Mass. Gen. Laws » Part I Title XX Chapter 138
Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 2 (2026)

Manufacture and sale of alcoholic beverages

✓ current as of July 2026
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Section 2. No person shall manufacture, with intent to sell, sell or expose or keep for sale, store, transport, import or export alcoholic beverages or alcohol, except as authorized by this chapter; but the provisions of this chapter shall not apply to sales, storage or transportation by a person or public officer under a provision of law which requires him to sell personal property, or to sales, storage or transportation by executors, administrators, receivers and trustees duly authorized by proper judicial order or decree, except that any receiver or trustee in bankruptcy or otherwise appointed by any court, who is authorized by said court to conduct in whole or in part any business, authority to grant a license for which is given by this chapter, or who does conduct any such business in whole or in part, shall be subject to all provisions of the sections under which their licenses were issued and to all other provisions of this chapter applicable to such business the same as if it were conducted by an individual, partnership or corporation. No alcoholic beverage which has been damaged by fire or other casualty may be offered for sale in the commonwealth and any such beverage shall be destroyed by the owner on such terms and conditions as the commission shall determine. Notwithstanding any other provision of this section, beer or other malt beverage, which has been determined by the alcoholic beverages control commission, to have been damaged by fire or other casualty shall not be offered for sale in the commonwealth and shall be destroyed by the owner on such terms and conditions as said commission shall determine. Any holder of a license under this chapter may pledge or mortgage to secure a loan or debt any alcoholic beverages or alcohol which he is authorized to sell and the pledgee or mortgagee acting in conformity with the terms of such pledge or mortgage may sell, store and transport such alcoholic beverages or alcohol subject to such conditions and restrictions as the commission may prescribe; provided, that no such pledge or mortgage shall be given or made to a person holding any interest in a business licensed under this chapter. Violation of any provision of this section shall be punished except as provided in section twenty-two by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than one year, or both.

Notes of Decisions
Cited in 15 cases, 1922–2014 · leading case: Fam. Winemakers of California v. Jenkins, 592 F.3d 1 (1st Cir. 2010).
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Fam. Winemakers of California v. Jenkins, 592 F.3d 1 (1st Cir. 2010). “Mass. Gen. Laws ch. 138, §§ 2 and 19. Wholesalers then must obtain licenses to sell to retailers.”
Hastings Assocs., Inc. v. Local 369 Bldg. Fund, Inc., 675 N.E.2d 403 (Mass. App. Ct. 1997). “” The plaintiff does not seriously dispute that the parties’ actions undertaken pursuant to the lease agreement at issue effectively resulted in an illegal transfer of the defendant’s liquor license to the plaintiff in violation of G.”
Whitehall Co. v. Merrimack Valley Distrib. Co., 780 N.E.2d 479 (Mass. App. Ct. 2002). “138, *855 § 23, or to imposition of criminal penalties, G. L. c. 138, §§ 2, 62. In November, 1996, the plaintiff commenced the present action in Superior Court alleging that Merrimack had engaged in unfair competition and had committed an unfair or deceptive practice, all in…”
Cellarmaster Wines of Massachusetts, Inc. v. Alcoholic Beverages Control Comm'n, 534 N.E.2d 21 (Mass. App. Ct. 1989). · cites it 2× “The Legislature has set out a broad prohibition in the first sentence of G. L. c. 138, § 2, as appearing in St. 1943, c.”
Miller Brewing Co. v. Alcoholic Beverages Control Comm'n, 780 N.E.2d 80 (Mass. App. Ct. 2002). · cites it 2× “138, § 25A, Miller had discriminated in the price of alcoholic beverages it sold to Massachusetts wholesalers, and, in violation of G. L. c. 138, § 2, had sold alcoholic beverages to a Massachusetts merchant lacking the necessary license under G.”
Commonwealth v. Cadoret, 447 N.E.2d 685 (Mass. App. Ct. 1983). · cites it 2× “[2] The charged offenses were the following: keeping and exposing alcohol on March 1 and 8, in violation of G.L.c. 138, § 2; operating an unlicensed Sunday dance on March 1, 8 and 15, in violation of G.”
Van Munching Co. v. Alcoholic Beverages Control Comm'n, 670 N.E.2d 401 (Mass. App. Ct. 1996). “The commission’s argument is, in essence, that under G. L. c. 138, § 2, as amended by St. 1973, c.”
Zenon v. R. E. Yeagher Mgmt. Corp., 748 A.2d 900 (Conn. App. Ct. 2000). “The court found that the parties’ actions pursuant to the lease agreement effectively resulted in an illegal transfer of the defendant’s liquor license to the plaintiff in violation of Mass. Gen. Laws c. 138, §§ 2 and 23. Id., 174.”
Wine & Spirits Wholesalers of Massachusetts, Inc. v. Net Contents, Inc., 10 F. Supp. 2d 84 (D. Mass. 1998). “M.G.L. c. 138 §§ 2, 22 & 62 (1991). The statute does not confer upon the plaintiff, either expressly or implic *87 itly, any right to restrain Virtual Vineyard’s activities, even if they violate its provisions, Nor does Chapter 138 evidence any special legislative concern for…”
Gabis, 134 N.E. 267 (Mass. 1922). “The petitioner must have been discharged on September 4, 1921.”
Commonwealth v. Reid, 898 N.E.2d 520 (Mass. App. Ct. 2008). · cites it 3× “266, § 60; (4) unlawful sale of liquor, G. L. c. 138, § 2; (5) keeping a noisy and disorderly house, G.”
Commonwealth v. Donnelly, 246 Mass. 507 (Mass. 1923). “G. L. c. 138, § 2. There was ample evidence tending to support the charge.”
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