Beer and Wine License Upgrades: Frequently Asked Questions
The upgrade legislation allows licensees permitted to sell only wines and malt beverages to trade in their license for a non-transferable all alcoholic beverages license. Below are responses to frequently asked questions.
Frequently Asked Questions
Frequently Asked QuestionsThe upgrade legislation allows licensees permitted to sell only wines and malt beverages (with or without liqueurs/cordials) to trade in their license for a non-transferable all alcoholic beverages license.
The holder of any on-premise beer and wine license is eligible to participate. This includes cordials licenses, and includes both transferable and non-transferable licenses.
Package stores and farmer-series licensees (such as breweries, wineries, distilleries and brew pubs) are not eligible.
Once a beer and wine licensee chooses to upgrade, the all alcoholic beverages license is non-transferable to any other person, corporation, or organization.
No. A licensee whose license has been upgraded may apply to change the location of the license.
In evaluating whether to approve an application to change the location of an upgraded license, the Licensing Board will conduct an analysis of the public need at the proposed new location. The Board’s decision will also include an analysis of the impact that the change of location would have on the license’s prior location.
Applicants seeking to upgrade their beer and wine license will submit the ABCC’s “Change of Category” application to the Licensing Board. The documents required to apply are:
- ABCC Application and Monetary Transmittal Form
- DOR Certificate of Good Standing
- DUA Certificate of Compliance
- Entity vote
- Legal Advertisement
- Abutter Notifications
Once your application has been deemed complete, you will be scheduled for a virtual hearing before the Licensing Board.
The Licensing Board will not require a community process to upgrade a license if the licensee had completed a community process in connection with an application for an all alcoholic beverages license within the past two years.
If the licensee has not completed a community process for an all alcoholic beverages license within the past two years, they will be required to complete a community process. This may include any combination of flyering, abutters meetings, and civic/neighborhood organization meetings. Licensees should check in with ONS to see what process will be required.
If the Board grants your application for an upgrade, the application will be sent to the ABCC for investigation and final approval. The ABCC may approve, reject, or “return no action.” The Boston Licensing Board can issue your upgraded license once the ABCC approves the application.
The upfront application fees include a $200 ABCC Application Fee, a $100 Licensing Board Hearing Fee, and a $170 Boston Herald Advertising Fee.
Annual fees for an upgraded license are as follows:
- Club | $2,800
- Restaurant | $2,800 (plus $100 CV fee and $1 per restaurant seat)
- General On Premise | $3,500
- Innholder | $5,600
Nothing. When a licensee upgrades a beer and wine license, that beer and wine license does not come back to the Board to be re-issued to another applicant. The beer and wine license is available if the licensee chooses to downgrade at a later date.
Yes. Once upgraded, a licensee can apply to change the category back to a beer and wine license. If the original license was transferable, once reverted, the license can be freely transferred.
A licensee whose license has been upgraded may apply at any time to “downgrade” and return to their original license type. To “downgrade,” they will follow the same process of submitting a " Change of Category" application as outlined above. If the license was a general quota license without restrictions and the “downgrade” is approved, after the license reverts to its original type, the license will be transferable.
If an upgraded licensee goes out of business or surrenders their license without downgrading, that license will return to the Board as a beer and wine license to re-issue to another applicant.