Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 4 (2026)

Licensing boards; appointments; membership

✓ current as of July 2026
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Section 4. In each city which is not exempt by the provisions of section ten there shall be a licensing board appointed by the mayor, subject to confirmation by the board of aldermen or, if there is no such board, by the city council, consisting of three persons, who shall not be engaged, directly or indirectly, in the manufacture or sale of alcoholic beverages, who have been residents of the city in which they are appointed for at least two years immediately preceding their appointment. One member shall be appointed from each of the two leading political parties and the third member may also be appointed from one of said parties. If any member of said board engages directly or indirectly in such manufacture or sale, his office shall immediately become vacant.

Notes of Decisions
Cited in 8 cases, 1934–2001 · leading case: Black Rose, Inc. v. City of Boston, 744 N.E.2d 640 (Mass. 2001).
Black Rose, Inc. v. City of Boston, 744 N.E.2d 640 (Mass. 2001). “The licensing board is an authority established pursuant to G. L. c. 138, § 4, consisting of members appointed by the mayor of Boston subject to confirmation by the city council.”
Young v. Mayor of Brockton, 190 N.E.2d 396 (Mass. 1963). · cites it 3× “The petitioner seeks an adjudication that he is a duly appointed member of the alcoholic liquor licensing board (licensing board) of the city of Brockton (G. L. c. 138, § 4, as amended through St.”
Bd. of Selectmen v. Alcoholic Beverages Control Comm'n, 369 N.E.2d 1011 (Mass. 1977). “” G. L. c. 138, § 4. This shows the legislative concern with disinterested decision.”
Crocker v. Deschenes, 191 N.E. 678 (Mass. 1934). · cites it 2× “There was no licensing board appointed under G. L. c. 138, § 4, or corresponding previous law, or *203 under the city charter, for several years prior to April 3, 1933, although there was a licensing board functioning through the year 1925.”
Town Council v. Town Manager, 478 N.E.2d 739 (Mass. App. Ct. 1985). “In Young , the Supreme Judicial Court held that a city charter provision calling for the appointment of members of the liquor licensing board without confirmation by the city council would not escape the provisions of G. L. c. 138, § 4, which required such confirmation.”
Opinion of the Justices to the Senate, 311 N.E.2d 44 (Mass. 1974). “123, 127 (1963), treating a city manager as a “mayor” under G. L. c. 138, § 4, dealt with the executive function of appointment rather than a legislative function.”
Greco v. Mayor of Revere, 1 Mass. App. Ct. 135 (Mass. App. Ct. 1973). · cites it 5× “These two petitions for writs of mandamus seek to compel recognition of the petitioners as duly appointed and confirmed members of the licensing board of *136 the city of Revere (G. L. c. 138, § 4, as amended through St.”
Donovan v. City of Woburn, 5 Mass. L. Rptr. 193 (Mass. Super. Ct. 1996). “As for plaintiffs second request, the Court is simply without the authority to act. Any amendment to Woburn’s by-laws must come about by a voluntary act of the City Council or by an act of the Legislature in amending c.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.