SENATE DOCKET, NO. 320        FILED ON: 1/13/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 147

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act relative to converting one seasonal license for the sale of all alcoholic beverages not to be consumed on the premises to one annual license ..

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 sections 15 and 17 of chapter 138 of the General  Laws or any other general or special law to the contrary, one seasonal license for the sale of all alcoholic beverages not to be consumed on the premises available to be issued by the Westfield licensing board shall be converted to one additional annual license for the sale of all alcoholic beverages not to be consumed on the premises and the Westfield licensing board may grant the one additional annual license subject, however, to the conditions set forth herein.  The one seasonal license to be converted is and shall continue to be located at 53 Elm Street. 

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Westfield licensing board shall not approve the transfer of a license issued by one authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Westfield licensing board at the same location if an applicant for said license files with said board a letter in writing from the Commonwealth’s Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid.

(c) If a license granted under this section is cancelled, revoked or longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the Westfield licensing board.  Notwithstanding section 17 of chapter 139 of the General Laws, or any other general or special law to the contrary, the Westfield licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraph.  The original license fee shall be $4,000.00 and such fee is due and payable upon the original issuance of the license and also upon any reissuance of the license and such fee shall be deposited in an Economic Development account for the City of Westfield and expended consistently with the purposes of said account. 

Section 2:  This act shall take effect upon its passage.