Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. (a) Notwithstanding sections 12 and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the Pittsfield licensing board may grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, and 4 additional licenses for the sale of wines and malt beverages to be drunk on the premises, subject to the conditions set forth in this act.

(b) The licensing board may reserve, until December 1, 2006, 1 of the all alcoholic beverages licenses for a downtown business to be located in the same building as the downtown movie theatre project and to reserve 1 of the all alcoholic beverages licenses for the Colonial Theatre Association upon its application for the same within 90 days of the first planned performance at the Colonial Theatre.

(c) The licensing board may restrict the remaining licenses to business entities that locate in the designated Downtown Economic Development Zone. The zone is more particularly shown on a plan entitled "Amended Downtown Pittsfield EOA", which is on file with the city of Pittsfield licensing board and attached hereto.

(d) Notwithstanding said section 12 of said chapter 138, these additional licenses shall be subject to an annual fee of $1,500 more than the annual fee for existing all alcoholic beverages licenses or wines and malt beverages licenses, as applicable, in the city of Pittsfield.

(e) Notwithstanding said sections 12 and 77 of said chapter 138, the licensing board may restrict the nonreserved all alcoholic beverages licenses to bona fide downtown restaurants having a primary mission of providing restaurant goods and services in the Downtown Economic Development Zone. Any restaurants shall not provide direct bar service to patrons except those waiting to be seated for a meal and the license holder shall maintain a direct management role in the daily operation of the restaurant. Any such restaurant shall be determined to be a bona fide restaurant if it operates a full kitchen for a minimum of 8 hours per day or, if it is open for less than 8 hours per day, it operates a full kitchen for the entire period it is open.

(f) Notwithstanding said sections 12 and 77 of said chapter 138, the licensing board may restrict the wines and malt beverages licenses to licensees with an on-premises kitchens open for a minimum of 8 hours per day or an on-premises kitchen open for the entire period it is open.

(g) The licensing board and the alcoholic beverages control commission shall determine reasonably whether an applicant or licensee meets the criteria set forth in this act.

(h) The licenses shall not be transferable.

(i) The licenses, if revoked or no longer in use, shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing board.

SECTION 2. This act shall take effect upon its passage.