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ABCC clarifies delivery, third-party carrier permits and new to‑go limits for restaurants
Summary
ABCC staff told Worcester licensees that package stores need a Section 22 transportation permit to deliver, third‑party carriers must hold express transportation permits, carriers cannot take a percentage of alcohol sales and post‑pandemic to‑go alcohol rules limit nonpackaged sales to spirit-based mixed drinks.
ABCC trainers told Worcester licensees that deliveries and to-go alcohol remain tightly regulated and that licensees must verify carrier permits and follow updated to‑go rules enacted during and after the pandemic.
Ralph Sacramone said package stores have always been able to deliver if they hold a Section 22 transportation permit under M.G.L. c.138, §22 and that the permit must be kept in the delivery vehicle. "Once you get that permit, it's good for 365 days a year from January 1 to December 31, and you can deliver anywhere in the borders of Massachusetts," Sacramone said.
Sacramone and Ryan Melville said restaurants and package stores may use third‑party delivery services (Uber, DoorDash, GoPuff, Instacart and others) only if those vendors hold current express transportation permits from the ABCC. Licensees were told to ask carriers for their permits and to confirm current status on the ABCC website.
The presenters also warned that third‑party carriers may not take a percentage of alcohol sales; contracts must be a flat fee or the carrier becomes an "interest" on the license and would need approval. "If they get a percentage of sales, they have to be named as an interest in your license," Sacramone said.
ABCC staff reviewed post‑pandemic limits on takeout alcohol: the law now allows spirits mixed at the licensed premises to be sold with a meal for takeout (up to 64 ounces per meal), but prepackaged malt beverages, canned ready‑to‑drink cocktails and bottles of wine generally are not permitted to‑go unless otherwise authorized. Sacramone urged licensees to staple receipts to to‑go packages that state the meal accompaniment.
The presenters said both licensees and delivery companies share responsibility for age checks and intoxication screening; ABCC investigators are conducting delivery compliance checks and have cited carriers that failed compliance tests in earlier stings.
Ending: The ABCC urged licensees to verify carrier permits, retain documentation of contracts and receipts for to‑go alcohol, and to train and audit drivers and third‑party partners to avoid enforcement actions.
