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

Mass. Gen. Laws ch. 138, § 33 (2026)

Sales and delivery of alcoholic beverages on election days, Sundays and legal holidays

✓ current as of July 2026
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Section 33. (a) No licensee under section 15 shall sell or deliver alcoholic beverages, and no registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a physician's prescription, during polling hours on any day on which a state or municipal election, caucus or primary is held in a city or town in which such licensed place is conducted; provided that these restrictions shall not apply if the local licensing authority issues an order to that effect applicable alike to all licensees of every class subject to such restrictions. Except as provided in section 33A, no holder of a tavern license shall sell any alcoholic beverages on Sundays and no other licensee under section 12 shall sell any such beverages on Sundays between 1:00 a.m. and 10:00 a.m. and no licensee under section 12 shall sell any such beverages on Christmas day, or on the last Monday in May, between 1:00 a.m. and 12:00 noon. In Suffolk county, no licensee under said section 12 shall sell alcoholic beverages on Christmas day, or on the last Monday in May, between 2:00 a.m. and 12:00 noon. No registered pharmacist acting under section 29 and no licensee under section 30A shall sell alcoholic beverages or alcohol without a prescription on Sundays or legal holidays, no licensee under section 15 shall sell or deliver any alcoholic beverages on the last Monday in May before 12:00 noon, Thanksgiving day or Christmas day. No licensee under section 18 or 19 shall sell or deliver alcoholic beverages on a Sunday or on the last Monday in May before 12:00 noon, Thanksgiving day or Christmas day; provided, however, that a licensee under section 19B may sell wine at retail by the bottle to consumers for consumption off the winery premises on Sundays and legal holidays; provided further, that a licensee under section 19C may sell malt beverages at retail by the bottle to consumers for consumption off the brewery premises on Sundays and legal holidays; provided further, that a licensee under section 19E may sell distilled products at retail by the bottle to consumers for consumption off the distillery premises on Sundays and legal holidays; provided further, that a licensee who is a natural person who observes Saturday as the Sabbath by closing his place of business from sundown Friday to sundown Saturday and who sells or delivers kosher meat or fish pursuant to clause (23) of section 6 of chapter 136, may sell or deliver kosher wine on Sundays if it has been labeled and certified as such. Notwithstanding chapter 136 or 140 to the contrary, the local licensing authorities may authorize a licensee under section 12, who is authorized to sell alcoholic beverages on Sundays between the hours of 12:00 midnight and 1:00 a.m. or 2:00 a.m., to allow dancing during that 1 or 2–hour period, as the case may be, in which he is so authorized to sell alcoholic beverages.

[There is no subsection (b).]

(c) Notwithstanding the provisions of section 77 of chapter 138 a city or town that authorizes licensees under section 15 to conduct business on a Sunday as provided by clause 52 of section 6 of chapter 136 shall permit said licensee to cease the conduct of business on one day of the week.

Notes of Decisions
Cited in 4 cases, 1979–1999 · leading case: Chebacco Liquor Mart, Inc. v. Alcoholic Beverages Control Comm'n, 711 N.E.2d 135 (Mass. 1999).
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Chebacco Liquor Mart, Inc. v. Alcoholic Beverages Control Comm'n, 711 N.E.2d 135 (Mass. 1999). · cites it 2× “G. L. c. 138, § 33. G. L. c. 136, § 5. Since 1990, an exception to that prohibition has allowed the retail sale of alcoholic beverages not to be consumed on the premises if the premises are located in a municipality which is within ten miles of either the New Hampshire or *722…”
Casa Loma, Inc. v. Alcoholic Beverages Control Comm'n, 385 N.E.2d 976 (Mass. 1979). “, but must be permitted, except on certain days (see G. L. c. 138, § 33), between 11 a.m. and 11 p.”
Bd. of Selectmen v. Alcoholic Beverages Control Comm'n, 455 N.E.2d 1001 (Mass. App. Ct. 1983). “138, § 15 (selling above posted price), and two violations of G. L. c. 138, § 33 (selling on Sunday). There was evidence before the commission that Calcia had a prior suspension of six days for violation of G.”
Chebacco Liquor Mart, Inc. v. Alcoholic Beverage Comm'n, 9 Mass. L. Rptr. 33 (Mass. Super. Ct. 1998). · cites it 5× “05(2) by selling alcoholic beverages on Sundays from January, 1996, through September 8, 1996, in violation of G.L.c. 138, §33. Chebacco contends that the ABCC’s decision should be reversed under G.”
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