Understanding The Five-Day Appeal Role For Alcohol License Revocations In Massachusetts

In this article, you can discover…

• What the Massachusetts “Five-Day Appeal” Rule is, and how it could impact your business.
• Whether your Massachusetts business can appeal a revoked alcohol license.
• How an experienced attorney can help you navigate and win an appeal.

What Is The Massachusetts Five-Day Appeal Rule For Alcohol License Revocations?

In Massachusetts, if a city or town revokes your alcohol license, regardless of whether you operate a restaurant, convenience store, hotel, or club, you have five days to file an appeal. This is an extremely short window, and missing it means you forfeit your right to challenge the decision. You can think of it as a statute of limitations in essence because once those five days pass, the opportunity to appeal is gone.

Once, I was on vacation when I received an urgent call from a client whose license had been revoked three days earlier. With only two days left to act, I guided my client step by step on how to file the appeal properly. I walked him through the entire process detailing how to draft a notice of appeal, hand-deliver it to the Alcoholic Beverages Control Commission (ABCC), obtain a time-stamped receipt, and send a copy to the city or town that issued the revocation.

How Would I Know If My Business Qualifies To Appeal A Revoked Alcohol License?

If your business holds an alcohol license and that license has been revoked, you are entitled to file an alcohol license revocation appeal in Massachusetts, regardless of the license type. This includes licenses for:

• Restaurants
• Bars
• Hotels
• Clubs
• Convenience stores
• Liquor and package stores

The appeal process goes through the ABCC, the governing body that handles these sorts of matters for the state.

What Are The Essential Legal Steps To Take Immediately After Receiving The Notice Of Alcohol License Revocation?

Upon receiving a revocation notice, you must take swift and specific legal action. First, file a Notice of Appeal with the ABCC within five days of the revocation. After you do, deliver a copy of that notice to the city or town that revoked the license, typically to the City or Town Clerk’s office. You’ll also need to ensure proof of delivery. Always get a time-stamped copy to verify submission. Government agencies can misplace documents, and without proof, the burden falls on you.

From there, the ABCC issues a pre-hearing notice. Each party, that is, you the municipality, will prepare and submit a brief explaining the facts of the case, legal arguments, and supporting evidence. If an administrative hearing is scheduled, the case is heard before three ABCC commissioners. While it’s not a formal courtroom trial, the process is very similar: both sides present evidence, witnesses testify under oath, and legal arguments are made.

Can You Describe A Case Where The Appeal Was Successful?

I know of a case where a town permanently revoked a store’s license after multiple violations related to underage sales. The town’s position was that the store owner had been given several chances and continued to fail.

Despite this, the attorney representing the business argued that the penalty, permanent revocation, was too severe. He cited other cases across Massachusetts where similar violations resulted only in suspensions. His defense made it a point to emphasize:

• The lack of any injury or accident
• The client’s willingness to improve store procedures
• The implementation of better ID verification technology
• Staff retraining on responsible alcohol service

Ultimately, the ABCC ruled in favor of the client, reinstating the license.

Why Do Some Businesses Lose Their Alcohol License Appeals?

Some appeals fail due to the seriousness of the underlying violations or a failure to show credible change. Common reasons include:

• Multiple prior violations without corrective action
• Inadequate security or ID-checking systems
• A lack of cooperation or accountability during the appeal

To avoid these outcomes, businesses must demonstrate real improvements, such as:

• Installing advanced ID scanning systems
• Hiring outside consultants to retrain staff
• Committing to new safety and security protocols
• Keeping accurate logs and training records

Can a Lawyer Help Me To Improve My Chances Of Winning An Appeal?

An experienced lawyer can absolutely help improve your chances of winning an appeal. They not only understand the legal framework but also know how to negotiate, when to litigate, and how to present a compelling case to regulatory authorities.

Sometimes, that may mean advising you to admit fault and negotiate a less severe penalty, such as a fine rather than a temporary suspension. Other times, it means pushing back against unjust revocations and using legal precedent to challenge the penalty.

An experienced attorney can help craft a narrative and present it persuasively to the ABCC. This is because they also play the role of strategist, advising when to fight, when to settle, and how to minimize the business and financial impact on the client. And as your attorney, that’s what I do because I’m not just here to push paper. I’m here to make sure the story you’re telling is backed by facts, law, and a plan to do better.

Still Have Questions? Ready To Get Started?

For more information on alcohol license revocation appeals in Massachusetts, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (508) 875-9797 today.