Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 34 (2026)

Sale, delivery or furnishing alcoholic beverages to persons under twenty-one years of age; employment of persons under eighteen years of age

✓ current as of July 2026

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Section 34. No person shall receive a license or permit under this chapter who is under 21 years of age. Whoever makes a sale or delivery of any alcoholic beverage or alcohol to any person under 21 years of age, either for his own use or for the use of his parent or any other person, or whoever, being a patron of an establishment licensed under section 12 or 15, delivers or procures to be delivered in any public room or area of such establishment if licensed under section 12, 15, 19B, 19C or 19D or in any area of such establishment if licensed under said section 15, 19B, 19C or 19D any such beverages or alcohol to or for use by a person who he knows or has reason to believe is under 21 years of age or whoever procures any such beverage or alcohol for a person under 21 years of age in any establishment licensed under section 12 or procures any such beverage or alcohol for a person under 21 years of age who is not his child, ward or spouse in any establishment licensed under said section 15, 19B, 19C or 19D or whoever furnishes any such beverage or alcohol for a person under 21 years of age shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year or both. For the purpose of this section the word ''furnish'' shall mean to knowingly or intentionally supply, give, or provide to or allow a person under 21 years of age except for the children and grandchildren of the person being charged to possess alcoholic beverages on premises or property owned or controlled by the person charged. Nothing in this section shall be construed to prohibit any person licensed under this chapter from employing any person 18 years of age or older for the direct handling or selling of alcoholic beverages or alcohol.

Notwithstanding the provisions of clause (14) of section 62 of chapter 149, a licensee under this chapter may employ a person under the age of 18 who does not directly handle, sell, mix or serve alcohol or alcoholic beverages.

Notes of Decisions

Cited in 71 cases (6 in the last 5 years), 1966–2025 · leading case: Juliano v. Simpson, 461 Mass. 527 (Mass. 2012).

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Juliano v. Simpson, 461 Mass. 527 (Mass. 2012). · cites it 16× “In relevant part, the plaintiffs alleged that Jessica was negligent for knowingly allowing Dunbar and other underage persons to possess alcohol on property under her control — conduct that the plaintiffs claimed violated G. L. c. 138, § 34 (statute). 7 The Superior Court judge…”

Michnik-Zilberman v. Gordon's Liquor, Inc., 453 N.E.2d 430 (Mass. 1983). · cites it 6× “The store asserts that liability extends to vendors of alcoholic beverages for injuries caused by their customers only when the sale of those beverages is to an intoxicated customer.”

Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984). · cites it 4× “The defendant argued that his negligence as to the deceased cyclist could not be shown by his violation of G.L.c. 138, §§ 34, 69, proscribing the sale of alcohol to a minor.”

Nunez v. Carrabba's Italian Grill, Inc., 859 N.E.2d 801 (Mass. 2007). · cites it 6× “138, § 12 (duly licensed common victualler not authorized to sell alcoholic beverages to patrons under twenty-one years of age); G. L. c. 138, § 34 (penalties shall be imposed for delivery of alcoholic beverages to patrons of licensed establishments who are under twenty-one…”

Alioto v. Marnell, 520 N.E.2d 1284 (Mass. 1988). · cites it 4× “See G.L.c. 138, §§ 34, 34A, as amended through St.”

Wiska v. St. Stanislaus Soc. Club, Inc., 390 N.E.2d 1133 (Mass. App. Ct. 1979). · cites it 5× “The plaintiffs alleged that the Club breached its duty to them by selling alcoholic beverages to Nikiel in violation of G. L. c. 138, § 34, 3 and of G. L. c. 138, § 69, 4 thereby creating liability on the part of the Club for injuries resulting from Nikiel’s reckless driving.”

Howard Johnson Co. v. Alcoholic Beverages Control Comm'n, 510 N.E.2d 293 (Mass. App. Ct. 1987). · cites it 5× “Howard Johnson Company, doing business as The Ground Round (licensee) in Braintree, was charged by the Alcoholic Beverages Control Commission (commission) with two counts of sale or delivery of alcoholic beverages to minors, in violation of G. L. c. 138, § 34, as amended through…”

eVineyard Retail Sales-Massachusetts, Inc. v. Alcoholic Beverages Control Comm'n, 882 N.E.2d 334 (Mass. 2008). · cites it 6× “As a result of this and a second sting operation, eVineyard was administratively charged with two counts of violating G. L. c. 138, § 34, which prohibits the sale or delivery of alcohol to minors.”

Commonwealth v. Kneram, 826 N.E.2d 733 (Mass. App. Ct. 2005). · cites it 10× “In this tragic case, we hold that “whoever,” as used in G. L. c. 138, § 34 (furnishing alcohol to a person under twenty-one), means precisely that.”

Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (Mass. 1996). · cites it 4× “at 1002 , we *133 declined to accept the commission’s proposal that G. L. c. 138, § 34, as amended through St.”

E.C.O. v. Compton, 984 N.E.2d 787 (Mass. 2013). · cites it 2× “209A, § 1 (b), because in suggesting that he was going to supply the plaintiff with alcohol, the defendant essentially offered to supply alcohol to a minor in violation of G. L. c. 138, § 34 (“whoever furnishes . .”

Commonwealth v. Militello, 848 N.E.2d 406 (Mass. App. Ct. 2006). · cites it 3× “272, § 28; and (4) four counts of furnishing alcoholic beverages to persons under twenty-one years of age, in violation of G. L. c. 138, § 34. On appeal the defendant argues that (1) the jury instructions with respect to the charges of disseminating matter harmful to minors and…”

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