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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF HOLYOKE TO ISSUE ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES AND WINES AND MALT 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 section 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the city of Holyoke may grant 6 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and 7 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138, subject to the conditions set forth in this act, to establishments located in certain areas as defined in sections 4 and 5.  The licensing authority for the city of Holyoke shall restrict the licenses granted pursuant to this act to holders of common victualler licenses who have submitted a development and restaurant concept, menu and seating chart reviewed and approved by the Holyoke Redevelopment Authority.
     (b)  Licenses granted pursuant to this act shall be subject to an initial, one-time application fee of $10,000 in addition to the existing license fee applicable in the city of Holyoke for the sale of all alcoholic beverages to be drunk on the premises and for the sale of wines and malt beverages to be drunk on the premises.  The additional $10,000 fee shall be deposited into an economic development account held by the Holyoke Redevelopment Authority and expended consistently with the purposes of the account.
     (c)  The licensing authority shall not approve the transfer of a license to any other location or any other person, corporation or organization.  All licenses issued pursuant to this act shall be clearly marked “nontransferable” on the face of the license.  If a license granted under this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority for the city of Holyoke.  The licensing authority may then grant the license to a new applicant, subject to the initial application fee of $10,000, only at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those entities and that all applicable taxes have been paid.
     SECTION 2.  (a) One license for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wines and malt beverages to be drunk on the premises, pursuant to section 12 of chapter 138 of the General Laws, shall be allocated to the area known as TOD West which consists of all parcels inside the following boundaries: beginning at the intersection of Chestnut street and Hampden street, southeasterly along the centerline of Hampden street to the intersection with the centerline of an alley between parcels 013-03-005 and 013-01-001; southwesterly along the centerline of said alley, to the intersection of the centerline of John street; southeasterly along the centerline of John street to the intersection of a parcel 013-04-003 having a parking facility; south westerly along the westerly side of such parking facility transcending parcel 013-04-003 to its intersection with the centerline of Dwight street; southeasterly along the centerline of Dwight street to the intersection with the centerline of Heritage street; southwesterly along the centerline of Heritage street to its intersection with the centerline of Appleton street; northwesterly along the centerline of Appleton street the intersection of the centerline of Chestnut street; northeasterly along the centerline of Chestnut street to the point of beginning.
     (b)  One license for the sale of all alcoholic beverages to be drunk on the premises and 1 license for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 shall be allocated to the area known as TOD East which consists of all parcels inside the following boundaries: beginning at the intersection of the centerline of Canal street and Grover street, southerly along the centerline of Grover street to its intersection with the centerline of Lyman street; westerly along the centerline of Lyman street to its intersection with the centerline of Bowers street; southerly along the centerline of Bowers street to its intersection with the centerline of Mosher street; westerly along the centerline of Mosher street to its intersection with the westerly boundary of parcel 033-04-001; southerly along the westerly side of parcel 033-04-001 and along the westerly boundary or parcel 033-05-002 to its intersection with the centerline of Appleton street; northwesterly along the centerline of Appleton street to its intersection of an alley between parcels 030-06-01 and 030-06-011 (between Main street and Race street); northeasterly along the centerline of an alley to its intersection with the centerline of Dwight street; northwesterly along the centerline of Dwight street to its intersection with the centerline of Race street; northeasterly along the centerline of Race street to its intersection with centerline of Canal street, to the point of beginning.
     (c)  One license for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wines and malt beverages to be drunk on the premises, pursuant to section 12 of said chapter 138, shall be allocated to the area known as Mid-Canal which consists of the area of all parcels inside the following boundaries: beginning at the intersection of the centerline of a parcel 022-01-010A located on the easterly side of Front street and Lyman street, southeasterly along the centerline of Lyman street to the easterly boundary of parcel 023-01-024, owned by the Holyoke Gas & Electric; following the easterly boundary of parcel 023-01-024, northerly along the easterly boundary of parcel 023-01-024 and southerly along the easterly boundary of parcel 023-01-024 to the intersection of the westerly boundary of parcel 023-01-011, owned by the Holyoke Gas & Electric; southerly along the westerly boundary of parcel 023-01-011 to its intersection of the centerline of Lyman street; southeasterly along the centerline of Lyman street to its intersection with the centerline of Race street; southwesterly along the centerline of Race street to its intersection of the centerline of Dwight street; southeasterly along the centerline of Dwight street to its intersection with the centerline of an alley beginning between parcels 033-07-001 and 033-07-021 (between Race and Main street); southwesterly along the centerlines of alleys beginning between parcels 033-07-001 and 033-07-021 to its intersection with the centerline of Cabot street; northwesterly along the centerline of Cabot street to its intersection with the centerline of railroad tracks adjacent to the westerly side of parcel 020-02-006; northeasterly along the centerline of the railroad tracks up to and along the easterly boundary of parcel 021-01-012 (Heritage State Park) and northeasterly along the centerlines of parcels 022-01-010 and 022-01-010A, owned by Pioneer Valley Railroad and Trident Holyoke LLC, to the point of beginning.
     SECTION 3.  Three licenses for the sale of all alcoholic beverages to be drunk on the premises and 2 licenses for the sale of wines and malt beverages to be drunk on the premises, pursuant to section 12 of chapter 138 of the General Laws, shall be allocated to census tracts 8114, 8115, 8116 and 8117.
     SECTION 4.  This act shall take effect upon its passage.

Approved August 28, 2014.