HOUSE DOCKET, NO. 3750        FILED ON: 5/18/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3459

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act relative to the granting of club and special licenses for the sale of alcoholic beverages in the town of Weston.

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 the provisions of section 17 of said chapter 138 of the general laws, or of any other general or special law to the contrary, the board of selectmen of the town of Weston may grant to the Weston Golf Club a club license to sell all alcoholic beverages to be drunk on the premises at 275 Meadowbrook Road in said town under section 12 of said chapter 138. The license shall be subject to all of said chapter 138 except for said section 17, and to any regulations and guidelines adopted by the Massachusetts Alcoholic Beverages Control Commission relative to the service of alcoholic beverages. 

The board of selectmen shall not approve the transfer of the license to any other location but the license may be granted by the board of selectmen at the same location if an applicant for the license files with the board of selectmen a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen and the board of selectmen may then grant the license to a new applicant at the same location and under the same conditions as specified in this section.

SECTION 2. Notwithstanding the provisions of section 17 of said chapter 138 of the general laws, or of any other general or special law to the contrary, the board of selectmen of the town of Weston may grant to the Pine Brook Country Club a club license to sell all alcoholic beverages to be drunk on the premises at 42 Newton Street in said town under section 12 of said chapter 138. The license shall be subject to all of said chapter 138 except for said section 17, and to any regulations and guidelines adopted by the Massachusetts Alcoholic Beverages Control Commission relative to the service of alcoholic beverages.

The board of selectmen shall not approve the transfer of the license to any other location but the license may be granted by the board of selectmen at the same location if an applicant for the license files with the board of selectmen a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen and the board of selectmen may then grant the license to a new applicant at the same location and under the same conditions as specified in this section.

SECTION 3. Notwithstanding the provisions of section 17 of said chapter 138 of the general laws, or of any other general or special law to the contrary, the board of selectmen of the town of Weston may grant to the Hazel Hotchkiss Wightman Tennis Center a club license to sell all alcoholic beverages to be drunk on the premises at 100 Brown Street in said town under section 12 of said chapter 138. The license shall be subject to all of said chapter 138 except for said section 17, and to any regulations and guidelines adopted by the Massachusetts Alcoholic Beverages Control Commission relative to the service of alcoholic beverages.

The board of selectmen shall not approve the transfer of the license to any other location but the license may be granted by the board of selectmen at the same location if an applicant for the license files with the board of selectmen a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the board of selectmen and the board of selectmen may then grant the license to a new applicant at the same location and under the same conditions as specified in this section.

SECTION 4. Notwithstanding the provisions of any general or special law to the contrary, the board of selectmen of the town of Weston may grant special licenses for the sale of alcoholic beverages pursuant to section 14 of said chapter 138.  Licenses granted under this act shall be subject to all of said chapter 138, except said sections 11 and 11A. Once any such license is issued by the board of selectmen, said board of selectmen shall not approve the transfer of the license to any other person, organization, corporation, or location.

SECTION 5.  Notwithstanding the provisions of sections 11 and 11A of chapter 138 of the General Laws as to the time and manner of voting on the question of issuing the licenses set forth set forth above, this act shall be submitted for its acceptance to the qualified voters of the town of Weston at an annual or special town election following the effective date of this act in the form of the following question:

“Shall an act passed by the General Court in the year 2011, entitled ‘An Act Relative to the Granting of Club and Special Licenses for the Sale of Alcoholic Beverages in the Town of Weston’ be accepted?”

Below the ballot question shall appear a fair and concise summary of the ballot question prepared by town counsel and approved by the board of selectmen.

If a majority of the votes cast in answer to the question is in the affirmative, this act shall immediately take effect in the town of Weston, but not otherwise.

SECTION 6.  This act shall take effect upon passage.