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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF FOXBOROUGH TO GRANT 3 ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES.

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 board of selectmen of the town of Foxborough may grant 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises, subject to the conditions set forth in this act.

(b) The board of selectmen shall restrict the licenses to business entities located within the site containing a development to be known as Chestnut Green, in the Chestnut-Payson Overly District, as more particularly shown on a plan which is on file with the board of selectmen as the “Site”.

(c) Notwithstanding said section 12 of said chapter 138 of the General Laws, the additional licenses authorized in this act shall be subject to an original license fee of $5,000 in addition to the annual fee for existing all alcoholic beverages licenses in the town of Foxborough, such fee to be due and payable upon the original issuance of the license and also upon the reissuance of the license pursuant to this act. The additional $5,000 fee shall be deposited into an economic development account of the town and expended consistently with the purposes of the account.

(d) Prior to the granting of a license pursuant to this act, the board of selectmen shall determine whether an applicant or licensee meets the criteria set forth in this act and consistent with the rules and regulations governing the granting of all alcoholic beverages licenses promulgated by the board of selectmen and all other applicable laws.

(e) Notwithstanding any general or special law or rule or regulation to the contrary, the board of selectmen shall not approve the transfer of a license granted pursuant to this act to any other location outside of the Site. The license may be granted by the board of selectmen at the same location if an applicant for the license files with the board a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.

(f) If a license granted under this act is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen. The board of selectmen may then grant that license to a new applicant who meets the criteria set forth in this act and whose business is located within the Site. Such reissuance shall be subject to the payment of the reissuance fee of $5,000 under the same conditions as specified in this act and shall be deposited into an economic development account of the town and expended consistently with the purposes of the account.

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

Approved November 29, 2007.