Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 64 (2026)

Suspension or revocation of license; hearing; notice; disqualification; surrender of license; refunds; special gaming establishment contract vendor alcoholic beverage license and special gaming establishment self-owned vendor alcoholic beverage license

✓ current as of July 2026
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Section 64. (a) The licensing authorities after notice to the licensee and reasonable opportunity to be heard, may modify, suspend, revoke or cancel the license upon satisfactory proof that the licensee has violated or permitted a violation of any condition thereof, or any law of the commonwealth. If at any hearing a licensee is charged with serving or selling alcohol or alcoholic beverages to a person under 21 years of age, written notice of said allegations shall be sent by the licensing authorities to the parent or guardian of such person. If the license is revoked, the licensee shall be disqualified to receive a license for 1 year after the expiration of the term of the license so revoked, and if the licensee is the owner of the premises described in such revoked license, no license shall be issued to be exercised on said premises for the residue of the term thereof.

(b) If it appears to the commission that a license has been issued under this chapter by the local licensing authorities in excess of the quota prescribed by section 17 or in violation of section 16A or any other provision of this chapter, the commission shall, after notice to said authorities and to the holder of such license and after reasonable opportunity to be heard, revoke such license, whereupon such license shall be surrendered to said authorities, and the decision of the commission shall be final and conclusive. The holder of a license so revoked shall not be subject to prosecution for any sales theretofore made by the licensee under such license on the ground that such license was illegally issued. The city or town whose licensing authorities issued any license so revoked shall forthwith refund to the holder thereof the entire fee paid therefor and authority is hereby granted to such city or town to pay the same out of any funds available.

(c) The commission after notice to the licensee and after providing such licensee with a reasonable opportunity to be heard, may modify, suspend, revoke or cancel a special gaming establishment contract vendor alcoholic beverage license or a special gaming establishment self-owned vendor alcoholic beverage license upon satisfactory proof that the licensee has violated or permitted a violation of sections 34, 34C or 69 or any regulation of the alcoholic beverages control commission related to possession of an alcoholic beverage by a person under 21 years of age, or any condition of the license. The commission may accept a fine or civil administrative penalty in lieu of suspension of the license pursuant to section 23.

Notes of Decisions
Cited in 31 cases, 1936–2020 · leading case: Saxon Coffee Shop, Inc. v. Boston Licensing Bd., 407 N.E.2d 311 (Mass. 1980).
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Saxon Coffee Shop, Inc. v. Boston Licensing Bd., 407 N.E.2d 311 (Mass. 1980). · cites it 3× “Section 64 allows revocation “upon satisfactory proof that [the licensee] has violated or permitted a violation of any condition [of the license], or any law of the commonwealth.” The standard for revocation in other licensing statutes ranges from allowing revocation “at…”
Embers of Salisbury, Inc. v. Alcoholic Beverages Control Comm'n, 517 N.E.2d 830 (Mass. 1988). · cites it 2× “Accordingly, the board voted under G.L.c. 138, § 64, to suspend the licensees' liquor licenses for three days.”
Aristocratic Restaurant of Massachusetts, Inc. v. Alcoholic Beverages Control Comm'n, 374 N.E.2d 1184 (Mass. 1978). · cites it 2× “The appellants concede, however, that the commission has comprehensive powers of suspension over licensees and has statutory authority (G.L.c. 138, § 64) to revoke or suspend a license for violation of a regulation of a local licensing authority.”
Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control Comm'n, 360 N.E.2d 1057 (Mass. 1977). “G. L. c. 138, § 64. The commission’s decision to reject the plaintiff’s plea for a more lenient sentence *155 than that imposed by the selectmen was within its proper discretion.”
eVineyard Retail Sales-Massachusetts, Inc. v. Alcoholic Beverages Control Comm'n, 882 N.E.2d 334 (Mass. 2008). · cites it 2× “” G. L. c. 138, § 64. See G. L. c. 138, § 23.”
City of Revere v. Aucella, 338 N.E.2d 816 (Mass. 1975). · cites it 2× “[1] Violation of a license regulation may result in the modification suspension, revocation, or cancellation of a license, see G.L.c. 138, § 64, whereas violation of the ordinance does not have that effect unless, indeed, § 13-26 of the ordinance is read in an imperative way.”
Casa Loma, Inc. v. Alcoholic Beverages Control Comm'n, 385 N.E.2d 976 (Mass. 1979). “” The commission argues that the 1973 amendment to § 12 would have been unnecessary if the action of a local licensing authority in decreasing a licensee’s hours were a modification of a license.”
J. & J. Enter., Inc. v. Martignetti, 341 N.E.2d 645 (Mass. 1976). “Under G. L. c. 138, §§ 64 and 67, the ABCC has authority to investigate the conduct of licensees, to hold hearings on possible violations of c.”
Vaspourakan, Ltd. v. Alcoholic Beverages Control Comm'n, 516 N.E.2d 1153 (Mass. 1987). “Revocation of a license is one of the sanctions provided by G. L. c. 138, § 64, and the licensee’s own affidavits indicate that it is imposed regularly by the board and the commission.”
Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (Mass. 1996). “Our decision in Tiki Hut is quite a different case from this one. That case involved a license revocation by the Alcoholic Beverages Control Commission (commission) for an alleged violation of G.”
Aegean Fare, Inc. v. Licensing Bd. (In Re Aegean Fare, Inc.), 35 B.R. 923 (Bankr. D. Mass. 1983). “138 § 16A, the Board may refuse a license if there has been a violation of any of the laws of the Commonwealth, G.L. c. 138 § 64, or of any requirements of the Board, G.”
United Food Corp. v. Alcoholic Beverages Control Comm'n, 376 N.E.2d 833 (Mass. 1978). “However much we might prefer to see the BLB operating in accordance with rules of procedure publicly announced, their absence does not itself raise here a question of due process, nor do we think it was hurtful to the appellant in the particular case.”
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