ABCC holds compliance training in Holyoke for liquor-licensees on applications, delivery and worker rules

Holyoke — The Massachusetts Alcoholic Beverage Control Commission held a compliance training session in Holyoke on licensing, enforcement and workplace rules for restaurant, bar and package‑store licensees on Feb. 2025, issuing guidance licensees can use to avoid common violations.

The session was led by ABCC Executive Director Ralph Saccomone, who walked attendees through the three-step licensing process (local board application and hearing, ABCC investigator review and commission approval, and issuance of a hard‑copy license by the local board) and emphasized that changes after approval — new stockholders, officers or managers, alterations of premises, relocations or changes to hours — require an amended application before the new situation is implemented.

“A license is a privilege. It’s not a guarantee,” Saccomone said, explaining the statutory vetting that applies to anyone with direct or indirect ownership and that two of the three ABCC commissioners must approve an application. He warned that adding an unvetted partner or allowing an unapproved manager to exercise authority can put the license at risk.

Why it matters: Licensees who implement changes before completing local‑board and ABCC approvals can face enforcement actions, delays and fiscal losses. The ABCC said investigators can and do check premises, and operations that begin in a newly altered space before the ABC’s on‑site approval are out of compliance.

Key takeaways and compliance steps

• Applications and amendments: Saccomone and staff reviewed the ABCC website (mass.gov/abcc) and the online application checklists for transfers, manager changes, changes of officers/directors or LLC managers, alteration of premises and change of hours. They urged licensees to use the provided checklists and to back communications in writing to their local board for temporary closures or planned renovations.

• Manager and ownership vetting: The ABCC requires vetting of owners, officers, managers and certain board members; statutory disqualifications differ by license type. Saccomone noted pending legislation to allow “character and fitness” relief for long‑ago convictions but said current law can bar ownership for certain felony or narcotics convictions depending on license type. He advised licensees to file amendment applications promptly when managers leave and to have an already‑vetted person cover operations temporarily.

• Transfers and seller liability: Sellers remain responsible for the licensed premises until the full three‑step transfer process (local board approval, ABCC approval, local issuance of the amended hard‑copy license) is complete. Saccomone said selling parties who step away before completion can be charged for violations that occur during the interim.

• Alterations and relocations: Licensees may not operate with alcohol in a newly expanded or relocated space until the local board hearing, ABCC on‑site inspection and commission approval are complete and the local board issues the amended license describing the new space.

• Hours and change of use: If licensees change operating days or hours in a lasting way (for example, converting to nightclub hours or consistently closing Mondays for seasonal reasons), they must file a change of hours application. Temporary single‑day closures (storms, short vacations) may be handled by written notification to the local board, the ABCC said.

• Authorized sources and “bootlegging”: The ABCC advised that licensees must purchase alcoholic beverages only from Massachusetts wholesalers or Massachusetts manufacturers. Saccomone described a recent enforcement example in which product purchased from an out‑of‑state package store was confiscated and destroyed and the licensee received a violation. Licensees were told to use the ABCC’s active‑license list to confirm wholesalers and manufacturers.

• Delivery and third‑party carriers: Delivery has long been allowed subject to requirements. Package stores that deliver must obtain a transportation permit (Mass. Gen. Laws chapter 138, §22) for each vehicle; third‑party carriers (for example, delivery apps) must be licensed and must not be paid a percentage of alcohol sales. The ABCC said delivery fees must be a flat rate, not a percentage, to avoid giving a carrier an impermissible interest in the license.

• ID checks, CORI and compliance checks: General Counsel Kyle Gill reviewed acceptable IDs (Mass. driver’s license, Massachusetts liquor ID, U.S. passport, military ID, plus two newer acceptable documents: valid out‑of‑state driver’s licenses and Global Entry cards when validly issued). Gill recommended ID‑checking guides and scanners and explained the ABCC’s compliance checks: if an operative is asked for ID, they leave and the licensee passes; if they are served without appropriate ID, the licensee faces enforcement. Gill also said the ABCC runs CORI checks and needs full Social Security numbers to run them.

• Service to intoxicated persons and 24J notices: Gill described the factors investigators consider for service to intoxicated persons and summarized the 24J report process (Mass. Gen. Laws ch. 90, §24J) that the courts use to record where defendants report their last drink; he cautioned licensees that multiple 24J reports can trigger ABCC undercover checks.

• Club licenses and entertainment: Club (nonprofit/fraternal) licensees are not open to the public and remain subject to the same ABCC rules (hours, purchase from authorized sources, restrictions on nonmember access) and to any additional conditions the local licensing authority adds.

• Adulterated and hemp‑derived products: The ABCC said recent state determinations by the Department of Agricultural Resources and the Department of Public Health mean hemp‑derived beverages containing CBD or THC are not lawful for sale in Massachusetts; alcohol containing CBD or THC is adulterated and likewise not permitted. Pending legislation could change regulation, but the ABCC advised that such products remain illegal at present.

• Federal wage‑and‑hour and child‑labor rules: Tom Carroll of the U.S. Department of Labor’s Wage and Hour Division briefed attendees on federal requirements that affect restaurants and bars. He reminded employers that federal minimum wage (and overtime where applicable), recordkeeping and child‑labor rules differ from state law and that employers must comply with both. Key points: tipped‑employee rules and overtime calculations can be complex; misclassifying employees as independent contractors or exempt salaried employees can create back‑wage liabilities; 14‑ and 15‑year‑olds face specific hour and task limits; delivery drivers must be at least 18.

Closing: ABCC staff and the U.S. Department of Labor fielded audience questions after the presentation and encouraged licensees to use the ABCC’s website resources, advisory bulletins and the agency contacts provided at the session for follow‑up questions or to request clarification. Saccomone urged “communication” with local boards to avoid enforcement surprises and delays and repeated the department’s telephone contact and web resources.

Ending: ABCC officials said they will continue outreach and recommended that licensees review checklists before filing or implementing operational changes to avoid common violations, fines or suspensions.

Quotes used in this article are from ABCC Executive Director Ralph Saccomone, ABCC General Counsel Kyle Gill and Tom Carroll of the U.S. Department of Labor, as identified in the meeting transcript.