Wayne, Richard & Hurwitz LLP – Blog

On April 5, 2012, House Bill 99, an Act providing for designated licenses for the sale of alcoholic beverages and wine and malt beverages at Logan International Airport granted by the licensing board for the city of Boston, underwent a third reading and was passed to be engrossed by the Massachusetts House of Representatives.  We wrote about the bill in a previous blog post, which can be accessed by clicking here.

The bill has been sent to the Massachusetts Senate for readings and a vote, which could happen within the next few weeks.  A passing vote by the Senate would set Bill 99 on the path to Governor Patrick for signature.

House Bill 99 would alter the system of alcoholic beverages licenses for Logan Airport vendors, as well as make the existing thirteen liquor licenses at Logan available to premises outside the airport.

House Bill 1029, which was referred to the Massachusetts Legislature in 2011, would permit out-of-state retailers to ship wine directly to consumers in Massachusetts. Currently, Massachusetts law allows out-of-state manufacturers of wine to ship to Massachusetts customers. If passed, this bill would expand this privilege to out-of-state retailers of wine. Massachusetts retailers are already permitted to sell and ship alcoholic beverages to Massachusetts customers.

The law would establish “direct shipment licenses” for wine retailers, both within and outside of the Commonwealth, which would allow the retailer to sell wine directly to the Massachusetts customer. These licenses would be issued by the Alcoholic Beverages Control Commission (“ABCC”), and the ABCC would only issue such licenses to retailers that are licensed in any state. The law would limit a licensee to shipping no more than 24 cases of wine per year to a Massachusetts resident.

House Bill 1029 is still working its way through the legislative process.

Until recently, the basics of liquor licensing in Massachusetts remained essentially the same since the repeal of Prohibition in the 1930s. Now, however, the times are a changin’—if you represent a restaurant, hotel, package store, supermarket, golf course, winery, brewer, or wholesaler, this program alerts you to the shifting landscape of alcoholic beverages licensing in Massachusetts.

On Tuesday, April 3, 2012 at 3:00 P.M., Wayne, Richard & Hurwitz is chairing Update on Recent Developments & Trends in Alcoholic Beverage Licensing in Massachusetts, an exciting two-hour program at the MCLE Conference Center.  The panel includes:

•             Howard J. Wayne, Esq., Chair, Wayne, Richard & Hurwitz LLP, Boston

•             Gerald J. Caruso, Esq., Rubin and Rudman LLP, Boston

•             Nicole Murati Ferrer, Esq., Licensing Board, City of Boston, Boston

•             William A. Kelley, Jr., Esq., Alcoholic Beverages Control Commission, Commonwealth of Massachusetts

The program will also be available via Webcast.  For more information, or to register, click here.

The Massachusetts Legislature recently heard testimony regarding a bill that would change the liquor licensure procedure for vendors in Logan Airport. House Bill 99 would create a new class of “airport” alcohol license for vendors in Logan Airport.

Logan Airport currently has thirteen liquor licenses for forty vendors that serve alcoholic beverages. Generally, a single liquor license cannot be used to sell alcohol from more than one location. However, Massachusetts law provides for a special exception to airports and sports stadiums and allows for a single liquor license to be used for multiple vendor locations.

If House Bill 99 passes, each airport vendor will be allowed their own alcoholic beverages license. In turn, the existing thirteen liquor licenses can be made available for transfer within the City of Boston, outside the airport. Massachusetts law restricts the total number of alcoholic beverages licenses via a quota system. The “airport” alcohol licenses would not be subject to the quota.

Under HB 99, the “airport” alcohol licenses would be available for vendors within Logan only, and these licenses would not be transferrable like a typical liquor license.

Cristina M. Serrano, an associate at Wayne, Richard & Hurwitz, was recently featured in the Boston Business Journal. In the article, Ms. Serrano discusses the need for practical skills training for junior associates at law firms. The article also notes Wayne, Richard & Hurwitz’s successful work in mentoring and guiding their associates.

The article can be found by clicking here.

Two new bills reached Governor Deval Patrick’s desk yesterday that could impact the way alcoholic beverages are sold and served in Massachusetts.

First, the hotly debated Casino Bill was finally passed by the Massachusetts Senate and House, and now awaits the Governor’s signature. As we mentioned in an earlier posting, a previous version of the legislation would have eliminated the statewide Happy Hour Regulations. Section 26(c) of the Casino Bill, if signed into law by Governor Patrick, will allow casinos to serve free drinks to patrons. In essence, the Happy Hour Regulations will not apply to casinos serving alcohol to patrons under a “gaming beverage license.” Service of free drinks will only be allowed in actual gaming areas.

To address concerns of the restaurant and bar industries, section 106 of the Bill mandates that the Alcoholic Beverages Control Commission (“ABCC”) study the impact of such competition between the gaming industry and on-premises alcohol retailers. The restaurant and bar industries are worried that free drinks at casinos may lure customers away from their establishments. At least two public hearings would be held across the Commonwealth, and the ABCC would issue a report no later than June 30, 2013.

The second bill passed by the legislature and awaiting the Governor’s signature expands the maximum number of off-premises (or package store) alcoholic beverages licenses any single entity can hold in Massachusetts. Previously, an individual, corporation, or other business entity was only allowed to have an interest in three alcoholic beverages licenses. If Governor Patrick signs Senate Bill 2033 into law, the maximum number will increase from three to five in 2012, seven in 2016, and nine in 2020.

Governor Patrick is expected to sign both bills into law early next week.

Wayne, Richard & Hurwitz LLP filed suit last week against Domino’s Pizza, LLC, Domino’s Pizza, Inc., and Deutsche Bank National Trust Company for the death of Richel Nova. The suit is filed on behalf of Irving Lara, the Administrator of Nova’s estate.

Richel Nova was murdered on the night of September 1, 2010 while delivering food to a house in the Hyde Park neighborhood of Boston. Nova worked delivering Domino’s food and was sent by himself to deliver to a house that had been abandoned for over two years. At the caller’s request, Domino’s instructed Nova to deliver food to the back of the house. Upon arrival, Nova was lured into the house, where he was allegedly robbed and stabbed to death by three suspects. The suspects are due to stand trial for Richel Nova’s murder.

In the Complaint, Lara alleges that Domino’s was negligent and is responsible for the wrongful death and conscious pain and suffering of Richel Nova. According to the Complaint, Domino’s placed Nova in a highly dangerous situation by sending him alone to deliver food to the back entrance of an abandoned house, while informing the orderer that Nova would be carrying cash.

In addition, Lara alleges that Deutsche Bank was negligent and is responsible for the wrongful death and conscious pain and suffering of Richel Nova. As holder of legal title to the abandoned property in question, Deutsche Bank had a duty to adequately secure the house to prevent trespassers and those who seek to use the premises for criminal activity. Deutsche Bank made no effort to secure a property that lay abandoned for over two years.

The following media outlets have also reported on the story:

Boston Globe
Boston Herald
Wall Street Journal
CBS Boston