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SD 2612

An Act updating section 12½

194th Legislature (2025-2026) Introduced by Paul Mark

Allows on-premises alcohol licensees to sell beer, wine, and sealed mixed drinks for off-premises pickup/delivery when bundled with on-site food, under age, packaging, and quantity

Referred to the committee on Consumer Protection and Professional Licensure
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Bill Summary · SD 2612

Summary: Senate Bill 2612 – An Act updating section 12½

Overview

Bill SD 2612, titled “An Act updating section 12½,” is a proposed Massachusetts law filed on January 21, 2025 and introduced to the Senate on February 27, 2025 by Sen. Paul W. Mark. The bill seeks to update the state’s liquor law (Chapter 138) by replacing subsection (b) of section 12½ to permit certain off-premises sales of beer, malt beverages, wine, and mixed drinks by establishments licensed for on-premises alcohol service, subject to specific conditions. As of the latest status, the bill has been referred to the Committee on Consumer Protection and Professional Licensure, with earlier referrals to Rules of the two branches.

Purpose and intent

  • Create a framework allowing on-premises alcohol licensees (restaurants, taverns, etc.) to offer off-premises sales of beer, malt beverages, wine, and mixed drinks.
  • Establish safeguards focused on age verification, product packaging, timing, accompanying food, quantity limits, and transportation to reduce risks associated with off-premises alcohol consumption.

Key provisions (subsection (b) – new language)

Establishments licensed to sell all alcoholic beverages for on-premises consumption may sell off-premises:
1) Alcoholic products: beer, malt beverages, wine, and mixed drinks.
2) Age verification: sales/delivery may not occur to anyone under 21; delivery must verify the recipient’s age at the point of delivery.
3) Packaging: mixed drinks must be sold in a sealed container.
4) Transaction requirements and food pairing:
- Off-premises sale must be part of the same transaction as the purchase of food.
- The order including alcohol must be placed no later than the license’s permitted alcohol-sale hour or 12:00 a.m., whichever is earlier.
- The transaction must include at least one item of food prepared on-site sufficient to serve one person.
5) Quantity limit: a customer may purchase up to 64 fluid ounces of mixed drinks per transaction (in line with the above food requirement).
6) Transportation restrictions: if the mixed drink is transported by vehicle (delivery or pickup), the driver must keep the drink in the vehicle’s trunk or other non-passenger area, as defined by state traffic regulations.

Who/what is affected

  • Affected entities: Establishments licensed for on-premises sale of all alcoholic beverages (e.g., restaurants, bars) that currently sell alcohol only for on-site consumption.
  • Consumers: Off-premises customers ordering beer, wine, and mixed drinks alongside food.
  • Delivery personnel and licensees: Must comply with age verification, sealed containers, and transportation provisions.

Procedural and timeline aspects

  • Introduction: February 27, 2025.
  • Legislative actions recorded: Referred to the Rules of the two branches (concurrent) on introduction; subsequently referred to the Committee on Rules and later to the Committee on Consumer Protection and Professional Licensure.
  • Status as of latest record: Rules suspension noted on August 4, 2025, with referral to the CPPL committee.

Potential impact and considerations

  • Expands off-premises alcohol options for on-premises licensees, potentially increasing convenience for customers and ancillary sales for restaurants.
  • The必须 age-verification and sealed-container requirements strengthen consumer protection and safe transport.
  • The 64-ounce limit and the on-site food requirement are designed to curb large off-premises alcohol purchases and ensure meals accompany alcohol consumption.
  • Implementation will require licensees to adjust operations, including point-of-sale integration for mixed-drink orders, packaging practices, delivery verification, and driver logistics.

This summary reflects the bill’s text and stated provisions as filed; additional amendments or committee actions could modify these provisions.

Compiled from official sources — confirm details with the bill’s official record.

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