MASSACHUSETTS.

The following law was adopted in 1875, taking the place of the old prohibitory law:

AN ACT TO REGULATE THE SALE OF INTOXICATING LIQUORS. Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows:

SECTION 1. No person shall sell, or expose, or keep for sale spirituous or intoxicating liquors, except as authorized in this act. Provided, however, that nothing herein contained shall apply to sales made by any person under any provision of law requiring him to sell personal property; or to sales of cider and of native wines by the makers thereof, not to be drunk on their premises.

SEC. 2. Druggists and apothecaries may sell pure alcohol for medicinal, mechanical, or chemical purposes; they may also sell liquors of any kind, not to be drunk on their premises, under a license of the fourth class hereinafter mentioned. Provided, however, that druggists shall not be subject to the second clause of section six of this act when the sale is made upon the prescription of a physician.

SEC. 3. Importers of liquor of foreign production imported under authority of the laws of the United States may own, possess, keep, or sell such liquor in the original casks or packages in which it was imported, and in quantities not less than those in which the laws of the United States require such liquors to be imported, and, when sold, such liquor shall be as pure and unadulterated as when imported.

SEC. 4. Licenses may be granted annually to persons applying for the same by the mayor and aldermen of cities or the selectmen of towns, and every license shall be signed by the mayor or the chairman of the selectmen, and by the clerk of the city or town by which it is issued, and shall be recorded in the office of such clerk, who shall be paid by the licensee one dollar for recording the same. It shall name the person licensed, shall set forth the nature of the license and the building in which the business is to be carried on, and shall continue in force until the first day of the May next ensuing, unless sooner forfeited or rendered void.

SEC. 5. The mayor and aldermen of any city, and the selectmen of any town, may at any time refuse to issue a license to any person whom they deem unfit to receive the same; but nothing in this act shall be so construed as to compel said mayor and aldermen or selectmen to grant licenses.

SEC. 6. Each license shall be expressed to 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 no sale of spirituous or intoxicating liquor shall be made between the hours of twelve at night and six in the morning, nor during any part of the Lord's day, except that if the licensee is also licensed as an innholder, he may supply such liquor to guests who have resorted to his house for food or lodging.

Third. That no liquor except such as is of good standard quality and free from adulteration shall be kept or sold on the premises described in the license.

Fourth. That no sale or delivery of liquor shall be made on the premises described in the license to a person known to be a drunkard, or to an intoxicated person, or to a minor.

Fifth. That there shall be no disorder, indecency, prostitution, lewdness, or illegal gaming on the premises described in the license, or on any premises connected therewith by any interior communication.

Each license of the second, third, and fifth classes shall be subject to the further condition that no spirituous or intoxicating liquors, except those the sale of which is allowed by the license, shall be kept on the premises described in the license. And each license of the first, second, and third classes shall be subject to the further condition that the licensee shall not keep a public bar, and shall hold a license as an innholder or common victualler. The mayor and aldermen of cities and selectmen of towns are hereby authorized to grant licenses to persons to be innholders and common victuallers.

Sixth. That the license, or a copy thereof, certified by the clerk of the city or town by which it was issued, shall be displayed on the premises, in a conspicuous position, where it can easily be read.

Seventh. It shall be further expressed in each license that it shall be subject to a forfeiture, as herein provided, for breach of any of its conditions; and that in case the licensee is convicted in any court of competent jurisdiction of having violated any of such conditions, his license shall thereupon become void.

SEC. 7. Licenses shall be of the following classes:

First class. To sell liquors of any kind, to be drunk on the premises.

Second class. To sell malt liquors, cider, and light wines containing not more than fifteen per centum of alcohol, to be drunk on the premises.

Third class. To sell malt liquors and cider, to be drunk on the premises.

Fourth class. To sell liquors of any kind, not to be drunk on the premises.

Fifth class. To sell malt liquors, cider, and light wines, containing not more than fifteen per centum of alcohol, not to be drunk on the premises.

SEC. 8. The fees for licenses shall be as follows:

For a license of the first class, not less than one hundred dollars nor more than one thousand dollars.

For a license of the second or third class, not less than fifty dollars nor more than two hundred and fifty.

For a license of the fourth class, not less than fifty dollars nor more than five hundred dollars. Provided, however, that a distiller shall pay not less than three hundred dollars nor more than five hundred dollars. Provided, secondly, that distillers distilling not over fifty barrels annually shall pay a license fee of fifty dollars.

For a license of the fifth class, not less than fifty dollars nor more than one hundred and fifty dollars. Provided, however, that a brewer shall pay not less than two hundred dollars nor more than four hundred dollars.

SEC. 9. No license shall be issued until the license fee has been paid to the treasurer of the city or town by which it is to be issued, and until he has received a satisfactory bond, payable to him as such treasurer, in the sum of one thousand dollars, signed by the licensee and sufficient surety or sureties, who shall be jointly and severally liable, and conditioned for the payment of all costs, damages, and fines incurred by violation of the provisions of this act. Separate suits may be brought on said bond by any person at his own expense. Such bond, after approval, shall be filed in the office of the city or town clerk, and may be sued in any court having jurisdiction under the provisions of this act, and a certified copy thereof shall be admissible in evidence, and shall have the same force and effect as the original bond would have, if offered in evidence. The bond to be taken in each case may be in the following form:

. KNOW ALL MEN BY THESE PRESENTS, That we, A B, of the city . of (or town of) and county of as principal, and C D, of the city of (or town of)

,

and E F, of

the city of (or town of)

as sureties, are held and firmly bound unto the treasurer of the city of (or town of)

in

the sum of one thousand dollars, to which payment, well and truly to be made, we bind ourselves and our legal representatives."

day of

, A.D.

"The condition of this obligation is such that whereas the above bounden A B has this day been licensed by license No. , by the mayor and aldermen of the city of (or the selectmen of the town of) in the county of now if the said A B shall well and truly comply with all the provisions of the act under which said license is issued, and also shall pay all damages which shall be recovered from him under and pursuant to the provisions of said act, then this bond to be void, otherwise of full force in the law.

"Executed in presence of "

SEC. 10. The treasurer of a city or town shall pay to the treasurer of the Commonwealth one-fourth of all moneys received by him for licenses within one month after he receives the same.

SEC. 11. The mayor and aldermen of a city, or the selectmen of a town, or any police officer or constable specially authorized by them, may at any time enter upon the premises of any person licensed to sell under this act, to ascertain the manner in which such person conducts his business, and to preserve order. And such police officers or constables may at any time take samples for analysis from any liquors kept on such premises, and the vessel or vessels containing such samples shall be sealed on the premises by the seal of the vender, and shall remain so sealed until presented to the assayer for analysis. The city or town shall pay for the samples so taken. Provided, such liquors are found to be of good quality, and free from adulteration.

SEC. 12. The mayor and aldermen or the selectmen of the city or town by which a license has been issued, after notice to the licensee and reasonable opportunity for him to be heard by them, or by a committee of their number, may declare his license forfeited upon proof satisfactory to them that he has violated, or permitted to be violated, any of the conditions thereof. The pendency of proceedings before any court or justice shall not suspend or interfere with the power herein given to decree a forfeiture.

The licensee shall be disqualified to receive a license for one year after the expiration of the term of the license so forfeited, and no license shall be issued to be exercised on the premises described in such forfeited license for the residue of the term thereof. Provided, the licensee is the owner of said premises.

SEC. 13. Any person convicted of a violation of any of the provisions of his license or of this act shall be punished by a fine not less than fifty nor more than five hundred dollars, or imprisonment not less than one nor more than six months, or by both such fine and imprisonment. Any licensed person so convicted shall, in addition to said penalties, forfeit his license, and shall be disqualified to hold a license for the period of one year after such conviction, and no license shall be exercised on the premises described in the forfeited license during the residue of the term thereof. Provided, the licensee is the owner of said premises. And said mayor and aldermen of cities and selectmen of towns shall be required to prosecute to final judgment all violations of this section.

SEC. 14. If a person in a state of intoxication commits an assault and battery, or injures property, whoever furnished him with any part of the liquor which occasioned his intoxication, if the same was furnished in violation of this act, shall be liable to the same action by the party injured as the person intoxicated would be liable to; and the party injured, or his or her legal representative, may bring either a joint action against the person intoxicated and the person who furnished the liquor, or a separate action against either. SEC. 15. Whoever, by himself or his agent or servant, shall sell or give intoxicating liquor to any minor, or allows a minor to loiter upon the premises where such sales are made, shall forfeit one hundred dollars for each offence, to be recovered by the parent or guardian of such minor in an action of tort.

SEC. 16. The husband, wife, parent, child, guardian, or employer of any person who has or may hereafter have the habit of drinking spirituous or intoxicating liquor to excess, may give notice in writing, signed by him or her, to any person requesting him not to sell or deliver spirituous or intoxicating liquor to the person having such habit. If the person so notified at any time, within twelve months thereafter, sells or delivers any such liquor to the person having such habit, or permits such person to loiter on his premises, the person giving the notice may, in an action of tort, recover of the person notified such sum, not less than one hundred nor more than five hundred dollars, as may be assessed as damages. Provided, the employer giving said notice shall be injured in his person or property. A married woman may bring such action in her own name, and all damages recovered by her shall inure to her separate use. In case of the death of either party, the action and right of action shall survive to or against his executor or administrator.

SEC. 17. The delivery of intoxicating liquors in or from any building, booth, stand, or other place, except a private dwellinghouse, or in or from any private dwelling-house, if any part thereof