Massachusetts General Laws

Mass. Gen. Laws ch. 138, § 77 (2026)

Cancellation of license upon cessation of licensed business

✓ current as of July 2026

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Section 77. The licensing authorities may, after hearing or reasonable opportunity therefor, cancel any license issued under this chapter if the licensee ceases to conduct the licensed business. If the local licensing authorities determine that a license should be cancelled as aforesaid the licensee may appeal to the commission as if such authorities had refused to grant the license upon an original application therefor, and the decision of the commission upon such appeal shall be final.

Notes of Decisions

Cited in 6 cases, 1982–2004 · leading case: Great Atl. & Pac. Tea Co. v. Bd. of License Commissioners, 387 Mass. 833 (Mass. 1983).

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Great Atl. & Pac. Tea Co. v. Bd. of License Commissioners, 387 Mass. 833 (Mass. 1983). “The dictum in the opinion of the Appeals Court recognizing the right of the commissioners to terminate the license under G. L. c. 138, § 77, for failure to conduct business on the licensed premises but denying the commissioners the right to disapprove a transfer of a license…”

Heineken U.S.A., Inc. v. Alcoholic Beverages Control Comm'n, 818 N.E.2d 191 (Mass. App. Ct. 2004). “See G. L. c. 138, § 77. See, e.g., BAA Mass., Inc.”

Bd. of Selectmen v. Alcoholic Beverages Control Comm'n, 519 N.E.2d 1365 (Mass. App. Ct. 1988). “erent result based on what they regard as the “equities” of the situation would have us submerge the facts (a) that Wayside brought its present predicament on itself by not securing other premises to which its license could have been transferred prior to the sale of the premises…”

BAA Massachusetts, Inc. v. Alcoholic Beverages Control Comm'n, 733 N.E.2d 564 (Mass. App. Ct. 2000). “For that reason, G. L. c. 138, § 77 (a licensing authority may cancel any license issued under c.”

Great Atl. & Pac. Tea Co. v. Bd. of License Commissioners, 13 Mass. App. Ct. 268 (Mass. App. Ct. 1982). “See G. L. c. 138, § 77. Had such action been taken and the license canceled, or had the license sought to be transferred been from an area of the city outside Hungry Hill, there would be a rational basis for the board’s stated reasons for its action.”

Bd. of Selectmen v. Alcoholic Beverages Control Comm'n, 585 N.E.2d 754 (Mass. App. Ct. 1992). · cites it 4× “On December 22, 1987, the Saugus board of selectmen (board), acting in its capacity as the licensing authority for the town of Saugus, voted “to revoke and cancel, under [G. L. c. 138, § 77], the . . . All Alcoholic Beverage License” of Saugus International Airport Restaurant &…”

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