Legal Opinion
eVineyard Retail Sales-Massachusetts, Inc. v. Alcoholic Beverages Control Commission
Massachusetts Supreme Judicial Court
Decided March 18, 2008No. 2At five locations the Web site informs and warns viewers that the purchaser and recipient of wine must be at least twenty-one years of age. According to eVineyard, by using the Web site, and agreeing to its “terms of service,” the purchaser acknowledges that she is twenty-one years of age or older and contracts with it not to use the Web site unless she is at least twenty-one years of agePublishedCited by 7 opinions
1Opinion of the CourtCordy, J.
Wine.com, Inc. (wine.com), is a corporation in the business of selling wine directly to consumers throughout the country. The plaintiff, eVineyard Retail Sales-Massachusetts, Inc. (eVineyard), is a wholly owned subsidiary of wine.com, through which it sells wine to customers in Massachusetts.1 eVineyard is licensed by G. L. c. 138, § 15, to sell at retail alcoholic beverages that are “not to be drunk on the premises” to citizens and residents of the Commonwealth.
As part of an Attorney General “sting” operation, an underage decoy — a nineteen year old cooperating individual (Cl) — ordered wine…
2Cases cited20 opinions
- Sorrells v. United StatesSupreme Court of the United States · 1932
- Arthurs v. Board of Registration in MedicineMassachusetts Supreme Judicial Court · 1981
- Michnik-Zilberman v. Gordon's Liquor, Inc.Massachusetts Supreme Judicial Court · 1983
- Olde Towne Liquor Store, Inc. v. Alcoholic Beverages Control CommissionMassachusetts Supreme Judicial Court · 1977
- Commerce Insurance v. Commissioner of InsuranceMassachusetts Supreme Judicial Court · 2006
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3Cited by7 opinions
- Town of Canton v. Commissioner of Massachusetts Highway DepartmentMassachusetts Supreme Judicial Court · 2010
- Herman v. Admit OneMassachusetts District Court, Appellate Division · 2008
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- Daley v. SuddersMassachusetts Superior Court · 2015
- Paleologos v. Massachusetts Marketing PartnershipMassachusetts Superior Court · 2012
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