Opening a Convenience Store in Massachusetts: Licenses & Permits

In Massachusetts, the first approvals for a fuel site are local: a flammables license granted after a public hearing, and a fire department permit. Alcohol comes through a Section 15 package store license, capped by population in each town. Massachusetts also bans all flavored tobacco and vapes, including menthol. Below is who issues what, and how each rule shapes the store you design.

Licenses and permits at a glance

Fuel tanks: local licensing, then MassDEP

• Flammables license: a building used to keep or sell flammables needs a land license from the local licensing authority (M.G.L. c.148 §13). It takes a public hearing, newspaper notice at least 7 days ahead, registered mail to abutters and the fire chief's endorsement. The registration is renewed every year by April 30.
• Fire department: the local fire department also permits the tank installation.
• No MassDEP notice before installation. Register online with MassDEP within 30 days of first putting fuel in a tank, with the installer's certification and as-built plans, under 310 CMR 80.
• Construction: tanks installed since 1989 must be double-walled, and piping installed after January 2, 2015 must be double-walled too.
• Operators: each system needs certified Class A, B and C operators, and a designated operator must be present whenever the system operates.
• Inspections: a third-party inspection every 3 years.
• Fees: the statute sets a $250 annual fee per tank, billed by the Department of Revenue each July, plus a delivery fee.
• Fund: the Underground Storage Tank Petroleum Cleanup Fund pays up to $1.5 million for cleanup at retail stations and $1 million for third-party claims, after a $5,000 deductible for a single-facility owner. It pays only while funds are available and states that it isn't insurance.

Alcohol: the Section 15 package store license

Convenience stores sell alcohol under a Section 15 license, granted by the local licensing authority and approved by the Alcoholic Beverages Control Commission (ABCC), then issued by the town when the local fee is paid:

• License types: all alcohol (beer, wine and spirits), or wine and malt beverages only, depending on the town's vote.
• Quota: towns get one all-alcohol license per 5,000 residents (at least two), plus wine and malt licenses per 5,000 (at least five).
• Ownership caps: one owner may hold 9 licenses statewide, and only one per town or two per city.
• Eligibility: applicants must meet Massachusetts citizenship or residency rules or be a Massachusetts-organized company.
• Schools and churches: a store within 500 feet of a school or church needs a written finding after a hearing that it isn't detrimental. Applicants mail notice to abutters and to any school, church or hospital within 500 feet.
• Hours: 8 a.m. to 11 p.m., with Sunday sales from 10 a.m. No sales on Thanksgiving or Christmas.
• Staff: employees must be 18 or older to sell or handle alcohol.

Tobacco and vapes

The Department of Revenue issues tobacco retailer licenses through MassTaxConnect, valid for two years and expiring September 30 of even years. Most towns also require a board of health tobacco permit.

• Flavor ban: all flavored tobacco and vapes, including menthol, are banned except in smoking bars for on-site use (c.270 §28).
• Nicotine strength: vapes over 35 mg/ml may be sold only by adult-only retail tobacco stores or smoking bars.
• Age 21.

Food service: the local board of health

The local board of health permits food establishments under 105 CMR 590, based on the 2013 FDA Food Code. Plans must be submitted before construction, and the board must approve or deny them within 30 days or they're deemed approved. Fees are set locally.

Sales tax, fuel pumps and lottery

• Sales tax: register with the Department of Revenue through MassTaxConnect. The rate is 6.25%.
• Fuel pumps: the Division of Standards issues a motor fuel retail license, $150 per station a year, expiring December 31. Local sealers inspect and seal pumps.
• Lottery: apply through the Massachusetts Lottery agent portal. A business can't sell only lottery tickets, and felony or gambling convictions bar approval.

What this means for your store design

• Find a Section 15 license before you design an alcohol section. Towns cap the number, and many sites will need to buy one from an existing holder. Check whether the town allows all alcohol or only wine and malt. See the cooler wall planner and beer cave cost.
• Size the tobacco back-bar for tobacco-flavored products only. No menthol or flavored products may be sold.
• Build the public hearing into the fuel schedule. The flammables license needs notice, abutter mailings and the fire chief's sign-off before tanks go in.
• Check 500 feet for schools and churches. It triggers a hearing for the alcohol license. See choosing a location.
• Submit food plans early. The board of health has 30 days to decide. See food service build-outs.

Local approvals

Your city or town also controls zoning, building permits, fire inspections, signs, the liquor license and the local tobacco permit. Our construction checklist covers the local steps.

For Massachusetts store design, see convenience store design in Massachusetts and walk-in cooler services in Massachusetts.

Sources

• MassDEP, UST program and notification fact sheet (November 2025); 310 CMR 80.00; M.G.L. c.21J §2 and 503 CMR 2.00 (cleanup fund, revised January 2025); M.G.L. c.148 §13.
• M.G.L. c.138 §§15, 15A, 16C, 17, 33 and 34; ABCC FAQs (fall 2025).
• M.G.L. c.270 §§6, 28 and 29; Department of Revenue, cigarette, tobacco and vaping excise FAQs.
• 105 CMR 590 (retail food code); Department of Public Health, retail food code FAQs.
• Department of Revenue, sales and use tax; M.G.L. c.94 §295B and c.98 §56; Division of Standards, motor fuel license.
• 961 CMR 2.00 (Massachusetts Lottery).

This page summarizes official sources as of October 2026. It is not legal advice. Fees and rules change, so confirm each one with the agency before you apply.