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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE CITY OF PEABODY TO GRANT 20 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 section 17 of chapter 138 of the General Laws, the licensing authority of the city of Peabody may grant 9 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to operators and locations to be determined by the licensing authority in accordance with this section. The licenses shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority shall restrict the licenses authorized in this section as follows:

     (i)  four shall be granted to entities within the downtown Peabody area, using Foster street, Main street, Howley street, Walnut street, Washington street, Railroad avenue and Central street as the borders and encompassing all property therein as those areas are shown on a map entitled “Downtown Area”, dated August, 2014, a copy of which is on file in the office of the Peabody city clerk. 

             (ii)  four shall be granted to entities within the interstate highway route 95, United States highway route 1 and state highway route 114 corridors which shall include all parcels on and immediately bordering interstate highway route 95, United States highway route 1 and state highway route 114 as those areas are shown on a map entitled “Interstate 95, Route 1 and Route 114 Area”, dated August, 2014, a copy of which is on file in the office of the Peabody city clerk; and

            (iii)  one shall be granted to entities within the Centennial park area which shall include Centennial drive, Corporation way, Technology drive, Summit street, First avenue and Second avenue as those areas are shown on a map entitled “Centennial Park Area”, dated August, 2014, a copy of which is on file in the office of the Peabody city clerk.

(c)  A license granted pursuant to this section shall be clearly marked on its face “Downtown Area or Interstate 95, Route 1 and Route 114 Area or Centennial Park Area Only”. Licenses shall only be granted to parcels as allowed by the zoning ordinance of the city of Peabody.

(d)  The licensing authority shall not approve the transfer of a license granted pursuant to this section to any other location outside the areas described in subsection (b) but it may grant any such license to a new applicant at a location within an area described in said subsection (b) 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.

(e)  If a license granted pursuant to 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 and the licensing authority may then grant the license to a new applicant at a location within an area described in subsection (b) under the same conditions as specified in this section.

SECTION 2.  (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Peabody may grant 11 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to operators and locations to be determined by the licensing authority in accordance with this section. The licenses shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority shall restrict the licenses authorized in this section as follows:

    (i)  six shall be granted to entities within the  downtown Peabody area, using Foster street, Main street, Howley street, Walnut street, Washington street, Railroad avenue and Central street as the borders and encompassing all property therein as those areas are shown on the map referenced in clause (i) of subsection (b) of section 1;

            (ii)  three shall be granted to entities within the interstate highway route 95, United States highway route 1 and state highway route 114 corridors which shall include all parcels on and immediately bordering interstate highway route 95, United States highway route 1 and state highway route 114 as those areas are shown on the map referenced in clause (ii) of said subsection (b) of said section 1; and

            (iii)  two shall be granted to entities within the Centennial park area which shall include Centennial drive, Corporation way, Technology drive, Summit street, First avenue and Second avenue as those areas are shown on the map referenced in clause (iii) of said subsection (b) of said section 1.

(c)  A license granted pursuant to this section shall be clearly marked on its face “Downtown Area or Interstate 95, Route 1 and Route 114 Area or Centennial Park Area Only”. Licenses shall only be granted to parcels as allowed by the zoning ordinance of the city of Peabody.

(d)  The licensing authority shall not approve the transfer of a license granted pursuant to this section to any other location outside the areas described in subsection (b) but it may grant any such license to a new applicant at a location within an area described in said subsection (b) 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.

(e)  If a license granted pursuant to 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 and the licensing authority may then grant the license to a new applicant at a location within an area described in subsection (b) under the same conditions as specified in this section.

SECTION 3.  (a) Notwithstanding section 3 of chapter 133 of the acts of 2014 or any other general or special law to the contrary, the licensing authority of the city of Peabody may approve the transfer of the license for the sale of all alcoholic beverages to be drunk on the premises originally granted to an establishment located at 88 Main street pursuant to said chapter 133 to an establishment located at 2 Main street. The license shall continue to be subject to all of chapter 138 of the General Laws except section 17.

(b)  After the transfer of the license pursuant to this section, the licensing authority shall not approve a subsequent transfer 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.

(c)  If the license transferred pursuant to this section is cancelled, revoked or no longer in use at the location to which it was transferred, 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 section.

SECTION 4.  Sections 1 and 3 shall take effect upon their passage.

 

SECTION 5.  Section 2 shall take effect on January 1, 2019 or upon the issuance of all of the licenses authorized in section 1, whichever occurs first.