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

Mass. Gen. Laws ch. 138, § 26 (2026)

Issuance of license and permit to aliens; appointment of local manager or principal representative by foreign corporations

✓ current as of July 2026
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Section 26. No license for the sale of alcoholic beverages or alcohol and no vehicle permit for the transportation thereof shall be issued to any person who is not, at the time of their application therefor, a citizen of the United States or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101, or to any agent of any such person, or to any corporation a majority of whose directors are in fact aliens, and no person not such a citizen or qualified alien shall be appointed as manager or other principal representative of any licensee; provided, that nothing herein shall prevent the granting of a license under section eighteen A to any corporation organized under the laws of a foreign country or the granting of a vehicle permit to such a corporation so licensed.

No corporation, organized under the laws of the commonwealth or of any other state or foreign country, shall be given a license to sell in any manner any alcoholic beverages unless such corporation shall have first appointed, in such manner as the licensing authorities by regulation prescribe, as manager or other principal representative, a citizen of the United States or a qualified alien under the Immigration and Nationality Act, 8 U.S.C. 1101, and shall have vested in them by properly authorized and executed written delegation as full authority and control of the premises, described in the license of such corporation, and of the conduct of all business therein relative to alcoholic beverages as the licensee itself could in any way have and exercise if it were a natural person resident in the commonwealth, nor unless such manager or representative is, with respect to their character, satisfactory to the licensing authorities.

No provision of this chapter shall impair any right growing out of any treaty to which the United States is a party.

Notes of Decisions
Cited in 7 cases, 1981–2012 · leading case: Howard Johnson Co. v. Alcoholic Beverages Control Comm'n, 510 N.E.2d 293 (Mass. App. Ct. 1987).
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Howard Johnson Co. v. Alcoholic Beverages Control Comm'n, 510 N.E.2d 293 (Mass. App. Ct. 1987). · cites it 4× “G. L. c. 138, § 26. The following evidence was heard by the commission on the sale to minors charges.”
Gottlin v. Herzig, 662 N.E.2d 706 (Mass. App. Ct. 1996). · cites it 2× “Count IV alleges that the defendants violated G. L. c. 138, § 26 (requiring the appointment of a manager in each licensed *165 tavern who is satisfactory to the commission), 5 and the regulation thereunder, and that the violation provides a cause of action in favor of the…”
New Palm Gardens, Inc. v. Alcoholic Beverages Control Comm'n, 420 N.E.2d 8 (Mass. App. Ct. 1981). “The commission’s finding must also be read in connection with G. L. c. 138, § 26, as amended by St. 1935, c.”
Rum Runners, Inc. v. Alcoholic Beverages Control Comm'n, 682 N.E.2d 897 (Mass. App. Ct. 1997). “See G. L. c. 138, § 26 (“No corporation . . .”
A. C. Cruise Line, Inc. v. Alcoholic Beverages Control Comm'n, 560 N.E.2d 145 (Mass. App. Ct. 1990). “Captain Circeo was the approved manager under G. L. c. 138, § 26, and Gallagher was approved as assistant manager under ABCC’s ship regulations.”
Licensing Bd. v. Alcoholic Beverages Control Comm'n, 16 Mass. L. Rptr. 777 (Mass. Super. Ct. 2003). · cites it 2× “Petition for Change of Manager from Horowitz to Hurd Pursuant to G.L.c. 138, §26, no license shall be granted to a corporation unless the person designated *784 as manager of the establishment “is, with respect to his character, satisfactory to the licensing authority.”
Martineau v. DV-8 Prod., Inc., 29 Mass. L. Rptr. 393 (Mass. Super. Ct. 2012). “Daniel is not liable in tort based upon G.L.c. 138, §26, which requires a liquor licensee to appoint a local manager, or upon its implementing regulation, 204 Code Mass.”
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