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CHEBACCO LIQUOR MART, INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION

429 Mass. 721 (1999)

CHEBACCO LIQUOR MART, INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

Supreme Judicial Court of Massachusetts, Suffolk.

June 16, 1999.

Attorney(s) appearing for the Case

Mary E. Murphy-Hensley, Assistant Attorney General, for the defendant.

Evan T. Lawson (J. Mark Dickison with him) for the plaintiff.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

WILKINS, C.J.

The plaintiff, Chebacco Liquor Mart, Inc. (Chebacco), is a package store licensed under G. L. c. 138, § 15, to sell alcoholic beverages not to be consumed on the premises. During an eight-month period in 1996, Chebacco sold alcoholic beverages on Sundays from its store in Essex. The Sunday sale of alcoholic beverages by an entity licensed under § 15 is generally forbidden in the Commonwealth. G. L. c. 138, § 33. G. L. c. 136, § 5...

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