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The 193rd General Court of the Commonwealth of Massachusetts

AN ACT AUTHORIZING THE LICENSING AUTHORITY OF THE CITY OF WOBURN TO GRANT 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 city of Woburn may grant up to 7 additional licenses for the sale of all alcoholic beverages to be drunk on the premises and up to 4 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to establishments located within the Woburn mall smart growth overlay district of section 30.2.1 of the Woburn zoning ordinance, as amended, as it existed as of September, 2019.  A license granted pursuant to this subsection shall be clearly marked on its face “Smart Growth Overlay District – Woburn Mall” and located at 300 Mishawum road in the city of Woburn.  The licenses shall be subject to all of said chapter 138, except said section 17.

(b)  Notwithstanding said section 17 of said chapter 138, the licensing authority of the city of Woburn may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138 to Conte-Servino LLC d/b/a Fortuanto’s Restaurant located at 428 Main street in the city of Woburn.  The license shall be subject to all of said chapter 138, except said section 17.

(c)  A license granted pursuant to this act 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 act to any other location outside of Woburn mall smart growth overlay district of section 30.2.1 of the Woburn zoning ordinance, as amended, as it existed as of September, 2019 pursuant to subsection (a) or 428 Main street pursuant to subsection (b), but it may grant the license to a new applicant at the same initial 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 licensee 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 pursuant to this section or any such license granted pursuant to this section is cancelled, revoked or no longer in use, the license 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 to be used at an establishment located within the Woburn mall smart growth overlay district of section 30.2.1 of the Woburn zoning ordinance, as amended, as it existed as of September, 2019 pursuant to subsection (a) or 428 Main street pursuant to subsection (b), pursuant to the same conditions as specified in this section.

(f)  All licenses granted pursuant to this act shall be issued within 3 years after the effective date of this act; provided, however, that a license originally granted within that time period maybe granted to a new applicant pursuant to subsection (d) or (e) thereafter.  

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

Approved, May 29, 2020.