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The 191st General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE TOWN OF SWANSEA TO GRANT ADDITIONAL ALCOHOLIC BEVERAGE LICENSES

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 Swansea may grant up to 6 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 Business B District, as described in subsection (b), upon approval of and under conditions set by the licensing authority. Licenses granted pursuant to this act shall be clearly marked “Business B District” on their face and shall be subject to all of said chapter 138 except said section 17.

(b)  The licensing authority of the town of Swansea shall restrict the licenses granted pursuant to this section to establishments within the Business B District, which shall comprise the area located on the northerly and southerly parcels along route 6 from the westerly boundary of Gardner Neck road to the westerly boundary of Milton Reiser road and the area located from route 6 and route 118 in a northerly direction 3,900 feet +/- to the northerly most point of the Swansea Mall, as those areas are designated as Business B District on the map; provided, however, that for the purposes of this subsection, “map” shall mean the parcel specific corridor areas designated as “Business B District”, dated July 29, 2019, a copy of which is on file in the office of the Swansea town clerk.

(c)  A license granted pursuant to 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 shall not approve the transfer of a license granted pursuant to this section to a location outside of the town’s Business B District, but it may grant a license to a new applicant within the Business B District 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)  A license granted pursuant to this section shall not be sold or transferred by the licensee. If a licensee terminates or fails to renew a license granted pursuant to 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 within the town’s Business B District under the same conditions as specified in this section.

(f)  All licenses granted pursuant to this act shall be issued not later than 3 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, January 3, 2020.