(1) Pursuant to authority granted to it under M.G.L. c. 138, § 29, the Board may issue to a registered pharmacist who is the Manager of Record of a pharmacy or pharmacy department a certificate of fitness permitting the pharmacy to use alcohol for the manufacture of U.S. Pharmacopoeia or National Formulary preparations and all medicinal preparations unfit for beverage purposes, and to sell alcohol as authorized under M.G.L. c. 138.
(2) A pharmacist Manager of Record, acting on behalf of a pharmacy or pharmacy department, may apply to the Board for the issuance of a certificate of fitness. A completed application shall:
(a) be fully and properly completed and signed, under penalties of perjury, by the pharmacist Manager of Record who shall manage and operate the pharmacy or pharmacy department; and
(b) be accompanied by a check or money order, in the proper amount, made payable to the "Commonwealth of Massachusetts Board of Registration in Pharmacy."
(3) An applicant for a certificate of fitness may be required by the Board to furnish evidence satisfactory to the Board that he or she is a proper person to be entrusted with the authority to manufacture and sell alcoholic beverages and that the issuance of such certificate shall promote the public good.
(4) The Board may require a personal interview with an applicant for a certificate of fitness to determine the merits of any application for such certificate.
(5) A certificate of fitness which is issued by the Board to a pharmacy or pharmacy department shall be issued in the name of the pharmacist who manages and operates the pharmacy or pharmacy department and is not transferable.
(6) A pharmacy or pharmacy department under the supervision of its pharmacist Manager of Record shall comply with the following requirements regarding the sale or transfer of alcohol or alcoholic beverages:
(a) Prescriptions for alcoholic beverages shall be maintained in a separate file and shall not be refilled;
(b) any authorized sale or transfer of alcohol or alcoholic beverages which can be used for human consumption shall be made by a registered pharmacist, or by an adult non-pharmacist employee at the direction, and under the supervision of, a registered pharmacist on the premises;
(c) no sale or transfer of any alcohol or alcoholic beverage which can be used for human consumption shall be made to a minor;
(d) except upon the written prescription of a practitioner, or except as may be otherwise provided by the local licensing authorities, a pharmacy or pharmacy department which is licensed by the local licensing authority under the provisions of M.G.L. c. 138, § 30A to sell or transfer alcoholic beverages shall neither sell nor transfer such alcoholic beverages on Sundays or legal holidays, or during polling hours, or on any day on which a state or municipal election, caucus, or primary is held in the city or town in which said pharmacy or pharmacy department is located;
(e) a pharmacy or pharmacy department which holds a license, issued by local licensing authorities under the provisions of M.G.L. c. 138, or which holds a certificate of fitness under the provisions of M.G.L. c. 138, §§ 29 and 30, shall not in any way advertise the sale of alcohol, wines, malt beverages, or alcoholic beverages;
(f) prior to the sale or transfer of any alcoholic beverage, a pharmacy or pharmacy department which is licensed by the local licensing authorities under the provisions of M.G.L. c. 138, § 30A shall record in a bound record book , organized in accordance with M.G.L. c. 138, § 30E, at the time of every sale, the date of the sale or transfer, the name and address of the purchaser, and the kind, quantity, price and intended use of said beverage;
(g) in accordance with the provisions of 247 CMR 6.08(7)(f), whenever a pharmacy or pharmacy department which is licensed by local licensing authorities under the provisions of M.G.L. c. 138, § 30A sells or transfers an alcoholic beverage to a purchaser, said purchaser shall sign in the bound record book a dated statement substantially as follows: "I wish to purchase (name of alcoholic beverage). I certify that I am of statutory age to purchase alcoholic beverages and that the alcoholic beverage is to be used for mechanical, chemical, medicinal purpose." (A line shall be drawn through the words which do not indicate the purpose of the purchase.)
(h) in accordance with the provisions of 247 CMR 6.08(7)(f), whenever a pharmacy or pharmacy department which is licensed by local licensing authorities under the provisions of M.G.L. c. 138, § 30A transacts a sale or transfer pursuant to the written prescription of a practitioner, in addition to the information required by 247 CMR 6.08(7)(f), there shall also be recorded in the bound record book the name of the practitioner; and
(i) a pharmacy or pharmacy department which is licensed by local licensing authorities under the provisions of M.G.L. c. 138, § 30A may display alcoholic beverages only in a small case or on shelving located at the rear of the pharmacy, provided that the total area used for such display shall not exceed 18 square feet.
(7) The Board or local licensing authorities, may, after giving a hearing to the interested parties, revoke or suspend the certificate of fitness for any cause which they may deem proper, and such revocation shall suspend all authority the pharmacist, pharmacy or pharmacy department was granted by 247 CMR 6.08(7).
