Code of Massachusetts Regulations
204 CMR - ALCOHOLIC BEVERAGES CONTROL COMMISSION
Title 204 CMR 2.00 - Regulations Of The Alcoholic Beverages Control Commission
Section 2.04 - Sales

Universal Citation: 204 MA Code of Regs 204.2

Current through Register 1518, March 29, 2024

(1) No holder of a license issued under M.G.L. c. 138, § 15 shall sell or offer to sell any alcoholic beverages at a price less than invoiced cost. Cost is defined as net cost appearing on the invoice for said alcoholic beverage. The use of any device, promotion or scheme which results in the sale of alcoholic beverages at less than invoiced cost is prohibited.

(2) Donations of alcoholic beverages by licensees for the purpose of having the same used as prizes in any game of chance are prohibited.

(3) No licensee shall buy or sell, or offer or contract to buy or sell, any alcoholic beverages on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a sale or purchase in good faith. 204 CMR 2.00 shall not prohibit the return, or acceptance of the return, of alcoholic beverages for ordinary and usual commercial reasons arising after the merchandise has been sold.

(4) No Hotel, Restaurant, Club, Tavern or "Package Goods" Store shall buy, or contract to buy, any alcoholic beverages from any Manufacturer or Wholesaler and Importer on consignment or under conditional sale or with the privilege of return or on any basis otherwise than a sale in good faith; provided, that 204 CMR 2.00 shall not prohibit the return of alcoholic beverages for ordinary and usual commercial reasons arising after the alcoholic beverages have been purchased.

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