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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF SALEM TO CONVERT 1 LICENSE FOR THE SALE OF WINES AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES TO A LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES NOT 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. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may convert 1 license for the sale of wines and malt beverages not to be drunk on the premises under section 15 of said chapter 138 issued to Pamplemousse, Inc. pursuant to chapter 214 of the acts of 2004 for use at 185 to 189 Essex street to a license for the sale of all alcoholic beverages not to be drunk on the premises under section 15 of said chapter 138 to Pamplemousse, Inc. for use at 185 to 189 Essex street. The license shall be subject to all of said chapter 138 except said section 17.

The licensing authority shall not approve the transfer of the license converted pursuant to this section to any other location but it may grant the license to a new applicant 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 departments and that all applicable taxes, fees and contributions have been paid.

If the license converted pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this act.

SECTION 2. (a) The city of Salem shall charge a fee for the conversion of the license authorized in section 1, which shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into a contract with the licensee to allow the division of the fee into multiple payments over time from the licensee. If the city elects to accept multiple payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for a license. 

(b) Any fee collected by the city of Salem for the license converted pursuant to section 1, which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into the city's economic development account and expended by it in a manner consistent with the purposes of such account. 

SECTION 3. This act shall take effect upon its passage.

Approved, January 3, 2018.