter 138: Section 25E. Refusal to sell brand name alcoholic beverages to wholesalers as unfair trade practice; exception for good cause; discontinuance notice and procedure Section 25E. It shall be an unfair trade practice and therefor unlawful for any manufacturer, winegrower, farmer-brewer, importer or wholesaler of any alcoholic beverages, to refuse to sell, except for good cause shown, any item having a brand name to any licensed wholesaler to whom such manufacturer, winegrower, farmer-brewer, importer or wholesaler has made regular sales of such brand item during a period of six months preceding any refusal to sell.
Any manufacturer, importer or wholesaler shall forward a notice in writing to the wholesaler, to whom it has sold any brand item, prior to discontinuing sales to such wholesaler of such brand item and shall forward a copy of said notice to the commission. The notice of discontinuance of sale shall be furnished by the manufacturer, importer or wholesaler to the wholesaler being discontinued at least one hundred and twenty days before the effective date of such discontinuance. The notice shall state the specific grounds for such discontinuance. Either party may appeal to the commission for a hearing on the notice of discontinuance and the commission shall make a determination after hearing on the issue of good cause for discontinuance. Upon application by the wholesaler to the commission, the commission shall order the manufacturer, importer or wholesaler giving notice of refusal to sell to continue to make sales in the regular course to such wholesaler pending determination by the commission on the merits of said appeal. The commission shall after notice to all parties and hearing, make a determination on the issue of good cause and grant such relief as may be appropriate under the circumstances. Good cause as used herein shall be limited to the following conduct:(a) disparagement of the product so as to impair the reputation of the brand owner or the brand name of any product,(b) unfair preferment in sales effort for brand items of a competitor,(c) failure to exercise best efforts in promoting the sale of any brand item,(d) engaging in improper or proscribed trade practices, or(e) failure to comply with the terms of sale agreed upon between supplier and wholesaler.
Chapter 138: Section 25F. Provision of free wine, malt beverages, liqueurs, cordials and alcoholic beverages for tastings; limits; requirements Section 25F. (a) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide wine tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 12 to conduct tastings during any consecutive 30 days. Transportation and delivery of wine by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 12 and the date of the tasting. All free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said sections 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19 and 19B may participate at wine tasting events and may handle, serve or dispense wine, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free wine lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.
(b) Licensees under sections 18, 19 and 19B may provide free wine lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide wine tastings, notwithstanding said section 25A, solely to be dispensed at such tastings. Not more than 9 liters of wine of a supplier may be furnished to or accepted by a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under said section 18, 19 or 19B shall be accompanied by an invoice which states the amount of free wine being delivered to the licensee under said section 15 and the date of the tasting. All such free wine delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19B who delivered it and shall be accompanied by an invoice which states the amount of free wine delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B, 19 and 19B may participate at such wine tasting events and may handle, serve or dispense wine or wine products, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free wine lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19 or 19B or a holder of a certificate of compliance under said section 18B.
(c) Licensees under section 18, 19 or 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide malt beverages tastings, notwithstanding the provisions of section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during a 30-day period. Transportation and delivery of such malt beverages by the licensee under said section 18, 19, or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 12 and the date of the tasting. All such free malt beverages delivered, but not used during the tasting, shall be removed from the premises of the licensee under said section 12 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B, 19, and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under section 18 free malt beverages lawfully sold by said licensee under said section 18, notwithstanding section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purpose of this paragraph, the word “supplier” shall mean a licensee under said section 19, 19C, or 19D or a holder of a certificate of compliance under said section 18B.
(d) Licensees under sections 18, 19 and 19C may provide free malt beverages lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide malt beverages tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 18 liters of malt beverages of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during a 30-day period. Transportation and delivery of such products by the licensee under section 18, 19 or 19C shall be accompanied by an invoice which states the amount of free malt beverages being delivered to the licensee under said section 15 and the date of the tasting. All such free malt beverages delivered but not used during the tasting shall be removed from the premises of the licensee under said section 15 by the licensee under said section 18, 19 or 19C who delivered them and shall be accompanied by an invoice which states the amount of free malt beverages delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B, 19 and 19C may participate at such malt beverages tasting events and may handle, serve or dispense malt beverages either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free malt beverages lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19, 19C or 19D or a holder of a certificate of compliance under said section 18B.
(e) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such liqueurs and cordials by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free liqueurs and cordials being delivered to the licensee under said section 12 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve or dispense liqueurs and cordials either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.
(f) Licensees under section 18 or 19 may provide free liqueurs and cordials lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide liqueurs and cordials tastings, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of liqueurs and cordials of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of liqueurs and cordials being delivered to the licensee under said section 15 and the date of the tasting. All such free liqueurs and cordials delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free liqueurs and cordials delivered but not used by the licensee under said section 15 during the tasting. Licensees under sections 18, 18B and 19 may participate at such liqueurs and cordials tasting events and may handle, serve and dispense liqueurs and cordials products, either directly or indirectly, through any agent, employee, stockholder, officer or other person, or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free liqueurs and cordials lawfully sold by the licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under section 19 or a holder of a certificate of compliance under section 18B.
(g) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 12 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 12 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, by the licensee under said section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 12 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 12 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials and may handle, serve or dispense such alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 12 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by the licensee under said section 18, notwithstanding the provisions of section 25A, for the licensee under said section 18 to furnish to any licensee under said section 12 solely for use at a tasting of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, under said section 12 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.
(h) Licensees under section 18 or 19 may provide free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by such licensees to licensees authorized pursuant to section 15 to conduct bona fide tastings of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, notwithstanding section 25A, solely to be dispensed at such tastings. Not more than 1 liter of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, of a supplier may be furnished to, or accepted by, a licensee authorized pursuant to said section 15 to conduct such tastings during any consecutive 30 days. Transportation and delivery of such products by the licensee under section 18 or 19 shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, being delivered to the licensee under said section 15 and the date of the tasting. All such free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used during the tasting shall be accompanied by an invoice which states the amount of free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, delivered but not used by the licensee under said section 15 during the tasting. Licensees under said sections 18, 18B and 19 may participate at such tasting events of alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, and may handle, serve or dispense alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, either directly or indirectly, through any agent, employee, stockholder, officer or other person or any subsidiary, but persons handling, serving or dispensing any such beverages shall be under the authority and supervision of the licensee under said section 15 conducting the tasting for all liability purposes. A supplier may provide to a licensee under said section 18 free alcoholic beverages, other than wines and malt beverages or liqueurs and cordials, lawfully sold by said licensee under said section 18, notwithstanding said section 25A, for the licensee under said section 18 to furnish to any licensee under said section 15 solely for use at a tasting under said section 15 if the wholesaler and supplier agree. For the purposes of this paragraph, the word “supplier” shall mean a licensee under said section 19 or a holder of a certificate of compliance under said section 18B.
Chapter 138: Section 26. Issuance of license and permit to aliens; appointment of local manager or principal representative by foreign corporations Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle permit for the transportation thereof shall be issued to any person who is not, at the time of his application therefor, a citizen of the United States, or to any agent of any such person, or to any corporation a majority of whose directors are in fact aliens, and no person not such a citizen shall be appointed as manager or other principal representative of any licensee; provided, that nothing herein shall prevent the granting of a license under section eighteen A to any corporation organized under the laws of a foreign country or the granting of a vehicle permit to such a corporation so licensed.
No corporation, organized under the laws of the commonwealth or of any other state or foreign country, shall be given a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, in such manner as the licensing authorities by regulation prescribe, as manager or other principal representative, a citizen of the United States, and shall have vested in him by properly authorized and executed written delegation as full authority and control of the premises, described in the license of such corporation, and of the conduct of all business therein relative to alcoholic beverages as the licensee itself could in any way have and exercise if it were a natural person resident in the commonwealth, nor unless such manager or representative is, with respect to his character, satisfactory to the licensing authorities.
No provision of this chapter shall impair any right growing out of any treaty to which the United States is a party.
Chapter 138: Section 27. Crediting of fees for licenses and permits to general fund; payment of fees for licenses and permits granted by local authorities into local treasuries Section 27. All fees for licenses and permits authorized to be granted by the commission under this chapter, and all moneys payable under section twenty-one, shall be paid into the state treasury and shall be credited to the General Fund. All fees for licenses and permits authorized to be granted by the local licensing authorities under this chapter shall be paid into the treasuries of their respective cities and towns.
Chapter 138: Section 28. Sale of alcoholic beverage to churches, religious societies, hospitals, homes for aged people and to manufacturers of food products Section 28. The holder of a license under section 18, 19, 19B, 19C or 19D may sell those alcoholic beverages which such licensees are authorized to sell to churches and religious societies, educational institutions licensed under section fourteen, incorporated hospitals and homes for aged people whose real or personal property is exempt from taxation under the laws of the commonwealth, and to manufacturers of food products, including ice cream, for use only in connection with the manufacture of such products, and to manufacturers of drugs and chemicals for use only in the manufacture or preparation of articles mentioned in section thirty-five of chapter one hundred and twelve, in such quantities and subject to such restrictions as the commission may by regulation prescribe. The holder of such a license may also sell and deliver such beverages to any person on any federal or state military or naval reservation authorized by the commanding officer thereof to purchase and receive the same.
Chapter 138: Section 29. Use and sale of alcoholic beverages by registered pharmacists; prescriptions; prescription books; sales in original sealed packages Section 29. A registered pharmacist in a city or town who holds a certificate of fitness under the following section, having complied with all provisions of law relative to the practice of pharmacy, irrespective of the vote of the city or town under section eleven, may use alcohol for the manufacture of United States pharmacopoeia or national formulary preparations and all medicinal preparations unfit for beverage purposes, and may sell alcohol, and, upon the prescription of a registered physician, (1) wines, (2) malt beverages, and (3) other alcoholic beverages. Each of the three foregoing classes shall be sold only on separate prescriptions and in quantity not exceeding one gallon of wines, one gallon of malt beverages and one quart of other alcoholic beverages. Every such prescription shall be dated and signed by the physician and shall contain the name of the person prescribed for.
All such prescriptions shall be retained and kept on file in a separate book by the pharmacist selling the same and shall not be refilled. Such prescription book shall be open at all times to inspection of the board of registration in pharmacy, licensing authorities and their agents and police officers. Nothing in this chapter shall disqualify a registered pharmacist from being licensed under section fifteen, provided that he sells no cooked food to be consumed on the premises; but a license issued to a registered pharmacist under said section shall be included in computing the number of licenses that may be granted in any city or town as provided in section seventeen.
Sales of alcoholic beverages hereunder shall be made only in the original sealed packages, and such beverages shall not be permitted to be drunk on the premises.
for private use Section 3. This chapter shall not apply to the manufacture or storage of alcoholic beverages by a person for his own private use or to sales of cider at wholesale by the original makers thereof, or to sales of cider by farmers, not to be drunk on the premises, in quantities not exceeding in the aggregate the product of apples raised by them in the season of, or next preceding, such sales, or to sales of cider in any quantity by such farmers not to be drunk on the premises if such cider does not contain more than three per cent of alcohol by weight at sixty degrees Fahrenheit; nor shall this chapter apply to sales of cider by the original makers thereof other than such makers and farmers selling not to be drunk on the premises as aforesaid, if the cider does not contain more than three per cent alcohol as aforesaid, not to be drunk on the premises as aforesaid.
Chapter 138: Section 30. Issuance of certificate of fitness to registered pharmacist; fee; revocation Section 30. The board of registration in pharmacy may issue to a registered pharmacist who desires to exercise the authority conferred by section twenty-nine, a certificate of fitness, stating that in the judgment of said board he is a proper person to be intrusted with such authority and that the public good will be promoted by the granting thereof. The board or the local licensing authorities may, after giving a hearing to the parties interested, revoke or suspend such certificate for any cause which they may deem proper, and such revocation or suspension shall revoke or suspend all authority conferred by section twenty-nine. Said certificate of fitness shall expire on December thirty-first of each uneven numbered year, following the date of its issue, and the fee therefor shall be twenty-five dollars for two years, or any part thereof.
Chapter 138: Section 30A. Registered pharmacists’ licenses to sell alcoholic beverages without prescription; hours of sales Section 30A. A registered pharmacist in a city or town wherein the granting of licenses to sell all alcoholic beverages is authorized may be licensed by the local licensing authorities to sell alcoholic beverages for medicinal, mechanical or chemical purposes without a physician’s prescription subject to the limitations contained in section thirty-three, the said sales to be recorded in the manner prescribed in section thirty E. Sales of alcoholic beverages hereunder shall be made only in the original sealed packages and such beverages shall not be permitted to be drunk on the premises. Sales of such beverages by a licensee hereunder shall be permitted only during such hours as sales thereof may be made by a licensee under section fifteen.
Chapter 138: Section 30B. Kinds of licenses issued to druggists under section 30A; transfers Section 30B. One or more licenses may be granted annually under the provisions of section thirty A by the licensing authorities of a city or town to retail druggists who are registered pharmacists actively engaged in business on their own account, or on the account of the widow, executor or administrator of a deceased registered pharmacist, or of the wife of one who has become incapacitated, upon presentation to said authorities of the certificate prescribed by section thirty, if it appears that the applicant is a proper person to receive such license. A registered pharmacist who owns stock of the actual value of at least five hundred dollars in a corporation which has been incorporated for the purpose of carrying on the drug business, and who conducts in person the business of a store of such corporation, shall be considered as actively engaged in business on his own account and as qualified to receive a license for such store. The licensing authorities may refuse to grant any and all such licenses.
A license granted under section thirty A may be transferred to a registered pharmacist, qualified to receive such a license in the first instance, if the licensing authorities determine that the interests in the ownership of the store in which the license was granted to be exercised remain substantially unchanged.
Chapter 138: Section 30C. Termination of druggist’s license upon cessation of business Section 30C. A license issued under section thirty A shall become null and void without any process or decree, if the registered pharmacist to whom it has been granted ceases to conduct his business in person and on his own account, or upon the revocation of his certificate of registration as a pharmacist, unless the registered pharmacist has been unable to so conduct his business or has died, and his business is continued by his wife, widow, executor or administrator under another registered pharmacist.
Chapter 138: Section 30D. Purpose of sale of alcoholic beverages; certificate of purchaser Section 30D. Retail pharmacists licensed under section thirty A shall not sell alcoholic beverages of any kind for medicinal, mechanical or chemical purposes except upon the certificate of the purchaser, which shall state the use for which it is wanted, and which shall be immediately cancelled at the time of sale in such manner as to show the date of cancellation.
Chapter 138: Section 30E. Record book of registered pharmacists of sales of alcoholic beverages; form of certificate Section 30E. Every retail pharmacist licensed under section thirty A shall keep a book in which he shall enter, at the time of every such sale, the date thereof, the name of the purchaser, the kind, quantity and price of said beverage, the purpose for which it was sold, and the residence by street and number if any, of said purchaser. If such sale is made upon the prescription of a physician, the book shall also contain the name of the physician and shall state the use for which said beverage is prescribed and the quantity to be used for such purpose, and the prescription shall be cancelled in the manner provided in the preceding section with reference to certificates. Said book shall be in form substantially as follows:The certificate mentioned in the preceding section shall be a part of said book and shall not be detached therefrom, and shall be in form substantially as follows:CERTIFICATEI wish to purchase _______ and I certify that I am not a person under age twenty-one and that the same is to be used for *Mechanical *Chemical *Medicinal purpose.
(*Draw a line through the words which do not indicate the purpose of the purchase.
)SignatureCancelled Chapter 138: Section 30F. Inspection of books, certificates and prescriptions Section 30F. The book, certificates and prescriptions provided for in the two preceding sections shall at all times be kept on the licensed premises and be open to the inspection of the board of registration in pharmacy, the licensing authorities or their agents, the aldermen, the selectmen when not constituting the local licensing authorities, sheriffs, constables, police officers and justices of the peace.
Chapter 138: Section 30G. Illegal sale of alcoholic beverages in name of registered pharmacist Section 30G. A person, not a registered pharmacist, who procures a license for the sale of alcoholic beverages under section thirty A in the name of a registered pharmacist who is dead, or in the name of a registered pharmacist by borrowing, hiring or purchasing the use of his certificate, and, being himself the owner or manager of the place, personally or by his servants sells alcoholic beverages, shall be punished by a fine of not less than fifty nor more than five hundred dollars and by imprisonment for not less than one nor more than six months. Section eleven of chapter two hundred and seventy-nine shall not apply to a conviction under this section.
Chapter 138: Section 30H. Possession or transportation of alcoholic beverages not authorized to be sold as prima facie evidence of violation of chapter Section 30H. Possession on the licensed premises by any licensee under this chapter of any alcoholic beverages or alcohol not authorized to be sold or used under the terms of his license shall be prima facie evidence that such beverage or alcohol is kept for sale in violation of this chapter. Transportation of any alcoholic beverage or alcohol in any vehicle covered by a transportation permit issued to a licensee under this chapter or his employee shall, if such alcoholic beverage or alcohol is not authorized to be sold or used under the terms of the license issued to such licensee, be prima facie evidence that such alcoholic beverage or alcohol is being transported in violation of this chapter.
Chapter 138: Section 31. Repealed, 1962, 333 Chapter 138: Section 32. Hawking or peddling of alcoholic beverages Section 32. No holder of a license or permit under this chapter shall himself or through an agent or employee go from town to town or from place to place in the same town selling, bartering, hawking or peddling, or exposing or carrying for sale, barter, hawking or peddling, any alcoholic beverages from a vehicle. All sales of such beverages under section fifteen and all sales thereof by a licensee under section eighteen, nineteen, nineteen B or nineteen C where transportation and delivery are required, shall be made only upon orders actually received at the licensed place of business prior to the shipment thereof. Violation of this section shall be punished by a fine not exceeding two hundred dollars or by imprisonment for not more than six months, or both.
Chapter 138: Section 33. Sales and delivery of alcoholic beverages on election days, Sundays and legal holidays Section 33. (a) No licensee under section 15 shall sell or deliver alcoholic beverages, and no registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a physician’s prescription, during polling hours on any day on which a state or municipal election, caucus or primary is held in a city or town in which such licensed place is conducted; provided that these restrictions shall not apply if the local licensing authority issues an order to that effect applicable alike to all licensees of every class subject to such restrictions. Except as provided in section 33A, no holder of a tavern license shall sell any alcoholic beverages on Sundays and no other licensee under section 12 shall sell any such beverages on Sundays between 1:00 a.
m. and 12:00 noon and in any county other than Suffolk, no licensee under section 12 shall sell any such beverages on Christmas day, or on the day following when Christmas occurs on a Sunday, or on the last Monday in May, between 1:00 a.
m. and 12:00 noon. In Suffolk county, no licensee under said section 12 shall sell alcoholic beverages on Christmas day or on the day following when Christmas occurs on a Sunday, or on the last Monday in May, between 2:00 a.
m. and 12:00 noon. No registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a prescription on Sundays or legal holidays, no licensee under section 15 shall sell or deliver any alcoholic beverages on the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas day occurs on a Sunday. No licensee under section 18 or 19 shall sell or deliver alcoholic beverages on a Sunday or on the last Monday in May, Thanksgiving day or Christmas day or on the day following when Christmas occurs on a Sunday; provided, however, that a licensee under section 19B may sell wine at retail by the bottle to consumers for consumption off the winery premises on Sundays and legal holidays; provided further, that a licensee under section 19C may sell malt beverages at retail by the bottle to consumers for consumption off the brewery premises on Sundays and legal holidays; provided further, that a licensee under section 19E may sell distilled products at retail by the bottle to consumers for consumption off the distillery premises on Sundays and legal holidays; provided further, that a licensee who is a natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday and who sells or delivers kosher meat or fish pursuant to clause (23) of section 6 of chapter 136, may sell or deliver kosher wine on Sundays if it has been labeled and certified as such. Notwithstanding chapter 136 or 140 to the contrary, the local licensing authorities may authorize a licensee under section 12, who is authorized to sell alcoholic beverages on Sundays between the hours of 12:00 midnight and 1:00 a.
m. or 2:00 a.
m.
, to allow dancing during that 1 or 2-hour period, as the case may be, in which he is so authorized to sell alcoholic beverages.
[There is no subsection (b).
] (c) Notwithstanding the provisions of section 77 of chapter 138 a city or town that authorizes licensees under section 15 to conduct business on a Sunday as provided by clause 52 of section 6 of chapter 136 shall permit said licensee to cease the conduct of business on one day of the week.
Chapter 138: Section 33A. Sales of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays; sales between 1:00 A.
M. and 2:00 A.
M. Section 33A. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of one o’clock ante meridian and two o’clock ante meridian on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday.
Chapter 138: Section 33B. Sales of alcoholic beverages by on-premise licensees on Sundays and certain legal holidays; sales between 11:00 A.
M. and 12:00 noon Section 33B. The local licensing authority of any city or town which accepts this section may authorize licensees under section twelve to sell alcoholic beverages between the hours of eleven o’clock ante meridian and twelve o’clock noon on Sundays, the last Monday in May and on Christmas day or on the day following when said day occurs on Sunday.
Chapter 138: Section 34. Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age Section 34. No person shall receive a license or permit under this chapter who is under 21 years of age. Whoever makes a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under section 12 or 15, delivers or procures to be delivered in any public room or area of such establishment if licensed under section 12, 15, 19B, 19C or 19D or in any area of such establishment if licensed under said section 15, 19B, 19C or 19D any such beverages or alcohol to or for use by a person who he knows or has reason to believe is under 21 years of age or whoever procures any such beverage or alcohol for a person under 21 years of age in any establishment licensed under section 12 or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment licensed under said section 15, 19B, 19C or 19D or whoever furnishes any such beverage or alcohol for a person under 21 years of age shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year or both. For the purpose of this section the word “furnish” shall mean to knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age except for the children and grandchildren of the person being charged to possess alcoholic beverages on premises or property owned or controlled by the person charged. Nothing in this section shall be construed to prohibit any person licensed under this chapter from employing any person 18 years of age or older for the direct handling or selling of alcoholic beverages or alcohol.
Notwithstanding the provisions of clause (14) of section 62 of chapter 149, a licensee under this chapter may employ a person under the age of 18 who does not directly handle, sell, mix or serve alcohol or alcoholic beverages.
Chapter 138: Section 34A. Persons under twenty-one years; purchase or attempt to purchase alcoholic beverages Section 34A. Any person under twenty-one years of age who purchases or attempts to purchase alcoholic beverages or alcohol, or makes arrangements with any person to purchase or in any way procure such beverages, or who willfully misrepresents his age, or in any way alters, defaces or otherwise falsifies his identification offered as proof of age, with the intent of purchasing alcoholic beverages, either for his own use or for the use of any other person shall be punished by a fine of three hundred dollars and whoever knowingly makes a false statement as to the age of a person who is under twenty-one years of age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, either for the use of the person under twenty-one years of age or for the use of some other person, and whoever induces a person under twenty-one years of age to make a false statement as to his age in order to procure a sale or delivery of such beverages or alcohol to such person under twenty-one years of age, shall be punished by a fine of three hundred dollars. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court. Upon receipt of such notice the registrar shall thereupon suspend for 180 days the defendant’s license or right to operate a motor vehicle.
The commission shall prepare and distribute to business establishments which sell, serve or otherwise dispense alcohol or alcoholic beverages to the general public, posters to be displayed therein in a conspicuous place. Said posters shall contain a summary and explanation of this section.
Chapter 138: Section 34B. Liquor purchase identification cards Section 34B. Any person who shall have attained age twenty-one and does not hold a valid operator’s license issued by the registry of motor vehicles, pursuant to section eight of chapter ninety, may apply for a liquor purchase identification card. Such cards shall be valid for five years and shall be issued by the registry of motor vehicles pursuant to regulations prescribed by the registrar with the advice of the commission and shall bear the name, signature, date of birth, address and photograph of such person. The registry of motor vehicles shall require payment of a twenty-five dollar fee for any card issued pursuant to this section.
Any licensee, or agent or employee thereof, under this chapter who reasonably relies on such a liquor purchase identification card or motor vehicle license issued pursuant to section eight of chapter ninety, or on a valid passport issued by the United States government, or by the government, recognized by the United States government, of a foreign country, or a valid United States issued military identification card, for proof of a person’s identity and age shall not suffer any modification, suspension, revocation or cancellation of such license, nor shall he suffer any criminal liability, for delivering or selling alcohol or alcoholic beverages to a person under twenty-one years of age. Any licensee, or agent or employee thereof, under this chapter, who reasonably relies on such a liquor purchase identification card or motor vehicle license issued pursuant to said section eight, for proof of a person’s identity and age shall be presumed to have exercised due care in making such delivery or sale of alcohol or alcoholic beverages to a person under twenty-one years of age. Such presumption shall be rebuttable; provided, however, that nothing contained herein shall affect the applicability of section sixty-nine.
Any person in a licensed premises shall, upon request of an agent of the commission or the local licensing authorities, state his name, age, and address. Whoever, upon such request, refuses to state his name, age or address, or states a false name, age, or address, including a name or address which is not his name or address in ordinary use, shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars.
Any person who transfers, alters or defaces any such card or license, or who makes, uses, carries, sells or distributes a false identification card or license, or uses the identification card or motor vehicle license of another, or furnishes false information in obtaining such card or license, shall be guilty of a misdemeanor and shall be punished by a fine of not more than two hundred dollars or by imprisonment for not more than three months.
Any person who is discovered by a police officer or special police officer in the act of violating the provisions of this section may be arrested without a warrant by such police officer or special police officer and held in custody, in jail or otherwise, until a complaint is made against him for such offense, which complaint shall be made as soon as practicable and in any case within twenty-four hours, Sundays and legal holidays excepted.
Chapter 138: Section 34C. Minors; operation of motor vehicle containing alcoholic beverage; suspension of driver’s license Section 34C. Whoever, being under twenty-one years of age and not accompanied by a parent or legal guardian, knowingly possesses, transports or carries on his person, any alcohol or alcoholic beverages, shall be punished by a fine of not more than fifty dollars for the first offense and not more than one hundred and fifty dollars for a second or subsequent offense; provided, however, that this section shall not apply to a person between the ages of eighteen and twenty-one who knowingly possesses, transports or carries on his person, alcohol or alcoholic beverages in the course of his employment. A police officer may arrest without a warrant any person who violates this section. A conviction of a violation of this section shall be reported forthwith to the registrar of motor vehicles by the court, and said registrar shall thereupon suspend for a period of ninety days the license of such person to operate a motor vehicle.
Chapter 138: Section 34D. Posting notices of penalties for driving while under influence and driving while drinking from open container of alcohol Section 34D. Any establishment which sells alcoholic beverages to be drunk on the premises, shall post a copy of the penalties set forth in subdivision (1) of section twenty-four of chapter ninety for driving under the influence. Any establishment which sells alcoholic beverages not to be drunk on the premises shall post a copy of the penalties set forth in section twenty-four I of said chapter ninety for operating a motor vehicle while drinking from an open container of alcohol. Said copies shall be posted conspicuously by the owner or person in charge of the respective establishment, and whoever violates this provision shall be punished by a fine of not more than fifty dollars. Any person unlawfully removing a copy so posted shall be punished by a fine of fifty dollars. Said copies, printed in letters not less in size than eighteen point capitals, boldface, shall be prepared by the commission and distributed to business establishments which sell, serve or otherwise dispense alcohol or alcoholic beverages to the general public.
Chapter 138: Section 35. Sales of alcoholic beverages outside limits of reservations or boulevards Section 35. No rule or regulation made by the commissioner of conservation and recreation for the government and use of the reservations or boulevards under its care within the urban parks district shall prohibit or restrict the sale of alcoholic beverages in any building or place outside the limits of said reservations or boulevards if a license for such sale has been granted hereunder.
Chapter 138: Section 36. Analysis of alcoholic beverages by department of public health Section 36. The analyst or assistant analyst of the department of public health shall upon request make, free of charge, an analysis of all alcoholic beverages sent to it by the licensing authorities or by police officers or other officers authorized by law to make seizures of alcoholic beverages, if the department is satisfied that the analysis requested is to be used in connection with the enforcement of the laws of the commonwealth. The said department shall return to such police or other officers, as soon as may be, a certificate, signed by the analyst or assistant analyst making such analysis, of the percentage of alcohol which such samples of beverages contain, and, if the commission so requests, of the composition and quality of such beverages as shown by the samples submitted. Such certificate shall be prima facie evidence of the composition and quality of the alcoholic beverages to which it relates, and the court may take judicial notice of the signature of the analyst or the assistant analyst, and of the fact that he is such.
Chapter 138: Section 37. Certificate accompanying sample of beverages to be analyzed; contents Section 37. A certificate shall accompany each sample of beverages sent for analysis by an officer to the department of public health stating from whom the beverages were seized, the date of the seizure and the name and residence of the officer who seized said beverages. Said department shall note upon said certificate the date of the receipt and the analysis of said alcoholic beverages and the percentage of the alcohol or the composition and quality of said beverages, as the case may be, as required by section thirty-six on a form prescribed by said department of public health.
Chapter 138: Section 38. Forms of commission Section 38. The commission shall provide and cause officers of be supplied with a suitable number of the forms prescribed by section thirty-seven. The certificate of the department of public health, given substantially in the form hereinbefore set forth, shall be admitted as evidence on trials for the forfeiture of alcoholic beverages as to the composition and quality of the beverages to which it relates.
Chapter 138: Section 39. Tampering with samples of alcoholic beverages Section 39. No person shall tamper with samples of alcoholic beverages taken as provided in section sixty-three or alter the statements made upon the forms or certificates aforesaid.
Chapter 138: Section 4. Licensing boards; appointments; membership Section 4. In each city which is not exempt by the provisions of section ten there shall be a licensing board appointed by the mayor, subject to confirmation by the board of aldermen or, if there is no such board, by the city council, consisting of three persons, who shall not be engaged, directly or indirectly, in the manufacture or sale of alcoholic beverages, who have been residents of the city in which they are appointed for at least two years immediately preceding their appointment. One member shall be appointed from each of the two leading political parties and the third member may also be appointed from one of said parties. If any member of said board engages directly or indirectly in such manufacture or sale, his office shall immediately become vacant.
Chapter 138: Section 40. Analysis of alcoholic beverages by court order; fee Section 40. Any court may cause alcoholic beverages which have been seized under this chapter to be analyzed by a competent chemist, and the reasonable expense thereof, including a fee of not more than five dollars for each analysis, shall be taxed, allowed and paid like other expenses in criminal cases.
Chapter 138: Section 41. Delivery of alcoholic beverages as prima facie evidence of sale Section 41. The delivery of alcoholic beverages in or from a building, booth, stand or other place, except a private dwelling house, or in or from a private dwelling house if any part thereof or its dependencies is used as an inn, eating house or shop of any kind, or other place of common resort, such delivery in either case being to a person not a resident therein, shall be prima facie evidence that such delivery is a sale.
Chapter 138: Section 42. Issuance of search warrant Section 42. If two persons of full age make complaint to a district court or justice of the peace authorized to issue warrants in criminal cases that they have reason to believe and do believe that alcoholic beverages, described in the complaint, are kept or deposited by a person named therein in a store, shop, warehouse, building, vehicle, steamboat, vessel or place, and are intended for sale contrary to law, such court or justice, if it appears that there is probable cause to believe said complaint to be true, shall issue a search warrant to a sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy marshal, police officer, including a state police officer, or constable, commanding him to search the premises in which it is alleged that such alcoholic beverages are deposited, and to seize such beverages, the vessels in which they are contained and all implements of sale and furniture used or kept and provided to be used in the illegal keeping or sale of such beverages, and securely keep the same until final action thereon, and return the warrant with his doings thereon, as soon as may be, to a district court having jurisdiction in the place in which such beverages are alleged to be kept or deposited.
For the purposes of this and the thirteen following sections, the words “alcoholic beverages” shall be deemed to include “alcohol”.
Chapter 138: Section 43. Search of dwelling house Section 43. A warrant shall not be issued for the search of a dwelling house, if no inn, tavern, store, grocery, eating house or place of common resort is kept therein, unless one of the complainants makes oath that he has evidence that such alcoholic beverages have been sold therein or taken therefrom for the purpose of being sold by the occupant, or by his consent, or permission, contrary to law, within one month next before making such complaint, and are then kept therein for sale contrary to law by the person complained against. Such complainant shall state the facts and circumstances which constitute such evidence, and such allegations shall be recited in the complaint and warrant.
Chapter 138: Section 44. Sufficiency of complaint and warrant Section 44. The complaint shall particularly designate the building, structure and place to be searched, the alcoholic beverages to be seized, the person by whom they are owned, kept or possessed and intended for sale, and shall allege the intent of such person to sell the same contrary to law. The warrant shall allege that probable cause has been shown for the issuing thereof; and the place to be searched, the alcoholic beverages to be seized, and the person believed to be the owner, possessor, or keeper of such beverages, intending to sell the same contrary to law, shall be designated therein with the same particularity as in the complaint and the complainants shall be summoned to appear as witnesses.
Chapter 138: Section 45. Search of premises; seizure of alcoholic beverages Section 45. The officer to whom the warrant is committed shall search the premises and seize the alcoholic beverages described in the warrant, the casks or other vessels in which the same are contained, and all implements of sale and furniture used or kept and provided to be used in the illegal keeping or sale of such beverages, if they are found in or upon said premises, and shall convey the same to some place of security, where he shall keep the beverages and vessels until final action is had thereon.
Chapter 138: Section 46. Searches and seizures without warrant Section 46. A sheriff, deputy sheriff, city marshal, chief of police, deputy chief of police, deputy or assistant marshal, police officer, including a state police officer, or constable who, without a search warrant duly committed to him, searches for or seizes alcoholic beverages in a dwelling shall be punished by a fine of not less than five nor more than one hundred dollars.
Chapter 138: Section 47. Notice to keeper of alcoholic beverages to appear and answer complaint Section 47. The court before whom the warrant is returned shall, within twenty-four hours after the seizure thereunder of the alcoholic beverages and the vessels containing them, issue a notice, under seal, and signed by the justice or the clerk of said court, commanding the person complained against as the keeper of the beverages seized and all other persons who claim any interest therein or in the casks or vessels containing the same to appear before said court, at a time and place therein named, to answer to said complaint and show cause why such beverages and the vessels containing them should not be forfeited.
Chapter 138: Section 48. Notice; contents; service Section 48. The notice shall contain a description of the number and kind of vessels, the quantity and kind of alcoholic beverages seized, as nearly as may be, and shall state when and where they were seized. It shall, not less than fourteen days before the time appointed for the trial, be served by a sheriff, deputy sheriff, constable or police officer upon the person charged with being the keeper thereof by leaving an attested copy thereof with him personally or at his usual place of abode, if he is an inhabitant of the commonwealth, and by posting an attested copy on the building in which the beverages were seized, if they were found in a building; otherwise in a public place in the city or town in which the beverages were seized.
Chapter 138: Section 49. Postponement of trial Section 49. If, at the time appointed for trial, said notice has not been duly served, or other sufficient cause appears, the trial may be postponed to some other day and place, and such further notice issued as shall supply any defect in the previous notice; and time and opportunity for trial and defence shall be given to persons interested.
Chapter 138: Section 5. Terms of office of licensing board; removal; review; notice; fee Section 5. The terms of office of the members first appointed shall commence at the date of their appointment, and shall be so arranged as to expire at the end of two, four or six years from the first Monday in June in the year of their appointment, the date of expiration to be specified in their respective commissions; and thereafter a member shall be appointed for a term of six years from the first Monday in June of the year in which the previous term expires. All members shall hold office until their respective successors are qualified. They may be removed by the mayor for cause, after charges preferred, reasonable notice thereof, and a hearing thereon; and the mayor shall, in the order of removal, state his reasons therefor. Any member of said board may, within seven days after notice of his removal, apply to the superior court for a review of the charges, of the evidence submitted thereunder, and of the findings thereon by the mayor. Notice of the entry of such application shall be given to the mayor by serving upon him an attested copy thereof. The entry fee, costs, and all proceedings upon such application shall be according to the rules regulating the trial of civil causes. The court, after a hearing, shall affirm or revoke the order of the mayor removing such member, and there shall be no appeal from the decision.
If any member of said board who has been removed from office shall apply to the superior court for the review provided for in this section, he shall be entitled to a speedy hearing, and in no event shall the removal take effect until the court shall have affirmed the order removing the member; and until such order is affirmed the member shall continue to exercise the powers and perform the duties of his office.
Chapter 138: Section 50. Admission of claimant of alcoholic beverages as party to trial; forfeiture of alcoholic beverages unlawfully kept; sale of motor vehicle held to be implement or container of alcoholic beverages Section 50. At the time and place designated in the notice, the person complained against, or any person claiming an interest in the alcoholic beverages and vessel seized, or any part thereof, may appear and make his claim verbally or in writing, and a record of his appearance and claim shall be made, and he shall be admitted as a party to the trial. Whether a claim as aforesaid is made or not, the court shall proceed to try, hear and determine the allegations of such complaint, and whether said beverages and vessels, or any part thereof, are forfeited. If it appears that the beverages, or any part thereof, were at the time of making the complaint owned or kept by the person alleged therein for the purpose of being sold in violation of law, the court shall render judgment that such and so much of the beverages so seized as were so unlawfully kept, and the vessels in which they are contained, shall, except as hereinafter provided, be forfeited to the commonwealth. If a motor vehicle is seized under the provisions of this chapter and is held to be a container or implement of sale of alcoholic beverages contrary to law, the court shall, unless good cause to the contrary is shown, order a sale of such motor vehicle by public auction and the officer making the sale, after deducting the expense of keeping the motor vehicle, the fee for the seizure and the cost of the sale, shall pay all liens, according to their priorities, which are established, by intervention or otherwise, at said trial or in other proceedings brought for said purpose, as being bona fide and as having been created without the lienor having any notice that such motor vehicle was being used or was to be used as a container or implement of sale of alcoholic beverages contrary to law. The balance, if any, of the proceeds of the sale shall be forfeited to the commonwealth and shall be paid by said officer into its treasury. All liens against any motor vehicle sold under the provisions of this section shall be transferred from said motor vehicle to the proceeds of its sale.
Chapter 138: Section 51. Disposition of forfeited alcoholic beverages and vessels Section 51. Any beverages and vessels so forfeited shall, by authority of the written order of the court, be forwarded to the colonel of the state police, who upon receipt of the same shall notify said court thereof. If, in the judgment of the colonel, it is for the best interests of the commonwealth that such beverages and vessels be destroyed, he shall destroy or cause the destruction of such beverages and vessels, but if in his judgment it is for the best interests of the commonwealth to sell the same, he shall cause the same to be sold, or he may deliver such alcoholic beverages to any department or agency of the commonwealth for medical, mechanical or scientific uses. The proceeds of such sales shall be paid into the treasury of the commonwealth. The officer who serves said order of the court shall be allowed therefor fifty cents, but shall not be entitled to receive any traveling fees or mileage on account of the service thereof.
Chapter 138: Section 52. Return of alcoholic beverages not forfeited; order; endorsement Section 52. If it is not proved on the trial that all or part of the beverages seized was kept or deposited for sale contrary to law, the court shall issue a written order to the officer having the same in custody to return so much thereof as was not proved to be so kept or deposited and the vessels in which it is contained, to the place as nearly as may be from which it was taken, or to deliver it to the person entitled to receive it. After executing such order, the officer shall return it to the court with his doings endorsed thereon.
Chapter 138: Section 53. Forfeiture and disposition of implements and furniture Section 53. All implements of sale and furniture seized under sections forty-two and forty-five shall be forfeited and disposed of in the manner provided for the forfeiture and disposition of alcoholic beverages; but the court may, if it is deemed to be for the interest of the commonwealth, order the destruction or sale of said property by any officer qualified to serve criminal process and the proceeds of a sale thereof shall be paid over to the county; and said officer shall make return of the order for such destruction or sale and his doings thereon to the court issuing the same. The provisions of this section shall not apply to a motor vehicle if seized and held to be an implement of sale as aforesaid, but the disposition of such a motor vehicle shall be governed by the provisions of section fifty.
Chapter 138: Section 54. Cost of proceedings Section 54. If no person appears and is admitted as a party as aforesaid, or if judgment is rendered in favor of all the claimants who appear, the cost of the proceedings shall be paid as in other criminal cases. If only one party appearing fails to sustain his claim, he shall pay all the costs except the expense of seizing and keeping the beverages, and an execution shall be issued against him therefor. If judgment is rendered against two or more claimants of distinct interest in the beverages, the cost shall, according to the discretion of the court, be apportioned among such parties, and executions shall be issued against them severally. If such execution is not forthwith paid, the defendant therein named shall be committed to jail, and shall not be discharged therefrom until he has paid the same and the costs of commitment, or until he has been imprisoned thirty days.
Chapter 138: Section 55. Appeal Section 55. A claimant whose claim is not allowed as aforesaid, and the person complained against, shall each have the same right of appeal to the superior court as if he had been convicted of crime; but before his appeal is allowed he shall recognize to the commonwealth in the sum of two hundred dollars, with sufficient surety or sureties, to prosecute his appeal to the superior court and to abide the sentence of the court thereon. Upon such appeal, any question of fact shall be tried by a jury. On the judgment of the court after verdict, whether a forfeiture of the whole or any part of the alcoholic beverages and vessels seized, or otherwise, similar proceedings shall be had as are directed in the five preceding sections.
Chapter 138: Section 56. Arrest without warrant of persons found in act of illegally manufacturing or selling alcoholic beverages; seizures Section 56. A deputy sheriff, chief of police, deputy chief of police, city marshal, deputy or assistant marshal, police officer including a state police officer, or constable, or, in the county of Dukes or Nantucket, the sheriff anywhere within his county, or any investigator of the commission, may without a warrant arrest any person whom he finds in the act of illegally manufacturing, selling or exposing or keeping for sale, storing, transporting, importing or exporting alcoholic beverages or alcohol, and seize the said beverages or alcohol and any vessels and implements of manufacture or sale in the possession of such person, and detain them until warrants can be procured against such person, and for the seizure of said beverages or alcohol, vessels and implements, under this chapter. Such officers shall enforce or cause to be enforced the penalties provided by law against every person who is guilty of a violation of this chapter of which they can obtain reasonable proof, and shall make all needful and appropriate investigations for the said purpose.
Chapter 138: Section 57. Notification of licensing authorities of conviction of holder of license, permit or certificate Section 57. Upon the conviction of a holder of a license, permit or certificate of fitness under this chapter of the violation of any law relative to the business conducted under authority thereof, the court in which he has been convicted shall send to the authorities which issued the license, permit or certificate and to the commission a certificate under seal, showing the time and place of such conviction.
Chapter 138: Section 58. Notice of conviction of tenant to owner of building used for illegal keeping or sale Section 58. Upon the conviction of a person of the illegal keeping or sale of alcoholic beverages, the court wherein he has been convicted shall issue and cause to be served upon the owner of the building, or agent of such owner in charge of the building, used for such illegal keeping or sale, if he resides within the commonwealth and is not the person so convicted, a written notice that the tenant of said building has been convicted as aforesaid; and a return thereof shall be made to the court or magistrate issuing it. Such notice, so served, shall be deemed to be due and sufficient notice under section twenty of chapter one hundred and thirty-nine.
Chapter 138: Section 59. Forms used in prosecutions Section 59. The forms heretofore in use may continue to be used in prosecutions under this chapter, and if substantially followed shall be deemed sufficient to fully and plainly, substantially and formally describe the several offences in each of them set forth, and to authorize the lawful doings of the officers acting by virtue of the warrants issued in substantial conformity therewith; but this section shall not exclude the use of other suitable forms.
Chapter 138: Section 6. Chairman; quorum; vacancies Section 6. The mayor shall designate one member as chairman, who shall also act as secretary. Two members shall be a quorum for the transaction of business. If a member ceases to be a resident of the city for which he is appointed or becomes unable to perform his official duties, there shall be a vacancy in the board. All vacancies shall be filled by the mayor for the remainder of the unexpired term in the manner provided for an original appointment.
Chapter 138: Section 60. Common nuisances Section 60. All alcoholic beverages which are kept for sale contrary to law and the implements and vessels actually used in selling and keeping the same are declared to be common nuisances.
Chapter 138: Section 61. Buildings used by clubs for selling and distributing alcoholic beverages as common nuisances Section 61. All buildings or places used by clubs for the purpose of selling, distributing or dispensing alcoholic beverages to their members or others shall be deemed common nuisances unless duly licensed under this chapter. Whoever keeps or maintains, or assists in keeping or maintaining, such a common nuisance shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than three months nor more than one year, or both.
Chapter 138: Section 62. Penalty Section 62. A violation by any person of any provision of this chapter for which a specific penalty is not provided or a violation by a licensee or permitted of any provision of his license or permit or of any regulation made under authority of this chapter shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than one month nor more than one year, or both.
Chapter 138: Section 63. Entry of licensing authorities upon licensed premises; taking of samples Section 63. The local licensing authorities or their agents may at any time enter upon the premises of a person who is licensed by them, and the commission or its agents may enter upon the premises of any holder of a license, permit or certificate of fitness under this chapter, to ascertain the manner in which he conducts the business carried on under such license, permit or certificate. Such licensing authorities or their agents may at any time take samples for analysis from any beverages or alcohol kept on such premises, and the vessel or vessels containing such samples shall be sealed on the premises in the presence of the holder of such license, permit or certificate or one of his employees, and shall remain so sealed until presented to the state department of public health for analysis, and duplicate samples shall be left with such holder.
Chapter 138: Section 63A. Hindering or delaying investigator, inspector or agent of commission Section 63A. Any person who hinders or delays any authorized investigator of the commission or any investigator, inspector or any other authorized agent of local licensing authorities in the performance of his duties, or who refuses to admit to or locks out any such investigator, inspector or agent from any place which such investigator, inspector or agent is authorized to inspect, or who refuses to give to such investigator, inspector or agent such information as may be required for the proper enforcement of this chapter, shall be punished by a fine of not less than fifty nor more than two hundred dollars or by imprisonment for not more than two months, or both.
Chapter 138: Section 64. Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds Section 64. The licensing authorities after notice to the licensee and reasonable opportunity for him to be heard by them, may modify, suspend, revoke or cancel his license upon satisfactory proof that he has violated or permitted a violation of any condition thereof, or any law of the commonwealth. If at any hearing a licensee is charged with serving or selling alcohol or alcoholic beverages to a person under twenty-one years of age, written notice of said allegations shall be sent by the licensing authorities to the parent or guardian of such person. If the license is revoked, the licensee shall be disqualified to receive a license for one year after the expiration of the term of the license so revoked, and if he is the owner of the premises described in such revoked license, no license shall be issued to be exercised on said premises for the residue of the term thereof.
If it appears to the commission that a license has been issued under this chapter by the local licensing authorities in excess of the quota prescribed by section seventeen or in violation of section sixteen A or any other provision of this chapter, the commission shall, after notice to said authorities and to the holder of such license and after reasonable opportunity for them to be heard by it, revoke such license, whereupon such license shall be surrendered to said authorities, and the decision of the commission shall be final and conclusive. The holder of a license so revoked shall not be subject to prosecution for any sales theretofore made by him under such license on the ground that such license was illegally issued. The city or town whose licensing authorities issued any license so revoked shall forthwith refund to the holder thereof the entire fee paid therefor and authority is hereby granted to such city or town to pay the same out of any funds available.
Chapter 138: Section 64A. Sale of alcohol to person under 21 or intoxicated person; sanctions; liability insurance Section 64A. In any hearing by the licensing authorities pursuant to the first paragraph of section 64, where the licensing authorities find that a licensee pursuant to section 12 has served or sold alcohol or alcoholic beverages either to a person under 21 years of age in violation of section 64 or to an intoxicated person in violation of section 69 within the 24 months immediately preceding the date of the alleged violation which is the subject of the hearing, such licensing authorities may, in addition to imposing any other sanctions, require as a condition precedent to any modification, reinstatement or renewal of such license thereafter that the licensee provide a certificate of insurance for liquor liability providing security for the liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons. Said limits may be increased at the discretion of the licensing authorities.
Chapter 138: Section 64B. Insurance policy required by licensing authorities; disclosure to insurer; proof of new insurance Section 64B. In any case in which a liquor liability insurance policy has been required as a condition precedent to modification, reinstatement or renewal of a license as provided in section 64A or section 67, a licensee shall disclose to the insurer that such policy is required by the licensing authorities pursuant to said section 64A or 67, shall provide to the liquor liability insurer the mailing address of the licensing authorities and shall direct said insurer to include said authorities as a recipient of any notice which the insurer is required to issue to the licensee pursuant to chapter 175. In any case in which the insurer notifies the licensee and the licensing authorities that it intends to terminate the contract upon expiration of the requisite notice period, the licensee shall provide proof of reinstatement or new insurance to the licensing authorities within such period. If the licensee fails to provide such proof prior to receipt by the licensing authorities of a notice of cancellation from the insurer, the licensing authorities shall suspend such license until proof of insurance is delivered, or revoke such license, at their discretion.
Chapter 138: Section 65. Delivery of license upon suspension, revocation, cancellation or forfeiture Section 65. Upon suspension, revocation, cancellation or forfeiture by the licensing authorities of a license or permit granted under this chapter, the holder thereof shall forthwith deliver the same to such authorities. Refusal so to deliver, or failure so to do for seven days following a request therefor by such authorities, shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than three months, or both.
Chapter 138: Section 66. Separability of provisions of chapter Section 66. In respect to their constitutionality, all the provisions of this chapter are hereby declared to be separable.
Chapter 138: Section 67. Appeals on refusal to grant or revocation of license; hearing; notice of approval; revocation by commission; reappeal Section 67. Any applicant for a license who is aggrieved by the action of the local licensing authorities in refusing to grant the same, or by their failure to act within the period of thirty days limited by section sixteen B, or any person who is aggrieved by the action of such authorities in modifying, suspending, cancelling, revoking or declaring forfeited the same, may appeal therefrom to the commission within five days following notice of such action or following the expiration of said period, upon petition in writing, setting forth all the material facts in the case.
The commission shall hold a hearing upon each such appeal, requiring due notice to be given to all interested parties. The decision of the commission shall be made not later than thirty days after the completion of the hearing.
If the commission approves the action of the local licensing authorities it shall issue notice to them to that effect, but if the commission disapproves of their action it shall issue a decision in writing advising said local authorities of the reasons why it does not approve, and shall then remand the matter to the said local authorities for further action. The commission shall not in any event order a license to be issued to any applicant except after said applicant’s application for license has first been granted by the local authorities.
Pending a decision on the appeal, the action of the local licensing authorities shall have the same force and effect as if the appeal had not been taken. Upon the petition of twenty-five persons who are taxpayers of the city or town in which a license has been granted by such authorities, or who are registered voters in the voting precinct or district wherein the licensed premises are situated, the commission shall, or upon its own initiative the commission may, investigate the granting of such a license or the conduct of the business being done thereunder, and shall, after a hearing, modify, suspend, revoke or cancel such license if, in its opinion, circumstances warrant.
If the local licensing authorities fail to suspend, revoke, cancel or declare forfeited a license or to perform any other disciplinary act when lawfully ordered so to do by the commission upon appeal or otherwise, within such reasonable time as it may prescribe, the commission may itself revoke such license or perform such act, with the same force and effect as if issued or performed by the local licensing authorities, but no license shall be issued by the commission except in ratification of a prior issuance to the same party by the local authorities.
In any case in which the commission finds during said hearing that the licensee pursuant to section 12 has served or sold alcohol or alcoholic beverages to either a person under 21 years of age in violation of section 64 or to an intoxicated person in violation of section 69 within the 24 months immediately preceding the date of the alleged violation which is the subject of the hearing, said commission may, in addition to any other sanctions or conditions it may impose, require as a condition precedent to any modification, reinstatement or renewal of said license thereafter that the licensee provide a certificate of insurance for liquor liability of the licensee to a limit of not less than $100,000 to any one person and $200,000 to all persons. In any other case in which the commission may act pursuant to this section, it may increase, but not decrease, the limits of liquor liability insurance, if any, required by the local licensing authorities as a condition precedent to the modification, reinstatement or renewal of a license.
After receipt by the local licensing authorities of a decision from the commission as set forth in the third paragraph hereof, any applicant for renewal of a license or any licensee who is aggrieved by the action of the local licensing authorities modifying, cancelling, revoking or declaring forfeited a license or failing to issue a license, which would in effect renew for one year a license held during the previous year by the applicant may, if the said local licensing authority fails within five days after receipt of said decision to take the action recommended therein, again appeal to the commission, upon petition in writing setting forth all the material facts in the case. In the event of such reappeal, the commission shall hold a hearing on such reappeal, requiring due notice to be given to all interested parties. If the commission, on such reappeal approves the action of the local licensing authorities, it shall issue notice to them to that effect, but if the commission disapproves their action, it shall issue a decision in writing advising said local authorities of the reasons why it does not approve. This decision of the commission on reappeal shall be final; provided, that in no event shall the commission order the local licensing authorities to issue any licenses to an applicant not a party to the appeal. If the local licensing authorities fail to issue a license which would have the effect of renewing for one year a license held by the applicant during the previous year, subject to the limitation set forth herein, or to perform any other act when lawfully ordered so to do by the commission upon reappeal, within such time as it may prescribe, the commission may itself, after such reappeal, issue such license to a party to the appeal or perform such act, with the same force and effect as if issued or performed by the local licensing authorities.
Hearings by the commission on appeals as required by the provisions of this section may be held in the discretion of the commission when required by public convenience or shall be held upon written request of twenty-five persons who are taxpayers of the city or town in which the license is intended to be exercised, in the nearest of the following cities or towns to the city or town in which the license is intended to be exercised:—Pittsfield, Greenfield, Springfield, Worcester, Fitchburg, Boston, Barnstable, New Bedford, Brockton, Lowell or Salem.
Upon the receipt of such appeal the commission shall forthwith notify the local licensing authorities thereof by mailing registered mail and said request shall be made within ten days of such mailing.
Chapter 138: Section 68. Sales or deliveries of alcoholic beverages in times of riot or great public excitement Section 68. The mayor of a city and the selectmen of a town may, in cases of riot or great public excitement, order licensees under this chapter not to sell, give away or deliver any alcoholic beverages on the licensed premises for a period not exceeding three days at any one time. Whoever, himself or by his agents or servants, sells, gives away or delivers any such beverages in violation of an order given under the provisions of this section shall be punished by a fine of two hundred dollars, and upon conviction, his license shall be revoked by the licensing authority.
Chapter 138: Section 69. Sale or delivery to intoxicated persons Section 69. No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person.
Chapter 138: Section 7. Offices of board; salaries; expenses Section 7. Each city which has such a board shall provide it with suitable rooms, properly furnished, heated and lighted, shall pay such salaries as the city council, subject to the approval of the mayor, may from time to time establish, and shall also pay all expenses incurred by said board for blank books, printing, traveling and other necessary expenses approved by said board.
Chapter 138: Section 70. Issuance of license or permit upon payment of fee; bond Section 70. No license or permit under this chapter shall be granted by the commission or the local licensing authorities unless the fee therefor has been paid into the state treasury or the city or town treasury, as the case may be; provided, however, that the local licensing authority may allow such fees to be paid semiannually. No license shall be granted by the commission under section 18, 19, 19B, 19C, 19D or 76 unless the applicant shall have filed with the state treasurer a bond running to the commonwealth. Every such bond shall be in a penal sum and form approved by the commission and be executed by the applicant as principal and by a surety company authorized to do business in the commonwealth as surety, conditioned upon performance by the licensee of all the conditions of the license and observance of all provisions of this chapter.
Chapter 138: Section 71. Effective date of rules; approval of governor Section 71. All rules and regulations made under the provisions of this chapter by the commission shall not take effect until approved by the governor and council.
Chapter 138: Section 72 to 75. Repealed, 1934, 372, Sec. 1 Chapter 138: Section 76. Licenses for manufacture, transportation, and sale of alcohol for mechanical, manufacturing or chemical purposes; fees Section 76. The commission may annually grant licenses for the manufacture, transportation, importation, exportation and sale of alcohol for mechanical, manufacturing or chemical purposes only, or for sale to any person holding a license under section eighteen or nineteen, to any registered pharmacist holding a certificate of fitness, any registered physician or dentist, or to any hospital or educational or scientific institution for use other than for beverage purposes. Licenses shall be granted under this section only if it appears that the applicant therefor is a proper person to receive such a license. The fee for a license hereunder shall be not less than three hundred nor more than five hundred dollars. Nothing contained in said section eighteen shall limit the scope of a license issued under this section.
Chapter 138: Section 77. Cancellation of license upon cessation of licensed business Section 77. The licensing authorities may, after hearing or reasonable opportunity therefor, cancel any license issued under this chapter if the licensee ceases to conduct the licensed business. If the local licensing authorities determine that a license should be cancelled as aforesaid the licensee may appeal to the commission as if such authorities had refused to grant the license upon an original application therefor, and the decision of the commission upon such appeal shall be final.
Chapter 138: Section 78. Book entries at time of sale of alcohol; form Section 78. Every person to whom such a license is granted shall keep a book in which he shall enter, at the time of every sale of alcohol, the date thereof, the name and residence of the purchaser, his residence by street and number, if any, the quantity and price of the alcohol sold, and the purpose for which it is to be used. Said book shall be in form substantially as follows: Chapter 138: Section 8. Limitation of section 7 Section 8. If, at any biennial state election, a city in which such board has been appointed shall not vote to authorize the granting of licenses for the sale of any alcoholic beverages, all obligations imposed upon said city by the preceding section shall cease from and after the thirty-first day of December next following such vote and, from and after said date, the powers and duties granted to and imposed upon said board in respect to such licenses as it is authorized to grant under this chapter irrespective of any vote under section eleven and licenses of innholders and common victuallers shall vest in the aldermen of said city. If said city shall, at a subsequent biennial state election again vote to authorize the granting of licenses for the sale of such beverages, the obligations imposed by the preceding section shall be revived and shall attach to said city from and after January first next following such vote and, from and after said date, the powers and duties of the aldermen relative to such licenses shall revest in the licensing board appointed in said city. This section shall not apply to a city wherein by a special statute such a board is vested with all the powers and duties in respect to the granting of licenses of innholders and common victuallers notwithstanding any vote under this chapter.
Chapter 138: Section 9. Records; quarterly reports; sworn statements Section 9. Each board shall keep a record of its doings and hearings and shall make a quarterly report of its doings to the mayor. It may require any statement which may be made before it and papers which may be filed with it relative to applications for licenses to be sworn to, and for such purpose any member may administer oaths.
Chapter 139: Section 1. Orders adjudging buildings, structures or vacant land to be nuisances; notice, hearing and service of copy of order Section 1. The aldermen or selectmen in any city or town may, after written notice to the owner of a burnt, dilapidated or dangerous building or other structure, or his authorized agent, or to the owner of a vacant parcel of land, and after a hearing, make and record an order adjudging it to be a nuisance to the neighborhood, or dangerous, and prescribing its disposition, alteration or regulation. The city or town clerk shall deliver a copy of the order to an officer qualified to serve civil process, who shall forthwith serve an attested copy thereof in the manner prescribed in section one hundred and twenty-four of chapter one hundred and eleven, and make return to said clerk of his doings thereon.
Chapter 139: Section 10. Fee for removal and sale of movable property; application of proceeds of sale Section 10. For removing and selling the movable property in accordance with the decree of the court the officer shall be entitled to the same fees as for levying upon and selling like property on execution, and for closing the premises and keeping them closed, a reasonable sum shall be allowed by the court. The proceeds shall be applied: first, to the fees and costs of removal and sale; second, to the allowances and costs of so closing and keeping closed the premises; third, to the payment of the complainants’ costs in such proceeding, including a reasonable attorney’s fee to be fixed by the court; fourth, the remainder, if any, to the owner of the property sold.
Chapter 139: Section 11. Modification of order of abatement; bond Section 11. If the owner of any such premises shall pay all costs of the proceedings, and file with the court a bond with sureties approved by the clerk in the full value of such premises as ascertained by the court, or, when the court is not in session, by the clerk, payable to the court and conditioned that the owner of the premises found to be a nuisance will immediately abate such nuisance and prevent the same from being established or kept therein within one year thereafter, the court or justice may, if satisfied of the owner’s good faith, order the premises so closed to be delivered to such owner and the order of abatement to be so modified as to dissolve the order that the premises remain closed for one year; provided, that such modification shall not release such premises from any judgment, lien, penalty or liability to which it may be subject.
Chapter 139: Section 12. Dismissal of action; costs Section 12. No action commenced under section six shall be dismissed, except upon a sworn statement made and filed by the plaintiff and by his attorney setting forth the reasons for dismissal thereof and upon approval of such dismissal by the court in open court. If the court is of opinion that the action ought not to be dismissed he may direct the district attorney to prosecute the case to judgment. If the action was brought by a citizen and the court finds that there was no reasonable ground therefor, costs may be awarded against the plaintiff.
Chapter 139: Section 13. Appearance as witnesses of persons found in premises used for prostitution Section 13. All persons found in or upon premises used for prostitution, assignation or lewdness may be required by a justice of a court of record to recognize, with or without sureties, to appear as witnesses at any hearing in an action to punish a person for keeping or maintaining such a nuisance as is described in section four, or for aiding in the maintenance of such a nuisance in the manner set forth in section twenty, or to enjoin or abate such a nuisance, and a warrant may be issued to bring such persons before the justice to recognize as aforesaid.
SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 14. Buildings resorted to for illegal gaming or used for illegal keeping or sale of alcoholic beverages; nuisance Section 14. Every building, place or tenement which is resorted to for illegal gaming, or which is used for the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, shall be deemed a common nuisance.
SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 15. Penalty Section 15. Whoever keeps or maintains such common nuisance shall be punished by a fine of not less than fifty nor more than one hundred dollars and by imprisonment for not less than three months nor more than one year.
SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 16. Abatement of common nuisances Section 16. Upon an information filed by the district attorney for the district, or upon the petition of the board or officer having control of the police of a town or of not less than ten legal voters of a town, stating that a building, place or tenement therein is resorted to for illegal gaming, or is used for the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or houses a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or is used for the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, the supreme judicial or superior court may enjoin or abate the same as a common nuisance.
SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 16A. Enjoining maintenance of nuisance; order closing building; judgment for permanent injunction; posting of order Section 16A. Upon a civil action brought in the name of the commonwealth by the attorney general, or district attorney for the district, or the chief of police, or the board or officer having control of the police of the state, or of a town or city, or by not less than ten legal voters of a town or city, in their own names, stating that a building, place or tenement situated therein is being used for the illegal keeping, sale or manufacture of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight or houses a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or is used for the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, the superior court may abate the same as a common nuisance and may enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the building, place or tenement in or upon which said nuisance exists, and their grantees or assignees, from directly or indirectly maintaining or permitting such nuisance, and, subject to the provisions hereinafter contained, may order the effectual closing of such building, place or tenement, and the prohibition of its use for any purpose for a period of not less than one month nor more than one year thereafter; provided, however, that if said building, place or tenement contains other occupied dwelling units, the occupants of which were not involved in said nuisance, no such closing of other occupied dwelling units shall take place so as to adversely affect such occupants. Proceedings under this section shall be in the manner provided in sections seven to twelve, inclusive, except that the provisions of section nine regulating the closing of a building, place or tenement and the prohibition of its use for any purpose because of the maintenance of such nuisance shall not apply and in lieu thereof the court may include in its judgement an order for such closing and prohibition, if it appears that prior thereto and within the preceding three years there shall have been three convictions for the illegal sale, or keeping, or manufacture of alcoholic beverages as so defined, or two convictions in the preceding five years for the illegal sale or keeping or manufacture of a controlled substance as so defined in or upon the premises on which such building, place or tenement is situated, or three judgements for permanent injunction enjoining the maintenance of such nuisance. A judgement for a permanent injunction or abatement shall include an order that a copy thereof shall be posted in a conspicuous place on the building, place or tenement affected thereby, on or near one or more of its principal entrances and that the removal, defacement, erasure or mutilation of a copy so posted shall be contempt of court. In addition to such posting, a copy of the judgement shall be delivered in hand to the person in charge of such building, place or tenement if he may be found upon the premises or to anyone residing therein, and if the judgement includes an order for the effectual closing of said building, place or tenement and the prohibition of its use for any purpose for a period of not less than one month nor more than one year, a copy shall be filed forthwith for record in the registry of deeds for the county and registry district within which such building, place or tenement is situated. The provisions of section thirteen shall apply to all persons found in or upon premises used for the illegal sale, or keeping, or manufacture of alcoholic beverages or controlled substances, as so defined.
SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 17. Repealed, 1934, 328, Sec. 13 SALE OF ALCOHOLIC BEVERAGES Chapter 139: Section 18. Removal of gaming booth near place of public gathering Section 18. The aldermen or the selectmen, upon complaint made to them under oath that the complainant has reason to believe and does believe that a booth, shed or other temporary erection, situated within one mile of a muster field, cattle show ground, or other place of public gathering, is used and occupied for the sale of spirituous or fermented liquor, or for the purpose of gaming, may order the owner or occupant thereof to vacate and close the same forthwith. If the owner or occupant fails so to do, the aldermen or selectmen may forthwith abate such booth, shed or erection as a nuisance, and may pull down or otherwise destroy the same through the agency of any force, civil or military.
Chapter 139: Section 19. Voiding of lease of tenant using premises for common nuisance Section 19. If a tenant or occupant of a building or tenement, under a lawful title, uses such premises or any part thereof for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or the housing of a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety, or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, or the illegal keeping of a weapon in violation of section ten of chapter two hundred and sixty-nine, or possession or use of an explosive or incendiary device or other violations of section one hundred and one, one hundred and two, one hundred and two A or one hundred and two B of chapter two hundred and sixty-six or, if a tenant or household member of a housing authority or federal or state assisted housing commits an act or acts which would constitute a crime involving the use or threatened use of force or violence against the person of an employee of the housing authority or of state or federally assisted housing or against any person while such person is legally present on the premises of a housing authority or on the premises of federal or state assisted housing, such use or conduct shall, at the election of the lessor or owner, annul and make void the lease or other title under which such tenant or occupant holds possession and, without any act of the lessor or owner shall cause the right of possession to revert and vest in him, and the lessor or owner may seek an order requiring the tenant to vacate the premises or may avail himself of the remedy provided in chapter two hundred and thirty-nine. If the lessor or owner is entitled to relief pursuant to this section, such lessor or owner may seek declaratory judgment of his rights hereunder in the district, superior or housing court, which may grant appropriate equitable relief, including both preliminary and permanent injunctions, including a preliminary injunction granting the lessor or owner possession of the premises, and in connection therewith may order issuance of an execution for possession of any such premises to be levied upon forthwith. No such injunction shall be issued except after notice has been given to the tenant and a hearing has been held with opportunity for the tenant to confront and cross-examine witnesses and to present any legal or equitable defense. A housing authority or provider of state or federally assisted housing shall not avail itself of the remedies contained herein except after notice, hearing, and decision on the merits by the court. An appeal from equitable relief granted by a district court pursuant to this section shall be to the appeals court in the same manner as if relief had been granted by the superior court.
Chapter 139: Section 2. Appeal to superior court; trial by jury; costs Section 2. A person aggrieved by such order may appeal to the superior court for the county where such building or other structure is situated, if, within three days after the service of such attested copy upon him, he commences a civil action in such court. Trial by jury shall be had as in other civil causes. The jury may affirm, annul or alter such order, and the court shall render judgment in conformity with said verdict, which shall take effect as an original order. If the order is affirmed, the plaintiff shall pay the costs; if it is annulled, he shall recover from the town his damages, if any, and costs; and if it is altered, the court may render such judgment as to costs as justice shall require. All proceedings hereunder authorized by section ten of chapter one hundred and forty-three, after issue is joined therein, shall be in order for trial and shall have precedence over any case of a different nature pending in said court and then in order for trial.
Chapter 139: Section 20. Aiding or permitting nuisance Section 20. Whoever knowingly lets premises owned by him, or under his control, for the purposes of prostitution, assignation, lewdness, illegal gaming, or the illegal keeping or sale of alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, or the housing of a premises which is licensed under section twelve of said chapter one hundred and thirty-eight and on or in such premises alcoholic beverages are habitually served to persons who are intoxicated or alcoholic beverages are served to persons whom the operators of said premises know or have reason to know will operate a motor vehicle under the influence of intoxicating liquor in violation of subdivision (1) of section twenty-four of chapter ninety or the illegal keeping, sale or manufacture of controlled substances, as defined in section one of chapter ninety-four C, or knowingly permits such premises, while under his control, to be used for such purposes, or after due notice of any such use omits to take all reasonable measures to eject therefrom the persons occupying the same as soon as it can lawfully be done, shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not less than three months nor more than one year, or both.
Chapter 139: Section 3. Abatement or removal of nuisance by aldermen or selectmen Section 3. The aldermen or selectmen shall have the same power to abate and remove any such nuisance as is given to the board of health of a town under sections one hundred and twenty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven.
Chapter 139: Section 3A. Demolition or removal of building or structure or securing of vacant land; owner’s liability Section 3A. If the owner or his authorized agent fails to comply with an order issued pursuant to section three and the city or town demolishes or removes any burnt, dangerous or dilapidated building or structure or secures any vacant parcel of land from a trespass, a claim for the expense of such demolition or removal, including the cost of leveling the lot to uniform grade by a proper sanitary fill, or securing such vacant parcel shall constitute a debt due the city or town upon the completion of demolition, removal, or securing and the rendering of an account therefor to the owner or his authorized agent, and shall be recoverable from such owner in an action of contract.
Any such debt, together with interest thereon at the rate of six per cent per annum from the date such debt becomes due, shall constitute a lien on the land upon which the structure is or was located if a statement of claim, signed by the mayor or the board of selectmen, setting forth the amount claimed without interest is filed, within ninety days after the debt becomes due, with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies. Such lien shall take effect upon the filing of the statement aforesaid and shall continue for two years from the first day of October next following the date of such filing. If the debt for which such a lien is in effect remains unpaid when the assessors are preparing a real estate tax list and warrant to be committed under section fifty-three of chapter fifty-nine, the mayor or the board of selectmen, or the town collector of taxes, if applicable under section thirty-eight A of chapter forty-one, shall certify such debt to the assessors, who shall forthwith add such debt to the tax on the property to which it relates and commit it with their warrant to the collector as part of such tax. If the property to which such debt relates is tax exempt, such debt shall be committed as the tax. Upon commitment as a tax or part of a tax, such debt shall be subject to the provisions of law relative to interest on the taxes of which they become, or, if the property were not tax exempt would become, a part; and the collector of taxes shall have the same powers and be subject to the same duties with respect to such debts as in the case of annual taxes upon real estate, and the provisions of law relative to the collection of such annual taxes, the sale or taking of land for the non-payment thereof, and the redemption of land so sold or taken shall, except as otherwise provided, apply to such claims. A lien under this section may be discharged by filing with the register of deeds for record or registration, as the case may be, in the county or in the district, if the county is divided into districts, where the land lies, a certificate from the collector of the city or town that the debt constituting the lien, together with any interest and costs thereon, has been paid or legally abated. All costs of recording or discharging a lien under this section shall be borne by the owner of the property.
Chapter 139: Section 3B. Disbursement of insurance proceeds for loss, damage or destruction of building or structure; notice; lien Section 3B. No insurer shall pay any claims (1) covering the loss, damage, or destruction to a building or other structure, amounting to one thousand dollars or more, or (2) covering any loss, damage or destruction of any amount, which causes the condition of a building or other structure to render section six of chapter one hundred and forty-three applicable, without having at least ten days previously given written notice to the building commissioner or inspector of buildings appointed pursuant to the state building code, to the fire department or arson squad of the city or town and to the board of health or board of selectmen of the city or town in which the same is located. If at any time prior to payment the said city or town notifies the insurer by certified mail of its intent to initiate proceedings designed to perfect a lien pursuant to section three A, or to section nine of chapter one hundred and forty-three, or section one hundred and twenty-seven B of chapter one hundred and eleven, the said payment shall not be made while the said proceedings are pending; provided, however, that said proceedings are initiated within thirty days of receipt of such notification.
Any lien perfected pursuant to section three A, or to section nine of chapter one hundred and forty-three or section one hundred and twenty-seven B of chapter one hundred and eleven, shall extend to and may be enforced by the city or town against any casualty insurance policy or policies covering any loss, damage, or destruction pursuant to which the proceedings to perfect the lien were initiated.
No insurer shall be liable to any insured owner, mortgagee, assignee, city or town, or other interested party for amounts disbursed to a city or town under the provisions of this section, or for amounts not disbursed to a city or town under the provisions of this section.
Chapter 139: Section 4. Buildings used for prostitution, assignation or lewdness; nuisance Section 4. Every building, part of a building, tenement or place used for prostitution, assignation or lewdness, and every place within or upon which acts of prostitution, assignation or lewdness are held or occur, shall be deemed a nuisance.
Chapter 139: Section 5. Penalty Section 5. Whoever keeps or maintains such a nuisance shall be punished by a fine of not less than one hundred nor more than one thousand dollars and by imprisonment for not less than three months nor more than three years.
Chapter 139: Section 6. Enjoining nuisance Section 6. Whenever there is reason to believe that such a nuisance is kept or maintained or exists in any town, either the district attorney for the district, or the attorney general, in the name of the commonwealth, or a citizen in his own name, may bring a civil action perpetually to enjoin the person conducting or maintaining the same, and the owner, lessee or agent of the building or place in or upon which such nuisance exists and their assignees from directly or indirectly maintaining or permitting such nuisance.
Chapter 139: Section 7. Complaint; filing; verification Section 7. The complaint shall join the owner of record of the premises as a party defendant and shall be filed in the superior court for the county where the nuisance is believed to exist, and shall be verified by oath of the plaintiff unless filed by the attorney general or a district attorney. Such proceeding shall have precedence over all other matters upon the docket except criminal proceedings, election contests and hearings upon actions for other injunctions.
Chapter 139: Section 8. Temporary injunction restraining nuisance; removal of furniture and other property Section 8. If upon a hearing, after at least two days’ notice to the respondents of the time and place assigned therefor, the existence of such a nuisance is shown to the satisfaction of the court or justice, either through verified complaint or through evidence in the form of affidavits, depositions, oral testimony or otherwise, a temporary injunction shall be ordered to issue forthwith restraining the maintenance of the nuisance and enjoining the occupants, owner and all other persons from removing fixtures, furniture, musical instruments and all other movable property from the premises until further order of the court.
Chapter 139: Section 9. Decree for permanent injunction; sale of furniture; order closing building Section 9. If upon subsequent hearing the existence of the nuisance shall be established, the court shall enter a decree permanently enjoining the maintenance thereof, including in such decree an order of abatement directing the sheriff of the county or his deputy to enter the building or place where the nuisance existed and to sell all furniture, musical instruments and movable property used in maintaining the nuisance, in the manner provided for the sale of chattels under execution, and to remove the same. If it shall appear that the bill of complaint was filed five or more days after notice to the record owner of the premises, and that he did not proceed forthwith to enforce his rights under section nineteen, such order of abatement shall further direct the effectual closing of the building or the place and the prohibition of its use for any purpose for one year, unless sooner released as provided in section eleven. For the purpose of proving the existence of the nuisance the general reputation of the place shall be admissible as evidence.
Chapter 140: Section 1. “Licensing authorities” defined Section 1. “Licensing authorities”, as used in this chapter, unless a contrary meaning is required by the context, shall mean the boards in Boston and other cities which by special statutes or city charters have the power to issue licenses for innholders or common victuallers, licensing boards appointed under section four of chapter one hundred and thirty-eight in cities which at the municipal election next preceding the first day of January, nineteen hundred and twenty-five, voted to authorize the granting of licenses for the sale of certain non-intoxicating beverages and also in cities wherein by special statutes said boards are vested with all the powers and duties exercised by licensing boards in cities that vote to grant such licenses, the aldermen in all other cities and the selectmen in towns.
Chapter 140: Section 10. Liability for loss of property Section 10. An innholder shall not be liable for losses sustained by a guest except of wearing apparel, articles worn or carried on the person, personal baggage and money necessary for traveling expenses and personal use, nor shall such guest recover of an innholder more than three hundred dollars as damages for any such loss; but an innholder shall be liable in damages to an amount not exceeding one thousand dollars for the loss of money, jewels and ornaments of a guest specially deposited for safe keeping, or offered to be so deposited, with such innholder, person in charge at the office of the inn, or other agent of such innholder authorized to receive such deposit. This section shall not affect the innholder’s liability under any special contract for other property deposited with him for safe keeping after being fully informed of its nature and value, nor increase his liability in case of loss by fire or overwhelming force beyond that specified in the following section.
Whenever an innholder provides a security box in the room of any guest, the innholder shall not be liable for the loss of any items deposited in the security box, by theft or otherwise, in excess of one thousand dollars; provided, however, that the provisions of section thirteen have been complied with.
As used in this section, “security box” means a metal or alloy box used for the safekeeping of valuables or other property, which may be securely locked with a locking mechanism.
Chapter 140: Section 100. “Licensee” defined; investigations by regulatory board; charges; prepayments; establishment of rates; effective date of order; more than one contract Section 100. As used in this section the term “licensee” shall mean all persons licensed under sections ninety-six to one hundred and thirteen, inclusive.
The small loans regulatory board shall investigate from time to time the economic conditions and other factors relating to and affecting the business of making loans under sections ninety-six to one hundred and thirteen, inclusive, and shall ascertain all pertinent facts necessary to determine what maximum rate of charge should be permitted. Upon the basis of such ascertained facts, the board shall determine and establish by regulation or order a maximum rate of charge in connection with such loans which will induce efficiently managed commercial capital to be invested in such business in sufficient amounts to make available adequate credit facilities to individuals seeking such loans at reasonable rates, and which will afford those engaged in such business a fair and reasonable return upon the assets. Such maximum rate of charge established by the board may be the aggregate of two or more different maximum rates applicable to different portions of the unpaid principal balance, so that as the size of the loan or the unpaid principal balance increases the aggregate rate decreases. The board may reestablish the maximum monthly rate of charge from time to time on the basis of changed conditions and facts. When the board establishes a maximum rate of charge it shall also by order permit licensees to precompute the monthly rate of charge contracted for on scheduled unpaid principal balances of loans contracted to be repaid in substantially equal and consecutive monthly installments of principal and charges combined with such installments applied to the unpaid balance of principal and the precomputed charge combined, subject to such provisions as the board shall by order prescribe for a refund or credit in the event of prepayment and for extension and default charges in the event of an extension or default. Such refund or credit shall be computed on a method which is at least as favorable to the borrower as the actuarial method, so-called. If the prepayment is made other than on an installment due date, it shall be deemed to have been made on the first installment due date if the payment is before that date, and in any other case it shall be deemed to have been made on the next preceding or next succeeding installment due date, whichever is nearer to the date of prepayment. Where the amount of the credit for anticipation of payment is less than one dollar, no refund need be made. The details of application and the rules for a fraction of a month or partial prepayments shall be subject to the order of the board.
Before establishing or reestablishing the maximum rate of charge, the board shall give reasonable notice by mail of its intention to all licensees and shall give such licensees an opportunity to be heard thereon and to introduce evidence with respect thereto. Any order which the board may make establishing or reestablishing the maximum rate of charge after such hearing shall contain the effective date thereof, which shall be not less than sixty days after notice of the establishing of such new rates as given by mail to each licensee. An order of the board establishing or reestablishing the maximum rate of charge shall not apply to loans made prior to its effective date. Within the authority conferred by this section, the board shall be subject to all pertinent provisions of chapter thirty A.
The total amount to be collected on any loan by a licensee for interest, expenses and other considerations shall not, in the aggregate, exceed an amount equivalent to the maximum monthly rate computed on unpaid principal balances of the amount actually received by the borrower except that the lawful fees actually paid out by the lender to a public officer for filing, recording, releasing or discharging any instrument securing the loan may be charged to and collected from the borrower when the loan is made or at any time thereafter and may be collected in such manner as is authorized by the board in connection with loans on which charges are precomputed as heretofore provided, but such interest shall not exceed twelve per cent per annum or the original rate of interest on the note evidencing the loan, whichever is less, after the termination of one year after maturity of the loan. No licensee shall wilfully permit any person, or any husband and wife jointly or severally, to be obligated, either directly or contingently to such licensee, under more than one contract of loan at the same time for the purpose of obtaining a higher rate of charge than would otherwise be permitted by this section on a single loan contract. No licensee or company or association to which sections ninety-six to one hundred and thirteen, inclusive, apply shall charge or receive upon any loans more than the maximum rate of charge permitted by this section. No charge, bonus, fee, expense or demand of any nature whatsoever, except as herein provided, shall be made upon loans to which said sections relate; provided, however, that a licensee may, if the loan agreement so provides, assess and collect a charge, not to exceed ten dollars, for any check, draft or order for the payment of money submitted in accordance with said agreement which is returned unpaid or not honored by a bank or other depository.
Chapter 140: Section 100A. Repealed, 1975, 401, Sec. 2 Chapter 140: Section 101. Term of license; contents; posting Section 101. Licenses granted by the commissioner shall be for a period of one year from October first. Each license shall plainly state the name of the licensee, and the city or town, with the name of the street, and the number, if any, of the place where the business is to be carried on, and shall be posted in a conspicuous place in the office where the business is transacted.
Chapter 140: Section 102. Fees; more than one business Section 102. Each application for a license shall be accompanied by an investigation fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. The amount of the fees for all licenses granted under section ninety-six and the relocation investigation fee referred to hereunder shall be determined pursuant to the aforementioned chapter seven provision, and if an applicant desires to carry on business at more than one place he shall procure a license for each place where the business is to be conducted.
Any change of location of an office of a licensee shall require the prior approval of the commissioner. Such request for relocation shall be in writing setting forth the reason or reasons for the request, and shall be accompanied by a relocation investigation fee.
Chapter 140: Section 103. Penalties; voidable loans Section 103. Whoever, being duly licensed as provided in section ninety-six, violates any provision of sections ninety-seven, ninety-eight, one hundred and one, one hundred and two, one hundred and four or one hundred and nine, or any regulation, rule or order made by the commissioner under sections ninety-seven or one hundred and six, shall be punished by a fine of not more than five hundred dollars, and his license may be suspended or revoked by the commissioner.
Whoever, being so licensed, violates the provisions of section one hundred shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both, and his license may be suspended or revoked by the commissioner. Any loan made by any person so licensed in violation of said section one hundred may be declared void by the supreme judicial or superior court in equity upon petition by the person to whom the loan was made.
Chapter 140: Section 104. Applicant’s statement; power of attorney; changes in names, addresses or personnel; revocation of license Section 104. A license under section ninety-six shall not be granted until the applicant has filed with the commissioner a statement on oath, which in the case of a corporation or association may be made by the president or agent thereof in charge of the business, stating the place in the town where the business is to be carried on, the name and the private and business address of the applicant, and in the case of a corporation the state under the laws of which it is organized, and the name and private address of the clerk or secretary and of the agent or other officer having charge of its proposed business, nor until the applicant, unless excused by the commissioner, files with him a power of attorney, appointing a person satisfactory to the commissioner to be his attorney, upon whom all lawful process may be served in any action or proceeding arising under sections ninety-six to one hundred and twelve, inclusive, with the same effect as if served upon the licensee. If any change occurs in the name or address of a licensee or of the clerk, secretary or agent aforesaid of any licensed corporation, or in the place where the licensed business is carried on, or in the membership of any partnership licensed under said sections, a true and full statement of such change, sworn to in the manner required by this section in the case of the original statement, shall forthwith be filed with the commissioner, who may after a hearing revoke the license.
Chapter 140: Section 105. Repealed, 1969, 221 Chapter 140: Section 106. Illegal interest; order of commissioner; recovery in action or suit; costs Section 106. If a greater rate of interest or amount for expenses than is allowed under sections ninety-six to one hundred and eleven, inclusive, has been paid on any loan to which said sections apply, the person who paid it may file a complaint with the commissioner, who may, after a hearing, order such excess amounts refunded, or may make such other order as he may deem necessary. The filing of the complaint and the decision of the commissioner shall not affect the right of the complainant under section one hundred and three, who may, in an action of contract or suit in equity, recover back the amount of the unlawful interest or expenses, with twice the legal costs, if such action or suit is brought within two years after the time of payment.
Chapter 140: Section 107. Security interest, pledge or wage assignment; discharge by payment or tender; future advances; damages for neglect or refusal Section 107. If a loan to which sections ninety-six to one hundred and eleven, inclusive, apply is secured by a security interest or pledge of personal property or by an assignment of wages, the security interest, unless it secures future advances, shall be discharged, the pledge restored or the assignment released upon payment or tender of the amount legally due under said sections. If such security interest secures future advances, it need not be discharged except at the borrower’s written request and shall be discharged upon such request unless such future advances have been made. Such payment or tender may be made by the debtor, by any person duly authorized by him or by any person having an interest in the property subject to the security interest pledged or in the wages assigned. Whoever refuses or neglects to discharge a security interest as aforesaid, release an assignment or restore a pledge to the party entitled to receive the same, after payment of the debt secured thereby or the tender of the amount due thereon as aforesaid, shall be liable in tort to the borrower for all damages thereby sustained by him.
Chapter 140: Section 108. Assignment or order for wages or salary; validity; requisites Section 108. An assignment of or order for wages or salary to which sections ninety-six to one hundred and fourteen A, inclusive, apply, shall not be valid unless it states with substantial accuracy the actual amount of the loan, the time for which the loan is made, the rate of interest to be paid, and the expense of making and securing the loan, if any.
Chapter 140: Section 109. Receipt; part payment Section 109. If a payment is made on account of a loan to which sections ninety-six to one hundred and eleven, inclusive, apply, the person who receives the payment, or his principal, shall, when the payment is taken, give to the person paying a receipt setting forth the amount then paid and the amount previously paid, and identifying the loan, note, mortgage or assignment to which it is to be applied.
Chapter 140: Section 11. Fire or overwhelming force; liability Section 11. In case of loss by fire or overwhelming force, innholders shall be answerable to their guests only for ordinary and reasonable care in the custody of their baggage or other property.
Chapter 140: Section 110. Business without license; penalty; validity of transactions; evidence Section 110. Whoever, not being duly licensed as provided in section ninety-six on his own account or on account of any other person not so licensed, engages in or carries on, directly or indirectly, either separately or in connection with or as a part of any other business, the business of making loans or buying notes or furnishing endorsements or guarantees, to which sections ninety-six to one hundred and eleven, inclusive, apply, shall be punished by imprisonment in the state prison for not more than ten years or in a jail or house of correction for not more than two and one half years, or by a fine of not more than ten thousand dollars, or by both such fine and imprisonment. Any loan made or note purchased or endorsement or guarantee furnished by an unlicensed person in violation of said sections shall be void. In any judicial proceedings under said sections the fact that the defendant has made or assisted in the making of two or more loans of six thousand dollars or less, upon which there has directly or indirectly been paid or charged, for interest, brokerage, recording fees, commissions, services, extension of loan, forbearance to enforce payment or other expenses, a sum which exceeds in the aggregate an amount equivalent to twelve per cent per annum upon the amount actually received by the borrower, whether such sum has been paid to or charged by the defendant or paid to or charged by any other person, shall be prima facie evidence that the defendant has engaged in and carried on the business of making loans to which sections ninety-six to one hundred and twelve, inclusive, apply.
Chapter 140: Section 111. Rate of interest in absence of agreement Section 111. Sections ninety-six to one hundred and eleven, inclusive, shall not affect so much of section three of chapter one hundred and seven as provides that, if there is no agreement for a different rate, the interest on money shall be at the rate of six dollars upon each one hundred dollars for a year.
Chapter 140: Section 112. Duties of police Section 112. The state police and the police of the cities or towns shall carry out the directions of the commissioner in enforcing sections ninety-six to one hundred and thirteen, inclusive, and any regulations made by him.
Chapter 140: Section 113. Disposal of returns made to commissioner Section 113. Returns made to the commissioner under section ninety-eight may be destroyed or disposed of by his order after the lapse of three years from the date of their receipt, and any proceeds received in the course of their disposal shall be paid to the commonwealth.
Chapter 140: Section 114. Companies, associations and societies; necessity of license Section 114. Loan companies and loan associations established by special charter, and fraternal mutual benefit societies the membership of which is limited to the employees of any one person and which make loans to its members only, shall be subject to the supervision of the commissioner, but need not procure a license.
Chapter 140: Section 114A. Exceptions; restrictions; voidable loans; composite rates; determination of maximum rate Section 114A. Trust companies, savings banks, co-operative banks, savings and loan associations, credit unions, national banking associations, federal savings banks and federal savings and loan associations or federal credit unions or any subsidiary of the foregoing shall not be subject to the provisions of sections ninety-six to one hundred and fourteen, inclusive; provided, that such institutions may not take, receive, reserve or charge interest, expenses and other considerations for making or securing a loan of six thousand dollars or less in excess of those permitted by section one hundred. Any loan of six thousand dollars or less made by any trust company, savings bank, co-operative bank, savings and loan association, credit union, national banking association or federal savings and loan association on which charges for interest, expenses and other considerations exceed those permitted by section one hundred may be declared void by the supreme judicial or superior court in equity upon petition by the person to whom the loan was made, and any such trust company, bank, association or credit union making such loan shall be subject to a fine of not more than five hundred dollars. This section shall not be construed as preventing a rate of charge for interest, expenses and other consideration on one or more portions of a loan in excess of the permitted maximum rate of charge applicable to said portion or portions, provided, that the composite rate of charge on the whole loan produces an amount equal to or less than that which would be produced were said maximum rate of charge applied to said loan. Extension, default or deferment charges shall not be deemed to be interest, expenses and other considerations in determining the maximum rate of charge that may be taken, received, reserved or charged for said loan.
Chapter 140: Section 114B. Finance charges on open end credit accounts; maximum rates; computation Section 114B. Notwithstanding the provisions of sections ninety A, one hundred, and one hundred and fourteen A, a creditor may charge a daily, monthly or other periodic rate of finance charge on loans made pursuant to any open-end credit plan as defined by section one of chapter one hundred and forty D, equivalent to but not in excess of eighteen percent determined in accordance with paragraph (2) of subsection (a) of section five of said chapter one hundred and forty D; provided, however, that no finance or other charge shall begin to accrue until the date upon which payment has been made by the creditor on any transaction under any such open-end credit plan; and, provided further, that if the index rate for any calendar quarter, as hereinafter determined, exceeds eighteen percent, the creditor may, during such calendar quarter, charge such daily, monthly or other periodic rate or rates as may be established by such creditor. The commissioner of banks shall determine as of the computation dates of December first, March first, June first and September first of each year, and not later than one business day after each such computation date, the index rate for the succeeding calendar quarter beginning January first, April first, July first and October first, respectively. The index rate determined on each computation date for the following calendar quarter shall be the number determined by doubling the average of the rates established and announced, as the auction average on a discount basis, for United States Treasury bills with maturities of ninety-one days at the auctions held during the three calendar months preceding the computation date. At the option of the creditor, the periodic rate that a creditor charges on an account may be adjusted to reflect a change in the index rate either on the first day of the respective calendar quarter or on the first day of the first billing cycle of the account immediately following such date; provided, however, that any limitation on finance charges imposed under this section shall remain in effect for three months from the date so chosen. A finance charge not in excess of fifty cents for a monthly or longer billing cycle or the pro rata part of fifty cents for a billing cycle shorter than monthly may be assessed if the finance charge otherwise assessable is less than fifty cents. For the purpose of this section, a billing cycle shall be considered to be monthly if the billing dates are on the same day of each month or do not vary by more than four days therefrom. A creditor may, pursuant to an open-end credit plan, charge, receive and collect a delinquency charge on any payment not paid in full within fifteen days of its due date in an amount equal to ten percent of the outstanding balance or ten dollars, whichever is less; provided, however, that no such delinquency charges shall be charged, received or collected unless the creditor, at least thirty days prior thereto, shall have mailed a notice informing its borrowers of the change in terms of such plan providing for the charging, receiving and collecting of a delinquency charge and disclosing the amount of such delinquency charge that may be imposed as part of said open-end credit plan.
In addition to disclosures of such rate required by chapter one hundred and forty D, the commissioner of banks shall have the authority to promulgate regulations requiring additional disclosures by creditors concerning periodic rate, other costs of credit, and any other additional features of the agreement.
A finance charge imposed on a transaction subject to this section but not subject to the provisions of the first paragraph of section twenty of chapter one hundred and forty D shall be computed on (i) the previous balance after deducting all payments on account received by the creditor during the cycle and all credits to the account during the cycle applicable to any transaction reflected in the previous balance; or (ii) the average daily balance determined by adding the daily balances on the account for each day in the billing cycle and dividing the total by the number of days in the billing cycle; or (iii) daily balances. Any such delinquency charge shall not be included in the computation of said finance charge.
Chapter 140: Section 114C. Annual fee; notice; cancellation of agreement; reports Section 114C. A card issuer as defined in section one of chapter one hundred and forty D, whether located within or without the commonwealth, may assess an annual fee provided that the cardholder as defined by said section one, is notified of the amount of any such fee on or with the billing statement for the billing period prior to that in which the annual fee is billed to the cardholder’s account. A cardholder may cancel his credit card agreement at any time during this period without penalty. If the cardholder cancels the agreement at any other time during the year, he shall receive a refund on a pro-rata basis of two-thirds of the annual fee.
Chapter 140: Section 115. Necessity of license; contents; application; hearing; notice; fee Section 115. A furnace for melting iron or making glass, or a stationary steam engine for use in a mill for planing or sawing boards or turning wood or in which other fuel than coal is used to create steam, shall not be erected or put up to be used in a city or town which accepts this and sections one hundred and sixteen and one hundred and seventeen or has accepted corresponding provisions of earlier laws, unless the aldermen or selectmen thereof have granted a license therefor, prescribing the place where the building shall be erected in which the steam engine or furnace is to be used and the materials and construction thereof, and have made such regulations as to the height of flues and protection against fire as they deem necessary for the safety of the neighborhood. Such license may be granted on a written application, and shall be recorded in the city or town records. The aldermen or selectmen shall assign a time and place for a hearing upon such application, and cause at least fourteen days’ public notice thereof to be given, at the expense of the applicant, in such manner as they may order. The fee for such a license shall be set by the aldermen or selectmen, but in no event shall any such fee be greater than twenty-five dollars for each such license.
Chapter 140: Section 116. Dangerous engines or furnaces; nuisance; building regulations; service of process Section 116. In a town which accepts this section or has accepted corresponding provisions of earlier laws, the aldermen or the selectmen, after due notice in writing to the owner of such steam engine or furnace, except for making glass, erected or in use therein before the time of such acceptance and a hearing, may adjudge it to be dangerous or a nuisance to the neighborhood, and make and record an order prescribing such rules, restrictions and alterations as to the building in which it is constructed or used, the construction and height of its smoke flues, and such other regulations as they deem necessary for the safety of the neighborhood; and the town clerk shall deliver a copy of such order to a constable, who shall serve on the owner an attested copy thereof, and make return of his doings thereon to said clerk within three days after the delivery thereof to him.
Chapter 140: Section 117. Appeal; injunction Section 117. An owner of a steam engine or furnace who is aggrieved by such order may have the remedy prescribed by section two of chapter one hundred and thirty-nine. The superior court, on granting the application for a jury, may issue an injunction restraining the further use of such engine or furnace until the final determination of the application.
Chapter 140: Section 118. Stationary engines; distance from buildings Section 118. In a town which accepts this section or has accepted corresponding provisions of earlier laws, a stationary engine, propelled by steam or other motive power, shall not be erected or put up for use within five hundred feet of a dwelling house or public building unless a license therefor has been first granted and recorded in the manner provided in section one hundred and fifteen.
Chapter 140: Section 119. Nuisance; removal Section 119. An engine or furnace erected or used contrary to section one hundred and fifteen, one hundred and sixteen or one hundred and eighteen shall be deemed a common nuisance; and the aldermen or selectmen may remove the same in the same manner as boards of health may remove nuisances under sections one hundred and twenty-three to one hundred and twenty-five, inclusive, of chapter one hundred and eleven.
Chapter 140: Section 12. Fraudulently procuring food, accommodations or credit; removal of property covered by lien; evidence Section 12. Whoever puts up at a hotel, motel, inn, lodging house or boarding house and, without having an express agreement for credit, procures food, entertainment or accommodation without paying therefor, and with intent to cheat or defraud the owner or keeper thereof; or, with such intent, obtains credit at a hotel, motel, inn, lodging house or boarding house for such food, entertainment or accommodation by means of any false show of baggage or effects brought thereto; or with such intent, removes or causes to be removed any baggage or effects from a hotel, motel, or inn while a lien exists thereon for the proper charges due from him for fare and board furnished therein, shall, if the value of food, entertainment or accommodation exceeds one hundred dollars, be punished by imprisonment in a jail or house of correction for not more than two years, or by a fine of not more than six hundred dollars, or if the value of the food, entertainment or accommodation does not exceed one hundred dollars, shall be punished by imprisonment for not more than one year or by a fine of not more than one thousand dollars; and whoever, without having an express agreement for credit, procures food or beverage from a common victualler without paying therefor and with intent to cheat or defraud shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than three months. The words “lodging house”, as used herein, shall mean a lodging house as defined in section twenty-two.
Proof that such food, entertainment, accommodation or beverage, or credit for the same, was obtained by a false show of baggage or effects, or that such baggage or effects were removed from any such place by any person while such a lien existed thereon without an express agreement permitting such removal, or, if there was not an express agreement for credit, that payment for such food, entertainment, accommodation or beverage was refused upon demand, shall be presumptive evidence of the intent to cheat or defraud referred to herein.
Chapter 140: Section 120. Repealed, 1930, 399, Sec. 3 Chapter 140: Section 121. Firearms sales; definitions; antique firearms; application of law; exceptions Section 121. As used in sections 122 to 131P, inclusive, the following words shall, unless the context clearly requires otherwise, have the following meanings:-“Ammunition”, cartridges or cartridge cases, primers (igniter), bullets or propellant powder designed for use in any firearm, rifle or shotgun. The term “ammunition” shall also mean tear gas cartridges, chemical mace or any device or instrument which contains or emits a liquid, gas, powder or any other substance designed to incapacitate.
“Assault weapon”, shall have the same meaning as a semiautomatic assault weapon as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.
S.
C. section 921(a)(30) as appearing in such section on September 13, 1994, and shall include, but not be limited to, any of the weapons, or copies or duplicates of the weapons, of any caliber, known as: (i) Avtomat Kalashnikov (AK) (all models); (ii) Action Arms Israeli Military Industries UZI and Galil; (iii) Beretta Ar70 (SC-70); (iv) Colt AR-15; (v) Fabrique National FN/FAL, FN/LAR and FNC; (vi) SWD M-10, M-11, M-11/9 and M-12; (vi) Steyr AUG; (vii) INTRATEC TEC-9, TEC-DC9 and TEC-22; and (viii) revolving cylinder shotguns, such as, or similar to, the Street Sweeper and Striker 12; provided, however, that the term assault weapon shall not include: (i) any of the weapons, or replicas or duplicates of such weapons, specified in appendix A to 18 U.
S.
C. section 922 as appearing in such appendix on September 13, 1994, as such weapons were manufactured on October 1, 1993; (ii) any weapon that is operated by manual bolt, pump, lever or slide action; (iii) any weapon that has been rendered permanently inoperable or otherwise rendered permanently unable to be designated a semiautomatic assault weapon; (iv) any weapon that was manufactured prior to the year 1899; (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable assault weapon; (vi) any semiautomatic rifle that cannot accept a detachable magazine that holds more than five rounds of ammunition; or (vii) any semiautomatic shotgun that cannot hold more than five rounds of ammunition in a fixed or detachable magazine.
“Conviction”, a finding or verdict of guilt or a plea of guilty, whether or not final sentence is imposed.
“Firearm”, a pistol, revolver or other weapon of any description, loaded or unloaded, from which a shot or bullet can be discharged and of which the length of the barrel or barrels is less than 16 inches or 18 inches in the case of a shotgun as originally manufactured; provided, however, that the term firearm shall not include any weapon that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk- through metal detectors.
“Gunsmith”, any person who engages in the business of repairing, altering, cleaning, polishing, engraving, blueing or performing any mechanical operation on any firearm, rifle, shotgun or machine gun.
“Imitation firearm”, any weapon which is designed, manufactured or altered in such a way as to render it incapable of discharging a shot or bullet.
“Large capacity feeding device”, (i) a fixed or detachable magazine, box, drum, feed strip or similar device capable of accepting, or that can be readily converted to accept, more than ten rounds of ammunition or more than five shotgun shells; or (ii) a large capacity ammunition feeding device as defined in the federal Public Safety and Recreational Firearms Use Protection Act, 18 U.
S.
C. section 921(a)(31) as appearing in such section on September 13, 1994. The term “large capacity feeding device” shall not include an attached tubular device designed to accept, and capable of operating only with,.
22 caliber ammunition.
“Large capacity weapon”, any firearm, rifle or shotgun: (i) that is semiautomatic with a fixed large capacity feeding device; (ii) that is semiautomatic and capable of accepting, or readily modifiable to accept, any detachable large capacity feeding device; (iii) that employs a rotating cylinder capable of accepting more than ten rounds of ammunition in a rifle or firearm and more than five shotgun shells in the case of a shotgun or firearm; or (iv) that is an assault weapon. The term “large capacity weapon” shall be a secondary designation and shall apply to a weapon in addition to its primary designation as a firearm, rifle or shotgun and shall not include: (i) any weapon that was manufactured in or prior to the year 1899; (ii) any weapon that operates by manual bolt, pump, lever or slide action; (iii) any weapon that is a single-shot weapon; (iv) any weapon that has been modified so as to render it permanently inoperable or otherwise rendered permanently unable to be designated a large capacity weapon; or (v) any weapon that is an antique or relic, theatrical prop or other weapon that is not capable of firing a projectile and which is not intended for use as a functional weapon and cannot be readily modified through a combination of available parts into an operable large capacity weapon.
“Length of barrel” or “barrel length”, that portion of a firearm, rifle, shotgun or machine gun through which a shot or bullet is driven, guided or stabilized and shall include the chamber.
“Licensing authority”, the chief of police or the board or officer having control of the police in a city or town, or persons authorized by them.
“Machine gun”, a weapon of any description, by whatever name known, loaded or unloaded, from which a number of shots or bullets may be rapidly or automatically discharged by one continuous activation of the trigger, including a submachine gun.
“Purchase” and “sale” shall include exchange; the word “purchaser” shall include exchanger; and the verbs “sell” and “purchase”, in their different forms and tenses, shall include the verb exchange in its appropriate form and tense.
“Rifle”, a weapon having a rifled bore with a barrel length equal to or greater than 16 inches and capable of discharging a shot or bullet for each pull of the trigger.
“Sawed-off shotgun”, any weapon made from a shotgun, whether by alteration, modification or otherwise, if such weapon as modified has one or more barrels less than 18 inches in length or as modified has an overall length of less than 26 inches.
“Semiautomatic”, capable of utilizing a portion of the energy of a firing cartridge to extract the fired cartridge case and chamber the next round, and requiring a separate pull of the trigger to fire each cartridge.
“Shotgun”, a weapon having a smooth bore with a barrel length equal to or greater than 18 inches with an overall length equal to or greater than 26 inches, and capable of discharging a shot or bullet for each pull of the trigger.
“Violent crime”, shall mean any crime punishable by imprisonment for a term exceeding one year, or any act of juvenile delinquency involving the use or possession of a deadly weapon that would be punishable by imprisonment for such term if committed by an adult, that: (i) has as an element the use, attempted use or threatened use of physical force or a deadly weapon against the person of another; (ii) is burglary, extortion, arson or kidnapping; (iii) involves the use of explosives; or (iv) otherwise involves conduct that presents a serious risk of physical injury to another.
“Weapon”, any rifle, shotgun or firearm.
Where the local licensing authority has the power to issue licenses or cards under this chapter, but no such licensing authority exists, any resident or applicant may apply for such license or firearm identification card directly to the colonel of state police and said colonel shall for this purpose be the licensing authority.
The provisions of sections 122 to 129D, inclusive, and sections 131, 131A, 131B and 131E shall not apply to:(A) any firearm, rifle or shotgun manufactured in or prior to the year 1899;(B) any replica of any firearm, rifle or shotgun described in clause (A) if such replica: (i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or (ii) uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade; and(C) manufacturers or wholesalers of firearms, rifles, shotguns or machine guns.
Chapter 140: Section 121A. Identification of firearms; certificate by ballistics expert as prima facie evidence Section 121A. A certificate by a ballistics expert of the department of the state police or of the city of Boston of the result of an examination made by him of an item furnished him by any police officer, signed and sworn to by such expert, shall be prima facie evidence of his findings as to whether or not the item furnished is a firearm, rifle, shotgun, machine gun, sawed off shotgun or ammunition, as defined by section one hundred and twenty-one, provided that in order to qualify as an expert under this section he shall have previously qualified as an expert in a court proceeding.
Chapter 140: Section 122. Licenses; contents; fingerprints of applicants; procedure on refusal of license; fees; punishment for improper issuance Section 122. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility for a license under this section, grant a license to any person except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell, rent or lease firearms, rifles, shotguns or machine guns, or to be in business as a gunsmith. Every license shall specify the street and number of the building where the business is to be carried on, and the license shall not protect a licensee who carries on his business in any other place. The licensing authority to whom such application is made shall cause one copy of said applicant’s fingerprints to be forwarded to the department of the state police, who shall within a reasonable time thereafter advise such authority in writing of any criminal record of the applicant. The taking of fingerprints shall not be required in issuing a renewal of a license, if the fingerprints of said applicant are on file with the department of the state police. The licensing authority to whom such application is made shall cause one copy of such application to be forwarded to the executive director of the criminal history systems board. Any person refused a license under this section may within ten days thereafter apply to the colonel of state police for such license, who may direct that said licensing authorities grant said license, if, after a hearing, he is satisfied there were no reasonable grounds for the refusal to grant such license and that the applicant was not barred by the provisions of law from holding such a license. The fee for an application for a license issued under this section shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. A person licensed to sell, rent or lease firearms, rifles, shotguns or machine guns shall not be assessed any additional fee for a gunsmith’s license. Whoever knowingly issues a license in violation of this section shall be punished by imprisonment for not less than six months nor more than two years in a jail or house of correction.
Chapter 140: Section 122A. Record of licenses; notice to criminal history systems board; sales record books Section 122A. The licensing authority, under section one hundred and twenty-two, shall record all issued licenses in books, forms or electronic files kept for that purpose, and upon the granting of any such license or renewal thereof or renewal of an expired license shall send notice thereof to the criminal history systems board in a manner prescribed by the executive director of said criminal history systems board; provided, however, that said executive director shall promulgate rules and regulations to ensure the prompt collection, exchange, dissemination, and distribution of such license information. The executive director of the criminal history systems board, upon the application of the licensee, at a price not in excess of the cost thereof, shall furnish said licensee with the necessary sales record books to be kept by him as provided in section one hundred and twenty-three.
Chapter 140: Section 122B. Sale of ammunition; license; fees; rules and regulations; refusal, suspension or revocation of license; judicial review; penalties Section 122B. No person shall sell ammunition in the commonwealth unless duly licensed. The chief of police or the board or officer having control of the police in a city or town, or persons authorized by them, may, after an investigation into the criminal history of the applicant to determine eligibility to be licensed under this section, grant a license to any person, except an alien, a minor, a person who has been adjudicated a youthful offender, as defined in section fifty-two of chapter one hundred and nineteen, including those who have not received an adult sentence or a person who has been convicted of a felony in any state or federal jurisdiction, or of the unlawful use, possession or sale of narcotic or harmful drugs, to sell ammunition. Every license shall specify the street and number, if any, of the building where the business is to be carried on. The licensing authority to whom such application is made shall cause one copy of the application to be forwarded to the executive director of the criminal history systems board, who shall within a reasonable time thereafter advise such authority in writing of any criminal record disqualifying the applicant. The fee for an application for a license to sell ammunition shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. The licensing authority to whom such application is made shall cause one copy of any approved application to be forwarded to the executive director of the criminal history systems board.
Any lawfully incorporated sporting or shooting club shall, upon application, be licensed to sell or supply ammunition for regulated shooting on their premises, as for skeet, target or trap shooting; provided, however, that such club license shall, in behalf of said club, be issued to and exercised by an officer or duly authorized member of the club who himself possesses a firearm identification card or a license to carry a firearm and who would not be disqualified to receive a license to sell ammunition in his own right. The licensing authority may revoke or suspend a license to sell ammunition for violation of any provision of this chapter.
The secretary of the executive office of public safety may establish such rules and regulations as he may deem necessary to carry out the provisions of this section.
Any person refused a license under this section or once issued a license under this section has had said license suspended or revoked may obtain a judicial review of such refusal, suspension or revocation by filing within thirty days of such refusal, suspension or revocation a petition for review thereof in the district court having jurisdiction in the city or town in which the applicant filed for such license, and a justice of said court, after a hearing, may direct that a license be issued the applicant if satisfied there was no reasonable ground for refusing such license and that the applicant was not prohibited by law from holding the same.
Whoever not being licensed, as hereinbefore provided, sells ammunition within the commonwealth shall be punished by a fine of not less than five hundred nor more than one thousand dollars or by imprisonment for not less than six months nor more than two years.
Chapter 140: Section 123. Conditions of licenses Section 123. A license granted under section one hundred and twenty-two shall be expressed to be and shall be subject to the following conditions:— First, That the provisions in regard to the nature of the license and the building in which the business may be carried on under it shall be strictly adhered to. Second, That every licensee shall, before delivery of a firearm, rifle or shotgun, make or cause to be made a true, legible entry in a sales record book to be furnished by the executive director of the criminal history systems board and to be kept for that purpose, specifying the complete description of the firearm, rifle or shotgun, including the make, serial number, if any, type of firearm, rifle or shotgun, and designation as a large capacity weapon, if applicable, whether sold, rented or leased, the date of each sale, rental or lease, the license to carry firearms number or permit to purchase number and the identification card number in the case of a firearm or the identification card number or the license to carry firearms number in the case of a rifle or shotgun, the sex, residence and occupation of the purchaser, renter or lessee, and shall before delivery, as aforesaid, require the purchaser, renter or lessee personally to write in said sales record book his full name. Said book shall be open at all times to the inspection of the police. Third, That the license or a copy thereof, certified by the official issuing the same, shall be displayed on the premises in a position where it can easily be read. Fourth, That no firearm, rifle or shotgun, or machine gun shall be displayed in any outer window of said premises or in any other place where it can readily be seen from the outside. Fifth, That the licensee shall submit a record of all sales, rentals and leases forthwith at the time of such sale, rental or lease via electronic communication link to the executive director of the criminal history systems board. Sixth, That every firearm, rifle or shotgun shall be unloaded when delivered. Seventh, That no delivery of a firearm shall be made to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one nor shall any delivery of a rifle or shotgun or ammunition be made to any minor nor to any person not having a license to carry firearms issued under the provisions of section one hundred and thirty-one or a firearm identification card issued under the provisions of section one hundred and twenty-nine B nor shall any large capacity firearm or large capacity feeding device therefor be delivered to any person not having a Class A license to carry firearms issued under section 131 nor shall any large capacity rifle or shotgun or large capacity feeding device therefor be delivered to any person not having a Class A or Class B license to carry firearms issued under said section 131; provided, however, that delivery of a firearm by a licensee to a person possessing a valid permit to purchase said firearm issued under the provisions of section one hundred and thirty-one A and a valid firearm identification card issued under section one hundred and twenty-nine B may be made by the licensee to the purchaser’s residence or place of business, subject to the restrictions imposed upon such permits as provided under section 131A. Eighth, That no firearm shall be sold, rented or leased to a minor or a person who has not a permit then in force to purchase, rent or lease the same issued under section one hundred and thirty-one A, and a firearm identification card issued under the provisions of section one hundred and twenty-nine B, or unless such person has a license to carry firearms issued under the provisions of section one hundred and thirty-one; nor shall any rifle or shotgun be sold, rented or leased to a person who has not a valid firearm identification card as provided for in section one hundred and twenty-nine B, or has a license to carry firearms as provided in section one hundred and thirty-one; that no large capacity firearm nor large capacity feeding device therefor shall be sold, rented, leased or transferred to any person not having (i) a Class A license to carry firearms issued under section 131 or (ii) a proper permit issued under section 131A and a firearm identification card issued under section 129B; that no large capacity rifle or shotgun nor large capacity feeding device therefor shall be sold to any person not having a Class A or Class B license to carry firearms issued under said section 131; and that no machine gun shall be sold, rented or leased to any person who has not a license to possess the same issued under section one hundred and thirty-one. Ninth, That upon the sale, rental or lease of a firearm, subject to a permit to purchase issued under the provisions of section one hundred and thirty-one A, the licensee under section one hundred and twenty-two shall take up such permit to purchase and shall endorse upon it the date and place of said sale, rental or lease, and shall transmit the same to the executive director of the criminal history systems board; and that upon the sale, rental or lease of a machine gun shall endorse upon the license to possess the same the date and place of said sale, rental or lease, and shall within seven days transmit a notice thereof to said executive director. In case of a sale under the provisions of section one hundred and thirty-one E the licensee under section one hundred and twenty-two shall write in the sales record book the number of the license to carry firearms issued the purchaser under the provisions of section one hundred and thirty-one, or the number of the firearm identification card issued the purchaser under the provisions of section one hundred and twenty-nine B, whichever is applicable under the provisions of condition Eighth of this section. Tenth, That this license shall be subject to forfeiture as provided in section one hundred and twenty-five for breach of any of its conditions, and that, if the licensee hereunder is convicted of a violation of any such conditions, this license shall thereupon become void. Eleventh, That the second, fifth, eighth and ninth conditions shall not apply to a gunsmith with regard to repair or remodeling or servicing of firearms, rifles or shotguns unless said gunsmith has manufactured a firearm, rifle or shotgun for the purchaser, but said gunsmith shall keep records of the work done by him together with the names and addresses of his customers. Such records shall be kept open for inspection by the police at all times. Twelfth, That any licensee shall keep records of each sale, rental or lease of a rifle or shotgun, specifying the description of said rifle or shotgun, together with the name and address of the purchaser, renter or lessee, and the date of such transaction. Thirteenth, That the current validity of any firearm identification card, license to carry firearms or permit to purchase, rent or lease firearms presented, and that the person presenting said card, license or permit is the lawful holder thereof, shall be verified by the licensee prior to any sale, rental or lease of a rifle, shotgun, firearm or large capacity feeding device; and, upon being presented with such card or license that is expired, suspended or revoked, the licensee shall notify the licensing authority of the presentment of such expired, suspended or revoked card, license or permit; and further, the licensee may take possession of such card or license provided that, in such case, such licensee shall: (i) issue a receipt, in a form provided by the executive director of the criminal history systems board, to the holder thereof which shall state that the holder’s card or license is expired, suspended or revoked, was taken by such licensee and forwarded to the licensing authority by whom it was issued and such receipt shall be valid for the date of issuance for the purpose of providing immunity from prosecution under section 10 of chapter 269 for unlawfully possessing a firearm, rifle or shotgun or large capacity weapon; (ii) notify the cardholder or licensee of his requirement to renew said card or license; and (iii) forward such expired card or license to the licensing authority forthwith; provided, however, that such licensee shall be immune from civil and criminal liability for good faith compliance with the provisions herein. Fourteenth, That the licensee shall conspicuously post at each purchase counter the following warning in bold type not less than one inch in height: “IT IS UNLAWFUL TO STORE OR KEEP A FIREARM, RIFLE, SHOTGUN OR MACHINE GUN IN ANY PLACE UNLESS THAT WEAPON IS EQUIPPED WITH A TAMPER-RESISTANT SAFETY DEVICE OR IS STORED OR KEPT IN A SECURELY LOCKED CONTAINER.
”, and that such licensee shall provide said warning, in writing, to the purchaser or transferee of any firearm, rifle, shotgun or machine gun in bold type not less than one-quarter inch in height. Fifteenth, That all licensees shall maintain a permanent place of business that is not a residence or dwelling wherein all transactions described in this section shall be conducted and wherein all records required to be kept under this section shall be so kept. Sixteenth, That no licensee shall sell, lease, rent, transfer or deliver or offer for sale, lease, rent, transfer or delivery to any person any assault weapon or large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Seventeenth, That any licensee from whom a rifle, shotgun, firearm or machine gun is lost or stolen shall report such loss or theft to the licensing authority and the executive director of the criminal history systems board forthwith. Such report shall include a complete description of the weapon, including the make, model, serial number and caliber and whether such weapon is a large capacity weapon. Eighteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm, to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a frame, barrel, cylinder, slide or breechblock that is composed of: (i) any metal having a melting point of less than 900 degrees Fahrenheit; (ii) any metal having an ultimate tensile strength of less than 55,000 pounds per square inch; or (iii) any powdered metal having a density of less than 7.
5 grams per cubic centimeter. This clause shall not apply to any make and model of firearm for which a sample of three firearms in new condition all pass the following test: Each of the three samples shall fire 600 rounds, stopping every 100 rounds to tighten any loose screws and to clean the gun if required by the cleaning schedule in the user manual, and as needed to refill the empty magazine or cylinder to capacity before continuing. For any firearm that is loaded in a manner other than via a detachable magazine, the tester shall also pause every 50 rounds for ten minutes. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. A firearm shall pass this test if it fires the first 20 rounds without a malfunction, fires the full 600 rounds with not more than six malfunctions and completes the test without any crack or breakage of an operating part of the firearm. The term “crack” or “breakage” shall not include a crack or breakage that does not increase the danger of injury to the user. For purposes of evaluating the results of this test, malfunction shall mean any failure to feed, chamber, fire, extract or eject a round or any failure to accept or eject a magazine or any other failure which prevents the firearm, without manual intervention beyond that needed for routine firing and periodic reloading, from firing the chambered round or moving a new round into position so that the firearm is capable of firing the new round properly. “Malfunction” shall not include a misfire caused by a faulty cartridge the primer of which fails to detonate when properly struck by the firearm’s firing mechanism. Nineteenth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearms wholesaler, and the sale, by its terms, prohibits such purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to accidental discharge which, for purposes of this clause, shall mean any make and model of firearm for which a sample of five firearms in new condition all undergo, and none discharge during, the following test: Each of the five sample firearms shall be: (a) test loaded; (b) set so that the firearm is in a condition such that pulling the trigger and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure would fire the handgun; and (c) dropped onto a solid slab of concrete from a height of one meter from each of the following positions: (i) normal firing position; (ii) upside down; (iii) on grip; (iv) on the muzzle; (v) on either side; and (vi) on the exposed hammer or striker or, if there is no exposed hammer or striker, the rearmost part of the firearm. If the firearm is designed so that its hammer or striker may be set in other positions, each sample firearm shall be tested as above with the hammer or striker in each such position but otherwise in such condition that pulling the trigger, and taking any action that must simultaneously accompany the pulling of the trigger as part of the firing procedure, would fire the firearm. Alternatively, the tester may use additional sample firearms of the same make and model, in a similar condition, for the test of each of these hammer striker settings. Twentieth, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery, any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler, and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm is prone to: (i) firing more than once per pull of the trigger; or (ii) explosion during firing. Twenty-first, That no licensee shall sell, rent, lease, transfer or deliver or offer for sale, lease, transfer or delivery any firearm to any purchaser in the commonwealth unless such sale is to a business entity that is primarily a firearm wholesaler and the sale, by its terms, prohibits the purchaser from reselling such firearm to a firearm retailer or consumer in the commonwealth if such firearm has a barrel less than three inches in length, unless the licensee discloses in writing, prior to the transaction, to the prospective buyer, lessee, deliveree or transferee the limitations of the accuracy of the particular make and model of the subject firearm, by disclosing the make and model’s average group diameter test result at seven yards, average group diameter test result at 14 yards and average group diameter test result at 21 yards. For purposes of this clause, “average group diameter test result” shall mean the arithmetic mean of three separate trials, each performed as follows on a different sample firearm in new condition of the make and model at issue. Each firearm shall fire five rounds at a target from a set distance and the largest spread in inches between the centers of any of the holes made in a test target shall be measured and recorded. This procedure shall be repeated two more times on the firearm. The arithmetic mean of each of the three recorded results shall be deemed the result of the trial for that particular sample firearm. The ammunition used shall be the type recommended by the firearm manufacturer in its user manual or, if none is recommended, any standard ammunition of the correct caliber in new condition. No licensee shall sell any rifle or shotgun, contrary to the provisions of section one hundred and thirty or section 131E.
No person licensed under the provisions of section 122 or section 122B shall sell, rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device contrary to the provisions of section 130 or section 131E; and no such licensee shall sell, rent, lease, transfer or deliver any rifle, shotgun or firearm or ammunition or ammunition feeding device to any person who does not have in his possession the required firearm identification card or proof of exemption therefrom, license to carry firearms or permit to purchase, rent or lease firearms and who does not present such card, proof, license or permit to the licensee in person at the time of purchase, rental or lease. No person licensed under the provisions of section 122 or section 122B shall fill an order for such weapon, ammunition or ammunition feeding device that was received by mail, facsimile, telephone or other telecommunication unless such transaction or transfer includes the in-person presentation of the required card, proof, license or permit as required herein prior to any sale, delivery or any form of transfer of possession of the subject weapon, ammunition or ammunition feeding device. Transactions between persons licensed under section 122 or between federally licensed dealers shall be exempt from the provisions of this paragraph.
The licensing authority shall enter, one time per calendar year, during regular business hours, the commercial premises owned or leased by any licensee, wherein such records required to be maintained under this section are stored or maintained, and inspect, in a reasonable manner, such records and inventory for the purpose of enforcing the provisions of this section. If such records and inventory contain evidence of violations of this section, the inspecting officer shall produce and take possession of copies of such records and, in the event that the licensee subject to inspection does not possess copying equipment, the inspecting officer shall arrange to have copied, in a reasonable time and manner, such records that contain evidence of such violations and the costs for such copying shall be assessed against the owner of such records. Licensees found to be in violation of this section shall be subject to the suspension or permanent revocation of such license issued under section 122 and to the provisions of section 128. Nothing herein shall prohibit the licensing authority or the department of state police from conducting such inspections pursuant to a valid search warrant issued by a court of competent jurisdiction.
Notwithstanding the provisions of this section, a person licensed under the provisions of section one hundred and twenty-two, or section one hundred and twenty-two B, may sell or transfer firearms, rifles, shotguns, machine guns or ammunition at any regular meeting of an incorporated collectors club or at a gun show open to the general public; provided, however, that all other provisions of this section are complied with and that such sale or transfer is in conformity with federal law or regulations applicable to the transfer or sale of firearms, rifles, shotguns, machine guns or ammunition, including the restrictions imposed upon firearm identification cards issued under section 129B, licenses to carry firearms issued under section 131 and permits to purchase, lease or rent firearms issued under section 131A.
Chapter 140: Section 124. Term of licenses Section 124. Licenses issued under sections one hundred and twenty-two and one hundred and twenty-two B shall expire three years from the date of issuance.
Chapter 140: Section 125. Forfeiture or suspension of licenses; notice Section 125. The officials authorized to issue a license under section one hundred and twenty-two, after due notice to the licensee and reasonable opportunity for him to be heard, may declare his license forfeited, or may suspend his license for such period of time as they may deem proper, upon satisfactory proof that he has violated or permitted a violation of any condition thereof or has violated any provision of this chapter, or has been convicted of a felony. The pendency of proceedings before a court shall not suspend or interfere with the power to declare a forfeiture. If the license is declared forfeited, the licensee shall be disqualified to receive a license for one year after the expiration of the term of the license so forfeited. The executive director of the criminal history systems board shall be notified in writing of any forfeiture under this section.
Chapter 140: Section 126. Placards, signs or advertisements; prima facie evidence Section 126. If there is exposed from, maintained in or permitted to remain on any vehicle or premises any placard, sign or advertisement purporting or designed to announce that firearms, rifles, shotguns or machine guns are kept in or upon such vehicle or premises or that an occupant of any vehicle or premises is a gunsmith, it shall be prima facie evidence that firearms, rifles, shotguns or machine guns are kept in or upon such vehicle or premises for sale or that the occupant is engaged in business as a gunsmith.
Chapter 140: Section 127. Transfer of licenses Section 127. The officials authorized to issue a license under section one hundred and twenty-two may transfer licenses from one location to another within the city or town in which the licenses are in force, but such transfer shall be granted only to the original licensee and upon the same terms and conditions upon which the license was originally granted. The executive director of the criminal history systems board shall be notified in writing of any transfers made under this section.
Chapter 140: Section 128. Penalty for violation of statute on selling, renting or leasing weapons; evidence on sale of machine gun Section 128. Any licensee under a license described in section one hundred and twenty-three, and any employee or agent of such a licensee, who violates any provision of said section required to be expressed in the second, fourth, sixth, seventh, eighth, ninth, sixteenth, eighteenth, nineteenth, twentieth or twenty-first condition of said license, and except as provided in section one hundred and twenty-eight A, any person who, without being licensed as hereinbefore provided, sells, rents or leases a firearm, rifle, shotgun or machine gun, or is engaged in business as a gunsmith, shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
Evidence that a person sold or attempted to sell a machine gun without being licensed under section one hundred and twenty-three shall, in a prosecution under this section, constitute prima facie evidence that such person is engaged in the business of selling machine guns.
Chapter 140: Section 128A. Application of Sec. 128 Section 128A. The provisions of section one hundred and twenty-eight shall not apply to any person who, without being licensed as provided in section one hundred and twenty-two, sells or transfers a firearm, rifle or shotgun to a person licensed under said section one hundred and twenty-two, or to a federally licensed firearms dealer or to a federal, state or local historical society, museum or institutional collection open to the public. The provisions of section one hundred and twenty-eight shall not apply to any resident of the commonwealth who, without being licensed as provided in section one hundred and twenty-two, sells or transfers to other than a federally licensed firearms dealer or organization named above not more than four firearms, including rifles and shotguns in any one calendar year; provided, however, that the seller has a firearm identification card or a license to carry firearms, is an exempt person under the conditions of clauses (n), (\%96), (r) and (s) of the fourth paragraph of section one hundred and twenty-nine C, or is permitted to transfer ownership under the conditions of section one hundred and twenty-nine D and the purchaser has, in the case of sale or transfer of a firearm, a permit to purchase issued under the provisions of section one hundred and thirty-one A and a firearm identification card issued under section one hundred and twenty-nine B, or has such permit to purchase and is an exempt person under the provisions of section one hundred and twenty-nine C, or has been issued a license to carry firearms under the provisions of section one hundred and thirty, or in the case of sale or transfer of a rifle or shotgun, the purchaser has a firearm identification card or a license to carry firearms or is an exempt person as hereinbefore stated; and provided, further, that such resident reports within seven days, in writing to the executive director of the criminal history systems board on forms furnished by said executive director, the names and addresses of the seller and the purchaser of any such large capacity feeding device, firearm, rifle or shotgun, together with a complete description of the firearm, rifle or shotgun, including its designation as a large capacity weapon, if applicable, the calibre, make and serial number and the purchaser’s license to carry firearms number, permit to purchase number and identifying number of such documentation as is used to establish exempt person status in the case of a firearm or the purchaser’s license to carry number or firearm identification card number or said document identity number, in the case of a rifle or shotgun.
Chapter 140: Section 128B. Unauthorized purchase of firearms; report to commissioner; penalties Section 128B. Any resident of the commonwealth who purchases or obtains a firearm, rifle or shotgun or machine gun from any source within or without the commonwealth, other than from a licensee under section one hundred and twenty-two or a person authorized to sell firearms under section one hundred and twenty-eight A, and any nonresident of the commonwealth who purchases or obtains a firearm, rifle, shotgun or machine gun from any source within or without the commonwealth, other than such a licensee or person, and receives such firearm, rifle, shotgun or machine gun, within the commonwealth shall within seven days after receiving such firearm, rifle, shotgun or machine gun, report, in writing, to the executive director of the criminal history systems board the name and address of the seller or donor and the buyer or donee, together with a complete description of the firearm, rifle, shotgun or machine gun, including the caliber, make and serial number. Whoever violates any provision of this section shall for the first offense be punished by a fine of not less than $500 nor more than $1,000 and for any subsequent offense by imprisonment in the state prison for not more than ten years.
Chapter 140: Section 129. Fictitious name or address and other false information; penalties Section 129. Whoever in purchasing, renting or hiring a firearm, rifle, shotgun or machine gun, or in making application for any form of license or permit issued in connection therewith, or in requesting that work be done by a gunsmith, gives a false or fictitious name or address or knowingly offers or gives false information concerning the date or place of birth, his citizenship status, occupation, or criminal record, shall for the first offense be punished by a fine of not less than five hundred nor more than one thousand dollars, or by imprisonment for not more than one year, or both; and for a second or subsequent offense, shall be punished by imprisonment for not less than two and one half years nor more than five years in the state prison.
Chapter 140: Section 129A. Repealed, 1945, 254 Chapter 140: Section 129B. Firearm identification cards; conditions and restrictions Section 129B. A firearm identification card shall be issued and possessed subject to the following conditions and restrictions:(1) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to the licensing authority an application for a firearm identification card, or renewal of the same, which the licensing authority shall issue, unless the applicant:(i) has ever, in a court of the commonwealth, been convicted or adjudicated a youthful offender or delinquent child, both as defined in section 52 of chapter 119, for the commission of: (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C including, but not limited to, a violation under said chapter 94C; provided, however, that except for the commission of a violent crime or a crime involving the trafficking of controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, such applicant’s right or ability to possess a non-large capacity rifle or shotgun shall be deemed restored in the commonwealth with respect to such conviction or adjudication and such conviction or adjudication shall not disqualify such applicant for a firearm identification card;(ii) has, in any other state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of: (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C; provided, however, that, except for the commission of a violent crime or a crime involving the trafficking of weapons or controlled substances, if the applicant has been so convicted or adjudicated or released from confinement, probation or parole supervision for such conviction or adjudication, whichever is last occurring, not less than five years immediately preceding such application, and such applicant’s right or ability to possess a rifle or shotgun has been fully restored in the jurisdiction wherein the subject conviction or adjudication was entered, such conviction or adjudication shall not disqualify such applicant for a firearm identification card;(iii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent the applicant from possessing a firearm, rifle or shotgun;(iv) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, in which case he may make application for such card after the expiration of five years from the date of such confinement or treatment and upon presentation of an affidavit issued by such physician to the effect that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;(v) is at the time of the application less than 15 years of age;(vi) is at the time of the application more than 15 but less than 18 years of age, unless the applicant submits with his application a certificate of his parent or guardian granting the applicant permission to apply for a card;(vii) is an alien;(viii) is currently subject to: (a) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (b) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or(ix) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
(2) Within seven days of the receipt of a completed application for a card, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall, within 30 days, advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a card; provided, however, that the taking of fingerprints shall not be required in issuing the renewal of a card if the renewal applicant’s fingerprints are on file with the department of state police. In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of mental health, department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. If the information available to the colonel does not indicate that the possession of a non-large capacity rifle or shotgun by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within such 30 day period.
(3) The licensing authority may not prescribe any other condition for the issuance of a firearm identification card and shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such card shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a rifle or shotgun by the applicant would be in violation of state or federal law.
(4) A firearm identification card shall be revoked or suspended by the licensing authority or his designee upon the occurrence of any event that would have disqualified the holder from being issued such card or from having such card renewed or for a violation of a restriction provided under this section. Any revocation or suspension of a card shall be in writing and shall state the reasons therefor. Upon revocation or suspension, the licensing authority shall take possession of such card and receipt for fee paid for such card, and the person whose card is so revoked or suspended shall take all action required under the provisions of section 129D. No appeal or post-judgment motion shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended card may be reinstated only upon the termination of all disqualifying conditions.
(5) Any applicant or holder aggrieved by a denial, revocation or suspension of a firearm identification card, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receipt of notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit in which the licensing authority is required to respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for or was issued such card. A justice of such court, after a hearing, may direct that a card be issued or reinstated to the petitioner if the justice finds that such petitioner is not prohibited by law from possessing such card.
(6) A firearm identification card shall not entitle a holder thereof to possess: (i) a large capacity firearm or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range; or (ii) a non-large capacity firearm or large capacity rifle or shotgun or large capacity feeding device therefor, except under a Class A license issued to a shooting club as provided under section 131 or under the direct supervision of a holder of a Class A or Class B license issued to an individual under section 131 at an incorporated shooting club or licensed shooting range. A firearm identification card shall not entitle a holder thereof to possess any rifle or shotgun that is, or in such manner that is, otherwise prohibited by law. A firearm identification card shall be valid for the purpose of purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate. Except as otherwise provided herein, a firearm identification card shall not be valid for the use, possession, ownership, transfer, purchase, sale, lease, rental or transportation of a rifle or shotgun if such rifle or shotgun is a large capacity weapon as defined in section 121.
(7) A firearm identification card shall be in a standard form provided by the executive director of the criminal history systems board in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90 and shall contain an identification number, name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the cardholder and shall be marked “Firearm Identification Card”. If a firearm identification card is issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, such card shall clearly state that such card is valid for such limited purpose only. The application for such card shall be made in a standard form provided by the executive director of the criminal history systems board which shall require the applicant to affirmatively state, under the pains and penalties of perjury, that he is not disqualified on any of the grounds enumerated in clauses (i) to (ix), inclusive, from being issued such card.
(8) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.
(9) A firearm identification card shall be valid, unless revoked or suspended, for a period of not more than 6 years from the date of issue, except that if the cardholder applied for renewal before the card expired, the card shall remain valid for a period of 90 days after the stated expiration date on the card, unless the application for renewal is denied. A card issued on February 29 shall expire on March 1. The executive director of the criminal history systems board shall send by first class mail to the holder of a firearm identification card, a notice of the expiration of the card not less than 90 days before its expiration, and shall enclose with the notice a form for the renewal of the card. The executive director of the criminal history systems board shall include in the notice all pertinent information about the penalties that may be imposed if the firearm identification card is not renewed within the 90 days before expiration.
(9A) Except as provided in clause (9B), the fee for an application for a firearm identification card shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited in the General Fund; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit quarterly that portion of the firearm identification card application fee which is to be deposited into the General Fund, not later than January 1, April 1, July 1 and October 1 of each year.
(9B) The application fee for a firearm identification card issued for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall be $25, which shall be payable to the licensing authority and shall not be prorated or refunded in the case of revocation or denial. The licensing authority shall retain 50 per cent of the fee and the remaining portion shall be deposited in the General Fund. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit quarterly that portion of the firearm identification card application fee which is to be deposited into the General Fund, not later than January 1, April 1, July 1 and October 1 of each year. There shall be no application fee for the renewal of a firearm identification card issued under this clause.
A firearm identification card issued under this clause shall display, in clear and conspicuous language, that the card shall be valid only for the purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate.
(10) Any person over the age of 70 shall be exempt from the requirement of paying a renewal fee for a firearm identification card.
(11) A cardholder shall notify, in writing, the licensing authority that issued such card, the chief of police into whose jurisdiction such cardholder moves and the executive director of the criminal history systems board of any change of address. Such notification shall be made by certified mail within 30 days of its occurrence. Failure to so notify shall be cause for revocation or suspension of such card.
(12) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a non-large capacity rifle or shotgun whose firearm identification card issued under this section is invalid for the sole reason that it has expired, meaning after 90 days beyond the stated expiration date on the card, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of said section 10 of said chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if: (i) such firearm identification card has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; (ii) revocation or suspension of such firearm identification card is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or (iii) an application for renewal of such firearm identification card has been denied. Any law enforcement officer who discovers a person to be in possession of a rifle or shotgun after such person’s firearm identification card has expired, meaning after 90 days beyond the stated expiration date on the card, or has been revoked or suspended solely for failure to give notice of a change of address shall confiscate any rifle or shotgun and such expired or suspended card then in possession, and such officer shall forward such card to the licensing authority by whom it was issued as soon as practicable. Any confiscated weapon shall be returned to the owner upon the renewal or reinstatement of such expired or suspended card within one year of such confiscation or such weapon may be otherwise disposed of in accordance with the provisions of section 129D. Pending the issuance of a renewed firearm identification card, a receipt for the fee paid, after five days following issuance, shall serve as a valid substitute and any rifle or shotgun so confiscated shall be returned, unless the applicant is disqualified. The provisions of this paragraph shall not apply if such person has a valid license to carry firearms issued under section 131 or 131F.
(13) Upon issuance of a firearm identification card under this section, the licensing authority shall forward a copy of such approved application and card to the executive director of the criminal history systems board, who shall inform the licensing authority forthwith of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of a firearm identification card under this section.
(14) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law.
(15) The secretary of the executive office of public safety, or his designee, may promulgate regulations to carry out the purposes of this section.
Chapter 140: Section 129C. Application of Sec. 129B; ownership or possession of firearms or ammunition; transfers; report to executive director; exemptions; exhibiting license to carry, etc. on demand Section 129C. No person, other than a licensed dealer or one who has been issued a license to carry a pistol or revolver or an exempt person as hereinafter described, shall own or possess any firearm, rifle, shotgun or ammunition unless he has been issued a firearm identification card by the licensing authority pursuant to the provisions of section one hundred and twenty-nine B.
No person shall sell, give away, loan or otherwise transfer a rifle or shotgun or ammunition other than (a) by operation of law, or (b) to an exempt person as hereinafter described, or (c) to a licensed dealer, or (d) to a person who displays his firearm identification card, or license to carry a pistol or revolver.
A seller shall, within seven days, report all such transfers to the executive director of the criminal history systems board according to the provisions set forth in section one hundred and twenty-eight A, and in the case of loss, theft or recovery of any firearm, rifle, shotgun or machine gun, a similar report shall be made forthwith to both the executive director of the criminal history systems board and the licensing authority in the city or town where the owner resides. Failure to so report shall be cause for suspension or permanent revocation of such person’s firearm identification card or license to carry firearms, or both, and shall be punished by a fine of not less than $200 nor more than $1,000 for a first offense and by a fine of not less than $1,000 nor more than $5,000 for a second offense.
The provisions of this section shall not apply to the following exempted persons and uses:(a) Any device used exclusively for signalling or distress use and required or recommended by the United States Coast Guard or the Interstate Commerce Commission, or for the firing of stud cartridges, explosive rivets or similar industrial ammunition;(b) Federally licensed firearms manufacturers or wholesale dealers, or persons employed by them or by licensed dealers, or on their behalf, when possession of firearms, rifles or shotguns is necessary for manufacture, display, storage, transport, installation, inspection or testing;(c) To a person voluntarily surrendering a firearm, rifle or shotgun and ammunition therefor to a licensing authority, the colonel of the state police or his designee if prior written notice has been given by said person to the licensing authority or the colonel of the state police, stating the place and approximate time of said surrender;(d) The regular and ordinary transport of firearms, rifles or shotguns as merchandise by any common carrier;(e) Possession by retail customers for the purpose of firing at duly licensed target concessions at amusement parks, piers and similar locations, provided that the firearms, rifles or shotguns to be so used are firmly chained or affixed to the counter and that the proprietor is in possession of a firearm identification card or license to carry firearms;(f) Possession of rifles and shotguns and ammunition therefor by nonresident hunters with valid nonresident hunting licenses during hunting season;(g) Possession of rifles and shotguns and ammunition therefor by nonresidents while on a firing or shooting range;(h) Possession of rifles and shotguns and ammunition therefor by nonresidents traveling in or through the commonwealth, providing that any rifles or shotguns are unloaded and enclosed in a case;(i) Possession of rifles and shotguns by nonresidents while at a firearm showing or display organized by a regularly existing gun collectors’ club or association;(j) Any new resident moving into the commonwealth, any resident of the commonwealth returning after having been absent from the commonwealth for not less than 180 consecutive days or any resident of the commonwealth upon being released from active service with any of the armed services of the United States with respect to any firearm, rifle or shotgun and any ammunition therefor then in his possession, for 60 days after such release, return or entry into the commonwealth;(k) Any person under the age of fifteen with respect to the use of a rifle or shotgun by such person in hunting or target shooting, provided that such use is otherwise permitted by law and is under the immediate supervision of a person holding a firearm identification card or a license to carry firearms, or a duly commissioned officer, noncommissioned officer or enlisted member of the United States Army, Navy, Marine Corps, Air Force or Coast Guard, or the National Guard or military service of the commonwealth or reserve components thereof, while in the performance of his duty;(l) The possession or utilization of any rifle or shotgun during the course of any television, movie, stage or other similar theatrical production, or by a professional photographer or writer for examination purposes in the pursuit of his profession, providing such possession or utilization is under the immediate supervision of a holder of a firearm identification card or a license to carry firearms;(m) The temporary holding, handling or firing of a firearm for examination, trial or instruction in the presence of a holder of a license to carry firearms, or the temporary holding, handling or firing of a rifle or shotgun for examination, trial or instruction in the presence of a holder of a firearm identification card, or where such holding, handling or firing is for a lawful purpose;(n) The transfer of a firearm, rifle or shotgun upon the death of an owner to his heir or legatee shall be subject to the provisions of this section, provided that said heir or legatee shall within one hundred and eighty days of such transfer, obtain a firearm identification card or a license to carry firearms if not otherwise an exempt person who is qualified to receive such or apply to the licensing authority for such further limited period as may be necessary for the disposition of such firearm, rifle or shotgun;(o) Persons in the military or other service of any state or of the United States, and police officers and other peace officers of any jurisdiction, in the performance of their official duty or when duly authorized to possess them;(p) Carrying or possession by residents or nonresidents of so-called black powder rifles, shotguns, and ammunition therefor as described in such paragraphs (A) and (B) of the third paragraph of section 121, and the carrying or possession of conventional rifles, shotguns, and ammunition therefor by nonresidents who meet the requirements for such carrying or possession in the state in which they reside.
[There is no clause (q).
] (r) Possession by a veteran’s organization chartered by the Congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the Internal Revenue Service and possession by the members of any such organization when on official parade duty or ceremonial occasions.
(s) Possession by federal, state and local historical societies, museums, and institutional collections open to the public, provided such firearms, rifles or shotguns are unloaded, properly housed and secured from unauthorized handling;(t) the possession of firearms, rifles, shotguns, machine guns and ammunition, by banks or institutional lenders, or their agents, servants or employees, when the same are possessed as collateral for a secured commercial transaction or as a result of a default under a secured commercial transaction.
(u) Any nonresident who is eighteen years of age or older at the time of acquiring a rifle or shotgun from a licensed firearms dealer; provided, however, that such nonresident must hold a valid firearms license from his state of residence; provided, further, that the licensing requirements of such nonresident’s state of residence are as stringent as the requirements of the commonwealth for a firearm identification card, as determined by the colonel of the state police who shall, annually, publish a list of those states whose requirements comply with the provisions of this clause.
Any person, exempted by clauses (o), (p) and (q), purchasing a rifle or shotgun or ammunition therefor shall submit to the seller such full and clear proof of identification, including shield number, serial number, military or governmental order or authorization, military or other official identification, other state firearms license, or proof of nonresidence, as may be applicable.
Nothing in this section shall permit the sale of rifles or shotguns or ammunition therefor to a minor under the age of eighteen in violation of section one hundred and thirty nor may any firearm be sold to a person under the age of 21 nor to any person who is not licensed to carry firearms under section one hundred and thirty-one unless he presents a valid firearm identification card and a permit to purchase issued under section one hundred and thirty-one A, or presents such permit to purchase and is a properly documented exempt person as hereinbefore described.
Nothing in this section shall permit the sale or transfer of any large capacity rifle or shotgun or large capacity feeding device therefor to any person not in possession of a Class A or Class B license to carry firearms issued under section 131, or of any large capacity firearm or large capacity feeding device therefor to any person not in possession of a Class A license to carry firearms issued under section 131.
The possession of a firearm identification card issued under section one hundred and twenty-nine B shall not entitle any person to carry a firearm in violation of section ten of chapter two hundred and sixty-nine and, the possession of a firearm identification card issued under section 129B shall not entitle any person to possess any large capacity rifle or shotgun or large capacity feeding device therefor in violation of subsection (m) of said section 10 of said chapter 269.
Any person who, while not being within the limits of his own property or residence, or such person whose property or residence is under lawful search, and who is not exempt under this section, shall on demand of a police officer or other law enforcement officer, exhibit his license to carry firearms, or his firearm identification card or receipt for fee paid for such card, or, after January first, nineteen hundred and seventy, exhibit a valid hunting license issued to him which shall bear the number officially inscribed of such license to carry or card if any. Upon failure to do so such person may be required to surrender to such officer said firearm, rifle or shotgun which shall be taken into custody as under the provisions of section one hundred and twenty-nine D, except that such firearm, rifle or shotgun shall be returned forthwith upon presentation within thirty days of said license to carry firearms, firearm identification card or receipt for fee paid for such card or hunting license as hereinbefore described. Any person subject to the conditions of this paragraph may, even though no firearm, rifle or shotgun was surrendered, be required to produce within thirty days said license to carry firearms, firearm identification card or receipt for fee paid for such card, or said hunting license, failing which the conditions of section one hundred and twenty-nine D will apply. Nothing in this section shall prevent any person from being prosecuted for any violation of this chapter.
Chapter 140: Section 129D. Surrender of firearms and ammunition to licensing authority upon denial of application for, or revocation of, identification card or license; right to transfer; sale by colonel of state police; rules and regulations Section 129D. Upon revocation, suspension or denial of an application for a firearm identification card pursuant to the conditions of section one hundred and twenty-nine B, or of any firearms license if said firearms identification card is not then in force or of any machine gun license, the person whose application was so revoked, suspended or denied shall without delay deliver or surrender, to the licensing authority where he resides, all firearms, rifles, shotguns and machine guns and ammunition which he then possesses unless an appeal is pending. Such person, or his legal representative, shall have the right, at any time up to one year after said delivery or surrender, to transfer such firearms, rifles, shotguns and machine guns and ammunition to any licensed dealer or any other person legally permitted to purchase or take possession of such firearms, rifles, shotguns and machine guns and ammunition and upon notification in writing by the purchaser or transferee and the former owner, the licensing authority shall within ten days deliver such firearms, rifles, shotguns and machine guns and ammunition to the transferee or purchaser and due care shall be observed by the licensing authority in the receipt and holding of any such firearm, rifle, shotgun or machine gun and ammunition.
The licensing authority, after taking possession of any firearm, rifle, shotgun, machine gun or ammunition by any means, may transfer possession of such weapon for storage purposes to a federally and state licensed dealer of such weapons and ammunition who operates a bonded warehouse on the licensed premises that is equipped with a safe for the secure storage of firearms and a weapon box or similar container for the secure storage of other weapons and ammunition; provided, however, that the licensing authority shall not transfer to such dealer possession of any weapon that is or may be evidence in any current or pending criminal case concerning a violation of any general or special law, rule or regulation governing the use, possession or ownership of such weapon. Any such dealer that takes possession of a weapon under the provisions of this section shall: (i) inspect such weapon; (ii) issue to the owner a receipt indicating the make, model, caliber, serial number and condition of each weapon so received; and (iii) store and maintain all weapons so received in accordance with such regulations, rules or guidelines as the secretary of the executive office of public safety may establish under this section. The owner shall be liable to such dealer for reasonable storage charges and may dispose of any such weapon as provided under this section by transfer to a person lawfully permitted to purchase or take possession of such weapon.
Firearms, rifles, shotguns or machine guns and ammunition not disposed of after delivery or surrender according to the provisions of this section shall be sold at public auction by the colonel of the state police to the highest bidding person legally permitted to purchase and possess said firearms, rifles, shotguns or machine guns and ammunition and the proceeds shall be remitted to the state treasurer. Any such weapon that is stored and maintained by a licensed dealer as provided under this section may be so auctioned at the direction of: (i) the licensing authority at the expiration of one year following initial surrender or delivery to such licensing authority; or (ii) the dealer then in possession, if the storage charges for such weapon have been in arrears for 90 days; provided, however, that in either case, title shall pass to the licensed dealer for the purpose of transferring ownership to the auctioneer; and provided further, that in either case, after deduction and payment for storage charges and all necessary costs associated with such surrender and transfer, all surplus proceeds, if any, shall be immediately returned to the owner of such weapon.
The secretary of the executive office of public safety may make and promulgate such rules and regulations as are necessary to carry out the provisions of this section.
Chapter 140: Section 12A. “Hotel” defined for Secs. 12B to 12D Section 12A. For the purpose of sections 12B to 12D, inclusive, the word “hotel” shall mean a hotel, motel, resort, boarding house, or inn, which is kept, used or advertised as, or held out to the public to be, a place where sleeping or housekeeping accommodations are supplied for pay to guests for transient occupancy.
Chapter 140: Section 12D. Persons negligently or intentionally causing damage to hotel; liability Section 12D. (a) A person who negligently or intentionally causes damage to the hotel or any furniture or furnishings within the hotel, shall be liable for damages sustained by the innkeeper, including the hotel’s loss of revenue resulting from the inability to rent or lease rooms while the damage is being repaired.
(b) A person who negligently or intentionally causes injury to any other person or damage to any personal property of such other person on the hotel premises shall be liable for the injury or damage.
(c) A parent or guardian of a minor shall be liable for acts of the minor described in subsections (a) and (b), if the parent or guardian provides a credit card or an advance cash deposit.
Chapter 140: Section 13. Posting of statutory provisions Section 13. Innholders shall post a printed copy of this and the three preceding sections in a conspicuous place in each room of their inns. Boarding house keepers shall post a copy of the preceding section in a conspicuous place in each room of their boarding houses.
Chapter 140: Section 130. Sale or furnishing weapons or ammunition to aliens or minors; penalty; exceptions Section 130. Whoever sells or furnishes a rifle, shotgun or ammunition to any alien eighteen years of age or older who does not hold a permit card issued to him under section one hundred and thirty-one H or, except as provided in this section or section one hundred and thirty-one E, whoever sells or furnishes any alien or any person under eighteen years of age a rifle, shotgun, machine gun or ammunition, or whoever sells or furnishes to any person under 21 years of age a firearm or large capacity rifle or shotgun or ammunition therefor shall have his license to sell firearms, rifles, shotguns, machine guns and or ammunition revoked and shall not be entitled to apply for such license for ten years from the date of such revocation and shall be punished by a fine of not less than $1,000 nor more than $10,000, or by imprisonment in a state prison for not more than ten years or by imprisonment in a house of correction for not more than two and one-half years, or by both such fine and imprisonment. Nothing in this section or section one hundred and thirty-one E shall be construed to prohibit a parent or guardian from allowing his child or ward, who has not attained age fifteen, the supervised use of a rifle or shotgun or ammunition therefor, according to the provisions of section one hundred and twenty-nine C, nor from furnishing such child or ward, who has attained age fifteen, with a rifle or shotgun that is not a large capacity weapon or ammunition; provided, however, that said child or ward, being fifteen years of age or older, has been issued a valid firearm identification card or alien permit to possess a rifle or shotgun which is in his possession. Nothing in this section shall be construed to prohibit an instructor from furnishing rifles or shotguns or ammunition therefor to pupils; provided, however, that said instructor has the consent of a parent or guardian of a pupil under the age of eighteen years.
Chapter 140: Section 130A. Repealed, 1957, 688, Sec. 14 Chapter 140: Section 130B. Firearm licensing review board; members; license applicants; hearings Section 130B. (a) There shall be a firearm licensing review board, established within the criminal history systems board, in this section called the board, comprised of 7 members, 1 of whom shall be a member of the criminal history systems board appointed by the executive director and who shall be the chair, 1 of whom shall be the secretary of public safety or his designee, 1 of whom shall be the colonel of state police or his designee, 1 of whom shall be appointed by the Massachusetts Chiefs of Police Association, 1 of whom shall be the attorney general or his designee, 1 whom shall be an attorney with litigation experience in firearm licensing cases and appointed by the governor from a list of qualified persons submitted to the governor by the Massachusetts Bar Association, and 1 of whom shall be a retired member of the judiciary and appointed by the governor.
(b) An applicant for a firearm identification card or license to carry who has been convicted of or adjudicated a delinquent child or youthful offender by reason of an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth which was not: (a) an assault or battery on a family member or household member, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the review board, may, after the passage of 5 years from conviction, adjudication as a youthful offender or a delinquent child or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring, file a petition for review of eligibility with the firearm licensing review board.
(c) The petitioner shall provide to the board a copy of a completed firearm identification card or license to carry application, which application shall have previously been submitted to the licensing authority or be submitted to the licensing authority contemporaneously with the petition filed with the board. The petitioner shall have the burden to prove his suitability to receive a firearm identification card or a license to carry by clear and convincing evidence. The board shall set a reasonable filing fee to file the petition.
(d) If the board determines, by 2/3rds vote, that: (i) the sole disqualifier for the petitioner is any conviction or adjudication as a youthful offender or a delinquent child for an offense or offenses punishable by 2 1/2 years imprisonment or less when committed under the laws of the commonwealth, arising out of a single incident and which does not otherwise disqualify the petitioner under subclauses (a), (d) or (e) of clause (i) or clauses (ii) to (ix), inclusive, of paragraph (1) of section 129B or subclauses (a), (d) or (e) of clause (i) or clauses (ii) to (vii), inclusive, of paragraph (d) of section 131, and which was not an assault or battery on a family member or household members, as defined by section 1 of chapter 209A, except that the determination to be made under clause (e) of said section 1 of said chapter 209A shall be made by the board; (ii) 5 years has passed since such conviction or adjudication or release from confinement, commitment, probation or parole supervision for such conviction or adjudication, whichever is last occurring; and (iii) by clear and convincing evidence, that the petitioner is a suitable person to be a firearm identification card or license to carry holder, the board shall determine that the petitioner’s right or ability to possess a firearm is fully restored in the commonwealth with respect to such conviction or adjudication and that such conviction or adjudication shall not prohibit such petitioner from applying to a licensing authority for a firearm identification card or license to carry. The board shall make a determination on a petition within 60 days after receipt of the petition.
(e) The board shall hold hearings at such times and places as in its discretion it reasonably determines to be required, but not less than once every 90 days, and shall give reasonable notice of the time and place of the hearing to the petitioner. The board shall have the power to compel attendance of witnesses at hearings.
(f) All hearings shall be conducted in an informal manner, but otherwise according to the rules of evidence, and all witnesses shall be sworn by the chair. If requested by the petitioner and payment for stenographic services, as determined by the board, accompanies such request, the board shall cause a verbatim transcript of the hearing to be made. The board’s decisions and findings of facts therefore shall be communicated in writing to the petitioner and to the licensing authority to whom the petitioner has applied or intends to apply within 20 days of rendering a decision.
(g) Members of the board shall serve without compensation, but shall be entitled to reasonable subsistence and travel allowances in the performance of their duties.
Chapter 140: Section 1311/2. Gun control advisory board Section 1311/2. The governor shall appoint a gun control advisory board, hereinafter referred to as the board. The board shall consist of seven individuals, one of whom shall be a member of the gun owners action league, one of whom shall be a police chief selected from a list of four selected by the police chiefs association and one of whom shall be the director of the firearms record bureau within the criminal history systems board. It shall be the responsibility of the board to advise the executive office of public safety on matters relating to the implementation of sections 121 to 131P, inclusive, and section 2SS of chapter 29. The board shall serve without compensation and shall adopt operating rules and procedures for its organization and activities.
Chapter 140: Section 1313/4. Roster of large capacity rifles, shotguns, firearms, and feeding devices Section 1313/4. The secretary of public safety shall, with the advice of the gun control advisory board established pursuant to the provisions of section 1311/2, compile and publish a roster of large capacity rifles, shotguns, firearms and feeding devices, all as defined in section 121, and such weapons referred to in clauses Eighteenth to Twenty-first, inclusive, of section 123.
The secretary shall, not less than three times annually, publish the roster in newspapers of general circulation throughout the commonwealth, and shall send a copy thereof to all dealers licensed in the commonwealth under the provisions of said section 122 of said chapter 140; and further, the licensing authority shall furnish said roster to all cardholders and licensees upon initial issuance and upon every renewal of the same.
The secretary may amend the roster upon his own initiative or with the advice of said board. A person may petition the secretary to place a weapon on, or remove a weapon from, the roster, subject to the provisions of this section. A person who so petitions shall give the reasons why the roster should be so amended.
A petition to amend the roster shall be submitted in writing to the secretary and shall be in the form and manner prescribed by the secretary. Upon receipt of the petition to place a weapon on the roster, the secretary shall, within 45 days of receipt of the petition, either notify the petitioner by certified mail that the petition is denied, or it shall modify the roster. An addition to the roster shall be effective on the date it is included in the next publication in newspapers of general circulation as provided under this section.
The secretary may promulgate rules and regulations relative to the appeal of a decision on a petition to modify the roster and any other regulations consistent with the provisions of this section and section 2SS of chapter 29, sections 11 and 14 of chapter 131, sections 121, 122, 122B, 123, 128, 128A, 128B, 129B, 129C, 129D, 130, 131, 131A, 131E, 131F and 131K of chapter 140 to effectuate the purposes of each said section.
Chapter 140: Section 131. Licenses to carry firearms; Class A and B; conditions and restrictions Section 131. All licenses to carry firearms shall be designated Class A or Class B, and the issuance and possession of any such license shall be subject to the following conditions and restrictions:(a) A Class A license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) firearms, including large capacity firearms, and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of firearms as the licensing authority deems proper; and (ii) rifles and shotguns, including large capacity weapons, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as it deems proper. A violation of a restriction imposed by the licensing authority under the provisions of this paragraph shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.
The colonel of state police may, after an investigation, grant a Class A license to a club or facility with an on-site shooting range or gallery, which club is incorporated under the laws of the commonwealth for the possession, storage and use of large capacity weapons, ammunition therefor and large capacity feeding devices for use with such weapons on the premises of such club; provided, however, that not less than one shareholder of such club shall be qualified and suitable to be issued such license; and provided further, that such large capacity weapons and ammunition feeding devices may be used under such Class A club license only by such members that possess a valid firearm identification card issued under section 129B or a valid Class A or Class B license to carry firearms, or by such other persons that the club permits while under the direct supervision of a certified firearms safety instructor or club member who, in the case of a large capacity firearm, possesses a valid Class A license to carry firearms or, in the case of a large capacity rifle or shotgun, possesses a valid Class A or Class B license to carry firearms. Such club shall not permit shooting at targets that depict human figures, human effigies, human silhouettes or any human images thereof, except by public safety personnel performing in line with their official duties.
No large capacity weapon or large capacity feeding device shall be removed from the premises except for the purposes of: (i) transferring such firearm or feeding device to a licensed dealer; (ii) transporting such firearm or feeding device to a licensed gunsmith for repair; (iii) target, trap or skeet shooting on the premises of another club incorporated under the laws of the commonwealth and for transporting thereto; (iv) attending an exhibition or educational project or event that is sponsored by, conducted under the supervision of or approved by a public law enforcement agency or a nationally or state recognized entity that promotes proficiency in or education about semiautomatic weapons and for transporting thereto and therefrom; (v) hunting in accordance with the provisions of chapter 131; or (vi) surrendering such firearm or feeding device under the provisions of section 129D. Any large capacity weapon or large capacity feeding device kept on the premises of a lawfully incorporated shooting club shall, when not in use, be secured in a locked container, and shall be unloaded during any lawful transport. The clerk or other corporate officer of such club shall annually file a report with the colonel of state police and the executive director of the criminal history systems board listing all large capacity weapons and large capacity feeding devices owned or possessed under such license. The colonel of state police or his designee, shall have the right to inspect all firearms owned or possessed by such club upon request during regular business hours and said colonel may revoke or suspend a club license for a violation of any provision of this chapter or chapter 269 relative to the ownership, use or possession of large capacity weapons or large capacity feeding devices.
(b) A Class B license shall entitle a holder thereof to purchase, rent, lease, borrow, possess and carry: (i) non-large capacity firearms and feeding devices and ammunition therefor, for all lawful purposes, subject to such restrictions relative to the possession, use or carrying of such firearm as the licensing authority deems proper; provided, however, that a Class B license shall not entitle the holder thereof to carry or possess a loaded firearm in a concealed manner in any public way or place; and provided further, that a Class B license shall not entitle the holder thereof to possess a large capacity firearm, except under a Class A club license issued under this section or under the direct supervision of a holder of a valid Class A license at an incorporated shooting club or licensed shooting range; and (ii) rifles and shotguns, including large capacity rifles and shotguns, and feeding devices and ammunition therefor, for all lawful purposes; provided, however, that the licensing authority may impose such restrictions relative to the possession, use or carrying of large capacity rifles and shotguns as he deems proper. A violation of a restriction provided under this paragraph, or a restriction imposed by the licensing authority under the provisions of this paragraph, shall be cause for suspension or revocation and shall, unless otherwise provided, be punished by a fine of not less than $1,000 nor more than $10,000; provided, however, that the provisions of section 10 of chapter 269 shall not apply to such violation.
A Class B license shall not be a valid license for the purpose of complying with any provision under this chapter governing the purchase, sale, lease, rental or transfer of any weapon or ammunition feeding device if such weapon is a large capacity firearm or if such ammunition feeding device is a large capacity feeding device for use with a large capacity firearm, both as defined in section 121.
(c) Either a Class A or Class B license shall be valid for the purpose of owning, possessing, purchasing and transferring non-large capacity rifles and shotguns, and for purchasing and possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate, consistent with the entitlements conferred by a firearm identification card issued under section 129B.
(d) Any person residing or having a place of business within the jurisdiction of the licensing authority or any person residing in an area of exclusive federal jurisdiction located within a city or town may submit to such licensing authority or the colonel of state police, an application for a Class A or Class B license to carry firearms, or renewal of the same, which such licensing authority or said colonel may issue if it appears that the applicant is a suitable person to be issued such license, and that the applicant has good reason to fear injury to his person or property, or for any other reason, including the carrying of firearms for use in sport or target practice only, subject to such restrictions expressed or authorized under this section, unless the applicant:(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances as defined in section 1 of chapter 94C;(ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;(iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for such license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;(iv) is at the time of the application less than 21 years of age;(v) is an alien;(vi) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or(vii) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
(e) Within seven days of the receipt of a completed application for a license to carry or possess firearms, or renewal of same, the licensing authority shall forward one copy of the application and one copy of the applicant’s fingerprints to the colonel of state police, who shall within 30 days advise the licensing authority, in writing, of any disqualifying criminal record of the applicant arising from within or without the commonwealth and whether there is reason to believe that the applicant is disqualified for any of the foregoing reasons from possessing a license to carry or possess firearms. In searching for any disqualifying history of the applicant, the colonel shall utilize, or cause to be utilized, files maintained by the department of probation and statewide and nationwide criminal justice, warrant and protection order information systems and files including, but not limited to, the National Instant Criminal Background Check System. The colonel shall inquire of the commissioner of the department of mental health relative to whether the applicant is disqualified from being so licensed. If the information available to the colonel does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law, he shall certify such fact, in writing, to the licensing authority within said 30 day period.
The licensing authority may also make inquiries concerning the applicant to: (i) the executive director of the criminal history systems board relative to any disqualifying condition and records of purchases, sales, rentals, leases and transfers of weapons or ammunition concerning the applicant; (ii) the commissioner of probation relative to any record contained within the department of probation or the statewide domestic violence record keeping system concerning the applicant; and (iii) the commissioner of the department of mental health relative to whether the applicant is a suitable person to possess firearms or is not a suitable person to possess firearms. The director or commissioner to whom the licensing authority makes such inquiry shall provide prompt and full cooperation for that purpose in any investigation of the applicant.
The licensing authority shall, within 40 days from the date of application, either approve the application and issue the license or deny the application and notify the applicant of the reason for such denial in writing; provided, however, that no such license shall be issued unless the colonel has certified, in writing, that the information available to him does not indicate that the possession of a firearm or large capacity firearm by the applicant would be in violation of state or federal law.
(f) A license issued under this section shall be revoked or suspended by the licensing authority, or his designee, upon the occurrence of any event that would have disqualified the holder from being issued such license or from having such license renewed. A license may be revoked or suspended by the licensing authority if it appears that the holder is no longer a suitable person to possess such license. Any revocation or suspension of a license shall be in writing and shall state the reasons therefor. Upon revocation or suspension, the licensing authority shall take possession of such license and the person whose license is so revoked or suspended shall take all actions required under the provisions of section 129D. No appeal or post-judgment motion shall operate to stay such revocation or suspension. Notices of revocation and suspension shall be forwarded to the executive director of the criminal history systems board and the commissioner of probation and shall be included in the criminal justice information system. A revoked or suspended license may be reinstated only upon the termination of all disqualifying conditions, if any.
Any applicant or holder aggrieved by a denial, revocation or suspension of a license, unless a hearing has previously been held pursuant to chapter 209A, may, within either 90 days after receiving notice of such denial, revocation or suspension or within 90 days after the expiration of the time limit during which the licensing authority is required to respond to the applicant, file a petition to obtain judicial review in the district court having jurisdiction in the city or town wherein the applicant filed for, or was issued, such license. A justice of such court, after a hearing, may direct that a license be issued or reinstated to the petitioner if such justice finds that there was no reasonable ground for denying, suspending or revoking such license and that the petitioner is not prohibited by law from possessing same.
(g) A license shall be in a standard form provided by the executive director of the criminal history systems board in a size and shape equivalent to that of a license to operate motor vehicles issued by the registry of motor vehicles pursuant to section 8 of chapter 90 and shall contain a license number which shall clearly indicate whether such number identifies a Class A or Class B license, the name, address, photograph, fingerprint, place and date of birth, height, weight, hair color, eye color and signature of the licensee. Such license shall be marked “License to Carry Firearms” and shall clearly indicate whether the license is Class A or Class B. The application for such license shall be made in a standard form provided by the executive director of the criminal history systems board, which form shall require the applicant to affirmatively state under the pains and penalties of perjury that such applicant is not disqualified on any of the grounds enumerated above from being issued such license.
(h) Any person who knowingly files an application containing false information shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a house of correction, or by both such fine and imprisonment.
(i) A license to carry or possess firearms shall be valid, unless revoked or suspended, for a period of not more than 6 years from the date of issue and shall expire on the anniversary of the licensee’s date of birth occurring not less than 5 years but not more than 6 years from the date of issue, except that if the licensee applied for renewal before the license expired, the license shall remain valid for a period of 90 days beyond the stated expiration date on the license, unless the application for renewal is denied. Any renewal thereof shall expire on the anniversary of the licensee’s date of birth occurring not less than 5 years but not more than 6 years from the effective date of such license. Any license issued to an applicant born on February 29 shall expire on March 1. The fee for the application shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth and not less than $50,000 of the funds deposited into the General Fund shall be allocated to the Firearm Licensing Review Board, established in section 130B, for its operations and that any funds not expended by said board for its operations shall revert back to the General Fund; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. For law enforcement officials, or local, state, or federal government entities acting on their behalf, the fee for the application shall be set at $25, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $12.
50 of the fee, and $12.
50 of the fee shall be deposited into the general fund of the commonwealth. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit such portion of the license application fee into the Firearms Record Keeping Fund quarterly, not later than January 1, April 1, July 1 and October 1 of each year. Notwithstanding any general or special law to the contrary, licensing authorities shall deposit quarterly such portion of the license application fee as is to be deposited into the General Fund, not later than January 1, April 1, July 1 and October 1 of each year. For the purposes of section 10 of chapter 269, an expired license to carry firearms shall be deemed to be valid for a period not to exceed 90 days beyond the stated date of expiration, unless such license to carry firearms has been revoked.
Any person over the age of 70 and any law enforcement officer applying for a license to carry firearms through his employing agency shall be exempt from the requirement of paying a renewal fee for a Class A or Class B license to carry.
(j)(1) No license shall be required for the carrying or possession of a firearm known as a detonator and commonly used on vehicles as a signaling and marking device, when carried or possessed for such signaling or marking purposes.
(2) No license to carry shall be required for the possession of an unloaded large capacity rifle or shotgun or an unloaded feeding device therefor by a veteran’s organization chartered by the Congress of the United States, chartered by the commonwealth or recognized as a nonprofit tax-exempt organization by the Internal Revenue Service, or by the members of any such organization when on official parade duty or during ceremonial occasions. For purposes of this subparagraph, an “unloaded large capacity rifle or shotgun” and an “unloaded feeding device therefor” shall include any large capacity rifle, shotgun or feeding device therefor loaded with a blank cartridge or blank cartridges, so-called, which contain no projectile within such blank or blanks or within the bore or chamber of such large capacity rifle or shotgun.
(k) Whoever knowingly issues a license in violation of this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment for not less than six months nor more than two years in a jail or house of correction, or by both such fine and imprisonment.
(l) The executive director of the criminal history systems board shall send by first class mail to the holder of each such license to carry firearms, a notice of the expiration of such license not less than 90 days prior to such expiration and shall enclose therein a form for the renewal of such license. The taking of fingerprints shall not be required in issuing the renewal of a license if the renewal applicant’s fingerprints are on file with the department of the state police. Any licensee shall notify, in writing, the licensing authority who issued said license, the chief of police into whose jurisdiction the licensee moves and the executive director of the criminal history systems board of any change of address. Such notification shall be made by certified mail within 30 days of its occurrence. Failure to so notify shall be cause for revocation or suspension of said license.
(m) Notwithstanding the provisions of section 10 of chapter 269, any person in possession of a firearm, rifle or shotgun whose license issued under this section is invalid for the sole reason that it has expired, meaning after 90 days beyond the stated expiration date on the license, but who shall not be disqualified from renewal upon application therefor under this section, shall be subject to a civil fine of not less than $500 nor more than $5,000 and the provisions of section 10 of chapter 269 shall not apply; provided, however, that the exemption from the provisions of said section 10 of said chapter 269 provided herein shall not apply if: (i)such license has been revoked or suspended, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; (ii) revocation or suspension of such license is pending, unless such revocation or suspension was caused by failure to give notice of a change of address as required under this section; or (iii) an application for renewal of such license has been denied. Any law enforcement officer who discovers a person to be in possession of a firearm, rifle or shotgun after such person’s license has expired, meaning after 90 days beyond the stated expiration date on the license, has been revoked or suspended, solely for failure to give notice of a change of address, shall confiscate such firearm, rifle or shotgun and the expired or suspended license then in possession and such officer, shall forward such license to the licensing authority by whom it was issued as soon as practicable. The officer shall, at the time of confiscation, provide to the person whose firearm, rifle or shotgun has been confiscated, a written inventory and receipt for all firearms, rifles or shotguns confiscated and the officer and his employer shall exercise due care in the handling, holding and storage of these items. Any confiscated weapon shall be returned to the owner upon the renewal or reinstatement of such expired or suspended license within one year of such confiscation or may be otherwise disposed of in accordance with the provisions of section 129D. The provisions of this paragraph shall not apply if such person has a valid license to carry firearms issued under section 131F.
(n) Upon issuance of a license to carry or possess firearms under this section, the licensing authority shall forward a copy of such approved application and license to the executive director of the criminal history systems board, who shall inform the licensing authority forthwith of the existence of any disqualifying condition discovered or occurring subsequent to the issuance of a license under this section.
(o) No person shall be issued a license to carry or possess a machine gun in the commonwealth, except that a licensing authority or the colonel of state police may issue a machine gun license to:(i) a firearm instructor certified by the municipal police training committee for the sole purpose of firearm instruction to police personnel;(ii) a bona fide collector of firearms upon application or upon application for renewal of such license.
(p) The executive director of the criminal history systems board shall promulgate regulations in accordance with chapter 30A to establish criteria for persons who shall be classified as bona fide collectors of firearms.
(q) Nothing in this section shall authorize the purchase, possession or transfer of any weapon, ammunition or feeding device that is, or in such manner that is, prohibited by state or federal law.
(r) The secretary of the executive office of public safety or his designee may promulgate regulations to carry out the purposes of this section.
Chapter 140: Section 131A. Permits to purchase, rent or lease firearms, or to purchase ammunition; fee; penalties Section 131A. A licensing authority under section one hundred and thirty-one, upon the application of a person qualified to be granted a license thereunder by such authority, may grant to such a person, other than a minor, a permit to purchase, rent or lease a firearm if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. The colonel of the state police or a person authorized by him, upon the application of a person licensed under section one hundred and thirty-one F, may grant to such licensee, other than a minor, a permit to purchase, rent or lease a firearm, rifle or shotgun, or to purchase ammunition therefor, if it appears that such purchase, rental or lease is for a proper purpose, and may revoke such permit at will. Such permits shall be issued on forms furnished by the executive director of the criminal history systems board, shall be valid for not more than ten days after issue, and a copy of every such permit so issued shall within one week thereafter be sent to the said executive director. The licensing authority may impose such restrictions relative to the caliber and capacity of the firearm to be purchased, rented or leased as he deems proper. Whoever knowingly issues a permit in violation of this section shall be punished by a fine of not less than five hundred nor more than one thousand dollars and by imprisonment for not less than six months nor more than two years in a jail or house of correction.
The fee for the permits shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund.
Chapter 140: Section 131B. Penalty for loan of money secured by weapons Section 131B. Whoever loans money secured by mortgage, deposit or pledge of a firearm, rifle, shotgun or machine gun shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or by both; provided, however that nothing herein shall prohibit a bank or other institutional lender from loaning money secured by a mortgage, deposit, or pledge of a firearm, rifle, shotgun or machine gun to a manufacturer, wholesaler, or dealer of firearms, rifles, or shotguns. The provisions of section one hundred and twenty-three shall not be applicable to any such mortgage, deposit or pledge unless or until the lender takes possession of the collateral upon default or the collateral is removed from the premises of the debtor.
Chapter 140: Section 131C. Carrying of firearms in a vehicle Section 131C. (a) No person carrying a loaded firearm under a Class A license issued under section 131 or 131F shall carry the same in a vehicle unless such firearm while carried therein is under the direct control of such person. Whoever violates the provisions of this subsection shall be punished by a fine of $500.
(b) No person carrying a firearm under a Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of $500.
(c) No person possessing a large capacity rifle or shotgun under a Class A or Class B license issued under section 131 or 131F shall possess the same in a vehicle unless such weapon is unloaded and contained within the locked trunk of such vehicle or in a locked case or other secure container. Whoever violates the provisions of this subsection shall be punished by a fine of not less than $500 nor more than $5,000.
(d) The provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state or the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.
(e) A conviction of a violation of this section shall be reported forthwith by the court or magistrate to the licensing authority who shall immediately revoke the card or license of the person so convicted. No new such card or license may be issued to any such person until one year after the date of revocation.
Chapter 140: Section 131D. Repealed, 1954, 672, Sec. 7 Chapter 140: Section 131E. Purchase by residents; licenses; firearm identification cards; purchase for use of another; penalties; revocation of licenses or cards; reissuance Section 131E. Any resident of the commonwealth may purchase firearms, rifles, shotguns and ammunition feeding devices from any dealer licensed under section 122, or from such person as shall be qualified under section 128A, or ammunition from a licensee under section 122B, subject to the following conditions and restrictions:(a) rifles, shotguns and feeding devices therefor may be so purchased only upon presentment of: (i) a valid firearm identification card issued under section 129B; or (ii) a valid Class A or Class B license to carry firearms issued under section 131; or (iii) valid proof of exempt status under section 129C; provided, however, that large capacity rifles and shotguns and large capacity feeding devices therefor may be so purchased only upon presentment of a Class A or Class B license to carry firearms issued under said section 131; and provided further, that no rifle or shotgun or ammunition or ammunition feeding device therefor shall be sold to any person less than 18 years of age; and provided further, that no large capacity rifle or shotgun or large capacity feeding device therefor shall be sold to any person less than 21 years of age;(b) firearms and feeding devices therefor may be so purchased only upon presentment of: (i) a valid Class A or Class B license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid permit to purchase a firearm issued under section 131A; or (iii) a valid permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; provided, however, that large capacity firearms and large capacity feeding devices therefor may be so purchased only upon presentment of: (i) a valid Class A license to carry firearms issued under section 131; or (ii) a valid firearm identification card issued under section 129B together with a valid and proper permit to purchase a firearm issued under section 131A; or (iii) a valid and proper permit to purchase a firearm issued under section 131A together with valid proof of exempt status under section 129C; and provided further, that neither a firearm identification card issued under section 129B, nor proof of exempt status under section 129C, shall be valid for the purpose of purchasing any firearm or ammunition feeding device therefor without being presented together with a valid and proper permit to purchase issued under section 131A; and provided further, that an alien permit to possess a rifle or shotgun shall not be valid for the purpose of purchasing firearms or ammunition or ammunition feeding devices therefor; and provided further, that no firearm or ammunition or ammunition feeding device therefor shall be sold to any person less than 21 years of age. Any person who uses said license to carry firearms or firearm identification card for the purpose of purchasing a firearm, rifle or shotgun for the unlawful use of another, or for resale to or giving to an unlicensed person, shall be punished by a fine of not less than one thousand nor more than fifty thousand dollars, or by imprisonment for not less than two and one-half years nor more than ten years in a state prison, or by both such fine and imprisonment. A conviction of a violation of this section shall be reported forthwith by the court to the licensing authority which issued the license or firearm identification card, which shall immediately revoke the license or firearm identification card of such person. No new license or firearm identification card under section one hundred and twenty-nine B or section one hundred and thirty-one shall be issued to any such person within two years after the date of said revocation.
Chapter 140: Section 131F1/2. Theatrical productions; carrying firearms and blank ammunition Section 131F1/2. Notwithstanding the provisions of subsection (a) of section ten of chapter two hundred and sixty-nine of the General Laws or any other law to the contrary, the carrying or possession of a firearm and blank ammunition therefor, during the course of any television, movie, stage or other similar theatrical production, by a person within such production, shall be authorized; provided, however, that such carrying or possession of such firearm shall be under the immediate supervision of a person licensed to carry firearms.
Chapter 140: Section 131F. Nonresidents or aliens; temporary license to carry firearms or ammunition Section 131F. A Class A or Class B temporary license to carry firearms or feeding devices or ammunition therefor, within the commonwealth, may be issued by the colonel of state police, or persons authorized by him, to a nonresident or any person not falling within the jurisdiction of a local licensing authority or to an alien that resides outside the commonwealth for purposes of firearms competition and subject to such terms and conditions as said colonel may deem proper; provided, however, that no license shall be issued to a person who:(i) has, in any state or federal jurisdiction, been convicted or adjudicated a youthful offender or delinquent child for the commission of (a) a felony; (b) a misdemeanor punishable by imprisonment for more than two years; (c) a violent crime as defined in section 121; (d) a violation of any law regulating the use, possession, ownership, transfer, purchase, sale, lease, rental, receipt or transportation of weapons or ammunition for which a term of imprisonment may be imposed; or (e) a violation of any law regulating the use, possession or sale of controlled substances, as defined in section 1 of chapter 94C;(ii) has been confined to any hospital or institution for mental illness, unless the applicant submits with his application an affidavit of a registered physician attesting that such physician is familiar with the applicant’s mental illness and that in such physician’s opinion the applicant is not disabled by such an illness in a manner that should prevent such applicant from possessing a firearm;(iii) is or has been under treatment for or confinement for drug addiction or habitual drunkenness, unless such applicant is deemed to be cured of such condition by a licensed physician, and such applicant may make application for said license after the expiration of five years from the date of such confinement or treatment and upon presentment of an affidavit issued by such physician stating that such physician knows the applicant’s history of treatment and that in such physician’s opinion the applicant is deemed cured;(iv) is currently subject to: (A) an order for suspension or surrender issued pursuant to section 3B or 3C of chapter 209A or a similar order issued by another jurisdiction; or (B) a permanent or temporary protection order issued pursuant to chapter 209A or a similar order issued by another jurisdiction; or(v) is currently the subject of an outstanding arrest warrant in any state or federal jurisdiction.
Such license shall be valid for a period of one year but the colonel may renew such license, if in his discretion, such renewal is necessary.
The colonel may also issue such license, subject to such terms and conditions as he deems proper, to any resident of the commonwealth for the purposes of sports competition.
A temporary license issued under this section shall be marked “Temporary License to Carry Firearms”, shall clearly indicate whether it is Class A or Class B and shall not be used to purchase firearms in the commonwealth as provided under section 131E. Neither a large capacity firearm nor large capacity feeding device therefor may be carried unless such person has been issued a Class A license; provided, however, that the colonel may permit a Class A or Class B licensee to possess large capacity rifles or shotguns or both, and such entitlement shall be clearly indicated on such license. The fee for an application for the license shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. A license issued under the provisions of this section to a non-resident who is in the employ of a bank, public utility corporation, or a firm engaged in the business of transferring monies, or business of similar nature, or a firm licensed as a private detective under the provisions of chapter one hundred and forty-seven, and whose application is endorsed by his employer, or who is a member of the armed services and is stationed within the territorial boundaries of the commonwealth and has the written consent of his commanding officer, may be issued for any term not to exceed two years, and said licenses shall expire in accordance with the provisions of section one hundred and thirty-one.
A license, otherwise in accordance with provisions of this section, may be issued to a nonresident employee, whose application is endorsed by his employer, of a federally licensed Massachusetts manufacturer of machine guns to possess within the commonwealth a machine gun for the purpose of transporting or testing relative to the manufacture of machine guns, and the license shall be marked “temporary license to possess a machine gun” and may be issued for any term not to exceed two years and shall expire in accordance with the provisions of section one hundred and thirty-one.
Chapter 140: Section 131G. Carrying of firearms by non-residents; conditions Section 131G. Any person who is not a resident of the commonwealth may carry a pistol or revolver in or through the commonwealth for the purpose of taking part in a pistol or revolver competition or attending any meeting or exhibition of any organized group of firearm collectors or for the purpose of hunting; provided, that such person is a resident of the United States and has a permit or license to carry firearms issued under the laws of any state, district or territory thereof which has licensing requirements which prohibit the issuance of permits or licenses to persons who have been convicted of a felony or who have been convicted of the unlawful use, possession or sale of narcotic or harmful drugs; provided, further, that in the case of a person traveling in or through the commonwealth for the purpose of hunting, he has on his person a hunting or sporting license issued by the commonwealth or by the state of his destination. Police officers and other peace officers of any state, territory or jurisdiction within the United States duly authorized to possess firearms by the laws thereof shall, for the purposes of this section, be deemed to have a permit or license to carry firearms as described in this section.
Chapter 140: Section 131H. Ownership or possession of firearms by aliens; penalties; seizure and disposition Section 131H. No alien shall own or have in his possession or under his control a firearm except as provided in section one hundred and thirty-one F or a rifle or shotgun except as provided in this section or section one hundred and thirty-one F. The colonel of the state police may, after an investigation, issue a permit to an alien to own or have in his possession or under his control a rifle or shotgun; subject to such terms and conditions as said colonel may deem proper. The fee for the permit shall be $100, which shall be payable to the licensing authority and shall not be prorated or refunded in case of revocation or denial. The licensing authority shall retain $25 of the fee; $50 of the fee shall be deposited into the general fund of the commonwealth; and $25 of the fee shall be deposited in the Firearms Fingerprint Identity Verification Trust Fund. Upon issuing such permit said colonel shall so notify, in writing, the chief of police or the board or officer having control of the police in the city or town in which such alien resides. Each such permit card shall expire at twelve midnight on December thirty-first next succeeding the effective date of said permit, and shall be revocable for cause by said colonel. In case of revocation, the fee for such permit shall not be prorated or refunded. Whenever any such permit is revoked, said colonel shall give notification as hereinbefore provided. The permit issued to an alien under this section shall be subject to sections one hundred and twenty-nine B and one hundred and twenty-nine C except as otherwise provided by this section.
Violation of any provision of this section shall be punished by a fine of not less than five hundred nor more than one thousand dollars, and by imprisonment for not more than six months in a jail or house of correction. If, in any prosecution for violation of this section, the defendant alleges that he has been naturalized, or alleges that he is a citizen of the United States, the burden of proving the same shall be upon him. Any firearm, rifle or shotgun owned by an alien or in his possession or under his control in violation of this section shall be forfeited to the commonwealth. Any such firearm, rifle or shotgun may be the subject of a search warrant as provided in chapter two hundred and seventy-six.
The director of law enforcement of the department of fisheries, wildlife and environmental law enforcement, deputy directors of enforcement, chiefs of enforcement, deputy chiefs of enforcement, environmental police officers and deputy environmental police officers, wardens as defined in section one of chapter one hundred and thirty-one and members of the state police in areas over which they have jurisdiction, and all officers qualified to serve criminal process shall arrest, without a warrant, any person found with a firearm, rifle or shotgun in his possession if they have reason to believe that he is an alien and if he does not have in his possession a valid permit as provided in this section.
Chapter 140: Section 131I. Falsifying firearm license or identification card; penalty Section 131I. Whoever falsely makes, alters, forges or counterfeits or procures or assists another to falsely make, alter, forge or counterfeit a license to carry a firearm or a firearm identification card, or whoever forges or without authority uses the signature, facsimile of the signature, or validating signature stamp of the licensing authority or its designee, or whoever possesses, utters, publishes as true or in any way makes use of a falsely made, altered, forged or counterfeited license to carry a firearm or a firearm identification card, shall be punished by imprisonment in a state prison for not more than five years or in a jail or house of correction for not more than two years, or by a fine of not less than five hundred dollars, or both such fine and imprisonment.
Chapter 140: Section 131J. Sale or possession of electrical weapons; penalties Section 131J. No person shall possess a portable device or weapon from which an electrical current, impulse, wave or beam may be directed, which current, impulse, wave or beam is designed to incapacitate temporarily, injure or kill, except: (1) a federal, state or municipal law enforcement officer, or member of a special reaction team in a state prison or designated special operations or tactical team in a county correctional facility, acting in the discharge of his official duties who has completed a training course approved by the secretary of public safety in the use of such a devise or weapon designed to incapacitate temporarily; or (2) a supplier of such devices or weapons designed to incapacitate temporarily, if possession of the device or weapon is necessary to the supply or sale of the device or weapon within the scope of such sale or supply enterprise. No person shall sell or offer for sale such device or weapon, except to federal, state or municipal law enforcement agencies. A device or weapon sold under this section shall include a mechanism for tracking the number of times the device or weapon has been fired. The secretary of public safety shall adopt regulations governing who may sell or offer to sell such devices or weapons in the commonwealth and governing law enforcement training on the appropriate use of portable electrical weapons.
Whoever violates this section shall be punished by a fine of not less than $500 nor more than $1,000 or by imprisonment in the house of correction for not less than 6 months nor more than 21/2 years, or by both such fine and imprisonment. A law enforcement officer may arrest without a warrant any person whom he has probable cause to believe has violated this section.
Chapter 140: Section 131K. Firearms or large capacity weapons without safety devices; liability Section 131K. Any firearm or large capacity weapon, both as defined in section 121, sold within the commonwealth without a safety device designed to prevent the discharge of such weapon by unauthorized users and approved by the colonel of state police including, but not limited to, mechanical locks or devices designed to recognize and authorize, or otherwise allow the firearm to be discharged only by its owner or authorized user, by solenoid use-limitation devices, key activated or combination trigger or handle locks, radio frequency tags, automated fingerprint identification systems or voice recognition, provided, that such device is commercially available, shall be defective and the sale of such a weapon shall constitute a breach of warranty under section 2-314 of chapter 106 and an unfair or deceptive trade act or practice under section 2 of chapter 93A. Any entity responsible for the manufacture, importation or sale as an inventory item or consumer good, both as defined in section 9-102 of chapter 106, of such a weapon that does not include or incorporate such a device shall be individually and jointly liable to any person who sustains personal injury or property damage resulting from the failure to include or incorporate such a device. If death results from such personal injury, such entities shall be liable in an amount including, but not limited to, that provided under chapter 229. Contributory or comparative negligence shall not be valid defenses to an action brought under this section in conjunction with section 2 of chapter 93A or section 2-314 of chapter 106 or both; provided, however, that nothing herein shall prohibit such liable parties from maintaining an action for indemnification or contribution against each other or against the lawful owner or other authorized user of said weapon. Any disclaimer, limit or waiver of the liability provided under this section shall be void.
No entity responsible for the manufacture, importation or sale of such a weapon shall be liable to any person for injuries caused by the discharge of such weapon that does not include or incorporate a safety device as required under this section if such injuries were: (i) self-inflicted, either intentionally or unintentionally, unless such injuries were self-inflicted by a person less than 18 years of age; (ii) inflicted by the lawful owner or other authorized user of said weapon; (iii) inflicted by any person in the lawful exercise of self-defense; or (iv) inflicted upon a co-conspirator in the commission of a crime.
This section shall not apply to any weapon distributed to an officer of any law enforcement agency or any member of the armed forces of the United States or the organized militia of the commonwealth; provided, however, that such person is authorized to acquire, possess or carry such a weapon for the lawful performance of his official duties; and provided further, that any such weapon so distributed is distributed solely for use in connection with such duties. This section shall not apply to any firearm manufactured in or prior to the year 1899, or to any replica of such a firearm if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
Chapter 140: Section 131L. Weapons stored or kept by owner; inoperable by any person other than owner or lawfully authorized user; punishment Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user.
(b) A violation of this section shall be punished, in the case of a firearm, rifle or shotgun that is not a large capacity weapon, by a fine of not less than $500 nor more than $5,000 or by imprisonment for not more than one year, or by both such fine and imprisonment, and in the case of a large capacity weapon or machine gun, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
(c) A violation of this section shall be punished, in the case of a rifle or shotgun that is not a large capacity weapon and such weapon was stored or kept in a place where a person under the age of 18 who does not possess a valid firearm identification card issued under section 129B may have access without committing an unforeseeable trespass, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment.
(d) A violation of this section shall be punished, in the case of a rifle or shotgun that is a large capacity weapon, firearm or machine gun was stored or kept in a place where a person under the age of 18 may have access, without committing an unforeseeable trespass, by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not less than two and one-half years, nor more than ten years, or by both such fine and imprisonment.
(e) A violation of the provisions of this section shall be evidence of wanton or reckless conduct in any criminal or civil proceeding if a person under the age of 18 who was not a trespasser or was a foreseeable trespasser acquired access to a weapon, unless such person possessed a valid firearm identification card issued under section 129B and was permitted by law to possess such weapon, and such access results in the personal injury to or the death of any person.
(f) This section shall not apply to the storage or keeping of any firearm, rifle or shotgun with matchlock, flintlock, percussion cap or similar type of ignition system manufactured in or prior to the year 1899, or to any replica of any such firearm, rifle or shotgun if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition.
Chapter 140: Section 131M. Assault weapon or large capacity feeding device not lawfully possessed on September 13, 1994; sale, transfer or possession; punishment Section 131M. No person shall sell, offer for sale, transfer or possess an assault weapon or a large capacity feeding device that was not otherwise lawfully possessed on September 13, 1994. Whoever not being licensed under the provisions of section 122 violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
The provisions of this section shall not apply to: (i) the possession by a law enforcement officer for purposes of law enforcement; or (ii) the possession by an individual who is retired from service with a law enforcement agency and is not otherwise prohibited from receiving such a weapon or feeding device from such agency upon retirement.
Chapter 140: Section 131N. Covert weapons; sale, transfer or possession; punishment Section 131N. No person shall sell, offer for sale, transfer or possess any weapon, capable of discharging a bullet or shot, that is: (i) constructed in a shape that does not resemble a handgun, short-barreled rifle or short-barreled shotgun including, but not limited to, covert weapons that resemble key-chains, pens, cigarette-lighters or cigarette-packages; or (ii) not detectable as a weapon or potential weapon by x-ray machines commonly used at airports or walk-through metal detectors. Whoever violates the provisions of this section shall be punished, for a first offense, by a fine of not less than $1,000 nor more than $10,000 or by imprisonment for not less than one year nor more than ten years, or by both such fine and imprisonment, and for a second offense, by a fine of not less than $5,000 nor more than $15,000 or by imprisonment for not less than five years nor more than 15 years, or by both such fine and imprisonment.
Chapter 140: Section 131O. Colonel of state police; statewide firearms surrender program Section 131O. Notwithstanding any general or special law, rule or regulation to the contrary, the colonel of state police, in conjunction with the secretary of the executive office of public safety, shall promulgate rules and regulations implementing a statewide firearms surrender program. In conjunction with this program only, any citizen of the commonwealth who complies with the policies set forth by the colonel shall not be asked for identification and shall be immune from prosecution for possession of such firearm; provided, however, that nothing herein shall prohibit the prosecution of any person for the unlawful possession of a firearm who is not in compliance with the conditions and procedures established by the colonel; and provided further, that nothing herein shall prohibit the prosecution of any person for any other offense committed within the commonwealth.
Any firearm surrendered in accordance with the provisions of this program that is reported stolen shall be returned to its lawful owner; provided, however, that any firearm suspected to be evidence in a crime shall remain in the custody and control of the department of state police in the same manner as any other such firearm lawfully seized by the department of state police. The department of state police may test-fire and preserve any and all firearms voluntarily surrendered. All weapons that have been voluntarily surrendered that are not suspected to be evidence of criminal activity and have not been reported stolen shall be disposed of in accordance with procedures established by the colonel.
Chapter 140: Section 131P. Basic firearms safety certificate; instructors Section 131P. (a) Any person making application for the issuance of a firearms identification card under section 129B, a Class A or Class B license to carry firearms under section 131 or 131F or a permit to purchase under section 131A who was not licensed under the provisions of this chapter on June 1, 1998 shall, in addition to the requirements set forth in said section 129B, 131, 131A or 131F, submit to the licensing authority a basic firearms safety certificate; provided, however, that a certificate issued by the division of law enforcement in the department of fisheries, wildlife and environmental law enforcement pursuant to the provisions of section 14 of chapter 131 evidencing satisfactory completion of a hunter education course shall serve as a valid substitute for a basic firearms safety certificate required under this section; and provided further, that an applicant for a firearms identification card for the sole purpose of purchasing or possessing chemical mace, pepper spray or other similarly propelled liquid, gas or powder designed to temporarily incapacitate shall not be required to complete a basic firearms safety course as a prerequisite for receiving such card. Persons lawfully possessing a firearm identification card or license to carry firearms on June 1, 1998 shall be exempt from the provisions of this section upon expiration of such card or license and when applying for licensure as required under this chapter. No application for the issuance of a firearm identification card or license to carry shall be accepted or processed by the licensing authority without such certificate attached thereto; provided, however, that the provisions of this section shall not apply to (i) any officer, agent or employee of the commonwealth or any state of the United States; (ii) any member of the military or other service of any state or of the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to carry or possess the weapon so carried or possessed and is acting within the scope of his duties.
(b) The colonel of state police shall promulgate rules and regulations governing the issuance and form of basic firearms safety certificates required by this section. Said colonel shall certify certain persons as firearms safety instructors and shall certify safety course curriculum. Such certification shall be for a period of ten years, unless sooner revoked by reason of unsuitability, in the discretion of said colonel. The department of state police may impose a fee of $50 for initial issuance of such certification to offset the cost of certifying instructors. The fee for certification renewal shall be $10. Firearms safety instructors shall be any person certified by a nationally recognized organization that fosters safety in firearms, or any other person in the discretion of said colonel, to be competent to give instruction in a basic firearms safety course. Applicants for certification as instructors under the provisions of this section shall not be exempt from the requirements of this chapter or any other law or regulation of the commonwealth or the United States. Upon application to the colonel of state police, said colonel may, in his discretion, certify as a firearms safety instructor any person who operates a firearms safety course or program which provides in its curriculum: (a) the safe use, handling and storage of firearms; (b) methods for securing and childproofing firearms; (c) the applicable laws relating to the possession, transportation and storage of firearms; and (d) knowledge of operation, potential dangers and basic competency in the ownership and usage of firearms.
(c) Any firearms safety instructor certified under the provisions of this section may, in his discretion, issue a basic firearms safety certificate to any person who successfully completes the requirements of a basic firearms safety course approved by the colonel. No firearms safety instructor shall issue or cause to be issued any basic firearms safety certificate to any person who fails to meet minimum requirements of the prescribed course of study including, but not limited to, demonstrated competency in the use of firearms. Instructors certified under the provisions of this section shall forward to the department of state police the names of those persons who have received basic firearms safety certificates. Local licensing authorities, as defined in section 121, shall, upon receipt of an application for a firearm identification card or a Class A or Class B license to carry firearms, make inquiry to the department of state police to confirm the issuance to the applicant of a basic firearms safety certificate.
(d) Any person applying for licensure under the provisions of this chapter who knowingly files or submits a basic firearms safety certificate to a licensing authority which contains false information shall be punished by a fine of not less that $1,000 nor more than $5,000 or by imprisonment for not more than two years in a house of correction, or by both such fine and imprisonment.
(e) Any firearms safety instructor who knowingly issues a basic firearms safety certificate to a person who has not successfully completed a firearms safety course approved by the colonel shall be punished by a fine of not less than $5,000 nor more than $10,000 or by imprisonment for not more than two years in a house of correction, or by both such fine and imprisonment.
Chapter 140: Section 132 to 136. Repealed, 1954, 672, Sec. 7 Chapter 140: Section 136A. Definitions Section 136A. The following words and phrases as used in sections one hundred and thirty-seven to one hundred and seventy-five, inclusive, unless the context otherwise requires, shall have the following meanings:“Adoption”, the delivery of a cat or dog to any person eighteen years of age or older for the purpose of harboring as a pet.
“Commissioner”, the commissioner of public health.
“Director”, the director of the division of accounts of the department of corporations and taxation.
“Dog fund”, the fees, fines and reimbursements collected in connection with the licensing of dogs and the enforcement of said sections.
“Dog officer”, any officer appointed under said sections to enforce the laws relating to dogs.
“Keeper”, any person, corporation or society, other than the owner, harboring or having in his possession any dog.
“Kennel”, one pack or collection of dogs on a single premises, whether maintained for breeding, boarding, sale, training, hunting or other purposes and including any shop where dogs are on sale, and also including every pack or collection of more than three dogs three months old or over owned or kept by a person on a single premises irrespective of the purpose for which they are maintained.
“License period”, the time between April first and the following March thirty-first, both dates inclusive.
“Live stock or fowls”, animals or fowls kept or propagated by the owner for food or as a means of livelihood; also deer, elk, cottontail rabbits and northern hares, pheasants, quail, partridge and other birds and quadrupeds determined by the department of fisheries, wildlife and environmental law enforcement to be wild and kept by, or under a permit from, said department in proper houses or suitable enclosed yards. Such phrase shall not include dogs, cats and other pets.
“Research institution”, any institution operated by the United States or by the commonwealth or a political subdivision thereof, or any school or college of medicine, public health, dentistry, pharmacy, veterinary medicine or agriculture, medical diagnostic laboratory or biological laboratory, hospital or other educational or scientific establishment within the commonwealth above the rank of secondary school, which, in connection with any of its activities, investigates or gives instruction concerning the structure or functions of living organisms or the causes, prevention, control or cure of diseases or abnormal conditions of human beings or animals.
“Shelter”, a public animal control facility, or any other facility which is operated by any organization or individual for the purpose of protecting animals from cruelty, neglect, or abuse.
Chapter 140: Section 137. Registration and licenses Section 137. A person who at the commencement of a license period is, or who during any license period becomes, the owner or keeper of a dog six months old or over which is not duly licensed, and the owner or keeper of a dog when it becomes six months old during a license period, shall cause it to be registered, numbered, described and licensed until the end of such license period, and the owner or keeper of a dog so registered, numbered, described and licensed during any license period, in order to own or keep such dog after the beginning of the succeeding license period, shall, before the beginning thereof, cause it to be registered, numbered, described and licensed for such period. The registering, numbering, describing and licensing of a dog, if kept in Boston shall be in the office of the police commissioner or if kept in any other town in the office of the clerk thereof.
No town clerk or, in Boston, the police commissioner, shall grant such license for any dog unless the owner thereof provides such town clerk or, in Boston, the police commissioner, either a veterinarian’s certification that such dog has been vaccinated in accordance with the provisions of section one hundred and forty-five B, or has been certified exempt from such provision as hereinafter provided, or a notarized letter from a veterinarian that a certification was issued or a metal rabies tag bearing an expiration date indicating that such certification is still in effect.
A dog licensing official may grant an exemption from the provisions of section one hundred and forty-five B for any dog which has not yet attained the age of six months, any dog which the local board of health, for a specified period of time, declared exempt upon presentation of a veterinarian’s certificate stating that because of an infirmity, other physical condition or regimen of therapy, that inoculation is thereby deemed inadvisable, or any dog in transit, or dog brought into the commonwealth, temporarily, for the sole purpose of showing in dog shows or exhibition.
The license shall be in a form prescribed by the director, upon a blank to be furnished, except in the county of Suffolk, by the county in which the town is located, and shall be subject to the condition expressed therein that the dog which is the subject of the license shall be controlled and restrained from killing, chasing or harassing live stock or fowls. The owner of any dog may add descriptive words, not over ten in number, upon the license form to indicate the color, breed, weight and special markings of the licensed dog. The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a form prescribed by the director, and upon which shall appear the license number, the name of the town issuing such license and the year of issue. Such tags shall be furnished in the same manner as the license blanks, and if any such tag shall be lost the owner or keeper of such dog shall forthwith secure a substitute tag from the town clerk or, in Boston, from the police commissioner, at a cost of ten cents which, if received by a town clerk, shall be retained by him unless otherwise provided by law. This section shall not apply where it is otherwise provided by law, nor shall it apply to a person having a kennel license.
Chapter 140: Section 137A. Kennel licenses Section 137A. Every person maintaining a kennel shall have a kennel license. Any owner or keeper of less than four dogs three months old or over who does not maintain a kennel may elect to secure a kennel license in lieu of licensing such dogs under section one hundred and thirty-seven, and during such time as he does not license such dogs thereunder shall have a kennel license and shall be subject to this section and to sections one hundred and thirty-seven B and one hundred and thirty-seven C and to so much of section one hundred and forty-one as relates to violations of this section, section one hundred and thirty-seven B or section one hundred and thirty-seven C to the same extent as though he were maintaining a kennel. Kennel licenses under this section shall be issued by the police commissioner of the city of Boston if the dogs are to be kept under such license in said city or by the clerk of any other town if to be so kept in said town.
Such license shall be in a form prescribed by the director, upon a blank to be furnished, except in the county of Suffolk, by the county in which the town is located. Such license shall be in lieu of any other license for any dog while kept at such kennel during any portion of the period for which such kennel license is issued. The holder of a license for a kennel shall cause each dog kept therein to wear, while it is at large, a collar or harness of leather or other suitable material, to which shall be securely attached a tag upon which shall appear the number of such kennel license, the name of the town issuing such license and the year of issue. Such tags shall be in a form prescribed by the director, and shall be furnished to such owner or keeper by the clerk of the town in which such kennel is licensed, or, if licensed in Boston, by the police commissioner, in quantities not less than the number of dogs kept in such kennel. The fee for each license for a kennel shall be ten dollars if not more than four dogs are kept in said kennel, twenty-five dollars if more than four but not more than ten dogs are kept therein and fifty dollars if more than ten dogs are kept therein; provided, that, for the purpose of determining the amount of such fee for any kennel, dogs under the age of six months shall not be counted in the number of dogs kept therein. The name and address of the owner of each dog kept in any kennel, if other than the person maintaining the kennel, shall be kept on file thereat and available to inspection by the county commissioners and by any dog officer, natural resource officer, deputy natural resource officer, fish and game warden or police officer.
The clerk of any town, or in Boston the police commissioner, shall upon application issue without charge a kennel license to any domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse and for the relief of suffering among animals.
Any holder of a license for a kennel in any town may remove his kennel to a location in any other town in the same county, with the written approval of such new location of the mayor or selectmen of the town to which he removes his kennel. Before such removal he shall deliver to the clerk of the town into which he intends to remove his kennel the written approval of the mayor or selectmen thereof and his original license, and the clerk shall thereupon, on payment of a fee of one dollar, issue to him a new license covering the new location for the balance of the period of the original license.
Chapter 140: Section 137B. Sale or other delivery of unlicensed dog by kennel licensee Section 137B. Every holder of a kennel license, on delivering an unlicensed dog to a purchaser or to any other person, shall attach to such dog a collar or harness which shall carry a tag marked with the name and address of such kennel licensee, and a number, which number shall be properly recorded on the records of such licensee, and shall also furnish to the person to whom the dog is delivered a certificate bearing the same number and a description of the dog. Such certificate shall bear the date of purchase, exchange or gift and, with the tag, shall, for a period of two weeks following such date, be a legal substitute for a license. The purchaser or other recipient of a dog shall, within two weeks of the purchase or receipt of such dog, either return the same to the licensee from whom it was received, together with the collar or harness, tag and certificate, or return to such licensee said tag, and a certificate signed by the clerk of the town where the dog is to be kept and certifying that the dog has been licensed in the name of such purchaser or recipient or of some other person. If any such purchaser or recipient fails to comply with the preceding sentence, such licensee shall notify the clerk of the town in which he is licensed of the purchase, exchange or gift of such dog and shall furnish to such clerk the date thereof, and the name and address of the purchaser or recipient.
Chapter 140: Section 137C. Inspection of kennels; revocation, suspension and reinstatement of license; nuisance Section 137C. The mayor of a city or selectmen of a town, or in Boston the police commissioner, or a chief of police or a dog officer within his jurisdiction, may at any time inspect or cause to be inspected any kennel and if, in their or his judgment, the same is not being maintained in a sanitary and humane manner, or if records are not properly kept as required by law, the county commissioners, or in Boston the police commissioner, shall by order revoke or suspend, and in case of suspension may reinstate, such license. Upon the petition of twenty-five citizens, filed with the mayor of a city or the selectmen of a town, or in Boston with the police commissioner, setting forth that they are aggrieved, or annoyed to an unreasonable extent, by one or more dogs at a kennel maintained in such city or town, because of the excessive barking or vicious disposition of said dogs or other conditions connected with such kennel constituting a public nuisance, said mayor, selectmen or police commissioner, as the case may be, within seven days after the filing of such petition, shall give notice to all parties in interest of a public hearing to be held within fourteen days after the date of such notice. Within seven days after such public hearing said mayor or selectmen, in Nantucket county or in Suffolk county elsewhere than in Boston, or in Boston said police commissioner, shall make an order either revoking or suspending such kennel license or otherwise regulating said kennel, or dismissing said petition. In counties other than Nantucket or Suffolk, said mayor or selectmen within said seven days shall report in writing to the county commissioners their recommendations and within seven days after receipt of such report said county commissioners shall investigate or cause to be investigated the subject matter of such petition and shall, by order, either affirm or deny such recommendations by suspending or revoking such kennel license or otherwise regulating such kennel, or by dismissing the petition. Written notice of any order under this section revoking, suspending or reinstating a license shall be mailed forthwith to the officer issuing such license and to the holder of such license. Within ten days after such order the holder of such license may bring a petition in the district court within the judicial district of which such kennel is maintained, addressed to the justice of the court, praying that the order may be reviewed by the court, and, after such notice to the officer or officers involved as the court may deem necessary, it shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. The decision of the court shall be final and conclusive upon the parties. Any person maintaining a kennel after the license therefor has been so revoked, or while such license is so suspended, shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 137D. Surrender of license or tag for offenses against animals Section 137D. Unless otherwise specifically provided by law, every license and tag issued under the provisions of sections one hundred and thirty-seven and one hundred and thirty-seven A, or under any ordinance or by-law relative to the licensing of dogs made under the authority of this chapter, held by any person found guilty of, or penalized in any manner for, a violation of any provision of sections seventy-seven, eighty A, ninety-four or ninety-five of chapter two hundred and seventy-two, shall be void, and shall immediately be surrendered to the authority issuing such license and tag.
The clerk of the court in whose jurisdiction such finding has been made shall notify the licensing authority in the city or town where the guilty person resides.
No person shall be given a license and tag under authority of section one hundred and thirty-seven and one hundred and thirty-seven A during a period of two years from the date of his being found guilty or penalized as aforesaid, and any such license and tag so issued shall be void and shall be surrendered on demand of any authority granting such license and tag. No fee received for a license and tag made void under this section shall be refunded to the holder thereof.
Chapter 140: Section 138. Change of owner or keeper of licensed dog; dog brought into commonwealth Section 138. A person who during any license period becomes the owner or keeper of a dog which is duly licensed in the town where it is to be kept shall forthwith give notice in writing to the clerk of such town, or if kept in Boston to the police commissioner, that he has become such owner or keeper and said clerk or police commissioner, as the case may be, shall change the record of such license to show the name and address of the new owner or keeper. Any person bringing or causing to be brought from another state or country any dog licensed under the laws thereof which is three months old or over or will be three months old before the expiration of thirty days therefrom shall, on or before the expiration of thirty days following the arrival of such dog within the commonwealth, cause such dog to be registered, numbered, described and licensed for the remainder of the then current license period.
Chapter 140: Section 138A. Importation of dogs and cats for commercial resale; health certificates; violations Section 138A. All dogs or cats brought or shipped into the commonwealth for commercial resale shall be inoculated against distemper not more than thirty nor less than seven days before entry and shall be accompanied by an official health certificate issued by an accredited veterinarian and a copy sent to the commissioner of agriculture. If such certificate is unavailable in the state of origin then a similar examination and certification shall be made within fourteen days of the arrival of the animal in the commonwealth.
An official health certificate shall mean a legible certificate or form issued by an accredited veterinarian and approved by the chief livestock official of the state or county of origin containing the names and addresses of the consignor and consignee, or in the case of examination after entry into the commonwealth the name of the consignee. The certificate or form shall also show age, sex, breed and description of each dog or cat and that the dogs are free from visual evidence of communicable disease such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and intestinal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, and intestinal parasites, distemper, feline panleukipenia, and feline respiratory infections and feline distemper.
Dogs or cats purchased within the commonwealth for resale by commercial establishments or pet shops shall be accompanied by a health certificate issued by an accredited veterinarian. The certificate shall show age, sex, breed, and description of each dog or cat and that the dogs are free from visual evidence of communicable diseases such as kennel cough, Infectious Tracheobronchitis, canine distemper, external and internal parasites, including coccidiosis, and that cats are free from external parasites, including ear mites, intestinal parasites, and feline respiratory infections and feline distemper.
No commercial establishment, pet shop, firm or corporation shall import into the commonwealth for sale or resale in the commonwealth any cat or dog less than eight weeks of age.
All dogs or cats imported for resale shall be held in isolation by the importer for a period of two days prior to offering for sale.
All dogs or cats sold in the state by a commercial establishment, pet shop, firm or corporation shall be accompanied by a health record indicating dates and types of vaccine administered.
Whoever is convicted of a violation of any of these sections may be punished by a fine of not less than fifty nor more than one hundred dollars for each such offense. In addition thereto or in lieu thereof, the commissioner of agriculture may, after notice and hearing, revoke or suspend a pet shop, kennel, and boarding kennel license providing any person, firm or corporation maintaining such pet shop, kennel and boarding kennel violates any of these regulations.
Any person, firm or corporation aggrieved by an order under this section may, by petition, appeal within thirty days to the superior court where said person resides, or where the firm or corporation is located. Such person shall, in substance, state the findings by the commissioner and the grounds of appeal and said court shall consider said proceedings de novo and the parties thereto shall have right of exception and appeal.
Nothing in this act shall be construed to prohibit the temporary importation of dogs for racing or field trials or the temporary importation of dogs or cats for show purposes, nor shall it prohibit the importation of dogs and cats as pets by individual owners.
Chapter 140: Section 139. Fees; certificate or statement that dog has been spayed; dogs serving blind persons; dogs owned by persons aged 70 or over; dogs serving deaf persons; refunds Section 139. The fee for every license shall, except as otherwise provided, be three dollars for a male dog and six dollars for a female dog, unless a certificate of a registered veterinarian who performed the operation that said female dog has been spayed and has thereby been deprived of the power of propagation has been shown to the town clerk, in which case the fee shall be three dollars. If the town clerk is satisfied that the certificate of the veterinarian who spayed the dog cannot be obtained, he may accept in lieu thereof a statement signed under the penalties of perjury by a veterinarian registered and practicing in the commonwealth, describing the dog and stating that he has examined such dog and that it appears to have been, and in his opinion has been, spayed and thereby deprived of the power of propagation or a receipt of a bill from the veterinarian who performed the operation that spayed such female dog. No fee shall be charged for a license for a dog specially trained to lead or serve a blind person; provided, that the Massachusetts commission for the blind certifies that such dog is so trained and actually in the service of a blind person. No fee shall be charged for a license for a dog owned by a person aged 70 years or over in any city or town that accepts this provision. No fee shall be charged for a license for a dog professionally trained in the hearing dog business to serve a deaf person; provided, that the director of the office of deafness certifies that such dog is so trained and actually in the service of the deaf person. The office on disability shall adopt rules and regulations for the licensing of service dogs and no fee shall be charged for a license for a dog recognized as a service dog. No license fee or part thereof shall be refunded because of the subsequent death, loss, spaying, or removal from the commonwealth or other disposal, of the dog, nor shall any license fee or part thereof paid by mistake be paid or recovered back after it has been paid over to the county under section one hundred and forty-seven.
Chapter 140: Section 139A. Shelters; sale or gift of dog or cat not spayed or neutered Section 139A. No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a deposit of not less than ten nor more than thirty dollars for spaying or neutering such dog or cat has been tendered to the shelter. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian.
Any dog or cat six months of age or older at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days, or the deposit shall be deemed unclaimed. Any dog or cat under six months of age at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days after reaching six months of age, or the deposit shall be deemed unclaimed.
Any deposit not claimed under this section shall be used only for the following purposes:(1) a public education program to prevent overpopulation of dogs or cats;(2) a program to spay or neuter dogs or cats;(3) a follow up program to assure that animals sold or given away by the shelter are spayed or neutered; or(4) costs incurred under this section.
A shelter may enter into a cooperative agreement with another shelter and with a veterinarian in carrying out the provisions of this section.
Chapter 140: Section 14. Sale of guest’s property; notice Section 14. An innholder, after retaining for six months from the time of departure of a guest from his inn any trunks, bags, valises, parcels, clothing, goods or other personal property of a guest which has been abandoned by such guest, or which such innholder retains by virtue of his lien thereon for the unpaid board, lodging and other charges of such guest, may sell the same by public auction upon the premises of the inn, notice of the time and place of sale first being posted in a conspicuous place in the office of the inn for four weeks prior to the date of such sale, and published once in each of three successive weeks in a newspaper, if any, published in the town where the inn is situated; otherwise, in a newspaper published in the county where the inn is situated, the first publication of such notice to be not less than twenty-one days before the day of sale. A copy of such notice shall be sent by registered mail addressed to said guest at the residence given by him in the register of such inn. Such notice shall contain a descriptive list of all such property and of all such specific marks as may serve to identify such property, and the name of the guest so far as known to such innholder.
Chapter 140: Section 140. Repealed, 1934, 320, Sec. 6 Chapter 140: Section 141. Violation of statutes Section 141. Whoever violates any provision of sections one hundred and thirty-seven, one hundred and thirty-seven A, one hundred and thirty-seven B, or one hundred and thirty-eight shall forfeit not less than twenty-five dollars, which shall be paid, if the dog was kept in any town in Suffolk county, to the treasurer of the town, or, if kept in any other county, to the treasurer thereof. If the dog as to which such violation occurs was unlicensed at the time of such violation, the court shall impose the forfeiture provided herein.
Chapter 140: Section 141A. Application of law; exception Section 141A. Sections one hundred and thirty-seven to one hundred and forty-one, inclusive, shall not apply to any institution licensed under the provisions of chapter forty-nine A.
Chapter 140: Section 141B. Application of law; licensed pet shops exempted Section 141B. Sections one hundred and thirty-seven to one hundred and forty-one, inclusive, shall not apply to any pet shop the owner of which is licensed under the provisions of section thirty-nine A of chapter one hundred and twenty-nine.
Chapter 140: Section 142 to 144. Repealed, 1934, 320, Sec. 8 Chapter 140: Section 145. Symptoms of rabies printed on license; description supplied by department of health Section 145. Every license issued to the owner of a dog shall have a description of the symptoms of rabies printed thereon. Such description shall be supplied by the department of public health to the director of accounts upon application therefor.
Chapter 140: Section 145A. Anti-rabic vaccine and treatment; reimbursement for cost Section 145A. The board of health of a city or town shall, upon application, furnish free of charge to any uninsured resident thereof who has been exposed to rabies, or may have been so exposed, anti-rabic vaccine and anti-rabic treatment, in accordance with rules and regulations which the department of public health is hereby authorized to make. Except in Boston, such person shall have the right to select his own physician, who shall be paid by the city or town at a rate established as hereinafter provided, and the fact that a physician is a member of a board of health shall not disqualify him from being so selected and from being paid by the city or town for his services. Boards of health shall establish rates of compensation for such treatment. A city or town so furnishing vaccine and treatment shall be reimbursed for the cost thereof, not exceeding fifty dollars in the case of any one person, from the dog fund of the county in which is situated the city or town where the person treated was exposed to rabies, except that if such exposure occurred in Suffolk county such reimbursement shall be made by the city or town where such person was exposed to rabies, and except that if such vaccine and treatment are given by the board of health of a city or town because of a bite by or other exposure to rabies from a dog required to be licensed therein, the city or town shall not be so reimbursed, unless such dog is licensed at the time of such bite or other exposure. No such reimbursement shall include any part of the salary of a salaried city or town physician. The county commissioners of all counties except Suffolk, acting jointly, or the county commissioners of each county, except Suffolk, shall contract for the supplying of such vaccine to the several cities and towns on the order of their respective boards of health, and shall, from time to time, notify said boards of the terms and conditions of contracts made hereunder. No city or town for which a supply of such vaccine is provided by a contract as aforesaid shall be reimbursed hereunder for any such vaccine not purchased under such contract.
Chapter 140: Section 145B. Vaccination against rabies; certificate; tag; proof of vaccination; penalty Section 145B. Whoever is the owner or keeper of a dog or cat in the commonwealth six months of age or older shall cause such dog or cat to be vaccinated against rabies by a licensed veterinarian using a licensed vaccine according to the manufacturer’s directions, and shall cause such dog or cat to be revaccinated at intervals recommended by the manufacturer. Unvaccinated dogs and cats acquired or moved into the commonwealth shall be vaccinated within ninety days after the acquisition or arrival into the commonwealth or upon reaching the age of six months, whichever last occurs. It shall be the duty of each veterinarian, at the time of vaccinating any dog or cat, to complete a certificate of rabies vaccination which shall include, but not be limited to the following information: the owner’s name and address; a description of the animal, including breed, sex, age, name and distinctive markings; the date of vaccination; the rabies vaccination tag number; the type of rabies vaccine used; the route of vaccination; the expiration date of the vaccine; and the vaccine lot number.
The veterinarian shall issue a tag with each certificate of vaccination. The tag shall be secured by the owner or keeper of such dog or cat to a collar or harness made of suitable material to be worn by the dog or cat; provided, however, that the owner of a cat may choose not to affix a tag to his cat, but shall have the tag available for inspection by authorized persons. In the event that a tag is lost, the owner or keeper of the animal shall, upon presentation of the original vaccination certificate, be issued a new tag.
In order for a dog or cat to be accepted at an animal hospital, veterinarian’s office or boarding facility an owner or keeper of such animal shall show proof of current vaccination against rabies; provided however, that if a dog or cat has not been so vaccinated or such owner or keeper fails to show such proof the animal shall be vaccinated against rabies prior to being discharged if the animal’s medical condition permits.
The provisions of this section shall not apply to dogs or cats housed in a research institution.
Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 146. License valid throughout state; removal of dog into another town Section 146. A license duly recorded shall be valid throughout the commonwealth, except that, in the case of the permanent removal of a dog into another town within the commonwealth, the owner or keeper thereof shall, within thirty days after such removal, present the original license and tag of such dog to the clerk of the town to which such dog has been removed, and such clerk shall take up the same and issue to said owner or keeper a transfer license, together with a tag, for such dog upon payment of twenty-five cents which shall be retained by the clerk unless otherwise provided by law. The provisions of section one hundred and thirty-seven relative to the form and furnishing of licenses and tags shall apply to licenses and tags issued under this section.
Chapter 140: Section 147. Issuance of licenses; disposition of fees; return of license books and tags to county; penalties; action on official bond Section 147. The police commissioner of Boston and the clerks of other cities and of towns shall issue said licenses and tags, receive the money thereof and pay it into the treasuries of their respective cities and towns on the first Monday of each month or more often, retaining, except in Boston, for their own use seventy-five cents for each license unless otherwise provided by law, and shall certify under penalties of perjury to the amounts of money thus received and paid over by them. The city and town treasurers shall pay into the treasuries of their respective counties, except in Suffolk county, on or before June first and December first of each year, the amounts received by them on account of such licenses and not previously paid over and shall certify under penalties of perjury to the amounts of money thus received and paid over by them; provided, however, that in Worcester county payment into the treasury shall be made on or before the last day of each month. All such licenses shall bear date of issue and no other. The police commissioner of Boston and each such city or town clerk shall make a record, in books kept therefor and to be furnished, except in the county of Suffolk, by the county in which such city or town is located, of each license issued by him, of the name of the owner or keeper of each dog licensed, and of the name, registered number and description of each such dog, and such books shall be open to public inspection during the usual office hours of such police commissioner or city or town clerk. All blanks for such licenses and tags and all such record books shall be paid for out of the dog fund. Each city or town clerk, except in Suffolk county, shall, within thirty days next succeeding April first in each year return to the county all license books and tags furnished for the preceding license year, including all stubs and void licenses and unused license blanks and all licenses and tags taken up in accordance with section one hundred and forty-six. The said police commissioner and any city or town clerk or city or town treasurer violating any provision of this section shall be punished by a fine of not less than fifty nor more than five hundred dollars or by imprisonment for not less than one month nor more than one year, or both. If such a city or town clerk neglects or fails to pay such money into the city or town treasury as required by this section, the city or town may recover the amount thereof for the benefit of the county, with all damages sustained through such neglect or failure, and interest, in an action on the official bond required, in the case of a city clerk, by section thirteen A of chapter forty-one and, in the case of a town clerk, by section thirteen of said chapter forty-one. All payments required hereunder shall be subject to the provisions of section fifty-two of said chapter forty-one.
Chapter 140: Section 147A. By-laws and ordinances relative to regulation of dogs Section 147A. Any city or town which accepts the provisions of this section is hereby empowered to enact by-laws and ordinances relative to the regulation of dogs. Except as hereinafter provided in clauses (a), (b) and (c), and notwithstanding any contrary provision of sections one hundred and thirty-seven to one hundred and seventy-four D, inclusive, relating to the regulation of dogs or any special law relating to the regulation of dogs, such by-laws and ordinances may relate to, but not be limited to dog licensing, establishing dog fees, disposition of fees, appointment of dog officers, kennel licensing and regulations, procedures for the investigation of and reimbursement for damage caused by dogs, restraining of dogs and establishing penalties for a breach thereof. No such by-law or ordinance shall be inconsistent with the provisions of this chapter relating to (a) the turning over or sale of animals to any business or institution licensed or registered as a research facility or animal dealer, as provided in section one hundred and fifty-one; (b) the minimum confinement period of dogs as provided in section one hundred and fifty-one A; and (c) the methods of execution, as provided in said section one hundred and fifty-one A.
In any city or town which accepts this section, all money received from licenses or recovered as fines under any by-law or ordinance enacted pursuant to the provisions of this section, shall be paid into the treasury of said town or city and shall not thereafter be paid over by the town or city treasurer to the county in which said town or city is located.
Any and all functions relating to the regulation of dogs pursuant to section one hundred and thirty-seven to one hundred and seventy-four D, inclusive, which would otherwise be performed by the county, by the county commissioner or otherwise, shall not be performed by the county on behalf of any city or town which is not a member of the county dog fund.
Any and all costs which would otherwise be paid out of the county dog fund shall not be paid by the county to any city or town which is not a member of the county dog fund, or to any city or town which accepts this section and such cities and towns shall thereupon be responsible for all costs and expenses relating to the regulation of dogs.
Chapter 140: Section 147B. Counties; rules and regulations relating to dogs; limitations Section 147B. Any county which by a two-thirds vote of the county commissioners and with advisory board approval accepts the provisions of this section is hereby authorized to establish rules and regulations relative to the regulation of dogs; provided, however, that such rules and regulations shall not have effect in a city or town which accepts the provisions of section one hundred and forty-seven A. Except as hereinafter provided in clauses (a), (b) and (c), and notwithstanding any contrary provision of sections one hundred and thirty-seven to one hundred and seventy-four D, inclusive, relating to the regulation of dogs, such rules and regulations may relate to, but not be limited to, dog licensing, establishing dog fees, disposition of fees, appointment of dog officers, kennel licensing and regulations, procedures for the investigation of and reimbursement for damage caused by dogs, restraining of dogs and establishing penalties for a breach hereof. No such rule or regulation shall be inconsistent with the provisions of this chapter relating to (a) the turning over or sale of animals to any business or institution licensed or registered as a research facility or animal dealer, as provided in section one hundred and fifty-one; (b) the minimum confinement period of dogs as provided in section one hundred and fifty-one A; (c) the methods of execution, as provided in said section one hundred and fifty-one A; (d) emergency care, treatment or disposal of injured dogs or cats, as provided in section one hundred and fifty-one B.
Chapter 140: Section 148. Repealed, 1932, 289, Sec. 6 Chapter 140: Section 149. Accounts of treasurers Section 149. Each county, city and town treasurer, except in Suffolk county, shall keep an accurate and separate account of all money received and expended by him under the provisions of this chapter relating to dogs.
Chapter 140: Section 15. Disposition of proceeds Section 15. The proceeds of such sale, after deducting reasonable charges and expenses incurred in the storage and sale of such property, shall be applied to the discharge of the lien of such innholder thereon for the board, lodging and other charges of such guest, and any proceeds remaining thereafter shall be paid to the commonwealth.
Chapter 140: Section 150. Lists of dogs; refusal to answer person listing dogs; false answers Section 150. Persons authorized or directed by section four of chapter fifty-one or by any special law to make lists of residents three years of age or older shall make a list of all dogs owned by the inhabitants at the time of making lists required under such section and return the same in duplicate to the city or town clerk, or, in Boston, to the police commissioner on or before April first. An owner or keeper of a dog who refuses to answer or answers falsely to persons directed or authorized to make a list of the owners of dogs shall be punished by a fine of not less than ten dollars which, except in Suffolk county, shall be paid into the county treasury.
Chapter 140: Section 151. Dog officers; reimbursement of cities and towns for services; contracts with corporation to perform duties of officers; turning over or sale of animals; penalty Section 151. The mayor of each city and the board of selectmen of each town shall annually on May first designate one or more dog officers, who may be police officers or constables and who, except as herein provided, shall hold office for one year or until their successors are qualified. The mayor or board of selectmen shall forthwith submit to the county commissioners the names and address of such officers. Except as hereinafter otherwise provided, if any city or town shall fail to make such appointment, the county commissioners shall on June first thereafter appoint a dog officer for such city or town. Any dog officer who fails to comply with the terms of his warrant shall forthwith be removed from office by the mayor or board of selectmen, and notice of such removal shall forthwith be given to the county commissioners. Dog officers, other than those employed under regular pay, shall receive from the treasurers of their respective cities and towns two dollars for each dog killed, as provided in section one hundred and fifty-one A, in full compensation for their services; provided, however, that any dog officer shall, prior to engaging in execution of animals, have completed under the supervision of a veterinarian registered under the provisions of section fifty-five or fifty-six C of chapter one hundred and twelve a course of instruction in humane techniques for the execution of animals. Each dog officer before disposing of any dog in his possession shall check its description against the descriptions issued on dogs licensed within his city or town. Bills for such services shall be approved by the mayor of the city or the board of selectmen of the town in which said dogs are kept or killed, and in Suffolk county shall be paid out of the dog fund. Cities and towns in counties other than Suffolk shall be reimbursed by the treasurers of their respective counties from the dog fund. Each dog officer appointed under this section shall also attend to all complaints or other matters pertaining to dogs in their respective towns, in addition to the duties imposed upon him by his warrant, and shall be paid for such services by the town treasurer upon bills approved by the mayor or by the board of selectmen. The mayor of any city or the board of selectmen of any town may, instead of appointing dog officers as hereinbefore provided, enter into a contract with a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse, to perform the duties required of dog officers, which contract shall, except in Suffolk county, be subject to the approval of the county commissioners. In any such case the payments to such corporation under the terms of the contract shall be in full for all services rendered by it in such capacity. Whenever in the opinion of the county commissioners the co-operation of the local dog officer with a county dog officer is necessary for the proper enforcement of sections one hundred and thirty-seven to one hundred and seventy-five, inclusive, they may require such co-operation.
No dog officer shall be a licensed animal dealer registered with the United States Department of Agriculture, and no dog officer, either privately or in the course of carrying out his official assignments as an agent for his municipality, shall give, sell, or turn over any animal which may come into his custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. No municipality shall give, sell, or turn over any animal which may come into its custody to any business or institution licensed or registered as a research facility or animal dealer with the United States Department of Agriculture. Whoever violates the provisions of this paragraph shall be punished by a fine of not less than fifty nor more than two hundred dollars.
Chapter 140: Section 151A. Issuance of warrant to officers; duties; confinement of dogs; allowance for care Section 151A. In the several cities and towns of the several counties, except Suffolk county, the mayor or board of selectmen shall annually within ten days after June first issue a warrant to such dog officer or officers directing him or them to seek out, catch and confine all dogs within the city or town which then have not been licensed, collared or harnessed, and tagged, as required by this chapter, and to enter and prosecute a complaint for failure to comply with the provisions of this chapter against the owners or keepers thereof, if known, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death each such dog which after being detained by or for him for a period of ten days shall not then have been licensed, collared or harnessed, and tagged; provided, that at the end of ten days such dog officer may make available for adoption any male or any spayed female dog not found to be diseased, for a sum not less than three dollars and shall keep an account of all moneys received by him for such adoption and shall forthwith pay over such sums to the town treasurer who shall forward all such money to the county treasurer in the same manner as dog license money as provided in section one hundred and forty-seven. Before delivery of any dog so adopted such dog officer shall require the purchaser to show identification and to procure a license and tag for such dog from the clerk of the town where the dog is to be kept. Dogs confined under authority of this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. The county commissioners from time to time shall cause all such places to be inspected and shall make necessary orders in relation thereto. A dog officer having custody of a confined dog shall be allowed the sum of three dollars per day for the care of such dog, payable by the owner or keeper thereof, if known, otherwise from the dog fund.
Every dog officer shall make, keep, and maintain systems of records or forms which fully and correctly disclose the following information concerning each animal in his custody:The date and location of each apprehension; a description of each animal; place of confinement; if tagged, the name and address of owners of such animal; name and address of new owner including the date of sale or transfer of such animal; and, if animal is destroyed, the dog officer shall record the method and date of destruction and the name of the person who executed such animal. Every dog officer shall forward a copy of said record to the town or city clerk as soon as possible. Copies of such record shall, for a period of two years, be kept in the offices of the county dog office and the city or town clerk where such dog officer is employed.
In the cities and towns of Suffolk county, the mayor or board of selectmen shall annually within seven days after June first issue a warrant to such dog officer or officers directing him to seek out, catch and confine all dogs within the city or town which then have not been licensed, collared or harnessed, and tagged, as required by this chapter, and to enter and prosecute a complaint for failure to comply with the provisions of this chapter against the owners or keepers thereof, if known, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have curariform-like action, electrocution or any other method which causes an unnecessarily cruel death each such dog which after being detained by or for him for a period of seven days shall not then have been licensed, collared or harnessed, and tagged; provided, that at the end of seven days such dog officer may make available for adoption any male or any spayed female dog not found to be diseased, for a sum not less than three dollars and shall keep an account of all moneys received by him for such adoption and shall forthwith pay over such sums to the town treasurer who shall forward all such money to the county treasurer in the same manner as dog license money as provided in section one hundred and forty-seven. Before delivery of any dog so adopted such dog officer shall require the purchaser to procure a license and tag for such dog from the clerk of the town where the dog is kept. Dogs confined under authority of this section shall be confined in a place suitable for the detention and care of dogs and kept in a sanitary condition, or they may be placed in the care of the holder of a kennel license or of a domestic charitable corporation incorporated exclusively for the purpose of protecting animals from cruelty, neglect or abuse. The county commissioners from time to time shall cause all such places to be inspected and shall make necessary orders in relation thereto. A dog officer having custody of a confined dog shall be allowed the sum of three dollars per day for the care of such dog, payable by the owner or keeper thereof, if known, otherwise from the dog fund.
Chapter 140: Section 151B. Emergency treatment of dogs or cats injured on ways; payment to veterinarians Section 151B. Any veterinarian registered under the provisions of section fifty-five or fifty-six A of chapter one hundred and twelve who renders emergency care or treatment to, or disposes of, a dog or cat that is injured on any way, shall receive payment from the owner of such dog or cat, if known, or if not known, from the dog fund of the county in which the injury occurred, in an amount not to exceed twenty dollars for such care, treatment or disposal; provided, however, such emergency care, treatment or disposal shall be for the purpose of maintaining life, stabilizing the animal or alleviating suffering until the owner or keeper of such dog or cat is identified or for a period of twenty-four hours, whichever is sooner. Any veterinarian who renders such emergency care or treatment to, or disposes of, such dog or cat shall notify the dog officer in the city or town and, upon notification, such dog officer shall assume control of such dog or cat.
Chapter 140: Section 152. Returns by officers Section 152. Each police officer, constable or dog officer to whom such warrant is issued shall make returns, on or before October first, on or before January first, and on or before April first, in each year, and at the expiration of his term of office, to the mayor or chairman of the board of selectmen issuing the same, and shall state in said returns the number of dogs which he has caught, confined or killed, or made available for adoption, the names of the owners or keepers thereof and whether all unlicensed dogs in his town have been caught, confined or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of this chapter relating to dogs, and whether complaints have been entered against all of the persons who have failed to comply therewith since the previous report.
Chapter 140: Section 153. Form of warrant to officers Section 153. In the several cities and towns of the several counties, except Suffolk county, such warrant may be in the following form:—COMMONWEALTH OF MASSACHUSETTS(Seal)To , ss.
To , constable of the city (or town) ofIn the name of the commonwealth of Massachusetts, you are hereby required to proceed forthwith to seek out, catch and confine all dogs within said city (or town) not duly licensed, collared or harnessed, and tagged, according to the provisions of chapter one hundred and forty of the General Laws, and you are further required to make and enter complaint against the owner or keeper of every such dog, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have a curariform-like action, electrocution, or any other method which causes an unnecessarily cruel death each dog which after being detained for a period of ten days, shall not then have been duly licensed, collared or harnessed, and tagged, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than three dollars, and you shall keep an account of any such adoption and forthwith pay over the money to the town treasurer. Before delivery of any dog so adopted you shall require the purchaser to show identification and to register and procure a license and tag for such dog from the town clerk of the town where the dog is to be kept, in accordance with the provisions of section one hundred and thirty-seven of said chapter one hundred and forty of the General Laws.
Hereof fail not, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the name of the owners or keepers thereof, and whether all unlicensed dogs in said city (or town) have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said chapter one hundred and forty, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said chapter one hundred and forty.
Given under my hand and seal at ___ aforesaid the ___ day of ___ in the year nineteen hundred and ___Mayor of (or Chairman of the Selectmen of)In the cities and towns of Suffolk county such warrant may be in the following form:COMMONWEALTH OF MASSACHUSETTS(Seal)To , ss.
To , constable of the city (or town) ofIn the name of the commonwealth of Massachusetts, you are hereby required to proceed forthwith to seek out, catch and confine all dogs within said city (or town) not duly licensed, collared or harnessed, and tagged, according to the provisions of chapter one hundred and forty of the General Laws, and you are further required to make and enter complaint against the owner or keeper of every such dog, and to kill or cause to be killed by methods of execution other than gunshot except in case of emergency, T-61, so-called, an euthanasia solution not under the control of the federal Drug Enforcement Administration, unless by a veterinarian, succinylcholine cholide, any drugs that have a curariform-like action, electrocution, or any other method which causes an unnecessarily cruel death each such dog which, after being detained for a period of seven days, shall not then have been duly licensed, collared or harnessed, except that any male or any spayed female dog not found to be diseased may be made available for adoption for not less than three dollars, and you shall keep an account of any such sale and forthwith pay over the money to the town treasurer. Before delivery of any dog so adopted you shall require the purchaser to show identification and to register and procure a license and tag for such dog from the town clerk of the town where the dog is to be kept, in accordance with the provisions of section one hundred and thirty-seven of said chapter one hundred and forty of the General Laws.
Hereof fail not, and make due return of this warrant with your doings therein, on or before the first day of October next, on or before the first day of January next, and on or before the first day of April next, and at the expiration of your term of office, stating the number of dogs caught, confined and/or killed, or adopted, and the names of the owners or keepers thereof, and whether all unlicensed dogs in said city (or town) have been caught, confined and/or killed, or adopted, and the names of persons against whom complaints have been made under the provisions of said chapter one hundred and forty, and whether complaints have been made and entered against all the persons who have failed to comply with the provisions of said chapter one hundred and forty.
Given under my hand and seal at ___ aforesaid the ___ day of ___ in the year nineteen hundred and ___Mayor of (or Chairman of the Selectmen of) Chapter 140: Section 154. Repealed, 1934, 320, Sec. 17 Chapter 140: Section 155. Liability for damage caused by dog; minors; presumption and burden of proof Section 155. If any dog shall do any damage to either the body or property of any person, the owner or keeper, or if the owner or keeper be a minor, the parent or guardian of such minor, shall be liable for such damage, unless such damage shall have been occasioned to the body or property of a person who, at the time such damage was sustained, was committing a trespass or other tort, or was teasing, tormenting or abusing such dog. If a minor, on whose behalf an action under this section is brought, is under seven years of age at the time the damage was done, it shall be presumed that such minor was not committing a trespass or other tort, or teasing, tormenting or abusing such dog, and the burden of proof thereof shall be upon the defendant in such action.
Chapter 140: Section 155A. Indemnification of law enforcement officers; damages caused by dogs used in performance of official duties Section 155A. If an action is brought against a law enforcement officer because of damage caused by a dog which said officer was caring for or maintaining in connection with his official duties, the commonwealth or the political subdivision employing said officer shall indemnify him for expenses or damages incurred in the settlement or defense of such action; provided that in the case of an officer employed by the commonwealth the settlement or defense of such case shall have been made by the attorney general, and that in the case of an officer employed by a city or town such settlement or defense shall have been made by the city solicitor or town counsel or by an attorney legally employed for the purpose by a city or town.
Chapter 140: Section 156. Killing dogs under certain conditions; wounded dogs Section 156. Any person may kill a dog which suddenly assaults him while he is peaceably standing, walking or riding outside the enclosure of its owner or keeper; and any person may kill a dog found out of the enclosure of its owner or keeper and not under his immediate care in the act of worrying, wounding or killing persons, live stock or fowls, and if any person shall kill or attempt to kill a dog so found, and in the act of worrying, wounding or killing persons, live stock or fowls, he shall not be held liable for cruelty to the dog unless it shall be shown that he intended to be cruel to the dog, or that he acted with a wanton and reckless disregard for the suffering of the dog. Prompt killing of a wounded dog, or a prompt report to the owner or to a dog officer of the wounding of the dog, shall be considered evidence of sufficient regard for the suffering of the dog.
Chapter 140: Section 157. Vicious dogs; nuisance; barking or other disturbance; annoyance to sick person; attacks on other dogs Section 157. If any person shall make complaint in writing to the selectmen of a town, the officer in charge of the animal commission or person charged with the responsibility of handling dog complaints of a city, or the county commissioners, that any dog owned or harbored within his or their jurisdiction is a nuisance by reason of vicious disposition or excessive barking or other disturbance, or that any such dog by such barking or other disturbance is a source of annoyance to any sick person residing in the vicinity such selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints or county commissioners shall investigate or cause to be investigated such complaint, including an examination on oath of the complainant, and may make such order concerning the restraint or disposal of such dog as may be deemed necessary. Within ten days after such order the owner or keeper of such dog may bring a petition in the district court within the judicial district of which the dog is owned or kept, addressed to the justice of the court, praying that the order may be reviewed by the court, or magistrate thereof, and after such notice to the officer or officers involved as the magistrate deem necessary the magistrate shall review such action, hear the witnesses and affirm such order unless it shall appear that it was made without proper cause or in bad faith, in which case such order shall be reversed. Any party shall have the right to request a de novo hearing on the petition before a justice of the court. The decision of the court shall be final and conclusive upon the parties. Any person owning or harboring such dog who shall fail to comply with any order of the selectmen, officer in charge of the animal commission or person charged with the responsibility of handling dog complaints, county commissioners or district court, as the case may be shall be punished by a fine of not more than twenty-five dollars for the first offense and not more than one hundred dollars for a second or subsequent offense, or by imprisonment for not more than thirty days, for the first offense and not more than sixty days for a second or subsequent offense, or both.
The act of a dog in attacking or biting another dog or other animal may be made the subject of a complaint under the provisions of this section.
Magistrates shall exercise their authority hereunder subject to the limitations of section sixty-two C of chapter two hundred and twenty-one.
Chapter 140: Section 158. Killing unrestrained dogs or dogs in wild state Section 158. Any police officer, constable or dog officer shall kill a dog which the selectmen of a town, chief of police of a city, or the county commissioners, or, upon review, the district court, shall have ordered to be restrained if such dog is again found outside the enclosure of its owner or keeper and not under his immediate care, and may kill a dog which is living in a wild state.
Chapter 140: Section 159. Treble damages for injuries caused by dogs ordered to be restrained Section 159. If a dog which the selectmen of a town, chief of police of a city or the county commissioners, or, upon review, a district court, shall have ordered to be restrained shall wound any person, or shall worry, wound or kill any live stock or fowls, the owner or keeper of such dog shall be liable in tort to the person injured thereby in treble the amount of damages sustained by him.
Chapter 140: Section 16. Sale proceeds; payment to owner by state treasurer Section 16. If, within three years after such sale, the owner of any such property claims it and proves his ownership thereof, the said proceeds, after deducting all reasonable charges and expenses, shall be paid over to him by the state treasurer.
Chapter 140: Section 160. Killing dogs which have worried or killed stock or fowl; bond Section 160. The county commissioners of any county, the mayor of any city, the selectmen of any town, or their agents thereto authorized in writing, may, after written notice to the owner or keeper, enter upon the premises of the owner or keeper of any dog known to them to have worried or killed live stock or fowls, and then and there kill such dog, unless such owner or keeper whose premises are thus entered for the said purpose shall give a bond in the sum of two hundred dollars, with sufficient sureties, approved by the county commissioners, conditioned that the dog shall be restrained for twelve months next ensuing. And if the owner or keeper of the dog declares his intention to give such a bond, said selectmen, chief of police or county commissioners, as the case may be, or his or their agents, shall allow him seven days, exclusive of Sundays and holidays, in which to procure and prepare the same and to present it to them, or to file it with the clerk of the town where the said owner or keeper resides.
Chapter 140: Section 161. Damages caused by dogs and paid by county; compensation for appraisers Section 161. Whoever suffers loss by the worrying, maiming or killing of his live stock or fowls by dogs, outside the premises of the owners or keepers of such dogs, may, if the damage is done in a city, inform the officer of police of the city who shall be designated to receive such information by the authority appointing the police, and, if the damage is done in a town, may inform the chairman of the selectmen of the town, or, if he is absent or ill, any one of the selectmen, who shall proceed to the premises where the damage was done and determine whether the same was inflicted by dogs, and if so, appraise the amount thereof if it does not exceed fifty dollars. If in the opinion of said officer of police, chairman or selectman, the amount of said damage exceeds fifty dollars, the damage shall be appraised, on oath, by three persons, of whom one shall be such officer of police, chairman or selectman, one shall be appointed by the person alleged to be damaged, and the third shall be appointed by the other two. The said appraisers shall consider and include in such damages the labor and time necessarily expended in the finding and collecting of the live stock or fowls injured or separated and the value of those lost or otherwise damaged by dogs. The said officer of police, chairman or selectman shall return a certificate of the damages found, except in Suffolk county, to the treasurer of the county where the damage was done, within ten days after such appraisal is made. The treasurer shall thereupon submit the same to the county commissioners, who within thirty days shall examine all bills for damages, and may upon their own motion or upon request of an interested party shall summon the appraisers and all parties interested and make such investigation as they may think proper, and shall issue an order upon the treasurer of the county for such amounts, if any, as they decide to be just and shall notify all interested parties of their decision. The treasurer, except in Suffolk county, shall pay all orders drawn upon him in full, for the above purpose, and for the expenses of appraisal out of any money in the county treasury, and payments made therefor shall be charged to the dog fund. The appraisers shall receive from the county three dollars each for every such examination made by them, and also twenty cents a mile one way for their necessary travel.
Chapter 140: Section 161A. Damages caused by dogs not reimbursable; amount of awards Section 161A. No owner of live stock or fowls shall be reimbursed for damages inflicted by his own dog or dogs, nor shall he be reimbursed for any damage by any dog if, at the time such damage was inflicted, he was himself the owner or keeper of an unlicensed dog of the age of three months or older. No reimbursement shall be made on account of damages by a dog to deer, elk, cottontail rabbits, northern hares, pheasants, quail, partridge and other live stock or fowls determined by the department of fisheries, wildlife and environmental law enforcement to be wild unless they are kept by, or under permit from, said department, nor unless they shall be kept in proper houses or in suitable enclosed yards. No reimbursement shall be made for damage by a dog to dogs, cats and other pets. Awards shall in no case exceed the fair cash market value of such live stock or fowls.
Chapter 140: Section 162. Reward for killing dog or for evidence determining owner Section 162. The aldermen or selectmen may offer a reward of not more than twenty-five dollars for the killing of any dog found worrying, maiming or killing live stock or fowls, thereby causing damages for which their owner may become entitled to compensation under section one hundred and sixty-one, or for evidence which shall determine to the satisfaction of such aldermen or such selectmen who is the owner or keeper of a dog which has been found to have so worried, maimed or killed any live stock or fowls. The county commissioners, except in Suffolk county, shall pay any such reward from the dog fund, upon a certificate signed by the aldermen or selectmen.
Chapter 140: Section 163. Notice to kill dog which has caused damage Section 163. If the aldermen or selectmen determine, after notice to parties interested and a hearing, who is the owner or keeper of any dog which is found to have worried, maimed or killed any live stock or fowls, thereby causing damages for which their owner may become entitled to compensation from the dog fund under section one hundred and sixty-one, they shall serve upon the owner or keeper of such dog a notice directing him within twenty-four hours to kill or confine the dog.
Chapter 140: Section 164. Failure to kill, confine or restrain dog after notice Section 164. A person who owns or keeps a dog, and who has received such notice and does not within twenty-four hours kill such dog or thereafter keep it on his premises or under the immediate restraint and control of some person, shall be punished by a fine of not more than twenty-five dollars; and any police officer, constable or dog officer may kill such dog if it is found outside of the enclosure of its owner or keeper and not under his immediate care.
Chapter 140: Section 165. Investigators; investigation of damages caused by dogs; settlement; action against owner or keeper; payments over to county treasurer Section 165. The county commissioners, except in Suffolk county, shall appoint one and may appoint not more than four suitable persons, all residents of the county, any one of whom shall, at the request of said commissioners or of the chairman of the selectmen or officer of the police designated as provided in section one hundred and sixty-one, investigate any case of damages done by a dog of which the commissioners, chairman or officer shall have been informed as provided in said section; and if he believes that the evidence is sufficient to sustain an action against the owner or keeper of the dog as provided in said section and believes that such owner or keeper is able to satisfy any judgment recovered in such action, he shall bring the action, unless the owner or keeper before action brought pays him such amount in settlement of the damage as he deems reasonable. Such action may be brought in his own name and in the county where he resides, and he shall prosecute it. The persons so appointed shall also have throughout their respective counties the same powers and authority as police officers, constables or dog officers appointed under provisions of section one hundred and fifty-one, acting under sections one hundred and thirty-seven to one hundred and seventy-five, inclusive. All damages received or recovered under this section shall be paid over to the county treasurer and placed to the credit of the dog fund. The county treasurer shall pay out of the dog fund such reasonable compensation as the county commissioners shall allow for services and necessary expenses under this section and the reasonable expense of prosecuting the said actions. The persons appointed hereunder may be removed at any time by the county commissioners.
Chapter 140: Section 166. Election of remedy by person damaged Section 166. The owner of live stock or fowls which have been worried, maimed or killed by dogs shall have his election to proceed under section one hundred and sixty-one or sections one hundred and fifty-seven to the hundred and fifty-nine, inclusive; but, having signified his election by proceeding in either mode, he shall not have the other remedy.
Chapter 140: Section 167. Ordering dogs to be muzzled or restrained; killing unmuzzled or unrestrained dogs Section 167. The aldermen or selectmen may order that all dogs shall be muzzled or restrained from running at large during such time as shall be prescribed by such order. After passing such order and posting a certified copy thereof in two or more public places in the town, or, if a daily newspaper is published in such town, by publishing such copy once in such newspaper, the aldermen or selectmen may issue their warrant to one or more of the police officers or constables of such town, who shall, after twenty-four hours from the publication of such notice, kill all dogs found unmuzzled or running at large contrary to such order, and shall receive such compensation therefor as is provided in section one hundred and fifty-one. Notwithstanding the foregoing, a police officer or constable may, in his discretion, hold any such dog for a period not in excess of ten days. If the owner thereof claims such dog and pays to such officer or constable the sum of five dollars, together with one dollar and fifty cents for each day that it is so held, it shall be returned to the owner. The fee of five dollars shall be paid over to the city or town and the remaining moneys shall be retained by such officer or constable as his fee.
Chapter 140: Section 168. Service of order to muzzle or restrain dogs; penalty Section 168. The aldermen or selectmen may cause service of such order to be made upon the owner or keeper of the dog by causing a certified copy thereof to be delivered to him; and if he refuses or neglects for twelve hours thereafter to muzzle or restrain such dog as so required, he shall be punished by a fine of not more than twenty-five dollars.
Chapter 140: Section 169. Penalty on officer; report of refusal or neglect of officer to perform duties Section 169. A county, city or town officer who refuses or wilfully neglects to perform the duties imposed upon him by the provisions of this chapter relating to dogs shall be punished by a fine of not more than one hundred dollars, which shall be paid, except in Suffolk county, into the county treasury. Whoever is aggrieved by such refusal or neglect may report the same forthwith to the district attorney of his district.
Chapter 140: Section 17. Loss by guest; negligence and violation of regulations as defense Section 17. An innholder against whom a claim is made for loss sustained by a guest may show that such loss is attributable to the negligence of the guest or to his failure to comply with the regulations of the inn, if they are reasonable and proper and are shown to have been duly brought to the notice of the guest by the innholder.
Chapter 140: Section 170. Suffolk county; disposition of money received; determination and payment of claims for damages caused by dogs Section 170. In Suffolk county, all money received for licenses or from the sale of dogs, or recovered as fines or penalties under the provisions of this chapter relating to dogs shall be paid into the treasury of the town in which said licenses are issued or such sales are made, or said fines or penalties recovered. All claims for damages done by dogs in Suffolk county shall be determined by appraisers as specified in section one hundred and sixty-one and, when approved by the aldermen or selectmen of the city or town where the damage was done, shall be paid in full on the first Wednesday of January of each year by the treasurer of such town, if the gross amount received by him and not previously paid out under the provisions of this chapter relating to dogs is sufficient therefor; otherwise such amount shall be divided pro rata among such claimants in full discharge of their claims.
Chapter 140: Section 171. Liability to county or town of owner or keeper of dog; action Section 171. The owner or keeper of a dog which has done damage to live stock or fowls shall be liable in tort to the county for all damages so done which the county commissioners thereof have ordered to be paid as provided in this chapter. The county treasurer, except as provided in section one hundred and sixty-five, may, and if so ordered by the county commissioners shall, bring such action. In Suffolk county, such owner or keeper shall be liable in like manner to the town for damages so done therein which the aldermen or selectmen have so ordered to be paid; and the town treasurer may, and if so ordered by the aldermen or selectmen shall, bring such action.
Chapter 140: Section 172. Disposition of balance of dog fund Section 172. Money received by a county treasurer under the preceding sections relating to dogs, and not paid out for damages, license blanks or books, record books, anti-rabic vaccine or other purposes as required under said sections, shall, in January, be paid back to the treasurers of the towns in proportion to the amounts received from such towns, and the money so refunded shall be expended for the support of public libraries or schools. In Suffolk county, money so received by the town treasurer and not so paid out shall be expended by the school committee for the support of public schools.
Chapter 140: Section 173. Ordinances and by-laws relating to dogs Section 173. A town may make additional ordinances or by-laws relative to the licensing and restraining of dogs, and may affix penalties of not more than fifty dollars for a breach thereof; but such ordinances or by-laws shall relate only to dogs owned or kept in such town, and the annual fee required for a license under section one hundred and thirty-nine shall in no case be more than one dollar in addition to the amount required by said section.
Chapter 140: Section 173A. Violation of dog control laws; non-criminal disposition Section 173A. Whenever a complaint is sought in a district court for a violation of an ordinance or by-law, made under the provisions of section one hundred and seventy-three, the clerk shall send a written notice to the person complained against stating that such a complaint has been sought and will issue unless such person appears before such clerk and confesses the offense either personally or through an agent duly authorized in writing, or by mailing to such clerk, with the notice the fine provided herein. If it is the first offense subject to this section committed by such person within a calendar year, the clerk shall dismiss the charge without the payment of any fine; if it is the second offense so committed in such city or town in the calendar year the payment to the clerk of a fine of twenty-five dollars shall operate as a final disposition of the case; if it is the third offense so committed in such city or town in a calendar year payment of a fine of thirty dollars shall operate as a final disposition of the case; and if it is the fourth or subsequent offense so committed in such city or town in the calendar year the payment of a fine of fifty dollars shall operate as a final disposition of the case. Such payment shall be made only by postal note, money order or check. Notwithstanding the foregoing procedure and schedules of fines and subject, however, to all of the other provisions of this section, a city or town may, by ordinance or by-law, provide for an alternative procedure and a different schedule of fines; provided, however, that no new schedule of fines shall contain a fine in excess of fifty dollars.
Proceedings under this section shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records.
If a person notified to appear, as hereinbefore provided, fails to appear or pay the fine within twenty-one days of the sending of the notice, or having appeared, does not desire to avail himself of the procedure established by this section, the clerk shall issue the complaint and the procedure established for criminal cases shall be followed.
If any person fails to appear in accordance with the summons issued upon such complaint, the clerk of the court shall send such person, by registered mail, return receipt requested, a notice that the complaint is pending and that, if the person fails to appear within twenty-one days from the sending of such notice, a warrant for his arrest will be issued.
Chapter 140: Section 174. Recovery of penalties Section 174. All fines and penalties provided in the preceding sections relating to dogs may be recovered before a district court in the county where the offence was committed.
Chapter 140: Section 174A. Killing of dogs by carbon monoxide fumes Section 174A. No dog whose killing is authorized under the provisions of this chapter shall be put to death in a carbon monoxide chamber unless such chamber is supplied with gas by an engine or gas generator that will produce a minimum of four per cent concentration of carbon monoxide within five minutes, the gas used is cooled and filtered before entering such chamber, and the temperature of the gas inside such chamber does not exceed a temperature of eight-five degrees Fahrenheit.
Chapter 140: Section 174B. Restraint of dogs in public highway rest areas; penalty Section 174B. Whoever is the owner or keeper of a dog shall restrain said dog by a chain or leash when in an officially designated public highway rest area. Whoever violates the provisions of this section shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 174C. Repealed, 1976, 299, Sec. 1 Chapter 140: Section 174D. Research institutions; license to use dogs or cats; rules and regulations Section 174D. (a) No research institution shall employ dogs or cats in scientific investigation, experiment or instruction or for the testing of drugs or medicines without having first been issued a license therefor under this section by the commissioner. A research institution desiring to obtain a license shall make application to the commissioner. On receipt of such application the commissioner shall make or cause to be made such investigation as he may deem necessary to determine whether the public interest would be served by the issue of such license. The commissioner shall issue such license unless, after notice and hearing, he finds that the research institution, by reason of its standards, facilities, practices or activities, is not a fit and proper institution to receive such license, and that the issue thereof is not in the public interest. Each research institution licensed under this chapter shall before such license issues pay to the commissioner a license fee of fifty dollars. Each license shall expire on June thirtieth next following the date of issue. The commissioner shall annually renew each license upon the application of the licensee unless, after notice and hearing, he finds that by reason of the standards, facilities, practices or activities of the licensee such renewal is not in the public interest. The commissioner may, after notice and hearing, cancel, suspend or revoke any license if he finds that by reason of the standards, facilities, practices or activities of the licensee the continuation of such license is not in the public interest.
Whoever knowingly violates any of the provisions of this section shall be liable for a civil penalty of not more than one hundred dollars for each offense. The superior court department of the trial court shall have authority to enjoin any violation of this section or to take such other actions as equity or justice may require.
(b) The commissioner may make such rules and regulations, not inconsistent with this section, necessary to carry out its purposes, and may alter, rescind or add to any rules or regulations previously made. The commissioner or an agent designated by him may, in connection with the granting, continuance or renewal of a license, visit and inspect the animal research and care facilities of any licensee or of any research institution which has applied for a license. The Massachusetts Society for the Prevention of Cruelty to Animals and the Animal Rescue League of Boston may be designated as agents of the commissioner. For purposes of this paragraph the term “animal” shall refer to the dog and cat specifically and all other sentient creatures except humans.
Chapter 140: Section 175. Repealed, 1945, 276, Sec. 2 Chapter 140: Section 176. Registration; certificate; penalty Section 176. The owner or keeper of a stallion for breeding purposes shall, before advertising the service thereof, file a certificate of the name, color, age, size and pedigree, as fully as obtainable, of said stallion, and of the name of the person by whom he was bred, with the clerk of the city or town where said stallion is owned or kept, who shall, upon payment of the fee provided by clause (72) of section thirty-four of chapter two hundred and sixty-two, record the same in a book to be kept for that purpose. Whoever neglects to make and file such certificate shall recover no compensation for the services of his stallion, and whoever knowingly and wilfully makes a false certificate shall be punished by a fine of one hundred dollars.
Chapter 140: Section 177. Licensing; public hearing Section 177. The licensing board of Boston, the license commission of Lowell, the aldermen of any other city, and the selectmen of any town may grant and may suspend or revoke at pleasure a license which shall be subject to sections two hundred and two to two hundred and five, inclusive, to a person to keep a billiard, pool or sippio table or a bowling alley for hire, gain or reward, upon such terms and conditions as they deem proper, to be used for amusement merely and not for the purpose of gaming for money or for property.
No original license shall be granted under the provisions of this section, except after a public hearing by the appropriate licensing authority, notice of the time and place of which shall have been given, at the expense of the applicant, by the clerk of such licensing authority, by publication not less than seven days prior thereto in a newspaper, if any, published in the city or town of application; otherwise, in the county in which such city or town lies; and notice of which shall also have been given by the applicant, by registered mail, not less than seven days prior to such hearing, to all owners of real estate abutting on the the land on which is located the premises for which said license is sought or directly opposite said land on any public or private street as such owners appear on the most recent local tax list at the time the application for such license is filed.
Chapter 140: Section 177A. Amusement devices; license; definition; fee; view and inspection; gambling; nonapplicability of lottery statute Section 177A. (1) The licensing authorities of any city or town may grant, and after written notice to the licensee, suspend or revoke a license to keep and operate an automatic amusement device for hire, gain or reward, approved by the director of standards and necessaries of life under section two hundred and eighty-three of chapter ninety-four.
(2) The term “automatic amusement device” as used in this section shall be construed as meaning any mechanism whereby, upon the deposit therein of a coin or token, any apparatus is released or set in motion or put in a position where it may be set in motion for the purpose of playing any game involving, in whole or in part, the skill of the player, including, but not exclusively, such devices as are commonly known as pinball machines including free play pinball machines.
(3) Licenses granted under this section, unless sooner revoked, shall expire on December thirty-first of each year. Every such license shall specify the street and number of the premises where the automatic amusement device is to be kept or offered for operation or give some particular description of such premises, shall state the type of the automatic amusement device to which it relates, and shall cover any automatic amusement device of the same type which as a substitute or replacement for the automatic amusement device licensed, may, during the term of the license, be kept or offered for operation on the premises specified; but such license shall under no circumstances cover an automatic amusement device of a type other than the type stated in such license; and such license shall not cover the automatic amusement device if in any place other than the premises from time to time specified in such license. No such license shall specify more than one premises at one time. Upon written application, the licensing authority may from time to time amend any license granted under this section by changing the premises specified.
(4) The annual fee for a license under this section for any automatic amusement device licensed hereunder, or any renewal thereof, shall be twenty dollars, unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than one hundred dollars. The fee for every change of premises shall be two dollars.
(5) Automatic amusement devices licensed under this section shall be so installed on the premises described in the license as to be in open view at all times while in operation, and shall at all times be available for inspection.
(6) No person keeping or offering for operation or allowing to be kept or offered for operation any automatic amusement device licensed under this section shall permit the same to be used for the purpose of gambling.
(7) The provisions of section seven of chapter two hundred and seventy-one of the General Laws shall not apply to machines licensed under the provisions of this section.
(8) Any violation of any provision of this section or of chapter one hundred and thirty-six of the General Laws by any person managing or controlling any premises where an automatic amusement device licensed under this section is kept or offered for operation shall be cause for the revocation of all licenses for automatic amusement devices kept or offered for operation on such premises.
Chapter 140: Section 178. Business operated without license Section 178. Whoever without such license keeps or suffers to be kept in a house, building, yard or dependency thereof, actually occupied or owned by him, a table for the purpose of playing at billiards, pool or sippio, or a bowling alley or an automatic amusement device for hire, gain or reward, or whoever for hire, gain or reward suffers any person to resort thereto for such purpose shall forfeit not more than one hundred dollars.
Chapter 140: Section 179. Minors admitted to places of business Section 179. The keeper of a billiard, pool or sippio room or table, or place in which pictures are displayed upon the deposit of money in a coin controlled apparatus, who admits a minor under the age of eighteen thereto without the written consent of his parent or guardian, or the keeper of a bowling alley in which alcoholic beverages are sold who admits thereto a minor under the age of sixteen without such consent, shall forfeit ten dollars for the first and twenty dollars for each subsequent offence.
Chapter 140: Section 18. Signs; penalty for failure to have sign Section 18. Every innholder and common victualler shall at all times have a board or sign affixed to his house, shop, cellar or store, or in a conspicuous place near the same, with his name legibly inscribed thereon in large letters and the business for which he is licensed inscribed thereon, and upon neglect thereof shall forfeit twenty dollars.
Chapter 140: Section 180. Location of bowling alleys in places other than as ordered; restraint Section 180. Whoever erects, occupies or uses a building for bowling alleys, except in such part of a town as the aldermen or selectmen order, shall forfeit not more than fifty dollars for every month he so occupies or uses such building, and in like proportion for a shorter time. The superior court may restrain such erection, occupancy or use without such order.
Chapter 140: Section 180A. Definitions Section 180A. The following words, as used in this section and in sections one hundred and eighty B to one hundred and eighty F, inclusive, shall, unless the context otherwise requires, have the following meanings:—“Theatrical engagement”, any engagement or employment of a person as an actor, performer or entertainer in a circus, agricultural fair, vaudeville, banquet and other stage performances, stage productions in theaters, including floor shows, so called, in restaurants, clubs, beer gardens, tents, arenas, halls and similar places of amusement.
“Booking agent, personal agent or actor’s manager”, any person who holds himself out as an agent of a person who is seeking employment or who is available for a theatrical engagement, including actors, actresses, chorus girls or chorus boys, musicians and entertainers of all descriptions.
Chapter 140: Section 180B. Necessity of license; office of licensee; penalty Section 180B. No person shall act as a booking agent, personal agent or actor’s manager, or engage, directly or indirectly, in the business of acting as an agent in the employment of persons for a theatrical engagement in the commonwealth unless he has obtained a license from the commissioner of public safety. Any person so licensed shall maintain one or more offices in the commonwealth.
Whoever violates the provisions of this section shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than one year, or both.
Chapter 140: Section 180C. Application; contents; notice; refusal; revocation; fees Section 180C. Any person wishing to obtain such a license shall apply in writing to the commissioner and in the form prescribed by said commissioner; and shall state, under the penalties of perjury, his name and address; the name under which he is to operate his business, if other than his true name; the street and number of the building or place where the business is to be conducted; the name and address of the individual who will actually direct and operate the placement activities of the agency; the length of time such individual has spent in the business of operating an agency for theatrical engagements. If the applicant is to engage in representing a booking agent, personal manager, or actor’s manager outside the commonwealth, he shall give the name and address of any such individual or outside agency. Such application shall be accompanied by affidavits of at least two reputable residents of the commonwealth that the applicant is a person of good moral character.
No license shall be granted except after publication of the application thereof, at the expense of the applicant, in a daily or weekly newspaper having circulation in the town or city in which the applicant’s office is located, at least ten days prior to the granting thereof, and after a public hearing before the commissioner. The commissioner shall post a list of such applicants in a public place at the headquarters of the department of public safety for the ten days preceding such public hearing. A license may be refused or revoked at any time by the commissioner for good cause shown; provided, that the applicant or licensee shall have been given due notice to appear before the commissioner to show cause why the license should not be refused or revoked.
The said license shall be for a period of two years, and the fee therefor shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. No renewal of said license shall be granted unless the licensee complies with sections one hundred and eighty B to one hundred and eighty F, inclusive.
Chapter 140: Section 180D. Agency contracts Section 180D. Every licensee who shall procure for, or offer to an actor, performer or entertainer, hereafter referred to as a client, a theatrical engagement, shall execute in triplicate a contract containing the name and address of the client; the name and address of the employer of the client and the person acting for such employer; the time and duration of such engagement; the amount to be paid to such client; the character of entertainment to be given or services to be rendered; the number of performances per day or per week that are to be given by said client; the name of the person by whom the transportation is to be paid, and the cost of transportation; and the gross commission or fees to be paid by said client and to whom. The licensee shall deliver to each party to the contract a copy thereof and shall keep a copy. The licensee procuring such engagement for such client shall keep a copy of such contract.
Chapter 140: Section 180E. Bond Section 180E. No license under section one hundred and eighty B shall be issued unless and until the applicant therefor deposits with the commissioner a bond for the faithful compliance by such applicant, as licensee, during the term of the license, with the provisions of sections one hundred and eighty A to one hundred and eighty D, inclusive, such bond to run to the commonwealth, to be in the sum of one thousand dollars, and to be in force during the term of the license. At the option of the commissioner, such bond shall have as sureties either two or more individuals or a surety company authorized to do business in the commonwealth.
Chapter 140: Section 180F. Action on bond Section 180F. Any person from whom any licensee under section one hundred and eighty B has withheld any sum in excess of the amount permitted under any agreement between the licensee and such person may, without expense to the commonwealth, bring an action in the name of the state treasurer upon the bond of such licensee, and may recover upon such bond for his own benefit, up to the sum of such bond, the amount improperly withheld from him by such licensee.
Chapter 140: Section 180G. Rules and regulations Section 180G. The commissioner of public safety shall make rules and regulations for the proper enforcement of sections one hundred and eighty A to one hundred and eighty F, inclusive.
Chapter 140: Section 181. Theatrical exhibitions, etc.
; licenses; fees; applications; suspension or revocation; workers’ compensation coverage Section 181. The mayor or selectmen may, except as provided in section one hundred and five of chapter one hundred and forty-nine, grant and set the fee for, upon such terms and conditions as are described hereinafter, a license for theatrical exhibitions, public shows, public amusements and exhibitions of every description, to be held upon weekdays only, to which admission is obtained upon payment of money or upon the delivery of any valuable thing, or in which, after free admission, amusement is furnished upon a deposit of money in a coin controlled apparatus, but in no event shall any such fee be greater than one hundred dollars. Notwithstanding the limitations of this paragraph, a license granted to a movie theater, including any drive-in theater, for the exhibition of motion pictures shall permit such exhibition seven days per week. The fee for such license shall not exceed the total amounts paid by a licensee for licenses issued in 1997 under this section and section 4 of chapter 136 then in effect; provided, however, that the fee for such license shall not be greater than $500.
The application for such a license shall be in writing and shall fully and specifically describe the conditions of the proposed exhibition, show, or amusement and the premises upon which the proposed exhibition, show, or amusement is to take place, to the extent that such conditions or premises would affect the public safety, health or order. Upon written request of the mayor or selectmen, the applicant shall in addition furnish reasonable information concerning the conditions of the premises and actions to be taken in order to prevent danger to the public safety, health, or order. Within thirty days following receipt of such application, the mayor or selectmen shall grant a license or shall order a hearing preceded by at least ten days written notice to the applicant. Within forty-five days next following the close of such hearing, the mayor or selectmen shall grant such license or shall deny such license upon a finding that issuance of such a license would lead to the creation of a nuisance or would endanger the public health, safety or order by:(a) unreasonably increasing pedestrian traffic in the area in which the premises are located or(b) increasing the incidence of disruptive conduct in the area in which the premises are located or(c) unreasonably increasing the level of noise in the area in which the premises are located.
Notice of such a denial shall be delivered to the applicant in writing and shall be accompanied by a statement of the reasons therefor. No application shall be denied if the anticipated harm is not significant or if the likelihood of its occurrence is remote. The mayor or selectmen may impose conditions upon a license but said conditions may only relate to compliance with applicable laws or ordinances, or to public safety, health or order, or to steps required to be taken to guard against creation of a nuisance or to insure adequate safety and security for patrons or the affected public.
No applicant having been denied a license as aforesaid shall submit the same or a similar application within one year of said denial without including in said new application facts showing that the circumstances upon which the original denial was based have substantially changed.
The mayor or selectman may revoke or suspend a license granted pursuant to the provisions of this section upon finding, after a hearing preceded by ten days written notice to the licensee, that conditions exist which would have justified denial of the original application for such license provided, that the mayor or selectmen may petition the superior court department of the trial court to enjoin any violation of this section.
No license shall issue, however, for a traveling carnival, circus or other such traveling amusement which does not have its principal place of business within the commonwealth unless the licensee certifies that he has provided by insurance for the payment of compensation and the furnishing of other benefits under chapter one hundred and fifty-two to all persons to be employed by said licensee and that such insurance shall continue in full force and effect during the term of the license; and the licensee further certifies that he has obtained a policy of public liability insurance in the amount of at least twenty-five thousand dollars to pay any claims or judgments rendered against the licensee in favor of patrons or others to recover damages resulting from the negligence of the licensee. The amount of insurance of the policy hereinbefore required or in effect shall not limit or impair any right of recovery to which any plaintiff may be entitled in excess of such amount.
Chapter 140: Section 181A. Appearance under assumed name; statement filed; penalty Section 181A. Whoever, for compensation, appears in a public exhibition, public show, public amusement or other public performance under an assumed name shall file with the commissioner of public safety on a form prescribed by him a statement containing the true name, legal address and the assumed name of such person. Such statement shall be under the penalties of perjury and shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof. Violations of this section shall be punished by a fine not to exceed one hundred dollars for each offence.
Chapter 140: Section 181B. Schedule of prices for patrons posted; penalty Section 181B. The manager of every traveling circus, carnival or other entertainment which members of the general public are invited to attend and view shall cause a complete schedule of the prices for admission to the same, and for seating or other necessary accommodations for its patrons, to be posted, in letters at least one inch high, in a conspicuous place at every box office, ticket booth or other location at which tickets or tokens for such admission are offered for sale. Any person violating this section shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 182. Entertainment without license; exceptions Section 182. Whoever offers to view, sets up, sets on foot, maintains, carries on, publishes or otherwise assists in or promotes any such exhibition, show or amusement without such license shall be punished by a fine of fifty dollars for each day in violation; and whoever commits a second such offense shall be punished by a fine of one hundred dollars for each day in violation; and whoever commits a third such offense shall be punished by a fine of five hundred dollars for each day in violation; and whoever commits a fourth such offense shall be punished by a fine of one thousand dollars a day for the next five days in violation and whoever commits a fifth or subsequent such offense shall be punished by a fine of five thousand dollars for each day in violation. This and the preceding section shall not apply to public entertainments by religious societies in their usual places of worship for a religious or charitable purpose, or to entertainments given in school buildings by or for the benefit of the pupils thereof and under the supervision of the principal or teacher in charge of the school classes therein, or to entertainments given in a private dwelling, except in apartments thereof having a seating capacity of four hundred or more, or to enterprises required to be licensed under section one hundred and eighty-three A.
Chapter 140: Section 182A. Price to appear on ticket; penalty Section 182A. Every ticket of admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition required to be licensed by sections one hundred and eighty-one and one hundred and eighty-two, for admission to which a price is charged, shall bear on its face the price charged for such ticket or other evidence of right of entry by the person issuing the same or causing the same to be issued. Whoever issues or causes to be issued such a ticket or other evidence of right of entry in violation of this section shall be punished by a fine of not more than five hundred dollars.
Chapter 140: Section 183. Darkened dance hall and places connected therewith; degree of light; regulations and statute posted; penalty Section 183. No person shall darken in whole or in part the hall, room, piazza, roof garden or other place in which a public dance required to be licensed under section one hundred and eighty-one is held, or any stairway, anteroom or passageway connected therewith, during the progress of a dance therein or until all persons except the proprietor and his employees have withdrawn from the premises. The degree of light required in such places shall be fixed by regulations prescribed by the commissioner of public safety, copies of which and of this section shall be conspicuously posted in every such place. Violations of this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars.
Chapter 140: Section 183A. Concerts, dances, exhibitions, public shows, etc.
; license; application; suspension or revocation; rules and regulations Section 183A. No inn holder, common victualler, keeper of a tavern, or person owning, managing, or controlling any club, restaurant or other establishment required to be licensed under section twelve of chapter one hundred and thirty-eight or under section two, twenty-one A or twenty-one E of chapter one hundred and forty, and no person owning, managing, or controlling any concert, dance, exhibition, cabaret or public show of any description to be conducted on any premises required to be licensed under the sections described above, shall, as a part of its usual business, offer to view, set up, set on foot, maintain or carry on a concert, dance exhibition, cabaret or public show of any description, unless and until a license therefor has been issued by the licensing authorities.
The application for such license shall be in writing and shall state the type of concert, dance, exhibition, cabaret or public show sought to be licensed and shall state whether such public show will include: (a) dancing by patrons, (b) dancing by entertainers or performers, (c) recorded or live music, (d) the use of an amplification system, (e) a theatrical exhibition, play, or moving picture show, (f) a floor show of any description, (g) a light show of any description, or (h) any other dynamic audio or visual show, whether live or recorded.
The application shall also state whether as part of the concert, dance exhibition, cabaret or public show any person will be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or whether any female person will be permitted to appear on the premises in any manner or attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.
Upon request of the licensing authorities, the applicant shall furnish further additional information concerning the type of concert, dance exhibition, cabaret, or public show sought to be licensed, the conditions of the premises, and the actions to be taken in order to prevent danger to the public safety, health or order. Once a license has been granted to an applicant, the licensee shall continue to provide such information to the licensing authorities upon their request with regard to any particular concert, dance, exhibition, cabaret, or public show or with regard to the conduct of the premises in general.
Within forty-five days following receipt of an application for a license under this section, the licensing authorities may (a) grant a license or, (b) shall provide the opportunity for a hearing on the application by written notice to the applicant given seven days prior to the hearing date.
Within thirty days next following the final date of such opportunity for a hearing the licensing authorities shall, (a) grant the license or, (b) deliver to the applicant a written notice denying the license and stating in writing the reasons for such denial. No application having been denied as aforesaid and no similar application thereto may be filed within one year of said denial except in the discretion of the licensing authorities.
The licensing authorities shall grant a license under this section unless they find that the license, taken alone or in combination with other licensed activities on the premises, would adversely affect the public health, safety or order, in that the concert, dance, exhibition, cabaret, or public show cannot be conducted in a manner so as to: (a) protect employees, patrons, and members of the public inside or outside the premises from disruptive conduct, from criminal activity, or from health, safety or fire hazards; (b) prevent an unreasonable increase in the level of noise in the area caused by the licensed activity or caused by patrons entering or leaving the premises; or (c) prevent an unreasonable increase in the level of pedestrian or vehicular traffic in the area of the premises or an unreasonable increase in the number of vehicles to be parked in the area of the premises.
The licensing authorities may modify, suspend or revoke a license granted pursuant to the provisions of this section after providing an opportunity for a hearing preceded by a written notice to the licensee ten days prior to the hearing date. The licensing authorities may not modify, suspend or revoke such license unless they find that the license, taken alone or in combination with other licensed activities on the premises, has adversely affected the public health, safety or order as stated in the preceding paragraph. In any case in which the licensing authorities modify, suspend or revoke a license, they shall notify the licensee in writing of such action and said written notice shall be accompanied by a statement of reasons.
In order to preserve and protect the public health, safety, and order as aforesaid, the licensing authorities may place conditions upon the license and promulgate rules and regulations for such licenses. The licensing authorities may modify, suspend or revoke a license pursuant to this section for any violation of their rules and regulations or for any violation of law and may petition the superior court department of the trial court to enjoin any violation of this section.
The licensing authorities of any city or town may adopt a rule requiring licensees under this section to prohibit minors from attending any concert, dance, exhibition, cabaret or public show of any description in which or at which any person appears in a manner or attire as to expose to public view any portion of the pubic area, anus, or genitals, or any simulation thereof, or in which or at which any female person appears in a manner or attire as to expose to public view any portion of the breast below the top of the areola, or any simulation thereof.
A license issued under this section, unless sooner revoked, shall expire on December thirty-first of each year. The fee for any such license or for any renewal thereof shall not exceed one hundred dollars.
The provisions of this section shall be applicable seven days per week; provided, however, that no license under this section shall be granted to permit such activities, except an athletic game or sport, on Sundays or before 1 o’clock in the afternoon, without the written approval of the commissioner of public safety, made in accordance with the provisions of this section, upon written application to said commissioner accompanied by a fee of not more than $5, or in the case of an annual license by a fee of not more than $100.
Chapter 140: Section 183B. Repealed, 1936, 71, Sec. 2 Chapter 140: Section 183C. Violation of statute; report of conviction; revocation of charter of corporation Section 183C. Any person described in section one hundred and eighty-three A who engages in a business required to be licensed by said section unless authorized so to do by a license in full force and effect, and any holder of such a license who violates any condition thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment for not more than one year, or by both. The clerk of the court in which a corporation engaged in such business is convicted under this section shall forthwith report such conviction to the state secretary, who shall thereupon revoke the charter of such corporation.
Chapter 140: Section 183D. Minimum or cover charge Section 183D. No innholder, common victualler or person owning, managing or controlling a cafe, restaurant, or other eating or drinking establishment shall require any person to pay a minimum charge or cover charge unless a sign is conspicuously posted at every entrance to any dining room or rooms where such charge is required, in letters no less than one inch in height, stating that a minimum charge or cover charge shall be charged and also stating the amount of charge; provided, however, that no such innholder, common victualler or person owning, managing or controlling a cafe, restaurant or other eating or drinking establishment shall require a person under thirteen years of age to pay a minimum charge or cover charge. Whoever violates this section shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 184. Entertainments at which alcoholic beverages are sold Section 184. Whoever offers to view, sets up, sets on foot, maintains or carries on a theatrical exhibition, public show, concert or dance hall exhibition, of any description, at which alcoholic beverages, as defined in section one of chapter one hundred and thirty-eight, are sold or exposed for sale with the consent of those who get up, set on foot or otherwise promote such exhibition or show, shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than two years, unless such exhibition or show has been duly licensed as provided by section one hundred and eight-one. This section shall not authorize the licensing of the sale of such beverages contrary to law.
Chapter 140: Section 185. Repealed, 1963, 195 Chapter 140: Section 185A. Resale of tickets; necessity, term and transfer of license; information in application; definition of resale; restrictions Section 185A. No person shall engage in the business of reselling any ticket or tickets of admission or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition required to be licensed under sections one hundred and eighty-one and one hundred and eighty-two of this chapter or under chapter one hundred and twenty-eight A, whether such business is conducted on or off the premises on which such ticket or other evidence is to be used, without being licensed therefor by the commissioner of public safety, in this and the six following sections called the commissioner. A license shall be granted only upon a written application setting forth such information as the commissioner may require. Each license issued under this section shall be in force until the first day of January next after its date, unless sooner revoked. No such license may be transferred or assigned except upon written permission of the commissioner. The sale of a ticket or pass, entitling the holder thereof to admission to any such theatrical exhibition, public show or public amusement or exhibition upon payment either of nothing or a sum less than that demanded of the public generally, shall be deemed to be a resale thereof within the meaning of this section.
No person shall engage in or have any interest, as a stockholder or otherwise, in any such business in the conduct of which is or are resold any ticket or tickets of admission or other evidence or evidences of right of entry to any theatrical exhibition, public show or public amusement or exhibition of which said person is the owner or in which he has any interest, as a stockholder or otherwise.
Chapter 140: Section 185B. Fees for, and for renewal of, licenses to resell tickets Section 185B. The fee for each license granted under section one hundred and eighty-five A and for each annual renewal thereof shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof.
Chapter 140: Section 185C. Revocation or suspension of license Section 185C. The commissioner, after notice to the licensee and reasonable opportunity for him to be heard, may revoke his license or may suspend the same for such period as the commissioner may deem proper, upon satisfactory proof that the licensee has violated or permitted a violation of any condition of his license or of any rule or regulation of the commissioner under section one hundred and eighty-five E. If the license is revoked, the licensee shall be disqualified to receive a license for one year after the expiration of the term of the license so revoke.
Chapter 140: Section 185D. Resale price Section 185D. No licensee under section one hundred and eighty-five A shall resell any ticket or other evidence of right of entry to any theatrical exhibition, public show or public amusement or exhibition of any description at a price in excess of two dollars in advance of the price printed on the face of such ticket or other evidence of right of entry as the purchase price thereof; provided, however, that a price in excess of the above maximum shall not be deemed in violation of this section if the amount in excess of the above maximum is solely attributable to service charges. For the purpose of this section, service charges are defined as costs incurred by said licensee related solely to the procuring and selling of such ticket or other evidence of right of entry and not related to the general business operation of said licensee. Service charges include, but are not limited to, charges for messengers, postage, and long distance telephone calls, extensions of credit and costs attributable thereto.
The imposition of a fee, on an annual or per order basis, for customers purchasing tickets other than by immediate payment therefor in cash, which includes a membership fee, office expenses and the cost of processing credit card orders, shall not be deemed a violation of this section.
Chapter 140: Section 185E. Rules and regulations relative to reselling of tickets; investigations; record of licenses Section 185E. The commissioner shall establish and may from time to time alter rules and regulations relative to the granting of licenses and the business carried on by persons licensed under section one hundred and eighty-five A. He shall, either personally or by such subordinates as he may designate, as often as he deems it necessary, investigate the affairs of such licensees and for that purpose shall have free access to the books and papers of such licensees and shall ascertain the condition of the business and whether it is being transacted in compliance with law and the rules and regulations made hereunder, and with the terms and conditions of the license. The commissioner shall keep a book or books in which shall be entered in alphabetical order a record of all licenses granted under section one hundred and eighty-five A, which record shall be open to public inspection.
Chapter 140: Section 185F. Violation of statutes and regulations relative to reselling of tickets Section 185F. Whoever violates any provision of section one hundred and eight-five A to section one hundred and eighty-five G, inclusive, or any rule or regulation of the commissioner made under section one hundred and eighty-five E, shall be punished by a fine of not more than five hundred dollars; provided, however, that whoever, after being convicted of a second violation of section one hundred and eighty-five A, again violates said section shall, for such third or subsequent offense, be punished by such find and by imprisonment in a jail or house of correction for not more than one year.
Chapter 140: Section 185G. Nonapplicability of statutes to tickets for entertainment of nonprofit organizations Section 185G. The provisions of section one hundred and eighty-two A and the six preceding sections shall not apply to tickets or other evidences of entry to theatrical exhibitions, public shows or public amusements or exhibitions, all the proceeds of the sale or resale of which inure exclusively to the benefit of religious, educational or charitable institutions, societies or organizations or civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare or to associations of veterans of any wars of the United States, or to tickets or other evidences of entry to agricultural fairs, none of the profits of the sale or resale of which are distributed to stockholders or members of the association conducting the same.
Chapter 140: Section 185H. Grant, terms, revocation, suspension, contents coverage and expiration of license; fees; inspection and supervision; penalty Section 185H. In Boston, and in any other city or town which accepts the provisions of this section, the mayor or selectmen thereof may grant upon such terms and conditions as he or they may deem reasonable licenses for dancing schools, so called, to be conducted on week days only, and may fix the fee for said licenses within the limit hereinafter provided. He or they may revoke or suspend such licenses for just cause after hearing, due notice whereof shall have been given. The head of the police department in such city or town may cause such dancing schools to be inspected and supervised. Licenses granted as aforesaid shall specify the street or place and the number if there be any, or, if there is no number, then the location of the place, in which the license is to be exercised, and the license shall not be valid in any other place. Licenses so issued shall expire on April thirtieth of each year. The fee for such license shall not exceed five dollars. Whoever conducts a dancing school in such city or town unless authorized so to do by a license in full force and effect shall be punished by a fine of not more than one hundred dollars.
Chapter 140: Section 185I. Fortune tellers; license Section 185I. No person shall tell fortunes for money unless a license therefor has been issued by the local licensing authority. Said license shall be granted only to applicants who have resided continuously in the city or town in which the license is sought for at least twelve months immediately preceding the date of the application. No such license shall be transferred or assigned. Unless otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, the fee for each license granted under this section shall be two dollars, but in no event shall any such fee be greater than fifty dollars. Whoever tells fortunes for money unless licensed under this section shall be punished by a fine of not more than one hundred dollars.
Chapter 140: Section 186. Grant of license for roller skating, carousels, inclined railways, Ferris wheels and exhibitions of fire fighting; terms, conditions and regulations Section 186. The license commission of Lowell, the mayor of any other city, and the selectmen of any town, may grant a license to any person to establish, keep open and maintain staking rinks to be used for roller skating, carousels, inclined railways, Ferris wheels and outdoor exhibitions of fire fighting for the amusement of the public, for hire, gain or reward, upon such terms, conditions and regulations as they deem proper, subject to sections two hundred and two to two hundred and five, inclusive, and to the provisions of law relating to the observance of Sunday.
Chapter 140: Section 187. Maintenance of rink without license Section 187. Whoever, without such license, establishes, keeps open or maintains a skating rink to be used for the amusement of roller skating or any other amusement referred to in the preceding section shall be punished by a fine of not more than five hundred dollars.
Chapter 140: Section 188. Grant of license; terms, conditions and regulations Section 188. In a city or town which accepts the provisions of this and the two following sections or has accepted corresponding provisions of earlier laws, the aldermen, except in Boston and Lowell, or the selectmen may grant a license to any person to establish, let, keep open and maintain a grove to be used for picnics or other lawful gatherings and amusements for hire, gain or reward, upon such conditions and regulations as they deem proper, subject to the provisions of sections two hundred and two to two hundred and five, inclusive. In Lowell the license commission and in Boston the licensing board may grant such licenses.
Chapter 140: Section 189. Maintenance of grove without license Section 189. Whoever, without such license, establishes, lets, keeps open or maintains, himself or by another, a grove to be used for picnics or other amusements for hire, gain or reward shall be punished by a fine of not more than one hundred dollars.
Chapter 140: Section 19. Summary of laws for authorities and licensees Section 19. The state secretary shall cause a condensed summary of all laws relative to innholders and common victuallers to be printed, and shall supply copies thereof to licensing authorities, who shall at the time of granting each license provide the licensee with a copy of such summary.
Chapter 140: Section 190. Peddling, selling, gaming, horse racing or exhibitions near grove Section 190. Whoever, not having his residence or regular place of business within one half mile of a grove licensed under section one hundred and eighty-eight, during the time of holding a picnic or other lawful gathering in such licensed grove and within one half mile thereof hawks or peddles goods, wares or merchandise, or establishes or maintains a tent, booth, vehicle or building for vending provisions or refreshments without the consent of the licensee of such grove, or engages in gaming or horse racing, or exhibits or offers to exhibit any show or play, shall forfeit not more than twenty dollars.
Chapter 140: Section 191. Grant of license for power propelled boats Section 191. The aldermen or selectmen may license any person to run a steamboat or other boat propelled by power other than muscular power for the conveyance for hire of passengers on lakes, ponds or waters not within the maritime jurisdiction of the United States.
Chapter 140: Section 192. Term; record; fee; contents; posting; maximum number of passengers Section 192. Such licenses shall be granted for a term of not more than one year, and shall be recorded by the clerk of the city or town where they are granted, who shall receive a fee of one dollar for recording each license, unless a different fee is otherwise established in a town by town meeting action and in a city by city council action, and in a town with no town meeting by town council action, by adoption of appropriate by-laws and ordinances to set such fees, but in no event shall any such fee be greater than twenty dollars. Every such license shall set forth the name of the steamboat or other boat, of the master and owner, and the number of passengers it is permitted to carry at any one time, with the number of life preservers that shall be carried. The license shall be posted in a conspicuous place therein, and the number of passengers specified in such license shall in no case be exceeded.
Chapter 140: Section 193. Running of boats without license Section 193. Whoever runs a steamboat or other boat propelled by power other than muscular power for the conveyance of passengers for hire on such waters without first obtaining such license from the aldermen of every city and the selectmen of every town within which such steamboat or other boat lands or receives passengers for hire shall be punished by a fine of not more than fifty dollars.
Chapter 140: Section 194. Prohibition of business of renting of boats or bathing suits without a license Section 194. Cities and towns which accept this and the two following sections or have accepted corresponding provisions of earlier laws by a vote of the city council or of the town at a town meeting called for the purpose may prohibit any person from carrying on the business of renting boats or bathing suits, for use upon or in so much of the waters of any great pond as is situated within the town, without first obtaining a license so to do from the aldermen or selectmen.
Chapter 140: Section 195. Posting of notices relative to statutes Section 195. The aldermen of such cities and the selectmen of such towns shall cause to be posted in the immediate vicinity of such ponds notices stating that sections one hundred and ninety-four to one hundred and ninety-six, inclusive, have been accepted by the city or town.
Chapter 140: Section 196. Engagement in business without license Section 196. Whoever in such a city or town, without obtaining a license under section one hundred and ninety-four, if one is required, engages in the business described in said section, shall be punished by a fine of not more than ten dollars.
Chapter 140: Section 197. Admission of children to entertainments Section 197. Whoever, himself or by his servant or agent, admits a child under fourteen
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