Attorney David L. Rubin

June 2, 2025

Booze, politics & law: Glasses symbolize debate on cutting the legislative cord for alcohol.

Booze and politics: Cutting the legislative cord

In the area of cannabis licenses, the cities and towns which have licensed the local cannabis shops, can impose a 3 percent “adult-use” fee. Many municipalities abuse this power by charging more than 3 percent. The fee is supposed to go to a community development or other “do good” purpose but is often used by the local politicians to line their own pocket or dole out the money to their favorite “charity.” The municipalities have been sued for this practice. I think I would rather keep the power to determine the number of licenses each municipality has with the legislature, imperfect as it is. It is a lesser evil than delegating that power to the localities who will abuse their power more. Click here to read full article.

April 28, 2025

Handshake sealing a purchase and sale agreement involving license transfers in Massachusetts.

Key Conditions Buyers In Massachusetts Must Consider in Purchase and Sale Agreements Involving License Transfers

In this article, you can discover… Why an escape clause is essential when negotiating a lease. What a seller should look out for when selecting a prospective buyer. How tariffs could impact aspiring business owners. What Are The Most Important Conditions To Consider When Negotiating A Purchase And Sale Agreement For An Alcohol License? One of the most important things, if not the most important thing, when you’re buying or leasing a location for a liquor license is protecting yourself. The buyer must protect themselves in case the license is denied. You can have the best attorney in the world, but the truth is, sometimes a license gets denied for reasons you just can’t foresee. Take something as simple as negotiating a lease. There are two options for structuring it: you can either rent the space or purchase the property. If you’re negotiating a lease, you must have an escape clause. It should say that if your alcohol license application is denied despite your most diligent efforts, you receive your deposit back. Without that kind of protection, you can get burned. Understanding The Importance Of An Escape Clause I currently have a client who, before consulting with me, signed a […]

April 28, 2025

Ribbon-cutting ceremony symbolizing steps to obtain an alcohol license in Boston, Massachusetts.

Key Considerations For Business Owners Looking To Obtain An Alcohol License In Boston, Massachusetts

In this article, you can discover… What you should consider before starting the process to obtain an alcohol license. How to obtain an alcohol license for your business in Massachusetts. The cost of obtaining an alcohol license in Massachusetts. What Should I Consider Before Beginning The Process To Obtain An Alcohol License In Boston? In Massachusetts, a business owner looking for an alcohol license should consider several key factors. First, is a license even available? In today’s environment, demand far exceeds supply, especially in major cities like Boston. In cities, alcohol license prices can skyrocket because the demand simply cannot keep up. One of the first questions I ask a client who wants to open a restaurant or start serving alcohol at their business is: Does the city or town have an available alcohol license? In Boston, for example, licenses are very expensive and rarely available directly through city hall, so you usually have to buy one from a private party, which can be tricky. Something a business owner should consider when purchasing an alcohol license from a private party is making sure there are no liens against the seller. All suppliers and wholesalers must be paid before a license […]

April 14, 2025

Red Wine Bottles: Close-up of Bottle Necks

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 […]

April 14, 2025

Key Things Business Owners Need To Know About The Alcohol License Transfer Process In Massachusetts

In this article, you can discover… What the process of transferring an alcohol license in Massachusetts looks like. Common delays you might run into when transferring your alcohol license. How an attorney can help streamline the process of transferring your license. How Does The Alcohol License Transfer Process Work For New Business Owners In Boston? Transferring an alcohol license in Massachusetts, especially in a major city like Boston, can be a somewhat complex process. Whether you’re purchasing a restaurant, bar, or retail store that sells alcohol, knowing the legal and procedural steps involved can help avoid costly mistakes and delays. Each city or town in Massachusetts has a designated body that oversees alcohol licensing. In smaller municipalities, this could be the Board of Selectmen. In Boston, alcohol licensing is managed exclusively by the Boston Licensing Board. This board reviews all applications for new licenses and transfers, deciding whether to approve or deny them. In Massachusetts, there are two main ways to obtain a license: purchasing a new license or transferring an existing license. When purchasing a new license, you’d apply to the city directly for a new license, though it is subject to availability. If transferring an existing license, you’d […]

March 23, 2021

Acquisition Of Drizly by Uber And Online Alcohol Licensing

The acquisition of Drizly, an alcohol delivery service by Uber last month, is part of a broader trend in the food and alcohol industry to do more business on-line. Many brick and mortar businesses and entrepreneurs are trying to follow a similar template. To accomplish this successfully, they must comply with the Massachusetts alcohol licensing statute. Some of the requirements are: On-line delivery of alcohol must have a package store license. There has to be an actual store with an identifiable address that is connected to the on-line delivery. (A stand-alone delivery service without a physical location is prohibited.) The owner must be a citizen of the United States. If the owner or ownership group is a foreign corporation or limited liability corporation, at least one half of the directors must be US citizens. The manager must be a Massachusetts resident. If the food or alcohol is being brought into Massachusetts from another state or foreign country, the business has to complete an application with the Alcohol and Tobacco Tax and Trade Bureau (TTB) for approval. The Department of Homeland Security and Import/Export Administration may also get involved in any goods imported into the United States. The […]

February 17, 2021

Close-up of a wooden gavel symbolizing court authority and contempt of court.

What does it mean to be “held in contempt” by the court?

Contempt is a tool used by Probate and Family Courts to enforce parties to comply with court orders. This gives the court power to enforce judgments provided during divorce and custody proceedings. Someone who violates or disobeys a court order risks being held in contempt by the court. This includes failing to pay alimony or child support or refusal to comply with a parenting schedule ordered by the court. There are two types of contempt, civil and criminal. The purpose of civil contempt is to act as a remedial step in enforcing compliance with a court order. In the event one party is not following a court-appointed order, the other party can file a Complaint for Contempt. This process requires the initiating party to provide a valid court order, show the defendant has knowledge of the order, and provide evidence that the defendant is willfully disobeying the order. A criminal contempt, on the other hand, is a tool to punish the defiant party. Someone found guilty of criminal contempt may face jail time. Either party can file a complaint for contempt to address non-compliance with any order, including temporary orders and final judgments. Whether you wish to file a Complaint […]

December 28, 2020

A doctor documenting an injured man with an arm sling.

If You’ve Been Injured, Document Every Detail

When you incur an injury at the fault of another, it’s crucial to document your experience from injury to recovery. When filing a personal injury claim, the documentation needed to prove your claim is based on the nature of the injury, the events leading to an incident, and damage resulting from the accident. Every detail is essential. Follow these guidelines for documenting your injury. Official Reports First, immediately following an injury, you should seek medical attention. Doctors are required to create official reports documenting your injuries. Even if the injury doesn’t appear to be severe, having medical documentation can provide a baseline for injuries resulting from an incident later down the road. Be sure to request a copy of the medical report for your records. If any official workers attend your accident, such as police officers or emergency medical staff, you can request copies of their official reports. These reports are considered public record and can be obtained by all parties. Such information can provide a starting point for an investigation into your personal injury claim. Depending on where your injury occurred, additional incident reports may also exist. For example, if you are injured at a business, employees are sometimes […]

December 16, 2020

A doctor walking down a long, empty hospital hallway with a clipboard.

Understanding Medical Malpractice in Massachusetts

Medical negligence is an unfortunate outcome, often attributed to an overburdened medical care system. Many parties can be held liable for negligence, from hospitals to doctors, nurses, surgeons, anesthesiologists, dentists, and pharmacists. Medical malpractice is defined as negligence in the medical care and treatment provided by a healthcare professional. There are many different types of medical malpractice claims. Injury from the following can be the result of medical negligence: failure to correctly diagnose a condition a misdiagnosed illness failure to adequately communicate with other medical providers prescribing the wrong medication or wrong dosage premature discharge or poor aftercare leaving a foreign object inside the body These are merely a few circumstances that can result from medical negligence. If you believe you have suffered an injury or a family member has passed away due to medical malpractice, contact us to discuss your situation. Massachusetts has specific legal requirements regarding medical malpractice cases. For example, when a claim can be made, damage limits and evidence requirements are strictly enforced. Proving your healthcare provider was negligent can be a difficult task. Massachusetts requires your medical malpractice attorney to take part in a tribunal panel to review evidence of negligence. A tribunal consists of […]

December 11, 2020

A fountain pen next to a wedding ring, symbolizing a divorce agreement.

When to Modify Your Divorce Agreement

How long has it been since you terminated your marriage? Have your circumstances changed since then? While your divorce may last forever, your divorce agreement can change over time. There are many reasons to consider modifying your divorce agreement. Some examples include: a significant change in income that will impact child support or alimony payments a job change requiring a move needs of aging children the remarriage of the party awarded the alimony Child Support Modifications With regard to child support, you can request to modify your original order. Regardless of changing circumstances, under the child support guidelines, you are entitled to review your child support agreement every three years. Modifications to increase or decrease payments can be requested. Factors such as education, training, health, past employment history, and employment availability will be considered by the Massachusetts courts when determining modifications. Hardships and loss of employment will also be considered. Alimony Modifications A change in circumstance that significantly alters the financial situation must occur before the court considers an alimony modification. Whether seeking to increase or decrease alimony payments, a number of factors can be used to justify a change. For example, a job change, such as a demotion or […]

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