Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 69 (2026)

Sale or delivery to intoxicated persons

✓ current as of July 2026

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Section 69. No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person.

Notes of Decisions

Cited in 30 cases, 1965–2008 · leading case: Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984).

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Irwin v. Town of Ware, 467 N.E.2d 1292 (Mass. 1984). · cites it 4× “In so concluding, we focused on G.L.c. 138, § 69, which prohibits the sale of alcohol to intoxicated persons and observed as follows: "The statute .”

Newell-Blais Post 443, Vets. of Foreign Wars of the United States, Inc. v. Shelby Mut. Ins., 487 N.E.2d 1371 (Mass. 1986). · cites it 6× “” The action for wrongful death charges Newell-Blais with violating G. L. c. 138, § 69 (1984 ed.), which prohibits a licensed seller of alcoholic beverages from selling or delivering such beverages “to an intoxicated person, or to a person who is known to have been intoxicated…”

Bennett v. Eagle Brook Country Store, Inc., 557 N.E.2d 1166 (Mass. 1990). · cites it 6× “" [2] *357 At the time of the accident and trial, G.L.c. 138, § 69, as amended by St. 1973, c.”

O'HANLEY v. Ninety-Nine, Inc., 421 N.E.2d 1217 (Mass. App. Ct. 1981). · cites it 3× “It is obvious from the allegations of the plaintiff’s amended complaint, from his answers to interrogatories, *66 and from his affidavits that he is attempting to proceed at common law on the theory that his injuries resulted from the negligence of the defendant in continuing to…”

Three Sons, Inc. v. Phoenix Ins., 257 N.E.2d 774 (Mass. 1970). · cites it 3× “Adamian’s declaration averred that the plaintiff had negligently sold alcoholic beverages to Coomber, a customer in its restaurant, in violation of its duty to the public and G. L. c. 138, § 69. Because of this breach of duty on the part of the plaintiff, it is alleged, Coomber…”

Wiska v. St. Stanislaus Soc. Club, Inc., 390 N.E.2d 1133 (Mass. App. Ct. 1979). · cites it 2× “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.”

Cimino v. Milford Keg, Inc., 431 N.E.2d 920 (Mass. 1982). “Adamian also held that violation of G. L. c. 138, § 69, which prohibits the sale of alcoholic beverages to an intoxicated person, is “some evidence” of the defendant’s negligence.”

Gottlin v. Herzig, 662 N.E.2d 706 (Mass. App. Ct. 1996). · cites it 3× “Graves, ante 155, found that the tavern’s bartender had served an intoxicated person in violation of G. L. c. 138, § 69 (prohibiting the sale of an alcoholic beverage to an intoxicated person at a licensed tavern), the plaintiffs argue that the defendants Baker and Herzig are…”

Com. Ins. v. Ultimate Livery Serv., Inc., 897 N.E.2d 50 (Mass. 2008). “, supra at 499-500, we emphasized that the Legislature had enacted a specific statute, G. L. c. 138, § 69, forbidding tavern keepers from serving alcohol to intoxicated patrons.”

New England Mut. Life Ins. v. Liberty Mut. Ins., 667 N.E.2d 295 (Mass. App. Ct. 1996). “ny statute, ordinance or regulation pertaining to the sale, gift, distribution or use of any alcoholic beverage” did not excuse the insurer from its duty to defend its insured in a wrongful death action based on negligence where the underlying complaint against the insured…”

O'SULLIVAN v. Hemisphere Broad. Corp., 520 N.E.2d 1301 (Mass. 1988). · cites it 2× “Another theory advanced by the plaintiff implicates G. L. c. 138, § 69 (1986 ed.). The plaintiff argues that Miller and WBCN were engaged in a joint venture to violate the requirements of the statute, which prohibits the sale or distribution of alcoholic beverage to one who is…”

Adamian v. Three Sons, Inc., 233 N.E.2d 18 (Mass. 1968). “On or about January 26 or 27, 1966, the defendant served alcoholic beverages to one Coomber, a paying customer, and negligently continued to serve him and to cause him to become greatly intoxicated, in violation of its duty to members of the general public using the public…”

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