Recent Legislation Further Extends Expansion of Patio Service and Takeaway/Delivery of Alcohol by On-Premises Licensees

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In a previous blog post, we had advised that extensions for outdoor dining and sale of alcoholic beverages to-go were set to expire on April 1, 2023. On March 23, 2023, however, the Legislature passed House Bill 3458, extending the outdoor dining and sale of to-go alcoholic beverages for an additional year.

The Bill now rests on Governor Healey’s desk, and once signed will have immediate effect.

In light of the legislation, the Alcoholic Beverages Control Commission (ABCC) is expected to issue an advisory regarding the further expansion of patio service and takeaway/delivery of alcohol by on-premises licensees. While the extension is a welcome sight for restauranteurs and on-premises licensees, we recommend that such businesses begin the licensing process with their Local Licensing Authorities (LLA) as opposed to waiting for the deadline to approach.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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