105 CMR 661.400 - Enforcement

(A) The Department and the Alcoholic Beverages Control Commission is hereby authorized to enforce the provisions of M.G.L. c. 270, § 22 through use of the non-criminal disposition procedures specified in M.G.L. c. 40, § 21D.

(1) The fine imposed pursuant to 105 CMR 661.400 shall be $100 for the violation, $200 for a second violation occurring within two years of the date of the first violation, and $300 for a third or subsequent violation within two years of the second violation. Each calendar day on which a violation occurs shall be considered a separate violation.

(2) The disposition of fines assessed in accordance with 105 CMR 661.400 shall be in accordance with M.G.L. c. 29, § 2.

(3) As specified in M.G.L. c. 270, § 22, each city or town shall file with the Department, on an annual basis in accordance with procedures established by the Department, a report indicating the number of citations issued for non-compliance with M.G.L. c. 270, § 22 and 105 CMR 661.000, the basis for the citations, fines assessed and collected, and such addition information about enforcement as specified by the Department.

(B) In accordance with M.G.L. c. 270, § 22, local boards of health shall have the authority to revoke or suspend a license of a building, vehicle or vessel to operate if an owner, manager or other person in control is found to repeatedly violate the requirements of M.G.L. c. 270, § 22 ("egregious non-compliance"). For purposes of 105 CMR 661.000, five or more citations from enforcing authorities within two years of the first citation, or such violations as specified in regulations of the board of health, shall constitute egregious on-compliance. Such action shall be taken in accordance with local board of health regulations for the suspension or revocation of a license or permit.

Notes

105 CMR 661.400