SENATE DOCKET, NO. 2632        FILED ON: 6/17/2010

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2483

The Commonwealth of Massachusetts

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In the Year Two Thousand Ten

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An Act authorizing the town of Wareham to issue eight (8) additional liquor 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.  Notwithstanding Section 17 of chapter 138 of the General Laws, or any other General or special law or rule or regulation to the contrary, the local licensing authority of the town of Wareham may grant eight (8) additional licenses for the sale of all alcoholic beverages to be drunk on the premises at the locations set forth in this act.

SECTION 2.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Hadley-MacIntosh Enterprises, d/b/a The Stonebridge Bistro, located at 5 East Boulevard, Onset, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 3.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Captain Al’s Restaurant LLC., d/b/a/ Captain Al’s, located at 3136 Cranberry Highway, Onset, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 4.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Merchants Way on The Bay, Inc, d/b/a Merchants Way on The Bay, located at 241 Main Street, Wareham, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 5.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Mark, Inc, d/b/a China Garden, located at 265 Marion Road Wareham, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 6.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Tsika, Inc., d/b/a Minerva Pizza, located at 257 Main Street, Wareham, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 7.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Rosebrook Place Hospitality LLC, a subsidiary of A.D. Makepeace Company, located at the Rte 25-195 interchange, Wareham, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 8.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to W/S Wareham Properties LLC. d/b/a Wareham Crossing Restaurant, located at 2421 Cranberry Highway, Wareham Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 9.  

(a) Notwithstanding section 17 of Chapter 138 of the General Laws or any other general or special law to the contrary, the licensing authority of the town of Wareham may grant one license for the sale of all alcoholic beverages to be drunk on the premises, pursuant to Section 12 of Chapter 138 as appearing in the 2008 Official Edition, to Al & El Corporation              , d/b/a Ella’s Woodburning Oven Restaurant, located at 3165 Cranberry Highway, East Wareham, Massachusetts. A license granted under this section shall be subject to all of Chapter 138 except for Section 17.

(b)  Notwithstanding any general or special law or any rule or regulation to the contrary, the Wareham licensing board shall not approve the transfer of a license issued by authority of this section to any other organization, corporation or location.  Said license may be re-issued by the Wareham 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 Wareham licensing board.  Notwithstanding section 17 of chapter 138 of the General Laws, or any other general or special law to the contrary, the Wareham licensing board may grant the license to a new applicant at the same location and under the same condition as specified in the preceding paragraphs. 

SECTION 10. Chapter 424 of the Acts of 2006 is hereby amended by adding the following language to the end of Section 2 following Business Overlay District “and adjacent parcels of land on Map 109A lots 1 through and 9, 1017A, 1018A, 1019, 1020A, 1020B, 1021, 1022, 1023A, 1023B, 1024A, 1024B 1024C,1038”

SECTION 11.  This act shall take effect upon passage.