Number 1. July 6, 1967

Number 1. July 6, 1967. Honorable Quintin J. Crist y. Chairman Alcoholic Beverages Control Commission Dear Mr. Cristy: — You have requested my opinion as to whether c. 323 of the Acts of 1967, entitled "AN ACT AUTHORIZING THE SALE OF ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES BETWEEN MIDNIGHT ON SATURDAYS AND ONE O'CLOCK ANTE MERIDIAN ON SUNDAYS," amending G. L. c. 138, § 33, will authorize such sales absolutely, or only subject to the permission of local li- censing authorities. It is my opinion that the "local option," so-called, applies, so that when c. 323 becomes effective, sales between midnight Saturdays and 1 :00 A. M. Sundays will not be authorized except where permitted by the local licens- ing authorities. General Laws c. 138, § 33, as it is currently in effect, prohibits sales at any time on Sundays by holders of tavern licenses under § 1 2, and prohibits sales by other § 12 licensees during the thirteen-hour period between mid- night on Saturdays and 1:00 P. M. on Sundays. The prohibition respecting tavern holders is not affected by c. 323 of the Acts of 1967. But when c. 323 becomes effective, the present prohibition respecting other § 12 licen- sees will no longer apply during the one-hour period between midnight Sat- urdays and 1 :00 A. M. Sundays. Yet although § 33 will no longer prohibit sales by these other licensees during this one-hour period, it does not follow that they will automatically be given a privilege to sell during that hour. Section 33 is framed in terms of a prohibition against certain sales, not in terms of an authorization. The authority to sell must be found in G. L. c. 138, § 12, which states: "The hours during which sales of . . . alcoholic beverages may be made by any licensee . . . shall be fixed by the local licensing authorities either generally or specially for each licensee . . . [subject to the statutory privilege of a licensee to sell during the period between 1 1 :00 A. M. to 11 :00 P. M. on secular days] ." P.D. 12 33 The effect of c. 323 of the Acts of 1 967 is thus merely to add the hour between midnight Saturday to 1 :00 A. M. Sunday to the hours during which local licensing authorities may, in their sound discretion, permit licensees to sell. Very truly yours, Elliot L. Richardson, Attorney General