MURRAY'S LIQUORS, INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION.

No. 97-P-1598.

48 Mass. App. Ct. 100 (1999)

MURRAY'S LIQUORS, INC. v. ALCOHOLIC BEVERAGES CONTROL COMMISSION & another.

Court of Appeals of Massachusetts, Suffolk.

October 19, 1999.


Attorney(s) appearing for the Case

Evan T. Lawson for the plaintiff.

Jane L. Willoughby, Assistant Attorney General, for Alcoholic Beverages Control Commission.

Richard G. Chmielinski, Assistant City Solicitor, for Board of License Commissioners of Newton.

Present: PERRETTA, PORADA, & LENK, JJ.


PERRETTA, J.

General Laws c. 138, § 34B, provides that a licensed seller of alcoholic beverages who reasonably relies upon a Massachusetts driver's license as proof of sufficient age to purchase such beverages will be presumed to have exercised due care in making the sale. Murray's Liquors, Inc. (Murray's), sold alcoholic beverages to four minors, three of whom presented false out-of-State drivers' licenses...

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