Lena Savoie
Alcohol licensing laws vary across the United States, and Massachusetts is no exception. While some states, like Pennsylvania, have laws prohibiting the return of alcohol, Massachusetts does not have such a law. In fact, according to Massachusetts state law, a spoiled bottle of wine is considered an ordinary and usual commercial reason for a return. However, it's worth noting that Massachusetts has other unique alcohol laws, such as prohibiting happy hours and bulk-buy discounts for customers.
| Characteristics | Values |
|---|---|
| Returning alcohol in Massachusetts | Not illegal, but depends on the store policy |
| Spoiled alcohol | Can be returned for a refund or exchange |
| Unopened alcohol | Cannot be returned |
| Alcohol bought in error | Can be returned for a refund or exchange |
| Advertising of "money-back guarantees" | Not allowed |
| Alcohol possession by minors | Illegal unless in the presence of a consenting parent or guardian, a spouse who is 21 or older, or for work |
| Alcohol sale on election day | Illegal |
| Happy hours | Illegal |
| Bulk buy discount | Retailers are prohibited from passing on to customers |
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What You'll Learn
Returning spoiled alcohol
> 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. Faulted wine is an "ordinary and usual commercial reason."
This means that while retailers are not prohibited from accepting returns of spoiled alcohol, they are also not required to do so. It is at the retailer's discretion. Some retailers may have policies that allow returns or exchanges for spoiled alcohol, while others may have an all sales final policy. It is always a good idea to check the return policy of the retailer before making a purchase.
If you have purchased a spoiled bottle of alcohol, it is recommended to contact the store manager or customer service to discuss a return or exchange. It is important to provide proof of purchase and to return the bottle with the original cork or seal intact if possible. Some retailers may also accept returns if the alcohol was purchased as part of a larger grocery shop and paid for by credit card, as they can process a refund through the credit card company.
It is worth noting that returned bottles are typically not put back on the shelves for resale. Instead, they are often returned to the distributor, who incurs the cost. Additionally, some retailers may only offer exchanges or swaps for spoiled bottles rather than monetary refunds.
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Alcohol licensing laws
In Massachusetts, it is illegal to sell alcohol on election days while polls are open, and happy hours are prohibited. Retailers are also forbidden from passing on their bulk-buy discounts to customers. Dry townships within the state that ban the sale of alcohol include Alford, Chilmark, Dunstable, Gosnold, Hawley, and Montgomery, among others. The punishment for attempting to buy alcohol under the age of 21 includes a fine of $300 and a 180-day license suspension. A second conviction carries a fine of up to $150.
Massachusetts alcohol laws impose strict penalties for driving under the influence, including fines, license suspension, and jail time. Refusing to take a BAC test will result in a license suspension, with longer suspensions for subsequent refusals. While drivers can refuse a field sobriety test, these tests are subjective and unreliable, and police may use deceptive tactics to persuade individuals to take them.
Regarding the return of alcohol, Massachusetts law does not explicitly prohibit the return or acceptance of alcoholic beverages for ordinary commercial reasons, such as spoiled or faulty wine. However, it is important to note that retailers cannot buy back wine from customers, and sales to consumers are typically final. Additionally, consumers were once prohibited from returning alcoholic beverages under federal law, but since 1961, the return or exchange of spoiled or contaminated alcohol has been permitted.
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Selling alcohol to minors
In Massachusetts, state law does not prohibit the return or acceptance of alcohol for "ordinary and usual commercial reasons" after it has been sold. Faulty wine would be considered an "ordinary and usual commercial reason". However, an establishment may have its own "all sales final" policy.
Now, selling alcohol to minors is a serious offence in Massachusetts. The state's Social Host Law stipulates that anyone who knowingly or intentionally provides or allows a person under 21 years of age, except for their children or grandchildren, to possess or consume alcoholic beverages on their premises or property can be charged criminally. The offence carries a penalty of up to one year in jail and a $2,000 fine. To be charged, it must be proven that the provider knew the person was under 21 and intended to provide them with alcohol.
Furthermore, it is illegal for anyone under the age of 21 to transport alcohol unless they are accompanied by a parent or guardian or are between 18 and 21 and transporting alcohol as part of their job. Minors who attempt to purchase alcohol face a fine of $300 and a 180-day suspension of their driver's license. The use of fake IDs can result in a fine of up to $200 or imprisonment for up to three months.
Massachusetts has also clarified the concept of "social host liability", which addresses whether a host can be sued for damages or injuries caused by underage drinkers at a party. The Supreme Judicial Court has ruled that social hosts can only be held liable if they provide or control the provision of alcohol to guests, regardless of their age.
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Alcohol sale on election day
In Massachusetts, it is illegal to sell alcohol on any election day while the polls are open. This is one of several specific laws regarding alcohol in the state. For example, happy hours are illegal in Massachusetts, and retailers are prohibited from passing on their bulk-buy discounts to customers.
Massachusetts alcohol laws permit adults (those aged 18 or older) to serve or bartend in venues selling alcohol for on-site drinking. They also allow adults to sell alcohol in stores for off-site drinking. It is illegal for anyone under the age of 21 to possess alcohol, with some exceptions. These include possession in the presence of a consenting parent or guardian, with a spouse who is 21 or older, or for adults as part of their job. It is illegal for those under 21 to buy alcohol, and it is a crime to use a false ID to do so. It is also illegal to give alcohol to anyone under 21 who is not a family member, which is called "unlawfully dealing with a minor."
Regarding the return of alcohol, there is no Massachusetts state law prohibiting the return of spoiled or faulty wine. However, some retailers may have their own policies regarding returns. According to Massachusetts law, no licensee shall:
> "buy or sell, or offer or contract to buy or sell, any alcoholic beverages [...] 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. Faulted wine is an 'ordinary and usual commercial reason.'"
This means that while the sale of alcohol with the privilege of return is prohibited, the return of faulty or spoiled alcohol for legitimate commercial reasons is allowed. It is important to note that individual retailers may have their own policies regarding returns, and it is always a good idea to check with the store before assuming a return will be accepted.
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Alcohol sale in dry townships
Massachusetts was one of the first states to adopt Prohibition when the United States went dry in 1920. Although Prohibition was repealed in 1933, there are still several towns in Massachusetts that have remained "dry," meaning they forbid the sale of any kind of alcoholic beverage. These include Alford, Dunstable, Chilmark, Gosnold, Hawley, Montgomery, West Hampton, and Mount Washington.
The number of dry towns in Massachusetts has decreased over time. For example, Rockport was a dry town from 1856 until 2006, when it approved alcohol consumption in restaurants. In 2019, Rockport further lifted restrictions to allow take-home alcohol sales in its only grocery store, Whistlestop Market.
It is worth noting that the dry laws in Massachusetts do not apply to the return of alcoholic beverages. While individual stores may have their own policies, there is no state law prohibiting the return or refund of alcohol for valid reasons such as spoilage or quality issues. In fact, it is considered an "ordinary and usual commercial reason" to return faulty or spoiled alcohol, and retailers are expected to accept such returns. However, there may be variations in alcohol licensing laws across different counties and states in the US, which can lead to confusion among consumers and retailers alike.
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Frequently asked questions
No, it is not illegal to return alcohol in Massachusetts. While alcohol licensing laws vary across the US, MA law does not prohibit the return of alcohol.
Yes, a consumer may exchange or receive a refund on an item purchased in error if the unopened container is returned to the seller.
Yes, in 1961, the Federal Government approved the return of alcoholic beverages that were spoiled, deteriorated, contaminated, or otherwise unfit for human consumption. This approval was made on the condition that there would be a bottle-for-bottle exchange or cash refund for the unsatisfactory merchandise.
Yes, you can return unopened and untampered liquor to a grocery store, liquor store, or convenience store. However, advertising "money-back guarantees" is specifically disapproved.
