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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF TYNGSBOROUGH TO GRANT 4 ADDITIONAL LICENSES FOR THE SALE OF 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 town of Tyngsborough may grant 4 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 “Economic Development Zone-Middlesex Road,” as those areas are defined by the town’s zoning map, as it existed on March 2018, upon approval of and under conditions set by the licensing authority of the town of Tyngsborough. A license granted pursuant to this act shall be clearly marked on its face “Economic Development Zone-Middlesex Road” and shall be subject to said chapter 138, except said section 17.

(b)  The licensing authority shall restrict the 4 licenses authorized in this section to 2 locations within the town’s Economic Development Zone-Middlesex Road as follows:

(i)  3 licenses for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entities within Tyngsborough Crossing Plaza, located at 440 Middlesex road, which shall include parcels on and immediately bordering Middlesex road, Pondview Place, and Chisholm road, 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 area designated as “B3-Upper”, dated March 2018, a copy of which is on file in the office of the Tyngsborough town clerk; and

    (ii)  1 license for the sale of all alcoholic beverages to be drunk on the premises shall be issued to the entity located at 324 Middlesex road, which shall include parcels on and immediately bordering south of Chisholm road and Bryan lane, 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 “B3-Lower”, dated March 2018, a copy of which is on file in the office of the Tyngsborough town clerk. 

(c)  A license granted under this act shall only be exercised in the dining room of a common victualer and in other public rooms or areas considered reasonable and appropriate by the licensing authority, as certified in writing.

(d)  The licensing authority of the town of Tyngsborough shall not approve the transfer of a license granted pursuant to this act to a location outside of the town’s Economic Development Zone-Middlesex Road, but it may grant a license to a new applicant within the Economic Development Zone-Middlesex Road 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)  The licenses assigned to the Economic Development Zone-Middlesex Road shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew a license granted under this act 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 Economic Development Zone-Middlesex Road under the same conditions specified in this act.

(f)  All licenses granted pursuant to this act shall be issued not later than 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 subsections (d) or (e) more than 2 years after the effective date of this act.  

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

Approved, January 2, 2019.