Massachusetts H 5351: An Act authorizing charity alcohol auctions

Bill Text

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FILED ON: 4/8/2026
HOUSE . . . . . . . . . . . . . . . No. 5351
Substituted by the House, on motion of Mr. Walsh of Peabody, for a bill with the same title
(House, No. 442). April 8, 2026.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act authorizing charity alcohol auctions.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 138 of the General Laws is hereby amended by inserting after
2 section 12D, added by section 51 of chapter 9 of the acts of 2025, the following section:-
3 Section 12E. (a) Notwithstanding any general or special law to the contrary, the local
4 licensing authority in a city or town that votes to authorize the granting of licenses for the sale of
5 alcoholic beverages may grant temporary licenses for the sale of alcoholic beverages to be drunk
6 on the premises to applicants that are nonprofit charitable corporations organized under chapter
7 180 and registered with the non-profit organizations and public charities division of the office of
8 the attorney general.
9 Each such temporary license shall describe the premises to which it applies and shall be
10 granted only for the premises that are the principal place of business or headquarters of the
11 applicant and that are legally zoned to allow such sales, or that are the premises of a licensee
12 under section 12. The temporary license shall not be valid for more than 10 consecutive calendar

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13 days and a holder of any such temporary license shall not be granted more than 2 such licenses in
14 a calendar year. A holder of a temporary license under this subsection shall be permitted to
15 conduct such sales on any day and at any time permitted under said section 12.
16 Alcoholic beverages sold under this subsection may be donated by an individual, by a
17 person licensed to manufacture alcoholic beverages or by a person licensed to sell alcoholic
18 beverages at wholesale or retail pursuant to this chapter at no charge to the license holder and
19 any alcoholic beverages donated may be dispensed by the employees or agents of the donors of
20 such beverages, without compensation for the dispensing services. All proceeds from such sales
21 shall be used for the license holder’s charitable purpose.
22 The fee for the temporary license shall not exceed the minimum fee provided for holders
23 of licenses to sell alcoholic beverages. The application procedures under section 15A shall not
24 apply to temporary licenses under this subsection; provided, however, that such applications may
25 be granted by the local licensing authority according to the local procedures for granting licenses
26 under section 14.
27 (b) Notwithstanding any general or special law to the contrary, the local licensing
28 authority in a city or town that votes to authorize the granting of licenses for the sale of alcoholic
29 beverages may grant temporary licenses for the sale of alcoholic beverages to be drunk on the
30 premises, to joint applicants that consist of not less than 1 nonprofit charitable corporation
31 organized under chapter 180 and registered with the non-profit organizations and public charities
32 division of the office of the attorney general and a licensee under section 12. The temporary
33 license shall describe the premises to which it applies and shall be granted only for the premises
34 of the joint applicant that is a licensee under said section 12. The temporary license shall not be

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35 valid for more than 10 consecutive calendar days and a holder of any such temporary license
36 shall not be granted more than 2 such licenses in a calendar year.
37 A holder of a temporary license under this subsection shall be permitted to conduct such
38 sales on any day and at any time permitted under said section 12. Alcoholic beverages sold under
39 this section may be donated by an individual, by a person licensed to manufacture alcoholic
40 beverages or by a person licensed to sell alcoholic beverages at wholesale or retail pursuant to
41 this chapter at no charge to the license holder and any alcoholic beverages donated may be
42 dispensed by the employees or agents of the donor of such beverages without compensation for
43 the dispensing services. A majority of the proceeds from such sales shall be used for the
44 charitable corporation license holder's charitable purposes.
45 The fee for such temporary license shall not exceed the minimum fee provided for
46 holders of licenses to sell alcoholic beverages at retail. The application procedures under section
47 15A shall not apply to such temporary licenses under this subsection; provided, however, that
48 such applications may be granted by the local licensing authority according to the local
49 procedures for granting licenses under section 14.
50 SECTION 2. Said chapter 138 is hereby fur