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Senate overrides Governor’s veto on wine bill

February 15, 2006 - Today, Senator Richard T. Moore (D-Uxbridge) and his colleagues overrode Governor Romney’s veto on legislation that allows Massachusetts consumers to purchase wine from small out-of-state wineries and wine producers to sell directly to customers. In addition, the bill allows restaurant patrons to be able to take an unfinished bottle of wine home. The bill becomes law in 90 days. 

“I am pleased the Legislature acted swiftly in overriding the governor’s veto,” said Moore. “Wine lovers now have more choices in the wine they can purchase. This bill will lead to increased opportunities for consumers to purchase their selection of wine while keeping a close eye on alcohol distribution in the state.”

The legislation creates two standards which will be applied equally to in-state and out-of-state wineries. Wineries that produce 30,000 gallons of wine or less will be able to ship wine directly to a consumer, a package store or restaurant, and/or to a wholesaler. Wineries that produce more than 30,000 gallons will be able to either utilize a wholesaler to distribute their product or direct ship their product to consumers, but not both. 

Additionally, the bill includes language originally filed as a bill by Senator Moore, that allows restaurant and hotel patrons to have their unfinished bottle sealed in a tamper resistant manner and take it home with them. The bottle of wine must be sealed before leaving the premises. The legislation, however, does not specifically state how the bottle must be re-sealed, but gives the Alcoholic Beverages Control Commission the responsibility to draft regulations. Additionally, if a patron appears to be intoxicated, the server has the right to refuse allowing them to leave with the bottle of wine.

During the session last year, Senator Moore demonstrated one method to package the unfinished bottle of wine. Senator Moore explained that many companies make plastic “doggy bags” with adhesive strips. Once the bag is sealed, it is impossible to remove the bottle without destroying the bag. Therefore, if the patron is stopped by police, an officer would be able to determine if the bag had been tampered with and the bottle re-opened. 

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