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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF BROOKLINE TO GRANT 12 ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES IN CERTAIN TARGET COMMERCIAL AREAS.

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 town of Brookline may grant 12 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to establishments located within the town’s 4 Target Commercial Areas, as those areas are defined by the town’s zoning map, as it existed as of January 31, 2018, upon approval of and under conditions set by the licensing authority of the town of Brookline. A license granted pursuant to this act shall be clearly marked on its face “Target Commercial Area, Brookline Village”, “Target Commercial Area, Coolidge Corner”, “Target Commercial Area, JFK Crossing” or “Target Commercial Area, Washington Square” and shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority shall restrict the 12 licenses authorized in this section to 4 Target Commercial Areas as follows:

(1)  Three licenses for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entities within the Brookline Village Target Commercial Area, which shall include parcels on and immediately bordering River road, Brookline avenue, Pearl street, White place, Station street, Washington street, Holden street, Linden street and intersecting Harvard street, as the borders and encompassing all property therein, as those areas are shown on the map; provided, however, that for the purposes of this paragraph, map shall mean the parcel specific corridor areas designated as “Brookline Village”, dated January 31, 2018, a copy of which is on file in the office of the Brookline town clerk; 

(2)  Five licenses for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entities within the Coolidge Corner Target Commercial Area, which shall include parcels on and immediately bordering Waldo street, Harvard street, Centre street, Webster street, and intersecting Beacon street, as the borders and encompassing all property therein, as those areas are shown on the map; provided, however, that for the purposes of this paragraph, map shall mean the parcel specific corridor areas designated as “Coolidge Corner”, dated January 31, 2018, a copy of which is on file in the office of the Brookline town clerk; 

(3)  One license for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entities within the JFK Crossing Target Commercial Area, which shall include parcels on and immediately bordering Columbia street, Thorndike street, Coolidge street, Fuller street, Clarence street, Centre street and intersecting Harvard street, as the borders and encompassing all property therein, as those areas are shown on the map; provided, however, that for the purposes of this paragraph, map shall mean the parcel specific corridor areas designated as “JFK Crossing”, dated January 31, 2018, a copy of which is on file in the office of the Brookline town clerk; and

(4)  Three licenses for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entities within the Washington Square Target Commercial Area, which shall include parcels on and immediately bordering Salisbury road, Westbourne terrace, Washington street, Winthrop road, Tappan street and intersecting Beacon street, as the borders and encompassing all property therein, as those areas are shown on the map; provided, however, that for the purposes of this paragraph, map shall mean the parcel specific corridor areas designated as “Washington Square”, dated January 31, 2018, a copy of which is on file in the office of the Brookline town clerk.

(c)  A license granted under this section shall only be exercised in the dining room of a common victualler and in such other public rooms or areas as may be deemed reasonable and appropriate by the licensing authority as certified in writing.

(d)  The licensing authority of the town of Brookline shall not approve the transfer of a license granted pursuant to this section to a location outside of the town’s 4 Target Commercial Areas, but it may grant a license to a new applicant within the 4 Target Commercial Areas 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 licensee terminates or fails to renew a license granted under this section or if any such license 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 in the town’s 4 Target Commercial Areas under the same conditions as specified in this section.

(f)  All licenses granted pursuant to this act shall be issued within 2 years after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant pursuant to subsection (d) or (e) thereafter.  

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

Approved, October 11, 2018.