Massachusetts House Passes Summer Last Call Extension to 3 a.m.

BY ELLA ADAMS

The House approved a proposal Thursday that would enable Massachusetts bars to push their last call to as late as 3 a.m. this summer with local approval, and the Senate seems poised to follow suit.

The House gave the bill initial approval Wednesday and voted 147-0 Thursday to adopt a new version of the bill (H 5478) before sending it to the Senate. 

Before the vote and after a House Democratic caucus earlier in the day, House Ways and Means Chair Aaron Michlewitz of Boston told reporters that changes were made to the bill to “shorten the timeline a little bit down to, you know, the end of July, and so we still got a little work to do.”  

If it clears the Senate and is signed into law, the bill would take effect Monday, June 8 and expire Friday, July 31, and enable bars to push last call to 3 a.m. “subject to approval of the local licensing authority.” The bill states that it would permit on-premises alcoholic beverage sales “for 1 additional hour beyond the time set forth in the establishment’s license, but not to exceed 3:00 a.m.”

Committee on Economic Development and Emerging Technologies co-Chair Rep. Carole Fiola honed in on that detail.

“It authorizes municipalities who opt in to allow licensees with on-premises alcohol consumption licenses to extend operating hours by one hour. By one hour,” she said during floor remarks. “Not everybody has a 2 a.m. license and goes ’til 3. Whatever the license is, you have one extra hour.”

Municipalities would also be able to create “social consumption districts” during that period, spaces “in which alcoholic beverages are permitted to be consumed in public spaces, subject to such restrictions as the city or town may deem appropriate.” Establishments selling alcohol would be able to sell it for off-premises consumption within the districts.

Fiola quipped Thursday that “I have the most fun bill of the week, I think.”

The Fall River Democrat and Boston Rep. Christopher Worrell on May 1 filed legislation to begin the discussion. Her initial proposal would have allowed a 3 a.m. last call season to begin on June 1 and run through Aug. 31.

“While we may refer to it as soccer, football is the world’s most popular sport, attracting billions of fans across the continent,” Fiola said, referring to upcoming FIFA World Cup matches. “This bill will help capture economic opportunity for Massachusetts, while celebrating this historic tournament that only happens every four years around the world.”

A spokesperson for Senate President Karen Spilka referenced an array of major events that will unfold in Massachusetts this summer and said in a statement Thursday that Spilka “supports giving cities and towns the option to shift last call to 3 a.m. this summer, and more widely giving local officials the flexibility to loosen up our antiquated alcohol consumption laws.” 

“Massachusetts will be on display for the world, and this is an opportunity to support local businesses while building on the excitement generated by the World Cup, the Tall Ships, and other major events and watch parties taking place,” the statement said.

When asked its stance on the proposal, Mothers Against Drunk Driving (MADD) wrote to the News Service that the organization “supports the uniform statewide cut-off limit on alcohol sales.”

“This uniform time helps prevent barhopping to find one last drink at establishments with later closing times. Far too often, the search for ‘one last drink’ results in drunk driving.  Establishments across the Commonwealth must all have the same last call time,” said Program Director at MADD’s Massachusetts office Mary Kate DePamphilis.

The Senate has supported bringing happy hour back to Massachusetts, as it’s illegal in the state. Asked if lifting the ban on happy hour will be a part of the bill, Michlewitz said it wasn’t in the original bill and he doesn’t see the concept being part of it. 

Fiola’s committee said it received 33 letters of support for the last call extension proposal and no testimony against it. Supporters include the Downtown Boston Alliance, Greater Boston Chamber of Commerce, Big Night Entertainment, Massachusetts Restaurants United and various individuals in the entertainment industry. 

Fiola clarified Thursday that the bill “does not impose a one-size-fits-all approach” on municipalities, but gives them the option to participate in the temporary pilot program if local officials determine it’s appropriate for the community. 

Gov. Maura Healey has backed the proposal, pointing to the slew of tourism events taking place across the state. In written testimony, Chamber CEO Jim Rooney said the legislation would position Massachusetts as a “competitive global destination.”

“With a global audience and surge of visitors expected, this bill ensures communities have the tools to meet international expectations, capture increased economic activity, and showcase the Commonwealth as a world-class destination,” Rooney wrote.

Andrew Brown, a Bedford resident who works in commercial real estate, wrote in support of the extended operating hours to drive economic activity, create jobs and keep visitors spending in Massachusetts. He also suggested updating the legislation to track economic and public safety data throughout the pilot as a “condition of participation.”

“Metrics including business revenue, foot traffic, commercial vacancy rates, tourism volume, public safety incidents, and transportation usage would give policymakers the evidence base needed to make informed decisions about permanent implementation and position Massachusetts to lead on innovative economic development policy rather than catch up to cities that moved first,” Brown wrote. 

[Alison Kuznitz contributed reporting.]