HOUSE DOCKET, NO. 3996        FILED ON: 8/22/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 3687

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act authorizing the town of West Tisbury to place a certain question on the ballot relative to the issuance of licenses for the sale of wines and malt beverages in restaurants, inns and hotels and the issuance of 1 day licenses for the sale of wines and malt beverages at events.

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 11, 11A and 17 of chapter 138 of the General Laws or any other general or special law to the contrary, the board of selectmen of the town of West Tisbury may place upon the official ballot at the next annual town election the following question:  'Shall the board of selectmen of the town of West Tisbury be authorized to:

(1) issue licenses for the sale of wines and malt beverages to patrons of restaurants, including restaurants within inns and hotels, with a seating capacity of not less than 50 persons to be consumed with meals only; and

(2) issue 1 day licenses for the sale of wines and malt beverages under section 14 of chapter 138 of the General Laws, upon such terms and conditions as the board of selectmen may from time to time determine, to allow wines and malt beverages to be served at events where the service of such beverages is incidental to the event and where wines and malt beverages are not separately purchased by attendees at the event?' 

(b) If a majority of the votes cast in answer to the question is in the affirmative, the town of West Tisbury shall be taken to have authorized the sale of wines and malt beverages to be drunk on the premises of said restaurants and the allowance of wines and malt beverages to be served at events in the town which have received a 1 day license for the sale of wines and malt beverages from the board of selectmen. 

(c) The town counsel of the town of West Tisbury shall cause a summary of the question to be printed on the ballot along with the question as stated in subsection (a).

Nothing contained herein shall authorize the issuance of licenses for the sale of wines and malt beverages not to be drunk on the premises, i.e., in a package or convenience store.  The licenses shall be subject to all other provisions of said chapter 138.  The board of selectmen may from time to time issue regulations for granting said licenses and defining terms that are necessary to the implementation of this act. 

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