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Ex. MA-033 Order Primary source read

COVID-19 Order No. 53

Order Requiring Early Closing for Certain Businesses and Activities, Limiting Hours for Alcohol and Adult Use Cannabis Sales, and Modifying Chapter 138 License Renewal Requirements

Governor Charles D. Baker · Massachusetts (State)

The COVID Project

The record

Jurisdiction
Massachusetts
Level
State
Authority
St. 1950, c. 639, ss. 7, 8, 8A (assemblages; sale of food; variance of licenses under G.L. c. 138)
Issued
2020-11-02 Nov. 2, 2020
Effective
2020-11-06 12:01 a.m. (read as 2020-11-06)
End
Sections 1 and 2 rescinded 5:00 a.m. January 25, 2021 by Order No. 62; s. 3 rescinded May 29, 2021 (Order No. 69) (read as 2021-01-25)
In force
Nov. 6, 2020 to Jan. 25, 2021
Quarters
2020 Q42021 Q12021 Q2
Limitation types
Business closureCurfew and hoursAlcohol and bars
Addressees
  • restaurants; arcades and indoor and outdoor recreation; indoor and outdoor events; theaters and performance venues; drive-ins; youth and adult sports; golf; boating; outdoor recreation businesses; casinos, tracks and simulcast; driving and flight schools; zoos; close contact personal services; fitness centers and health clubs; pools; museums, cultural and historical facilities, guided tours
  • all alcohol licensees under G.L. c. 138 and c. 23K
  • marijuana retailers
Functions reached
  • DR/BA restaurants and bars closed to the public 9:30 p.m.-5 a.m. and alcohol sales banned nightly
  • RT/ALC package stores nightly alcohol ban
  • FC/PE/AM entertainment, fitness and recreation curfew
  • SL personal services curfew
Collection
Massachusetts MA

Operative words

Effective at 12:01 AM on November 6, 2020, all businesses, facilities, or activities included within the categories listed below must close their premises to the public each day not later than 9:30 PM and may not re-open their premises to the public before 5:00 AM the following day (the "mandatory closing period").... During the daily mandatory closing period established in Section 1, no person, business, organization, establishment, premises, or service holding or operating under a license issued pursuant to Chapter 138 or Chapter 23K of the General Laws may sell or serve or provide alcohol of any kind to any person anywhere in the Commonwealth. This restriction applies, without limitation, to all retailers, restaurants, private clubs, catering halls, events, and delivery services.

Enforcement

Regulating agencies directed to amend sector rules; each individual sale, delivery or service during the closing period a separate violation; penalties under the reopening orders as administered by Order No. 48; c. 138 licensees remaining closed permitted to renew 2021 licenses without liquor liability insurance proof

Notes

Recital: 'the Department of Public Health has today issued a Stay at Home Advisory that urges all persons in the Commonwealth to remain at home between the hours of 10:00 PM and 5:00 AM'; recites hospitalizations rising from 290 (Aug. 31) to 613 (Nov. 1, 2020).

Retrieval note

Version posted by the Commonwealth carries the marginal note that ss. 1 and 2 were rescinded by Order No. 62 effective January 25, 2021.