Applying for a Massachusetts retail liquor license? Here's what you may not know on citizenship and residency requirements
Retail liquor licenses generally come in two flavors in Massachusetts - Section 12 “pouring” licenses for restaurants and bars and Section 15 “off-premises” licenses for package stores or convenience or grocery stores selling beer and wine.
Individual applicants for either a pouring or off-premise license must be both a citizen of the United States and a resident of Massachusetts. Partnerships may be granted a license if each and every partner meet the same requirements.
Of course, most businesses prefer to have a legal entity hold their liquor licenses due to liability risks. For corporations applying for off-premises licenses, the applicant must be incorporated under the laws of commonwealth, all directors must be United States citizens, and a majority of the directors must be residents of Massachusetts. For corporations applying for on-premises licenses, the majority of directors must be U.S. citizens. LLCs are analogized to corporations, with managers standing in for directors. Crucially, there are no such citizenship requirements on stockholders (for a corporation) or members (of an LLC).
Corporate and LLC licensees for both types of licenses must also appoint a manager of record who has the authority and control to manage the licensed premises as if the licensee was a natural person. Or, in humanspeak, there must be someone at the bar, restaurant, or store who can keep an eye on things and make sure all laws are followed. This manager of record must be a United States citizen.
The attorneys at Levine Law can make the daunting liquor license application process seem like a breeze. Visit us today at www.levinelawma.com