Close-up of various glasses of craft beer.

At the Bar With Bowditch

A Legal Blog for the Craft Brewing Community

‹ Back

Print / Save

Approaching Sunset Date for Temporary Expanded Patio Service and Takeaway/Delivery of Alcohol

By Mark A. Borenstein and Joseph R. Duquette • January 30, 2023

During the early days of the COVID-19 pandemic, Massachusetts lawmakers temporarily authorized on-premises consumption licensees to expand their outdoor dining premises and offer to-go and delivery sales of alcoholic beverages. That temporary authorization is set expire on April 1, 2023.

The Alcoholic Beverages Control Commission (ABCC) issued an advisory in April 2022 encouraging on-premises consumption licensees seeking to continue the service of alcoholic beverages within the expanded outdoor dining premises after April 1, 2023, to apply in the ordinary course for an alteration of premises with their local licensing authorities (LLA). The ABCC advisory further provides that failure to apply will result in the amended licenses to automatically revert to the status prior to the approval of the temporary expansion of outdoor service.

Many on-premises consumption licensees (e.g., restaurants, bars and farmer-breweries) have utilized the temporary outdoor dining program to expand their premises. While Section 12 on-premises consumption licensees may file an alteration of premises application with their LLA to ensure the continued use of their expanded outdoor premises, Section 19B farmer-wineries, Section 19C farmer-breweries, Section 19D pub breweries and Section 19E farmer-distilleries will need to seek amendments to their federal and state permits and licenses before filing an alteration of premises application with their LLA.

Obtaining an alteration of premises can take some time and planning, so please do not hesitate to contact your Bowditch attorney for assistance with the amendment process.

For more information, please see the ABCC advisory referenced above.

Categorized: COVID-19 Resources, Liquor License

Tagged In: Alcoholic Beverages Control Commission, alteration of premises, farmer-breweries, farmer-distilleries, farmer-wineries, takeaway alcohol, temporary outdoor dining program, to-go alcohol sales

About the Authors

Stay Connected

Partner

Mark A. Borenstein

Mark A. Borenstein is an experienced real estate attorney who handles complex land use matters, acquisitions and dispositions, and leasing matters. Mark represents clients in a variety of land use and zoning matters relating to the development of commercial, residential, mixed-use, industrial, life science and institutional projects throughout Central Massachusetts. As a lifelong resident of Worcester, clients often turn to Mark for his broad knowledge of the local Worcester community, culture, and businesses. He is known as a resourceful professional with a distinct ability to bring clients, community members, and governmental stakeholders together.

Stay Connected

More Posts by Author ›

Stay Connected

Associate

Joseph R. Duquette

Joseph Duquette is a land use and real estate lawyer focusing on complex commercial real estate matters primarily involving permitting and environmental compliance. He works with clients in all facets of real estate, and has successfully permitted a wide variety of projects involving high-density multifamily, public utility infrastructure, higher education, and renewable energy, as well as large-scale industrial and life science developments. Joe’s experience also includes representing breweries, wineries, distilleries, restaurants, and retailers in all stages of licensing and regulatory compliance.

Stay Connected

More Posts by Author ›